Okla. Admin. Code § 429:1-1-5

Current through Vol. 42, No. 3, October 15, 2024

Section 429:1-1-5 - Procedures for retailer appeal to Board

(a) The provisions of this rule are provided to retailers who wish to appeal the cancellation, denial, revocation, temporary suspension, suspension or rejection of renewal of a lottery retailer contract by the executive director or designee.

(b) These rules shall be given the most reasonable meaning, taken in their total context, and will be construed to secure due process in the resolution of retailer appeals. They shall not be construed to limit legal rights or obligations of any party.

(c) The executive director shall designate a member of the Oklahoma Lottery Commission (OLC) staff to evaluate lottery retailer contracts. That designee may:

(1) Temporarily suspend a lottery retailer contract without prior notice pending any prosecution, hearing, or investigation, whether by a third party or by the OLC; or,

(2) Cancel, suspend, deny, revoke, terminate, or reject renewal of a lottery retailer contract when it is in the best interest of the lottery, the public welfare, or the State of Oklahoma, and shall promptly notify the retailer of such action.

(d) Retailers will be notified by certified mail at the last retailer address known to the OLC. The notification will outline the reasons for OLC's action and advise retailers of their right to appeal to the executive director.

(e) Retailers shall have twenty (20) days from the date of the notice of the (1) temporary suspension or (2), cancellation, suspension, denial, revocation, termination, or rejection of renewal of a lottery retailer contract to appeal to the executive director. Appeals shall be filed and signed by the retailer and shall set out therein:

(1) The name, address and retailer's certificate number;

(2) The argument and/or legal authority upon which each assignment of error is made; and

(3) A statement of relief sought by the retailer.

(f) The executive director will consider the appeal of the (1) temporary suspension or (2) cancellation, suspension, denial, revocation, or termination or rejection of renewal of a lottery retailer contract by the OLC designee and shall fix a date for a hearing.

(1) The hearing date shall be set within thirty (30) days of the date the appeal is received.

(2) Notice of the time, date and location of the hearing will be sent to the parties.

(3) The executive director shall issue a written order after the hearing which shall be sent by certified mail to the retailer within thirty (30) days of the hearing date.

(g) Any aggrieved party to the contract may appeal the order of the executive director to the Board of Trustees of the OLC by filing a notice of such appeal with the executive director within twenty (20) days of the mailing of the written order by the executive director. Such appeal must specify the grounds upon which the party alleges the executive directors order to be erroneous.

(h) The Board of Trustees will hear the appeal of the order of the executive director's and shall fix a date of hearing, at which time the Board shall be authorized and empowered to hear evidence pertinent to the appeal.

(1) Notice of the time, date and location of the hearing will be sent to the parties.

(2) The Board may, in its discretion, vacate, modify, or affirm, in part or whole, the order of the executive director.

(3) The Board shall issue a written order in each case within sixty days of the hearing date.

(i) Orders of the Board shall be subject to judicial review (3A OS, §730).

Okla. Admin. Code § 429:1-1-5

Added at 23 Ok Reg 171, eff 10-10-05 (emergency); Added at 23 Ok Reg 2774, eff 6-25-06

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 9/6/2021