Or. Admin. Code § 177-040-0300

Current through Register Vol. 63, No. 10, October 1, 2024

Section 177-040-0300 - Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations

(1)General: When the Lottery issues a contract denial, a key person denial, or a contract termination order, the denied contract applicant, the retailer who submitted the denied key person application, or the terminated Lottery retailer may request that the Lottery reconsider the denial or contract termination order.

(2)Form of Request: Each denial or contract termination order issued by the Lottery will inform the applicant or the retailer of the right to request reconsideration of the denial or contract termination order. Each request for reconsideration must meet the following requirements:

(a) The request for reconsideration must be submitted in writing within 60 days of the date of the denial or termination;

(b) The request for reconsideration must allege either a change in circumstances or it must provide additional information sufficient to show that the circumstances which are the basis for the order should not result in denial or termination or are fully corrected or resolved.

(3)Lottery's Response: The Lottery will take one of the following actions on a request for reconsideration:

(a)Approval of the Request: If the Director determines the change in circumstances or information submitted in the request for reconsideration adequately addresses, corrects, or resolves the issues which were the basis for the denial or termination order, the request for reconsideration will be granted, and the denial or termination order will be rescinded.

(b)Denial of the Request: If the Director determines that the change in circumstances or information submitted in the request for reconsideration does not adequately address, correct, or resolve the issues which were the basis for the denial or termination order, the Director will deny the request for reconsideration.

(c)Order on Reconsideration:

(A) If the Director determines that the information submitted only partially addresses, corrects, or resolves the issues which were the basis for the denial or termination order, the Director will issue a new order denying the application or terminating the contract. The new order, as appropriate, will delete from or add to the bases for denial or termination in the original order.

(B) If, at any time, the Director determines that there is an additional basis for denial of a contract or key person application, or termination of the contract, the Director may issue a new or amended denial or termination order.

(d)Director's Determinations: The Director's determinations are final for purposes of responding to requests for reconsideration.

Or. Admin. Code § 177-040-0300

LOTT 3-2006, f. 2-16-06, cert. ef. 3-1-06

Stat. Auth.: ORS 461 & OR Const. Art. XV, Sec. 4(4), HB 2237 (2005)

Stats. Implemented: ORS 461.300