Chapter 3770-1 Director's Authority

3770-1-01 Definitions of terms used in the regulations of the director of the Ohio state lottery.

(A) "Lottery Act" means Chapter 3770. of the Revised Code, and all amendments thereto.

(B) "Agent" means any person licensed as a lottery sales agent by the director.

(C) "Commission" and "Ohio lottery commission" mean the state lottery commission created by the Lottery Act.

(D) "Director" means the executive director of the state lottery appointed in accordance with the Lottery Act.

(E) "Commissioner" means a member of the commission.

(F) "Ticket" means a lottery ticket issued by the state lottery for sale to the public.

(G) "Game" means a lottery game offered by the state lottery for sale to the public.

(H) "Administrative Procedure Act" means Chapter 119. of the Revised Code, and all amendments thereto.

(I) "Sales representative" means a person authorized to act for the director in the safekeeping of and accounting for games, products, equipment or settlement of sales agent accounts.

(J) "Settlement date" means each date specified by the director on which sales agents are to settle their transactions through deposits with designated banking institutions.

(K) "Settlement."

(1) For purposes of lottery sales agent and licensure, "settlement" means the reconciliation of all inventory and the removal of lottery equipment pending the cancellation of the lottery sales agent license.

(2) For purposes of lottery game tickets, "settlement" means the return of full and partial lots of game tickets by the time period specified by the director.

(L) "Lottery fund" means, inclusively, the various state lottery funds established by sections 3770.06 and 3770.07 of the Revised Code.

(M) "Person."

(1) For purposes of lottery sales agents and licensure, "person" means any person, persons, location, association, corporation, limited liability company, partnership, club, trust, estate, society, receiver, trustee, person acting in a fiduciary or representative capacity, instrumentality of the state or any of its political subdivisions, or any other combination of individuals meeting the requirements set forth in section 3770.05 of the Revised Code or established by rule or order of the commission.

(2) For all other purposes, "person" means person(s), an individual, a member, corporation, business trust, estate, trust, partnership, and association, or any other combination of individuals meeting the requirements of section 1.59 of the Revised Code or established by rule or order of the commission.

(N) "License" means the general privilege granted to any person by the director to sell games.

(O) "Rule" means any rule, regulation or standard having a general and uniform operation, adopted, promulgated and enforced by the commission or the director, but shall not include regulations concerning internal management which do not affect private rights.

(P) "License rule" means any rule, regulation or standard promulgated and enforced by the commission or the director in carrying out the licensing function

(Q) "General rule" means any rule which is not a license rule..

(R) "Principal" means each shareholder owning ten per cent or more of the voting stock; each director and each officer of a corporation; each general partner of a partnership; each member of any other form of association, entity, organization, or group of owners; and each individual proprietor of a proprietorship.

(S) "State lottery" or "lottery" means, collectively, the organization created by the commission and the program of lottery games conducted by the commission.

(T) "Holder of a ticket" means the person who has possession of that ticket without regard to the manner in which possession was acquired or to any name which may appear on the ticket.

R.C. 119.032 review dates: 01/08/2014 and 01/30/2018
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.04 , 3770.05 , 3770.06 , 3770.07 , 3770.08
Prior Effective Dates: 7/15/1974, 9/10/1979, 5/27/1993, 12/27/1996, 1/31/1998, 2/13/2004,

3770-1-02 Director's authority under Administrative Procedure Act.

(A) The regulations of the director pertaining to the licensing function, which will have a general and uniform operation, shall be adopted, promulgated and enforced in accordance with the Administrative Procedure Act. In adopting, amending or rescinding a regulation under the Administrative Procedure Act, the procedures of the commission set out in Chapter 3770:1-2 of the Administrative Code shall be followed by the director.

(B) Paragraph (A) of this rule shall not apply to regulations or directives concerning internal management of the state lottery by the director which do not affect private rights.

(C) Decisions and orders of the director in conducting the licensing function shall be made or adopted in compliance with the Administrative Procedure Act. When required by that act, the director shall afford a hearing to a person affected by an order or decision to refuse, suspend or revoke a license. Such hearings shall be conducted by the director or a hearing officer designated by the director and shall comply with the requirements for adjudication hearings set out in the Administrative Procedure Act. The requirement of the Administrative Procedure Act that adjudication hearings be afforded prior to a final decision by the director shall be waived if circumstances such as non-payment of funds owed by a sales agent, or other circumstances related to the public safety, convenience, or trust require immediate action. The director, however, must continue to comply with the requirements of the Administrative Procedure Act in affording the subsequent opportunity for an adjudication hearing.

(D) Unless expressly provided to the contrary, any action permitted to, or required of the director may be taken by a representative authorized by the director to take such action.

R.C. 119.032 review dates: 11/18/2013 and 01/30/2018
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.04 , 3770.05 , 3770.06 , 3770.07 , 3770.08
Prior Effective Dates: 7/15/1974, 5/27/1993, 12/27/1996