Chapter 3770:1-5 By-Laws

3770:1-5-01 Scope and purpose of by-laws.

The by-laws of the commission contained in this chapter set out the policies and procedures which will govern the organization and administration of the commission and the state lottery.

R.C. 119.032 review dates: 02/16/2012 and 02/15/2017
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: 7/15/74, 8/12/74, 5/27/93, 12/27/96, 3/19/07

3770:1-5-02 The commission and its members. [Rescinded].

Rescinded eff 6-8-07

3770:1-5-03 Powers and duties of the commission.

(A) Purpose of the commission. The commission shall create a program of lottery games in the state of Ohio. The commission will carry out all duties assigned to it in the Lottery Act and will determine the rules under which the state lottery program will be established and conducted. Consistent with the Lottery Act, the commission will perform its duties so as to make as large a contribution as is practicable to the lottery profits education fund.

(B) Delegation to director. In addition to those duties assigned to the director in the Lottery Act, the commission may delegate the performance of other executive or administrative functions to the director.

(C) Commission to adopt rules for the conduct and operation of the state lottery. The commission shall promulgate further rules, in addition to those promulgated under paragraph (C) of this rule, pursuant to Chapter 119. of the Revised Code for the conduct and operation of the lottery except that instant game rules shall be promulgated pursuant to section 111.15 of the Revised Code but are not subject to division (D) of that section. Subjects covered in these rules shall include but need not be limited to:

(1) The payment of prize awards;

(2) The criteria for the sealing of records and allowable offenses of lottery sales agent applicants or vendors; and

(3) All other areas relating to the efficient and economical operation and administration of a statewide lottery consonant with the public interest.

(D) Reports. The commission shall report immediately to the governor and the general assembly any matters relating to the operation or administration of the lottery that, in the commission's judgment, require immediate legislative attention.

(E) Studies and investigations. The commission shall continuously examine and update the operating procedures of the state lottery and may authorize studies of the state-run lotteries of other states for purposes of comparison.

Effective: 07/21/2013
R.C. 119.032 review dates: 05/06/2013 and 07/21/2018
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.05 , 3770.06 , 3770.07 , 3770.08
Prior Effective Dates: 7/15/74, 8/12/74, 5/27/93, 12/27/96, 7/19/02, 6/8/07

3770:1-5-04 Meetings of the commission.

(A) Regular meetings. The commission shall hold a regular meeting with the director at least once each month.

(B) Special meetings. Special meetings of the commission shall be convened at the request of the chairperson or any five of the commissioners.

(C) Emergency special meetings. Emergency special meetings of the commission shall be convened at the request of the chairperson or any five of the commissioners. An emergency special meeting shall be convened only when an emergency has arisen which, in the determination of the conveners, requires immediate attention or action. An emergency special meeting shall be held at the commission's headquarters or such other place designated by the conveners of the meeting.

(D) General public notice of meetings.

(1) Any person may ascertain the time, place and purpose of regular meetings and special meetings by:

(a) Writing, with a stamped, self-addressed return envelope, to:

Office of Legal Counsel

Ohio Lottery Commission

615 W. Superior Avenue

Cleveland, Ohio 44113-1879;"

(b) Calling the Office of Legal Counsel, Ohio lottery commission, at (216) 774-5597 during normal business hours; or

(c) Viewing the lottery's website.

(2) Any person may receive notice of the time, place and agenda of all regular and special meetings of the commission. The lottery shall maintain a list of all persons who have made written requests for such notification. Such notice shall be mailed or sent electronically no later than five calendar days prior to the date of the meeting.

(3) Any person who collects or disseminates news to the public and who requests general notice of regular and special meetings under paragraph (D)(2) of this rule may also receive notice of emergency meetings. Such notification shall include the time, place and purpose of the emergency meeting. It shall be given in person or by telephone to the representative designated under paragraph (D)(4) of this rule at least twenty-four hours before the time of the meeting. If that representative cannot be reached personally or by telephone, the notification shall be sent by telefax, overnight mail or electronically to said representative at least twenty-four hours before the time of the meeting.

(4) Requests for general notices of regular and special meetings of the commission under paragraph (D)(2) of this rule must be made in writing and must clearly state the address or electronic mailing address to which notices are to be mailed or sent electronically. If the person requesting such general notice is a corporation, partnership or other form of organization, its request shall specify the name or title of an individual representative to whose attention notices shall be directed. Only one notice of any given meeting will be mailed or sent electronically to any single organization.

(5) Requests from persons who collect or disseminate news to the public for notice of emergency meetings under paragraph (D)(3) of this rule shall state no more than two telephone numbers at which the representative of such person who is designated under paragraph (D)(4) of this rule to receive general notices may be reached for the purpose of receiving notices of emergency meetings.

(E) Notice of meetings to the commission and the director.

(1) Written notice of the time, place and agenda of any regular or special meeting shall be given to each commissioner and the director at least five days before the date of the meeting. Notice shall be deemed given on the day it is sent electronically to the person at the most recent electronic mail address or placed in the first class mail, postage prepaid, addressed to the person at the most recent postage address, in the records of the commission.

(2) Notice of the time, place and purpose of any emergency meeting shall be given to the commissioners and the director in person or by telephone at least twenty-four hours before the time of the meeting. If the person entitled to notice cannot be reached, notice shall also be given by telefax, overnight mail or electronically at least twenty-four hours before the time of the meeting.

(3) Notice of any meeting may be waived in writing by any person entitled to receive it under paragraph (D) of this rule at any time before or after a meeting.

(F) Procedures. Except as otherwise provided by these rules or a decision of the commission, meetings of the commission will be conducted in accordance with Robert's Rules of Order.

(G) Quorum: Voting. Five commissioners shall constitute a quorum for the transaction of any business at a meeting of the commission. Each commissioner present at a meeting, including the chairperson and vice chairperson, may make or second a motion, or call a question, and may vote on any question before the meeting.

R.C. 119.032 review dates: 05/15/2012 and 05/14/2017
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: 6/8/07

3770:1-5-05 The director of the state lottery.

(A) Executive officer of the state lottery. The director shall be the state lottery's executive officer and shall be responsible for keeping all state lottery records, for supervising and administering the state lottery in accordance with the Lottery Act and for carrying out all commission rules and orders, all duties assigned by the Lottery Act, and other such duties as the commission prescribes.

(B) Contracts. Pursuant to other provisions of law relating to public contracts, the director may enter into contracts for the operation or promotion of the state lottery, including, but not limited to, contracts with individuals or business organizations experienced in the design and operation of the state-administered lotteries of other states. No contract to which the Ohio lottery commission is a party shall be assigned by any party to it without the director's approval.

(C) Title. The director, but only the director, may use the title "executive director" in carrying out the duties of that position.

(D) Director to adopt regulations. In accordance with the Lottery Act and these rules, the director shall adopt and promulgate internal management regulations governing the operation and administration of the state lottery. The director's actions shall comport with the purposes of the Lottery Act, the rules of the commission, and the regulations of the director through management orders, regulations and directives.

(E) Delegation by the director. Insofar as is consistent with the Lottery Act and these rules, the director may delegate the performance of certain duties to the deputy directors and the employees of the state lottery.

R.C. 119.032 review dates: 05/15/2012 and 05/14/2017
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: 6/8/07

3770:1-5-06 Deputy directors.

(A) Appointment. The director shall appoint an assistant director and may appoint such deputy directors as necessary to carry out the state lottery's functions and duties. All deputy directors shall serve at the director's pleasure. All officers and employees appointed by the director shall be compensated pursuant to Chapter 124. of the Revised Code. Deputy directors shall perform such duties as are assigned to them by the director or the commission.

(B) The assistant director. The second officer of the state lottery, subordinate only to the director, shall be the assistant director, who shall be a deputy director.

(C) Qualifications. The assistant director shall meet all the qualifications required of the director and shall serve at the pleasure of the director.

(D) Duties.

(1) The assistant director shall devote full time to the duties of the office. Duties to be performed may be assigned by the director or the commission.

(2) The assistant director shall be familiar with all aspects of the conduct and operation of the state lottery. Except as otherwise requested by the commission, the assistant director shall attend all meetings of the commission. The assistant director shall confer regularly with the director and the commission when requested to do so.

(E) Absence or disability of the director.

(1) If the director is temporarily absent, the assistant director shall perform those ministerial duties of the director necessary to insure the uninterrupted operation of the state lottery.

(2) If the director, through death, disability or other cause, is unable to perform the duties of that office, the assistant director shall immediately inform the commissioners and then act in the director's place to perform the director's duties until a new director is appointed by the governor or until otherwise instructed by the commission.

(F) Actions for the director. Except for situations in which the Lottery Act or these rules intend that the director alone take a particular action, the assistant director may act for and in the place of the director when authorized to do so by the director or the commission.

R.C. 119.032 review dates: 02/16/2012 and 02/15/2017
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: 7/15/74, 8/12/74, 5/27/93, 12/27/96, 1/31/98, 7/19/02, 3/19/07

3770:1-5-07 Professional employees.

(A) Lottery offices. The state lottery will have a number of functional offices as deemed necessary by the director including, but not limited to marketing, operations, sales, finance, public relations, security, and administration. The deputy director of each office shall have a title to be determined by the director. Unless the director orders otherwise, each division will have a deputy director who reports to the director and shall perform such duties as may be assigned by the director or the commission.

(B) Duties. All professional employees other than the deputy directors shall report to the director or to supervisory employees designated by the director. They shall perform such duties as are assigned to them by the director or by such supervisory employees.

R.C. 119.032 review dates: 05/15/2012 and 05/14/2017
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: 6/8/07

3770:1-5-08 Technical and clerical employees.

The director may appoint such technical and clerical employees deemed necessary. These employees shall report to supervisory employees designated by the director and shall perform such duties as are assigned to them by the director or such supervisory employees. All such employees shall comply with the requirements of Sections 3770.02 and 3770.021 of the Lottery Act and shall be appointed and compensated pursuant to Chapter 124. of the Revised Code and shall serve at the director's pleasure.

R.C. 119.032 review dates: 11/23/2012 and 11/23/2017
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: 8/12/74, 5/27/93, 12/27/96, 6/8/07

3770:1-5-09 State lottery offices.

(A) Headquarters. The headquarters of the commission and the state lottery shall be located in Cleveland or suburb thereof. The director, all deputy directors, the bureau managers and such other employees as the director may determine shall be located in the headquarters office.

(B) Regions. Upon receiving the approval of the commission, the director shall divide the state into regions, each region to surround a major Ohio city, or in the case of a rurally situated region, a centrally located city. The director shall establish a state lottery regional office to be headquartered in each of these cities or suburb thereof, or in the case of a region that is rurally situated, in a city or municipality geographically centered within the region. The director shall appoint a regional manager in accordance with division (C)(1) of section 3770.02 of the Revised Code to head each such office. Each regional manager shall report to the director or office deputy director designated by the director, and shall be responsible for such duties within the region as the director or the designated office deputy director may assign.

(C) Addition or removal of regions. As it appears necessary or advisable, the director with commission approval, may establish additional regions, may remove regions or may change the headquarters city of a region.

R.C. 119.032 review dates: 11/23/2012 and 11/23/2017
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: 7/15/74, 8/12/74, 5/27/93, 12/27/96, 10/29/9, 7/19/02, 6/8/07

3770:1-5-10 Financial administration.

(A) Disbursement from the state lottery gross revenue fund. The state lottery gross revenue fund shall be in the custody of the treasurer of state for the use of the state lottery, and moneys shall be disbursed from it on the order of the office of budget and management, pursuant to vouchers or invoices signed by the director or the director's designee. The monies in the state lottery gross revenue fund shall be appropriated in the following order, and only for the following purposes:

(1) Payment of prize awards to holders of winning lottery tickets, including prizes awarded in any statewide joint lottery games offered by the commission, provided the total prize disbursements at the end of the fiscal year be of an amount equal to or greater than fifty per cent of lottery tickets sales;

(2) Payment of expenses incurred by the state lottery in the operation and promotion of the state lottery, including but not limited to, costs arising from contracts entered into by the director for promotional, consulting or operational services, salaries of professional, technical, and clerical assistants, and purchases or lease of lottery equipment and materials, and any expenses incurred from the operation of any statewide joint lottery games; and

(3) Transfer into the lottery profits education fund of all net revenues remaining in the state lottery fund, after the payments specified in paragraphs (A)(1) and (A)(2) of this rule.

(B) Other disbursements. Subject to any applicable provisions of law, vouchers authorizing disbursements from any funds in the custody of the treasurer of state for use by the state lottery shall only be made upon the director's own express written authorization. The director may designate individuals with authority to act as the director's signator when the director is unavailable to provide such express written authorization.

(C) Director to adopt procedures. The director shall adopt management orders, regulations or directives providing detailed financial procedures and controls. These shall include, without limitation, the manner in which expenses may be incurred and the manner in which all financial transactions are to be effected and recorded.

(D) Audits.

(1) The auditor of state shall conduct annual audits of all funds and such other audits as the auditor of state or general assembly considers necessary. In addition, the director shall provide for and conduct such audits or examinations of the operations of the state lottery, the sales representatives and the agents as deemed necessary. The director and the auditor of state may examine all records, files, and other documents of the commission, and such records of agents and sales representatives as pertain to their state lottery activities, for purposes of conducting authorized audits or examinations.

(2) The state lottery commission shall establish an internal audit program before the beginning of each fiscal year, subject to the approval of the auditor of state. At the end of each fiscal year, the commission shall prepare and submit an annual report to the auditor of state for the auditor of state's review and approval, specifying the internal audit work completed by the end of that fiscal year and reporting on compliance with the annual internal audit program. The form and content of the report shall be prescribed by the auditor of state under division (C) of section 117.20 of the Revised Code.

Effective: 07/21/2013
R.C. 119.032 review dates: 05/06/2013 and 07/21/2018
Promulgated Under: 119.03
Statutory Authority: 3770.03
Rule Amplifies: 3770.01 , 3770.02 , 3770.03 , 3770.05 , 3770.06 , 3770.07 , 3770.08
Prior Effective Dates: 7/15/74, 8/12/74, 5/27/93, 12/27/96, 3/25/02, 7/19/02, 6/8/07