justicedao/ipfs_state_laws huggingface dataset:
173-009-0005 Cash Contributions Only For all Network Plans, contributions to an account shall be made in cash only. Cash includes checks, electronic funds transfers, and such other methods as the board determines and as permitted under applicable law. Cash does not include securities, property or credit card charges. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.841 - 348.873 History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 1-2001, f. & cert. ef. 1-2-01
173-009-0010 Rollover Contributions (1) Any person who is an account owner under another qualified tuition program or qualified ABLE program may rollover, subject to the Code, the Act and the terms of such other qualified tuition program or qualified ABLE program, all or part of the funds from an account in such other qualified tuition program or qualified ABLE program to an account in the appropriate network plan. (2) For a College Savings Plan, the board also may permit a rollover contribution from a Coverdell education savings account described by Section 530 of the Code, a qualified U.S. savings bond described by Section 135 of the Code, or such other account(s) as may be permitted from time to time under section 529 of the Code. (3) In order to set up a new account in which to deposit a qualified rollover contribution from an account in another qualified tuition program or qualified ABLE program, or such other account(s) as may be permitted from time to time under the Code, an applicant must, in addition to complying with the requirements of OAR 173-008, submit to the appropriate plan such information as the board may from time to time require, including the amount of the rollover contribution which is attributable to earnings on such contribution. In the case of a rollover contribution made directly from another qualified tuition program or qualified ABLE program, information regarding the earnings portion of the contribution may be provided directly by the distributing qualified tuition program or qualified ABLE program. (4) The entire amount of a rollover contribution is counted for purposes of calculating the total account balance of all accounts for a designated beneficiary. If such rollover contribution causes the total account balance of all accounts in the network for a designated beneficiary to exceed the maximum limit established by the board pursuant to OAR 173-009-0015, the excess funds, or if required by the appropriate plan, the entire rollover contribution, shall be returned. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-009-0015 Maximum Contribution Limit (1) Additional contributions to an account for a designated beneficiary are prohibited when the total account balance for all accounts for that designated beneficiary under the network exceeds the amount established by the Board as required by and in accordance with the Code. (2) For the ABLE Plan, additional contributions to an account for a designated beneficiary are prohibited when the total annual contributions for that designated beneficiary exceeds the amount established by the Board as required by and in accordance with the Code. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.857(4) & 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-010-0000 Distribution Request (1) For a College Savings Plan, only the account owner may request a distribution of funds (whether for a qualified withdrawal, a nonqualified withdrawal, or otherwise) from an account by submitting to the appropriate plan a completed distribution request form (or following such other procedures as are permitted under the appropriate plan) and such other information as from time to time is required by such plan. (2) For the ABLE Plan, an agent under power of attorney, a parent or legal guardian may request a distribution of funds (whether for a qualified withdrawal, a nonqualified withdrawal, or otherwise) from an account by submitting to the appropriate plan a completed distribution request form (or following such other procedures as are permitted under the appropriate plan) and such other information as from time to time is required by such plan. (3) A distribution from a network plan shall be subject to any applicable state and federal taxes. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.870(1) & 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-010-0025 Rollover Distribution and Fund Transfers Rollovers and transfers within the network will be permitted only to the extent permitted by the Code. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.867(2) & 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-011-0000 Termination of an Account (1) For all Network Plans, the account owner may terminate an account at any time. The board may terminate an account in accordance with the provisions of the participation agreement or in accordance with the Act or OAR chapter 173. If the board determines that an account owner or a designated beneficiary has provided false or misleading information to the board or a higher education institution with respect to an account or has acted in a manner that adversely affects the integrity of the network or a plan, the board may terminate the account. The remaining account balance will be distributed to the account owner, and the contributions and earnings thereon may be subject to federal and any applicable state income tax. (2) The board may terminate an account in accordance with the provisions of the participation agreement or in accordance with the Act or OAR chapter 173 if the account balance drops below a point at which there are insufficient funds to cover the appropriate account fees, or a level at which determined by the board. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.841(9), 348.870(3) & 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-012-0000 Board Administration Fees For all Network Plans, the board may charge fees to account owners in order to pay for the board's and the network’s administrative expenses. Fees shall be collected on a predetermined basis and be paid to the board and the network. The board may from time to time review and adjust fees. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.857(6) & 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-012-0005 Other Fees The plan manager for each network plan may charge such fees as are agreed to between the plan manager and the board, which fees may be payable by the account owners or from the assets of the appropriate plan. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.857(6) & 348.853(2) History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-014-0000 Investment Policies The Board shall establish investment policies for the Network Plans. These policies shall be reviewed, and may be modified, from time to time as the Board, in its sole discretion, determines. Any change to a plan’s investment policy shall apply prospectively. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.841 - 348.873 History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 1-2001, f. & cert. ef. 1-2-01
173-014-0005 Reassignment of Accounts under the Age-Based and Years-to-College Investment Options For all Network Plans, investment direction by the account owner or designated beneficiary of an account is prohibited unless otherwise permitted by the Code. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.841 - 348.873 History: QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02 QTSB 1-2001, f. & cert. ef. 1-2-01
173-014-0010 Investment Direction Investment direction by the account owner or designated beneficiary of an account is prohibited unless otherwise permitted by section 529. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.841 - 348.873 History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
173-015-0010 Confidentiality Individual account information, including, but not limited to, names, addresses, telephone numbers, personal identification information, amounts contributed and earnings on amounts contributed, shall be maintained as confidential, and may be disclosed only as needed to administer the network consistent with the Act, the Code and Oregon tax laws or unless the person providing the information or who is the subject of the information executes and delivers to the appropriate plan its written consent to disclosure. This consent shall be in form and substance satisfactory to the board. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.853(2) History: QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10 QTSB 3-2002, f. & cert. ef. 10-29-02 QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
173-016-0010 Waivers The executive director may waive non statutory requirements of OAR chapter 173 if such a waiver would serve the best interests of the network and the board and would not violate the Code. Statutory/Other Authority: ORS 348.853(2) Statutes/Other Implemented: ORS 348.841 - 348.873 History: OSB 1-2016, f. & cert. ef. 7-28-16 QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10 QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
177-010-0000 General (1) Applicability: Unless the context requires otherwise, the definitions contained in this division are generally applicable throughout OAR chapter 177. Specific divisions may contain the definitions of words specific to that division. In the event of a conflict, the definition in the specific division controls the usage of the word in that division. (2) Headings: Where headings are used throughout OAR chapter 177, they are for the convenience of the user only and are of no substantive effect. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.020 History: LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LC 4-1990, f. & cert. ef. 4-3-90 SLC 8-1985, f. & ef. 6-21-85
177-010-0007 Notice of Proposed Rules Prior to the adoption, amendment, or repeal of any rule, other than a temporary rule which is adopted in accordance with ORS 183.335(5), the Lottery Director shall give notice of the intended action: (1) SOS Bulletin: In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action; (2) Mailing: By mailing, electronic mailing, or delivering a copy of the notice at least 28 days before the effective date of the intended action to persons on the Lottery Director’s mailing list established pursuant to ORS 183.335(8) and at least 49 days before the effective date of the intended action to the persons specified in ORS 183.335(15); (3) Press Room: By delivering sufficient copies of the notice to the Capitol Press Room to provide one copy to each member of the press that maintains a mail receptacle there at least 28 days before the effective date of the intended action; and (4) Commission Agenda: By listing any rule to be adopted, amended, or repealed on the agenda for the Commission’s monthly meeting. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.120(2) History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LOTT 2-1998, f. & cert. ef. 5-28-98 LC 5-1990, f. & cert. ef. 4-3-90
177-010-0009 Model Rules of Procedure Pursuant to the Oregon Administrative Procedures Act, the Oregon State Lottery adopts the following divisions of Attorney General Model Rules of Procedure in OAR chapter 137: (1) Division 1 Model Rules for Rulemaking in effect on June 30, 2008. (2) Division 2 Model Rules for Agency Declaratory Rulings in effect on June 30, 2008. (3) Division 5 Collaborative Dispute Resolution Model Rules in effect on November 13, 2018, including, but not limited to, rules on confidentiality and inadmissibility of mediation communications. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or upon request to the Lottery.] Statutory/Other Authority: OR Const. Art. XV § 4(4)(a), ORS 36.224, 183.341, 183.502 & 461.120 Statutes/Other Implemented: OR Const. Art. XV § 4(4), ORS 36.224, 183.335, 183.341, 183.390, 183.410, 183.502, 461.100, 461.120 & 461.150 History: LOTT 2-2021, amend filed 04/19/2021, effective 04/20/2021 LOTT 4-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LOTT 2-1998, f. & cert. ef. 5-28-98 LC 6-1993, f. & cert. ef. 7-2-93 LC 5-1990, f. & cert. ef. 4-3-90
177-010-0025 Director of the Oregon State Lottery (1) General: The Director shall implement and execute the rules and policies adopted by the Commission, and may adopt such internal operating policies and procedures as the Director may deem appropriate, to promote and insure the integrity, security, honesty, fairness, and efficient administration of the Lottery. (2) Assistant Directors: The Commission delegates the authority to the Director to discipline, and/or terminate, with or without cause, any or all of the assistant directors at any time. The decision of the Director to discipline and/or terminate an assistant director is final. (3) Personnel Policies and Procedures: Except for approving the salaries of the Director and the assistant directors, including cost-of-living adjustments, the Director shall have the authority to establish and implement personnel policies and procedures pertaining to the employment, termination, and compensation of all Lottery staff. Such policies and procedures shall conform to generally accepted personnel practices based upon merit principles. (4) Temporary Administrative Rules: The Director shall have the authority to adopt temporary administrative rules in accordance with the procedures set forth in ORS 183.335(5) and (6) upon the Director’s signature. (5) Miscellaneous: The duties and responsibilities of operating a lottery which are not otherwise specified in law, including, but not limited to, statutes and administrative rules, are reserved to the Director subject to review and approval by the Commission. Statutory/Other Authority: OR Const. Art. XV § 4(4)(a), ORS 183.325, 461.120 & 461.130 Statutes/Other Implemented: OR Const. Art. XV § 4(4), ORS 183.325, 461.120, 461.130, 461.150 & 461.170 History: LOTT 5-2021, amend filed 07/01/2021, effective 07/01/2021 LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LC 4-1990, f. & cert. ef. 4-3-90 SLC 19-1986, f. & ef. 7-29-86 SLC 13-1986(Temp), f. & ef. 6-13-86
177-010-0045 Contingency Reserve The money allotted to the Lottery’s contingency reserve fund may include amounts retained to fund specific future expenses or may be for undesignated purposes. The Lottery shall not include contingency reserve expenditures in its calculation of the total annual revenues allocated for administrative expenses. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.510 History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 SLC 8-1985, f. & ef. 6-21-85
177-010-0050 Merchandise Prizes In the exercise of the Director’s discretion, the Director may pay the cash value of any merchandise prize in lieu of that prize. The cash value of a merchandise prize is the amount that the Lottery paid for the merchandise. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.230 History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LC 4-1990, f. & cert. ef. 4-3-90 SLC 9-1986, f. & ef. 5-28-86
177-010-0080 Sale of Tickets and Shares (1) Sales by Retailers: The Director shall contract with retailers for the sale of Lottery tickets and shares. The contract shall include the terms and conditions and incorporate by reference the rules applicable to the sale of all Lottery tickets and shares sold by the retailer. (2) Sales by the Lottery: The Director may develop procedures for the sale of Lottery tickets and shares directly to the public. The procedures shall contain measures to ensure the accountability and security of all tickets and shares sold to the public by Lottery employees. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.260 History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LC 6-1993, f. & cert. ef. 7-2-93 LC 12-1990, f. & cert. ef. 10-2-90
177-010-0085 Unclaimed Prize Money (1) A prize not validly claimed within the period specified for claiming a prize in any lottery game shall remain the property of the Commission and shall be allocated to the benefit of the public purpose. The Lottery shall transfer unclaimed prize money when it transfers proceeds allocated to the public purpose. (2) The Commission delegates to the Director or the Director’s designee the authority to set a time period that is shorter than one year to claim prizes in any Lottery game. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.250 History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 21-2002, f. & cert. ef. 11-25-02 LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03 LC 2-1995, f. 4-27-95, cert. ef. 5-1-95
177-010-0090 Child Support Validation Check The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600: (1) Database: Lottery information systems personnel shall work with the Division of Child Support of the Department of Justice (DOJ) to maintain a current database on the Lottery’s central computer system containing the names and social security numbers of obligors who are delinquent in paying child support obligations. (2) Searching the Database: The Lottery shall enter a prize claimant’s name, address, date-of-birth, and social security number into the Lottery’s central computer system. The computer shall search the database containing the names of the delinquent child support obligors for a possible match. (3) 30 Day Hold: When a claimant is listed in the database and a possible match is found, the Lottery will confirm the match with DOJ. If DOJ responds with a confirmation that the claimant is delinquent on child support payments, the Lottery will place a 30-day hold on any payment to the claimant pending initiation of garnishment proceedings. The Lottery will inform the claimant of the hold, immediately notify DOJ by telephone that the Lottery has placed the hold on the prize payment, and transmit a facsimile copy of supporting information to DOJ. (4) Garnishment: If a garnishment proceeding is initiated within the 30-day hold period, the Lottery shall make payment to DOJ when the garnishment is received. If the prize claim exceeds the amount of the garnishment, the Lottery will pay the claimant the balance remaining after deduction of the garnishment and applicable taxes. If the garnishment exceeds the amount of the prize claim, the Lottery will inform the claimant that the entire amount of the prize claim was used to respond to the garnishment. (5) Payment of Prize: If a garnishment proceeding is not initiated within the 30-day hold period, the Lottery will make payment on the prize to the claimant at the end of the 30 day hold period or when DOJ notifies the Lottery that a garnishment proceeding will not be initiated, whichever is sooner. (6) Voluntary Release: Nothing in this section is intended to prevent a prize claimant from voluntarily releasing payment of all or any portion of the claimant’s prize towards payment of the claimant’s delinquent child support obligations. Statutory/Other Authority: OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.715 History: LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08 LOTT 20-2002, f. & cert. ef. 9-30-02 LOTT 8-2002(Temp), f. & cert. ef. 7-15-02 thru 1-3-03 LC 6-1992, f. & cert. ef. 6-23-92