CO Code § 44-40-104 (2021)
2021 Colorado Code|Title 44 - Revenue - Regulation of Activities|Article 40 - State Lottery Division|§ 44-40-104. Director - Qualifications - Powers and Duties

  The director shall be qualified by training and experience to direct a lottery and the work of the division; and, notwithstanding the provisions of section 24-5-101, shall be of good character and shall not have been convicted of any felony or gambling-related offense.    The director shall devote his or her entire time and attention to the duties of his or her office and shall not be engaged in any other profession or occupation.    The director may promote the lottery by:   Establishing promotional drawings. The general assembly hereby finds and declares that promotional drawings shall not be subject to regulation under this article 40. No award of prizes through a promotional drawing shall be deemed a lottery or game of chance.    Selling memorabilia or other promotional items. Any revenue generated from the sale of the items shall be transmitted to the state treasurer to be credited to the lottery fund created in section 44-40-111 (1).       The director, as administrative head of the division, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon the director elsewhere in this article 40, it shall be the director's duty:   To supervise and administer the operation of the lottery in accordance with the provisions of this article 40 and the rules of the commission, state fiscal rules, state personnel rules, and state procurement rules, to perform all duties and obligations pursuant to and administer any multistate agreements, and to provide for all expenses incurred in connection with any multistate agreements unless the expenses are otherwise provided for in the multistate agreements;    To attend meetings of the commission or to appoint a designee to attend in his or her place;    To employ and direct the personnel as may be necessary to carry out the purposes of this article 40, but no person shall be employed who has been convicted of a felony or gambling-related offense, notwithstanding the provisions of section 24-5-101. The director by agreement may secure and, pursuant to section 44-40-111 (2), provide payment for any services that the director may deem necessary from any department, agency, or unit of the state government and may employ and compensate consultants and technical assistants as may be required and as otherwise permitted by law. The director shall ensure that the division conducts full criminal background investigations of vendors, officers of licensed sales agents, members of the commission, and division employees as are necessary to ensure the security and integrity of the operation of the state lottery. The executive director may request the division of gaming to perform the investigations on members of the commission, division employees, and vendors.    To license, in accordance with the provisions of section 44-40-107 and the rules of the commission, as agents to sell lottery tickets persons that in his or her opinion will best serve the public convenience and promote the sale of tickets or shares;    To deny, suspend, or revoke any lottery license subject to the provisions of section 24-4-104. The director may designate an administrative law judge, pursuant to part 10 of article 30 of title 24, to take evidence and to make findings and report them to the director.    To confer, as necessary or desirable and not less than once each month, with the commission on the operation of the lottery;    To make available for inspection by the commission or any member of the commission, upon request, all books, records, files, and other information and documents of his or her office;    To advise the commission and recommend rules and other matters as he or she deems necessary and advisable to improve the operation of the lottery;    To make a continuous study and investigation of the operation and the administration of similar laws that may be in effect in other states or countries, any literature on the subject that from time to time may be published or available, and any federal laws that may affect the operation of the lottery, and the reaction of Colorado citizens to existing and potential features of the lottery with a view to recommending or effecting changes that will tend to serve the purposes of this article 40;    To take any action that may be necessary to protect the security and integrity of the lottery games;    To determine the manner of payment of prizes to the holders of winning tickets or shares, which determination shall include consideration of whether a prize should be awarded as a lump sum or as an amortized annuity in light of the “Internal Revenue Code of 1986”, as amended, and the rules promulgated pursuant thereto;    To determine any other matters that are necessary or desirable for the efficient and economical operation and administration of the lottery; and    To perform any other lawful acts that he or she and the commission may consider necessary or desirable to carry out the purposes and provisions of this article 40.        History. Source: L. 2018: Entire article added with relocations,(HB 18-1027), ch. 31, p. 336, § 2, effective October 1.    Editor's note:   This section is similar to former § 24-35-204 as it existed prior to 2018.   ANNOTATION   Exhaustion of administrative remedies was not required by this section with respect to plaintiff's claims that lottery division and lottery commission knew that the last grand prize for a particular scratch game had been claimed, continued to sell tickets for the scratch game, did not inform potential ticket purchasers that the grand prize was no longer available, and continued to represent the availability of the grand prize. Subsections (3)(m) and (3)(o) are general in nature and did not establish that plaintiff's claims, if true, would constitute lottery statute violations for which plaintiff could seek administrative remedies. Bazemore v. Colo. State Lottery Div., 64 P.3d 876 (Colo. App. 2002) (decided under former § 24-35-204 ).