reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.12 - Stolen tickets

Current through Vol. 24-12, July 15, 2024
Rule 12. A retailer is responsible for all tickets consigned
				  to him or her. If tickets are stolen, then the retailer shall report the theft
				  to the bureau and to local or state police authorities. The retailer shall pay
				  for the stolen tickets on the settlement date. The retailer shall subsequently
				  file a statement swearing to or affirming, under the penalty of perjury, the
				  facts of the case. The retailer shall furnish to the bureau a copy of the
				  police report covering the theft. Following an investigation by the bureau and
				  police authorities, the bureau may issue a refund to the retailer. Refunds may
				  only be issued if losses to the bureau have been mitigated by retailer's
				  actions in reporting the tickets stolen and the retailer's appropriate
				  accounting of the tickets stolen.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.13 - Sale; inspection; commission; bonus programs; depositories; tickets held in trust for benefit of the bureau; disqualification of retailer representative; direct ticket distribution to retailers

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				retailer shall sell tickets only on the premises at the specific location named
				in the license or attachments to the license.
(2) A retailer shall allow inspections of his
				or her premises at any time upon the reasonable request of authorized
				inspectors of the bureau. A bureau inspector may make an inspection without
				prior notice to the retailer.
(3) A
				retailer is entitled to a commission for tickets sold by him or her in an
				amount to be determined by the commissioner. The commissioner shall announce
				changes in the commission amount not less than 60 days before the effective
				date and shall include the changes in a written communication issued to all
				retailers.
(4) The commissioner
				shall provide details of any bonus program for retailers in a written
				communication issued to all retailers.
(5) A retailer shall deposit, in a manner
				specified by the commissioner for collection by the state, all moneys received
				by the retailer from the sale of tickets, less the amount retained as
				compensation. The retailer shall file with the bureau, or its designated
				agents, reports of ticket sale receipts and transactions. The bureau shall
				specify the form of the reports and the information required. In preparing a
				report, a retailer shall refer to directives and instructions to authorized
				retailers made available by the bureau.
(6) Until such time as payment has been
				received by the bureau, all lottery tickets made available to a retailer and
				any net ticket proceeds shall be deemed to be held in trust for the benefit of
				the bureau.
(7) The bureau may
				disqualify any person authorized by the licensed retailer as the retailer's
				representative.
(8) The bureau may
				distribute tickets directly to retailers if, in the commissioner's opinion, it
				is necessary to maintain continued sales activity.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.15 - Lottery tickets

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) The
				bureau shall prepare tickets for sale to the public. The commissioner shall
				determine the price of a ticket and shall announce the price by directives,
				advertising, and other means calculated to give reasonable notice to the
				public.
(2) The commissioner may
				limit wagering on any particular number or combination of numbers when he or
				she determines it is in the best interest of the bureau and the state of
				Michigan.
(3) When a lottery ticket
				is purchased, the purchaser accepts the terms of the lottery ticket contract.
				Each lottery ticket provides that all ticket transactions and claims are
				subject to the laws of the state of Michigan, the rules, regulations, all
				directives of the Michigan lottery, and any subsequent changes. In questions
				involving ticket validation, the commissioner's determination is final. In
				cases of dispute for any reason, the commissioner may at his or her sole
				discretion, replace the disputed ticket with an unplayed ticket of equal value
				or refund the retail sales price. The commissioner's decision to replace or
				refund the ticket is the purchaser's exclusive remedy. The rules governing a
				particular lottery game are set forth in bureau of state lottery directives.
				The directives govern the terms and conditions of play.
(4) The sale of a valid lottery ticket is
				final and a retailer shall not accept ticket returns.
(5) The retailer will be responsible for
				remitting the balance owed for tickets that are not accounted for by a retailer
				in a manner as directed by the commissioner.
(6) The commissioner shall establish a
				procedure for the disposition of unsold tickets.
(7) A retailer shall return tickets printed
				in error or damaged in any way by the bureau to the bureau for
				credit.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.16 - Claiming of prizes

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) The
				commissioner shall designate claim centers for the lottery program and
				advertise their locations.
(2) The
				processing of winning tickets must be in accordance with directives and
				instructions issued by the commissioner. If a special drawoff is required to
				determine the exact amount won, then the bureau shall notify the claimant when
				and where to appear for the drawoff and where to present his or her winning
				ticket for validation.
(3)
				Mutilated tickets shall be validated only if adequate portions of the ticket
				remain reasonably intact to ensure the authenticity of the ticket.
(4) A claimant shall fill out a claim form,
				present the form with the winning ticket, and receive a copy of the claim form
				as his or her receipt.
(5) A
				winning ticket may only be claimed by a natural person. Annuitized prize
				payments may be assigned to a person or entity in accordance with section 25 of
				the act.
(6) Upon validation of a
				winning ticket, payment of the amount due shall be forwarded to the claimant in
				accordance with bureau procedures. If a claim is not validated as proper, then
				the bureau shall deny the claim and promptly notify the claimant.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.17 - Ownership of lottery tickets

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A valid
				lottery ticket that has been sold by a licensed retailer is presumed to be
				owned by the person whose name is entered on the claim form, notwithstanding
				that the name of another person may appear on the ticket face or reverse side.
				Except as provided in subrule (2) of this rule, the bureau shall pay a prize to
				the person whose name is entered on the claim form or present the prize to a
				third party who is authorized, in writing, as the claimant's representative.
				All liability of the bureau, the state, their employees and agents terminates
				upon payment.
(2) Upon receipt of
				information supported by proper evidence that another person is entitled to
				payment, or upon assertion that the ticket was not legally issued initially,
				the commissioner may withhold payment pending an investigation. If the
				ownership of a winning lottery ticket is disputed and the results of the
				commissioner's investigation are inconclusive, then the commissioner may
				initiate an appropriate judicial proceeding to determine ownership.
(3) The claimant of a lottery prize shall not
				assign or sell his or her right to any prize except as provided for by law. The
				commissioner shall develop policies, procedures, and fee schedules for the
				disposition of a claimant's rights to future payments.
(4) The prize for a winning ticket must be
				claimed by the expiration date printed, or as defined, on the ticket.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.18 - Payment of prizes

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) The
				bureau shall make payment of prizes as soon as reasonably possible after the
				claim has been filed, verified, and the claimant identified to the satisfaction
				of the commissioner.
(2) The
				commissioner shall establish a schedule for payment of certain major prizes in
				installments rather than a lump sum.
(3) The bureau shall make payment of prizes
				by mail, when applicable, to the claimant at the address that the claimant
				entered on the claim form.
(4) When
				a drawing or ceremony is conducted, winners shall receive payment in full, or
				if applicable, the first installment of a prize, at an appointment scheduled
				with the bureau as soon as practicable after the drawing. The bureau shall make
				payment by state treasurer's warrant, special check, or in any other manner
				determined by the commissioner in advance of the drawing.
(5) The agents, officers, and employees of
				the state and the bureau are discharged of all liability upon payment of a
				prize to a claimant.
(6) Upon the
				death of a prize winner who has not yet collected the full amount of his or her
				minimum guaranteed prize, the bureau shall continue payment in the manner
				specified by law. Unless specifically provided for by law, the bureau shall not
				accelerate payment of prize money before its normal date of payment because of
				the death of the prize winner. The amount paid will not exceed the minimum
				prize guarantee as indicated in the game directive.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.20 - Drawings

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) The
				commissioner shall detail the types of drawings and drawing procedures in a
				directive. All drawings shall be conducted in a public place and the selection
				of winners shall be based on chance. The commissioner shall include any new
				drawings or changes in drawing procedures in the directives or directive
				amendments. The commissioner shall make every attempt to keep the public
				informed of drawing procedures and changes in the procedures.
(2) The bureau shall provide that all
				drawings to determine the awarding of prizes are open to the public. The bureau
				shall make the time and place of drawings known to the public in advance to the
				extent practicable.
(3) The bureau
				shall disseminate information regarding the time and place of future drawings,
				the winning numbers in previous drawings, and other information of public
				interest, including descriptive information regarding current games, to
				retailers, interested parties, and the public through brochures, pamphlets,
				newsletters, reports, and other means to the extent practicable.
(4) If the number of contestants in a drawing
				is variable, then the commissioner may limit the number of contestants in any
				particular drawing for administrative or practical reasons.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.21 - Prize structure

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) The
				prize structure shall be determined by the commissioner from time to time and
				shall be consistent with the act. Every attempt shall be made to inform the
				public, retailers, and interested parties of the existing prize structure of
				any lottery game, and reasonable notice shall be given before any changes in
				the prize structure. When possible, the current prize structure shall be listed
				on the ticket itself or in informational materials available at sales
				locations.
(2) Periodic bonus
				promotions offering special prizes shall be detailed in special directives.
				Information regarding bonuses shall be disseminated to the extent possible
				through the news media, advertising, point of sale materials and other
				practicable means. The time of announcement of promotions shall be determined
				by the commissioner.
(3) The
				commissioner may award prizes of cash or merchandise as door prizes at drawings
				or special events. Numbers shall be drawn at random to determine door prize
				winners according to procedures determined by the commissioner from time to
				time and announced in appropriate directives.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.36 - Retailer performance requirements and terms and conditions; disciplinary action; conference

Current through Vol. 24-12, July 15, 2024
Rule 36.
(1) A
				licensee does not have a property interest in the license granted or the
				on-line lottery terminal.
(2) The
				commissioner shall establish and provide advance written notice of retailer
				performance requirements and specific terms and conditions to assure the
				efficient and effective functioning of the bureau, maintain the bureau's
				security and integrity, and assure compliance with the act, these rules,
				contracts with retailers, directives, and other written communications with
				retailers. The performance requirements and terms and conditions include all of
				the following:
(a) The weekly minimum sales
				performance requirement for total game sales shall not be more than a $4,000.00
				weekly average.
(b) Reporting
				changes in ownership and location.
(c) Continued terminal operation.
(d) In-store location, installation, and
				operation of a terminal.
(e)
				Promotion and marketing requirements, including the use of promotional
				materials.
(f) Requirements for the
				prompt settlement of funds due the bureau for lottery sales or other
				fees.
(g) Hours of operation,
				customer service requirements, claims processing, and redemption of winning
				tickets.
(h) Attendance at training
				sessions.
(i) Compliance with
				federal, state, and local laws, rules, and regulations.
(j) Prohibiting participation as a retailer
				for other lotteries.
(k)
				Requirements necessary to assure compliance with the act and these rules and to
				assure the security, integrity, and efficient and effective operation of the
				bureau.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Lottery Rules › Section R. 432.37 - Fees

Current through Vol. 24-12, July 15, 2024
Rule 37
(1) The
				commissioner shall establish fees for all of the following:
(a) The processing and investigative costs of
				licensing retailers.
(b)
				Communications system installation, or relocation, or operation.
(c) Failure of a retailer to promptly settle
				for any game as required by bureau rules, contracts, directives, or written
				communications.
(d) Inactive
				license status.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
				  used in the act:
(a) "Bona fide member" means
				  a member, according to an organization's established membership criteria, who
				  participates in the organization to further its lawful purposes.
(b) "Charitable purpose" means 1 or more of
				  the following causes, deeds, or activities that are beneficial to the general
				  public:
(i) Relief of poverty.
(ii) Advancement of education.
(iii) Advancement of religion.
(iv) Protection of health or relief from
				  disease, suffering, or distress.
(v) Advancement of civic, governmental, or
				  municipal purposes.
(vi) Protection
				  of the environment and conservation of wildlife.
(vii) Defense of human rights and the
				  elimination of prejudice and discrimination.
(viii) Any other purpose that the
				  commissioner determines to be beneficial to the general public.
(c) "Day" means the standard
				  24-hour period, except when referring to the issuance of licenses, when it
				  means the time period from 8 a.m. of 1 day to 2 a.m. of the following
				  day.
(d) "Lawful purpose" means 1
				  or more of the authorized purposes stated in a qualified organization's written
				  bylaws, constitution, charter, or articles of incorporation and is on file with
				  the bureau.
(e) "Licensee" means a
				  qualified organization issued a license to conduct a large bingo, small bingo,
				  special bingo, large raffle, small raffle, annual charity game ticket, special
				  charity game ticket, or numeral game, or an organization or persons licensed
				  under section 4a(2) or 4a(3) of the act. Licensee also means a hall, supplier,
				  or manufacturer licensed under the act.
(f) "Raffle" means an event for which raffle
				  tickets are sold and at which a winner or winners are determined either by
				  randomly selecting stubs from all the raffle tickets sold for an event or by an
				  alternative method that is approved in writing by the bureau, and at which a
				  preannounced prize is awarded.
(g)
				  "Retail value" or "market value" means the price that a merchandise item can be
				  normally found at a retail outlet for purchase. For merchandise items that are
				  not normally sold through retail outlets, it is the price at which the item
				  sells for in the secondary market or the price that a reasonable seller would
				  ask and that a reasonable purchaser would pay for the merchandise
				  item.
(h) "Single gathering" means
				  1 scheduled assembly or meeting with a specified beginning and ending time that
				  is conducted or sponsored by the qualified organization. Single gathering does
				  not include the regular operating hours of a club or similar facility and does
				  not include a meeting conducted solely for the purpose of conducting a
				  raffle.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21102 - Principal officer responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 102. The principal officer of a qualified organization
					 shall be responsible for all of the following:
(a) Ensuring that there is full
				  accountability for all gaming assets including, but not limited to, cash,
				  prizes, bingo cards, raffle tickets, charity game tickets, numeral game
				  tickets, and all funds derived from the licensed gaming event.
(b) Ensuring that the licensed gaming event
				  is conducted in accordance with the act, these rules, terms of probation, and
				  directives of the bureau.
(c)
				  Ensuring that all records related to the licensed gaming event are current and
				  accurate.
(d) Reviewing all reports
				  and correspondence from the bureau.
(e) Signing and ensuring that financial
				  statements from the licensed gaming event are submitted to the bureau as
				  prescribed by R 432.21335, R 432.21522, R 432.21624, and R 432.21721.
(f) Responding in writing to violation
				  notices as prescribed by R 432.21106(2).
(g) Ensuring that all workers are qualified
				  to work the licensed gaming event.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21103 - Compliance with other laws, regulations, and ordinances

Current through Vol. 24-12, July 15, 2024
Rule 103. A licensee or lessor shall comply with public
					 policy of the state of Michigan and any other local, state, or federal law or
					 regulation.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21104 - Permanent dissolution; utilization of assets; report

Current through Vol. 24-12, July 15, 2024
Rule 104. Upon permanent dissolution of a qualified
					 organization, all assets, real property, and personal property shall be
					 utilized for the lawful purposes as stated in the qualified organization's
					 bylaws, constitution, charter, or articles of incorporation that are filed with
					 the bureau as prescribed by R 432.21202 and shall not be distributed to any
					 private individual or shareholder. All remaining assets upon dissolution shall
					 be distributed to the local government or another nonprofit organization as
					 stated in the qualified organization's bylaws, constitution, charter, or
					 articles of incorporation. The disbursement of remaining assets shall be
					 reported to the bureau in writing.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21105 - Restricted use of profits

Current through Vol. 24-12, July 15, 2024
Rule 105. Profits from the licensed gaming event shall not
					 be used for the benefit of any individual, member, or shareholder of the
					 qualified organization except to directly further the lawful purposes of the
					 qualified organization.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21106 - Violation notice

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) The
				  bureau, at its discretion, may issue a violation notice to a licensee for
				  failure to maintain compliance with the act, these rules, terms of probation,
				  directives of the bureau, public policy of the state of Michigan, or any other
				  local, state, or federal law or regulation.
(2) The licensee shall respond to the
				  violation notice in writing within the time period specified in the notice and
				  shall inform the bureau what action has been taken to correct the violation
				  cited. The response shall be signed by the principal officer of the qualified
				  organization or the owner or top officer of the licensed supplier, licensed
				  manufacturer, or licensed hall cited for the violation.
(3) The bureau, at its discretion, may
				  initiate further administrative action if a response to the notice is not
				  received or the response does not resolve the violation.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21107 - Informal meeting

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1) The
				  bureau, at its discretion, may require the principal officer of the qualified
				  organization, or the owner or top officer of the licensed supplier, licensed
				  manufacturer, licensed hall, or lessor to attend an informal meeting to discuss
				  violations of the act, these rules, terms of probation, directives of the
				  bureau, public policy of the state of Michigan, or any other local, state, or
				  federal law or regulation. The purpose of this meeting shall be to assist the
				  licensee or lessor in gaining compliance with the act, these rules, terms of
				  probation, directives of the bureau, public policy of the state of Michigan, or
				  any other local, state, or federal law or regulation.
(2) A licensee or lessor may agree to be
				  placed on probation as a result of the meeting described in subrule (1) of this
				  rule.
(3) The meeting described in
				  subrule (1) of this rule is held to forestall the need to take further action,
				  up to and including the conduct of a contested case hearing.
(4) The meeting described in subrule (1) of
				  this rule is not required if in the opinion of the bureau the violations of the
				  act, these rules, terms of probation, directives of the bureau, public policy
				  of the state of Michigan, or any other local, state, or federal law or
				  regulation warrants action prescribed by R 432.21109 to R 432.21111.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21108 - Probation

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1) The
				  commissioner may place a licensee on probation or may condition the renewal of
				  a license with terms of probation when the licensee has violated the act, these
				  rules, terms of probation, directives of the bureau, public policy of the state
				  of Michigan, or any other local, state, or federal law or regulation.
(2) The continuation of the probationary
				  license is conditioned upon the strict compliance with the act, these rules,
				  terms of probation, directives of the bureau, public policy of the state of
				  Michigan, or any other local, state, or federal law or regulation.
(3) It is a probation violation if the
				  licensee fails to comply with the act, these rules, terms of probation,
				  directives of the bureau, public policy of the state of Michigan, or any other
				  local, state, or federal law or regulation.
(4) The commissioner may summarily suspend a
				  probationary license if the licensee violates the act, these rules, terms of
				  probation, directives of the bureau, public policy of the state of Michigan, or
				  any other local, state, or federal law or regulation as prescribed by R
				  432.21111.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21109 - License denial

Current through Vol. 24-12, July 15, 2024
Rule 109.
(1) If
				  the bureau determines that an applicant, who does not hold a license for which
				  the applicant is applying, is not in compliance with the act, these rules,
				  terms of probation for another license, directives of the bureau, public policy
				  of the state of Michigan, or any other local, state, or federal law or
				  regulation, then the commissioner may refuse to issue a license to the
				  applicant.
(2) The submission of a
				  check in payment of a fee that is not paid by the financial institution on
				  which it is drawn shall be grounds for immediate denial of an application for a
				  license.
(3) If the bureau
				  determines that a lessor of a location to be used for the conduct of a special
				  bingo, large raffle, small raffle, special charity game ticket, or numeral game
				  is not in compliance with the requirements of the act, these rules, terms of
				  probation, directives of the bureau, public policy of the state of Michigan, or
				  any other local, state, or federal law or regulation, then the commissioner may
				  refuse to issue a license to a qualified organization applying to conduct the
				  licensed gaming event at that lessor's facility.
(4) A denial under this rule may be appealed
				  under section 631 of 1961 PA 236, MCL 600.631.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21111 - Summary suspension proceedings

Current through Vol. 24-12, July 15, 2024
Rule 111.
(1) To
				  advance the public policy of prohibition against all gambling activities not
				  conducted in strict conformance with expressed legislative exceptions,
				  including the regulatory framework established by the act, the commissioner may
				  summarily order the suspension of a license as provided by section 16(1) of the
				  act and in accordance with section 92 of the Administrative Procedures Act,
				  upon a determination that any 1 or more of the following circumstances exist:
(a) The licensee has obtained the license by
				  fraud, misrepresentation, or concealment.
(b) The decision to issue the license was a
				  product of a material mistake of law or fact.
(c) The licensee or lessor has engaged in an
				  act, practice, or course of conduct that would operate as a fraud or deceit on
				  a person or persons, or has employed a device, scheme, or artifice to defraud a
				  person or persons.
(d) The licensee
				  or lessor has repeatedly violated, or repeatedly failed or refused to comply
				  with, any of the provisions, requirements, limitations, or duties imposed by
				  the act, these rules, terms of probation, directives of the bureau, public
				  policy of the state of Michigan, or any other local, state, or federal law or
				  regulation after having been previously notified by the bureau that a violation
				  or violations of the same or similar provisions had been, or were being,
				  committed by the licensee or lessor.
(e) The licensee, lessor, or any owner,
				  shareholder of the privately held corporation, partner, officer, or agent of
				  the licensee has been charged with or convicted of a violation of the
				  act.
(f) The licensee or lessor has
				  or there is reasonable cause to believe the licensee or lessor engaged in
				  illegal gambling, or a fraud or larceny offense.
(g) That the immediate cessation of the
				  licensed gaming event by the licensee is necessary for the protection or
				  preservation of the welfare of the community within which these activities are
				  being conducted, or for the protection or preservation of public policy of the
				  state of Michigan, or any other local, state, or federal law or regulation
				  respecting unlawful gaming activity.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21112 - Compliance meeting

Current through Vol. 24-12, July 15, 2024
Rule 112.
(1) A
				  compliance meeting notice shall be issued in accordance with section 92 of the
				  Administrative Procedures Act. The compliance meeting allows the licensee or
				  lessor to show compliance before the conduct of a contested case
				  hearing.
(2) If compliance is shown
				  or an agreement regarding future action is reached at this meeting, then the
				  need for a contested case hearing may be negated.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21113 - Contested case hearing

Current through Vol. 24-12, July 15, 2024
Rule 113.
(1) A
				  contested case hearing notice shall be issued in accordance with section 71 of
				  the Administrative Procedures Act.
(2) The bureau may establish procedures for
				  the conduct of contested case hearings, including the submission of evidence by
				  written interrogatory hearing officer.
(3) There shall be no discovery other than
				  that allowed by the Administrative Procedures Act.
(4) When an appearance is made at a contested
				  case hearing, it shall be made in person by the principal officer of the
				  qualified organization; the owner, principal shareholder of the privately held
				  corporation, partner, or top officer of the licensed supplier, licensed
				  manufacturer, or licensed hall; or by counsel.
(5) The person or persons who have been
				  served with a contested case hearing notice may file a written answer before
				  the date set for the contested case hearing or may appear at the contested case
				  hearing and present an oral statement on the charges contained in the contested
				  case hearing notice. If written briefs or arguments are presented, then a copy
				  shall be served upon the hearing officer at least 5 days before the date set
				  for the contested case hearing.
(6)
				  If the person or persons who have been previously served with a contested case
				  hearing notice fail to appear at the contested case hearing, then the hearing
				  officer may proceed with the contested case hearing and may, on the evidence
				  presented, make a decision.
(7) A
				  contested case hearing shall not be adjourned or continued except by the
				  hearing officer. All motions and requests for an adjournment or a continuance
				  shall be in writing. The motion or request shall state concisely the reasons
				  why the requested relief is necessary.
(8) The parties to any contested case hearing
				  may, by stipulation in writing filed with the hearing officer, agree upon the
				  facts or any portion of the facts involved in the controversy. The stipulation
				  shall be regarded and used as evidence in the contested case hearing. Parties
				  are requested to agree upon the facts when practicable.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 1 - GENERAL PROVISIONS › Section R. 432.21199 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 199.
(1)
										R
				  432.101 to R 432.118 of the Michigan Administrative
				  Code, and appearing on pages 4468 and 4469 of the 1979 Michigan Administrative
				  Code, page 426 of the 1980 Annual Supplement to the Code, and pages 478 to 489
				  of the 1984 Annual Supplement to the Code, are rescinded.
(2)
										R
				  432.201 to R 432.216 of the Michigan Administrative
				  Code, appearing on pages 4477, 4481, and 4482 of the 1979 Michigan
				  Administrative Code and pages 489 to 497 of the 1984 Annual Supplement to the
				  Code, are rescinded.
(3)
										R
				  432.301 to
				  R
				  432.313 of the Michigan Administrative Code, appearing
				  on pages 426 to 429 of the 1983 Annual Supplement to the 1979 Michigan
				  Administrative Code, are rescinded.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21201 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) As
				  used in this part, "bona fide," when referring to an organization, means a
				  nonprofit organization that meets all of the requirements of the act and these
				  rules and is organized and operated to accomplish the purposes stated in the
				  act for that organization category and in the organization's bylaws,
				  constitution, charter, or articles of incorporation.
(2) As used in this part, "gaming license,"
				  means a valid large bingo, small bingo, special bingo, large raffle, small
				  raffle, annual charity game ticket, special charity game ticket, or numeral
				  game license issued by the bureau.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21202 - Qualification requirements

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) Each
				  applicant applying for a gaming license who has not previously qualified shall
				  first submit qualification information as required by the bureau.
(2) Except as provided in the act, each
				  applicant shall provide proof that its bylaws, constitution, articles of
				  incorporation, or the bylaws or constitution of its parent organization include
				  a statement of dissolution. The statement of dissolution shall state that all
				  assets of the qualifying organization remaining upon dissolution, after
				  satisfying its debts, be distributed to the local government or another
				  nonprofit organization.
(3) The
				  bureau, at its discretion, may require a previously qualified organization to
				  submit updated qualification information to assure the organization's continued
				  eligibility under the act.
(4) In
				  addition to the requirements of the act, the commissioner shall consider
				  certain factors when determining if an applicant or licensee qualifies as a
				  "branch," "lodge," or "chapter." These include, but are not limited to, the
				  following:
(a) Charter or similar document
				  issued by the national or state organization upon acceptance as a branch,
				  lodge, or chapter.
(b) Conditions
				  established by the national or state organization for the revocation or
				  suspension of the charter or relationship.
(c) Dues or financial support submitted to
				  the national or state organization by the branch, lodge, or chapter.
(d) Degree of control exerted by the national
				  or state organization over the activities of the branch, lodge, or
				  chapter.
(e) Oversight and control
				  provided by the national or state organization over the financial affairs of
				  the branch, lodge, or chapter, including the audit of financial records of the
				  branch, lodge, or chapter.
(f)
				  Standard bylaws adopted by the branch, lodge, or chapter or bylaws submitted to
				  the national or state organization for approval.
(g) Appointed or elected officers of the
				  branch, lodge, or chapter who are responsible for the activities of the branch,
				  lodge, or chapter.
(h) Ability of
				  the branch, lodge, or chapter to influence activities (normally demonstrated by
				  voting privileges) at the state or national level.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21204 - Gaming license applications

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1) A
				  qualified organization, unless ineligible under the act, shall be eligible to
				  apply for a gaming license.
(2) A
				  qualified organization shall submit an application for a gaming license on a
				  form provided by or approved in writing by the bureau.
(3) In addition to the gaming license
				  application, the applicant shall submit additional information as directed by
				  the bureau.
(4) The gaming license
				  application shall be accompanied by the appropriate fee.
(5) If a gaming license application is
				  cancelled or denied, then the bureau may retain a portion of the original
				  statutory fee submitted to cover processing costs.
(6) An applicant shall disclose to the bureau
				  whether any individual, officer, or agent of the applicant has ever been
				  convicted or becomes convicted of, or forfeited bond upon a charge of, or pled
				  guilty to any of the following offenses:
(a)
				  A felony.
(b) A gambling
				  offense.
(c) Criminal
				  fraud.
(d) Forgery.
(e) Larceny.
(f) Filing a false report with a governmental
				  agency.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21205 - Additional eligibility factors

Current through Vol. 24-12, July 15, 2024
Rule 205. In addition to the requirements of the act, the
					 commissioner shall consider the following factors when reviewing a gaming
					 license application or renewal application:
(a) The honesty and integrity of the
				  applicant.
(b) The veracity and
				  accuracy of any information supplied to the bureau by the applicant.
(c) The applicant's indebtedness to local,
				  state, or federal government.
(d) A
				  pending lawsuit or bankruptcy proceeding involving the applicant.
(e) The applicant's current or past history
				  of compliance with the act, these rules, terms of probation, directives of the
				  bureau, public policy of the state of Michigan, or any other local, state, or
				  federal law or regulation.
(f)
				  Criminal convictions of the applicant or any individual, officer, or agent of
				  the applicant for any of the following offenses:
(i) A violation of the act.
(ii) A felony.
(iii) A gambling offense.
(iv) Criminal fraud.
(v) Forgery.
(vi) Larceny.
(vii) Filing a false report with a
				  governmental agency.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21206 - Gaming license terms and conditions

Current through Vol. 24-12, July 15, 2024
Rule 206.
(1) Upon
				  the issuance of a gaming license, the qualified organization agrees to all of
				  the following terms and conditions:
(a) To be
				  bound by and comply with the act, these rules, terms of probation, directives
				  of the bureau, public policy of the state of Michigan, and any other local,
				  state, and federal laws and regulations.
(b) To not assign or transfer the gaming
				  license.
(c) To maintain current
				  and accurate records of all operations in conjunction with licensed gaming
				  events in conformity with the act, these rules, terms of probation, and
				  directives of the bureau.
(d) To
				  conduct the licensed gaming event in accordance with the information submitted
				  on the application approved by the bureau.
(e) To conduct the licensed gaming event only
				  on the day, days of the week, date, dates, time, and at the specific location
				  within Michigan that is stated on the license.
(f) To immediately report to the bureau in
				  writing any change in the information stated on or attached to the gaming
				  license application.
(g) To hold
				  the bureau and the state harmless from any liability, including, but not
				  limited to, taxes and legal expenses.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21207 - Changes to qualification information

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) A
				  qualified organization shall immediately report to the bureau in writing any
				  change to the organization's qualification documentation.
(2) A qualified organization shall
				  immediately submit a copy of the appropriate amended document to the bureau if
				  there is a change in any of the following:
(a) Constitution.
(b) Bylaws.
(c) Articles of incorporation.
(d) Any other qualification document
				  previously submitted to the bureau.
(e) Internal Revenue Service tax-exempt
				  status.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 2 - GAMING LICENSING › Section R. 432.21208 - Request for gaming license changes; cancellations

Current through Vol. 24-12, July 15, 2024
Rule 208.
(1) To
				  change the location, day, date, dates, or time of a licensed gaming event, a
				  qualified organization shall submit a request to the bureau in writing not less
				  than 20 days before the proposed change.
(2) If a special bingo, large raffle, small
				  raffle, special charity game ticket, or numeral game cannot be held on the date
				  approved by the bureau because of inclement weather or other emergency
				  conditions, then the qualified organization may submit a request to the bureau
				  in writing for a new licensed gaming event date.
(3) A qualified organization shall notify the
				  bureau in writing not less than 10 days before the planned cancellation of a
				  licensed gaming event.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 3 - BINGO › Section R. 432.21301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) The
				  following terms used in the act are defined as follows for the purposes of this
				  part:
(a) "Bingo card" or "card" means a hard
				  bingo card, disposable bingo card, or any other bingo card approved in writing
				  by the bureau.
(b) "Call" means the
				  announcement of the number or symbol on the ball drawn from the bingo
				  receptacle or selected using a random number generator.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 3 - BINGO › Section R. 432.21303 - Principal officer responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 303. The principal officer of the qualified
					 organization shall be responsible for all of the following:
(a) Ensuring that there is full
				  accountability of all gaming assets including, but not limited to, cash,
				  prizes, bingo cards, charity game tickets, and all funds derived from the
				  licensed gaming event.
(b) Ensuring
				  that the licensed gaming event is conducted in accordance with the act, these
				  rules, terms of probation, and directives of the bureau.
(c) Ensuring that all records related to the
				  licensed gaming event are current and accurate.
(d) Reviewing all reports and correspondence
				  from the bureau.
(e) Signing and
				  ensuring that financial statements from the licensed gaming event are submitted
				  to the bureau as prescribed by R 432.21335.
(f) Responding in writing to violation
				  notices as prescribed by R 432.21106.
(g) Ensuring that all workers are qualified
				  to work the licensed gaming event.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 3 - BINGO › Section R. 432.21304 - Bingo chairperson; qualifications and duties

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1) The
				  officers of the qualified organization shall designate at least 1 chairperson
				  to be in charge of and responsible for the conduct of the licensed gaming event
				  in accordance with the act, these rules, terms of probation, and directives of
				  the bureau.
(2) The chairperson is
				  a worker who shall be a bona fide member of the qualified organization for at
				  least 6 months.
(3) The chairperson
				  shall be listed on the license application.
(4) The chairperson shall be familiar with
				  the act, these rules, terms of probation, and directives of the
				  bureau.
(5) The chairperson shall
				  be present on the premises continuously during the sale of bingo cards, charity
				  game tickets, and during all bingo games.
(6) The chairperson shall be readily
				  identifiable to all bingo players at the game by wearing a name badge with the
				  word "Chairperson" followed by the name of the licensee and the chairperson's
				  name.
(7) The chairperson shall be
				  in full charge of the licensed gaming event, supervise and direct all workers,
				  and be responsible for assuring the proper receipting, recording, and
				  depositing of all money derived from the conduct of the licensed gaming
				  event.
(8) The chairperson shall
				  attempt to resolve in accordance with the act, these rules, directives of the
				  bureau, and house rules any disputes that may occur during the conduct of the
				  licensed gaming event.
(9) Any
				  change in the chairperson or persons who are listed on the bingo license
				  application shall be immediately submitted to the bureau in writing. The
				  notification shall be signed by the principal officer of the qualified
				  organization.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 3 - BINGO › Section R. 432.21305 - Bingo; number issued

Current through Vol. 24-12, July 15, 2024
Rule 305. If more than 1 bingo license is issued for any 1
					 day at a location, the times of the bingo occasions shall not
					 overlap.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 3 - BINGO › Section R. 432.21306 - Temporary change of large bingo or small bingo play date, time, or location

Current through Vol. 24-12, July 15, 2024
Rule 306.
(1) A
				  large bingo or small bingo licensee may request a change of play date, time, or
				  location of its bingo game for a limited or temporary basis. The change shall
				  be a substitution for the regular scheduled bingo occasion and not an
				  additional bingo occasion.
(2) The
				  request shall be submitted to the bureau in writing and shall be signed by the
				  qualified organization's principal officer.
(3) A change of date shall be within the same
				  week.
(4) Instead of a new license,
				  the bureau shall issue a letter authorizing the change of date, time, and
				  location.
Michigan Administrative Code › Department - Treasury › Bureau of State Lottery › Charitable Gaming Rules › Part 3 - BINGO › Section R. 432.21307 - Temporary closings

Current through Vol. 24-12, July 15, 2024
Rule 307. The licensee shall notify the bureau in writing
					 and contact the local inspector of any temporary or seasonal closing of a large
					 bingo or small bingo game at least 10 days before the last game
					 date.