reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-18 - Drugs; Death of Horse › Section 3769-18-07 - Possessions prohibited

Current through all regulations passed and filed through July 1, 2024
(A) No person shall have in his/her
			 possession on the premises of a permit holder any nasogastric tube, drugs,
			 chemicals which may be used as stimulants, hypodermic syringes or hypodermic
			 needles or any other instrument which may be used for injection, or batteries
			 or any other electrical or mechanical instrument which may be used to affect
			 the speed or actions of a horse. Any offending party may be ruled off. This
			 rule shall not be construed to apply to a veterinary surgeon licensed by the
			 commission.
(B) No veterinarian
			 shall leave a container of any prohibited drug on the premises of a permit
			 holder nor shall he leave or dispose of hypodermic syringes or hypodermic
			 needles or any other instrument which may be used for injection on the premises
			 of the permit holder whether used or unused. Any violation of this rule shall
			 be subject to the penalties as outlined in rule
			 3769-18-99
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				8/30/2018 and
				08/30/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3769.03
Rule
				Amplifies: 3769.03
Prior
				Effective Dates: 8/1/09
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-18 - Drugs; Death of Horse › Section 3769-18-09 - Use of drugs prohibited

Current through all regulations passed and filed through July 1, 2024
(A) In order to ensure the public safety and
			 protect the integrity of horse racing in the state of Ohio, the commission
			 intends to regulate the use of any drug of abuse, as governed by division (A)
			 of section 3719.011 of the Revised Code, by
			 any licensee who is responsible for the conduct of a race or whose duties
			 include the training, exercising, driving or caring for a horse. It shall also
			 include all track employees who, while at work operate mechanical devices of
			 any type which could cause injury to the operator of such device or to others.
			 Mechanical devices include but are not limited to motor vehicles, tractors and
			 mowers.
(B) For purposes of this
			 rule, "licensee" means any person licensed by the commission whose duties
			 include any of the following: training, exercising, driving or caring for a
			 horse or any licensed racing official who is involved in the conduct of a race,
			 including but not limited to:
(1) Assistant
			 starter;
(2) Assistant trainer;
(3) Dentist;
(4) Driver;
(5) Driver-Trainer;
(6) Groom;
(7) Horseshoer;
(8) Judge;
(9) Maintenance and track conditioning
			 employees;
(10) Any official whose
			 appointment must be approved by the Ohio state racing commission as identified
			 in rule
			 3769-12-10
			 of the Administrative Code;
(11)
			 Owner;
(12) Paddock judge;
(13) Starter;
(14) Starting gate driver;
(15) Trainer;
(16) Veterinarian;
(17) Veterinarian's assistant.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-18 - Drugs; Death of Horse › Section 3769-18-10 - Trainer and veterinarian responsible for reporting notice of disease or death

Current through all regulations passed and filed through July 1, 2024
(A) The trainer shall be absolutely
			 responsible for reporting to the judges and/or to the commission veterinarian
			 the death of any horse in the care of said trainer, which horse is currently
			 stabled on the premises of the permit holder. Said report must be filed in
			 writing on forms furnished by the commission and delivered to the judges and/or
			 the commission veterinarian within twenty-four hours of the death of the horse.
(B) The trainer shall be
			 absolutely responsible for reporting to the stewards and/or to the commission
			 veterinarian a notice in writing on forms furnished by the commission, the name
			 of any veterinarian who treats a horse in the care of said trainer, which horse
			 is currently stabled on the premises of the permit holder, when said treatment
			 is diagnosed as being for a contagious or infectious disease.
(C) It shall be the responsibility of both
			 the trainer and any veterinarian who has reason to suspect the existence of a
			 contagious or infectious disease in any horse to give notice, in writing, on
			 forms furnished by the commission, to the commission, or to the judges when
			 said horse is stabled on the premises of a permit holder. Said notice shall be
			 given to the commission veterinarian or the judges as quickly as possible, but
			 in no event shall the time period be more than seventy-two hours after said
			 veterinarian has examined said horse and/or treated said horse for such
			 disease.
(D) For purposes of this
			 rule "contagious or infectious disease" means any disease which is capable of
			 transmission by any means from a carrier animal to a human or to any other
			 animal.
Five Year Review (FYR) Dates:
				8/30/2018 and
				08/30/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3769.03
Rule
				Amplifies: 3769.03
Prior
				Effective Dates: 10/4/92
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-18 - Drugs; Death of Horse › Section 3769-18-11 - Disposal of dead horse - autopsy

Current through all regulations passed and filed through July 1, 2024
In the event that a horse should die on the premises of a
				permit holder or elsewhere, the commission veterinarian or the state judge may
				order an autopsy to be performed on said horse for the purpose of ascertaining
				the cause of death. In the event that such autopsy is ordered, the cost thereof
				shall be borne by the commission.
In the event that a horse should die on the premises of a
				permit holder, said horse may not be removed from the premises without first
				obtaining permission to remove the horse, either from the commission
				veterinarian or the state judge.
Five Year Review (FYR) Dates:
				8/30/2018 and
				08/30/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3769.03
Rule
				Amplifies: 3769.03
Prior
				Effective Dates: 10/4/92
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-18 - Drugs; Death of Horse › Section 3769-18-12 - Independent analysis of official specimen

Current through all regulations passed and filed through July 1, 2024
(A) The commission veterinarian shall,
			 whenever physically possible, collect a minimum of fifty milliliters of urine
			 and a minimum of thirty milliliters of blood specimens from each horse selected
			 for testing by the judges.
(1) The official
			 laboratory shall retain all portions of each specimen in secure, limited
			 access, frozen storage at a site approved by the commission for the time period
			 required by this rule;
(2) If the
			 results of tests on a specimen are negative, the official laboratory may
			 discard all portions of said specimen;
(3) If the results of tests on a specimen are
			 positive, the official laboratory shall retain all portions of said specimen
			 until the matter has been finally adjudicated or until directed to forward the
			 specimen or a portion there of to another laboratory for independent
			 analysis;
(4) The trainer and/or
			 owner shall not be entitled to a retained specimen in those instances where the
			 official laboratory deems it necessary to consume the entirety of an official
			 specimen for official laboratory testing purposes.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-18 - Drugs; Death of Horse › Section 3769-18-99 - Penalties commission may impose

Current through all regulations passed and filed through July 1, 2024
(A) For a violation of any rule in this
			 chapter and unless a rule specifically precludes the judges from doing so, the
			 judges, upon the concurrence of two such officials, may fine a licensee an
			 amount not in excess of the amount permitted by section
			 3769.091 of the Revised Code
			 and/or suspend licenses, upon the concurrence of two such officials, for a
			 period not to exceed the length of time permitted by section
			 3769.091 of the Revised Code
			 and/or refer the licensee to the commission for further action.
Any fine or suspension may be appealed to the commission. Such
				appeal shall stay the fine or suspension until further action by the
				commission.
(B) In
			 addition to any other penalty provided, or in the event no penalty has been
			 provided, the commission, may, upon finding a licensee has violated a rule of
			 this chapter, fine the licensee an amount not in excess of the amount
			 prescribed by law and/or deny, suspend or revoke any Ohio state racing
			 commission license held by the licensee and/or rule off any such licensee from
			 all Ohio race tracks.
(C) Should
			 the commission find a permit holder, or a representative of the permit holder
			 has violated a rule in this chapter, they may fine said permit holder or the
			 representative of the permit holder an amount not in excess of the amount
			 prescribed by law and/or deny, suspend or revoke any license and/or permit held
			 by said permit holder or representative of the permit holder and/or rule off
			 any such permit holder's representative.
(D) Each day during which any violation of a
			 rule in this chapter continues to occur shall be considered a separate offense
			 and any person and/or permit holder continuing to violate said rule or rules
			 may be penalized separately for each day the violation occurs.
(E) Any person who violates any provisions of
			 the Horse Racing Act or any of the Ohio rules of racing for which no penalty is
			 otherwise provided, may be denied a license under such rules. A licensee under
			 such rules may be fined, may have his/her license suspended or revoked or may
			 be ruled off. Any permit holder who violates any of the provisions of the Horse
			 Racing Act or any of the Ohio rules of racing for which a penalty is not
			 otherwise provided, may have the permit suspended or revoked, or may be denied
			 a permit upon subsequent application therefor.
Five Year Review (FYR) Dates:
				8/30/2018 and
				08/30/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3769.03
Rule
				Amplifies: 3769.03
Prior
				Effective Dates: 5/1/85
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-20 - Relocation of Racetracts Eligible for Video Lottery › Section 3769-20-01 - General definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 "Capital
			 Investment" means cost related to demolition, engineering, architecture,
			 design, site preparation, construction, infrastructure improvements, land
			 acquisitions, furniture, fixtures, equipment, insurance related to
			 construction, capitalized interest and other financing costs, leasehold
			 improvements, video lottery terminal acquisition and related technology,
			 surveillance and security equipment, and such other costs as approved by the
			 director which are usual and customary for the industry.
(B)
								 "Commission" and
			 "racing commission" mean the racing commission under Chapter 3769. of the
			 Revised Code.
(C)
								 "Director" means the director of the state lottery
			 commission under Chapter 3770. of the Revised Code.
(D)
								 "Permit Holder"
			 means a corporation, trust, partnership, limited partnership, association,
			 person or other group of persons who or which has been granted a permit to
			 conduct a horse racing meeting under Chapter 3769. of the Revised
			 Code.
(E)
								 "Temporary Facility" is a location where a permit
			 holder who conducts live racing and simulcasting according to the requirements
			 of Chapter 3769. of the Revised Code will simulcast racing according to the
			 requirements set forth in section
			 3769.089 of the Revised Code.
			 The permit holder will simulcast all horse races in this state and horse races
			 conducted at facilities located outside this state made available on each day
			 that video lottery games are operated,
(F)
								 "Video Lottery"
			 means the operation of video lottery games through the use of video lottery
			 terminals, central monitoring systems, control systems, communications
			 processes and/or associated equipment and activities connected and/or
			 associated therewith.
(G)
								 "Video Lottery Game" means any game authorized by the
			 lottery commission that is played on a video lottery terminal.
(H)
								 "Video Lottery
			 Sales Agent" means a permit holder that conducts live racing in accordance with
			 Chapter 3769. of the Revised Code, and that is licensed by the director to sell
			 video lottery games through video lottery terminals, and who continues to be a
			 permit holder while authorized by the director to conduct video lottery
			 games.
(I)
								 "Video Lottery Terminal or VLT" is a device used by a
			 video lottery sales agent in connection with the sale of video lottery
			 games.
(J)
								 "Incremental Economic Benefits" means demonstrating a
			 substantial positive gain in:
(1)
									 Job creation;
(2)
									 Capital
			 investment in a new facility;
(3)
									 Video lottery
			 terminal revenue to support school districts; and
(4)
									 Local tax
			 base.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-20 - Relocation of Racetracts Eligible for Video Lottery › Section 3769-20-02 - Application to relocate a race track facility

Current through all regulations passed and filed through July 1, 2024
(A) A permit holder eligible to become a
			 video lottery sales agent may apply in a manner as determined by the commission
			 to relocate its race track and all racing permits.
(B) The application to relocate a race track
			 shall be made in the manner prescribed by the racing commission and may include
			 information required by rule
			 3769-2-08
			 or
			 3769-12-08
			 of the Administrative Code. The application shall also:
(1) Indicate whether or not a temporary
			 facility will be used to conduct business at the new location;
(2) Identify the location for the new track
			 by city or township, county, address and zip code;
(3) Disclose the incremental economic
			 benefits to the state in a certificate of compliance that shall be a part of
			 the application; and
(4) Provide
			 other information as required by the racing commission.
Ohio Administrative Code › Title 3769 - State Racing Commission › Chapter 3769-20 - Relocation of Racetracts Eligible for Video Lottery › Section 3769-20-03 - Facility requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								 Capital
			 investment plan. A master facility plan shall be submitted for review and
			 approval by the racing commission and the director of the lottery. The plan
			 shall propose capital investments totaling a minimum of one-hundred fifty
			 million dollars for the racing and video lottery terminal facilities in
			 categories as defined in paragraph (A) of rule
			 3769-20-01 of
			 the Administrative Code.
(1)
									 Up to twenty-five million dollars of the required
			 capital investment may be allocated for existing land and
			 facilities.
(2)
									 Capital investments made in a temporary facility that
			 becomes part of the permanent master facility plan may be considered for
			 inclusion in the minimum capital investment requirement.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-1 - Director's Authority › Section 3770-1-01 - Definitions of terms used in the regulations of the director of the Ohio state lottery

Current through all regulations passed and filed through July 1, 2024
(A) "Lottery Act" means Chapter 3770. of the
			 Revised Code, and all amendments thereto.
(B) "Agent" means any person licensed as a
			 lottery sales agent by the director.
(C) "Commission" and "Ohio lottery
			 commission" mean the state lottery commission created by the Lottery
			 Act.
(D) "Director" means the
			 executive director of the state lottery appointed in accordance with the
			 Lottery Act.
(E) "Commissioner"
			 means a member of the commission.
(F) "Ticket" means a lottery ticket issued by
			 the state lottery for sale to the public.
(G) "Game" means a lottery game offered by
			 the state lottery for sale to the public.
(H) "Administrative Procedure Act" means
			 Chapter 119. of the Revised Code, and all amendments thereto.
(I) "Sales representative" means a person
			 authorized to act for the director in the safekeeping of and accounting for
			 games, products, equipment or settlement of sales agent accounts.
(J) "Settlement date" means each date
			 specified by the director on which sales agents are to settle their
			 transactions through deposits with designated banking institutions.
(K) "Settlement."
(1) For purposes of lottery sales agent and
			 licensure, "settlement" means the reconciliation of all inventory and the
			 removal of lottery equipment pending the cancellation of the lottery sales
			 agent license.
(2) For purposes of
			 lottery game tickets, "settlement" means the return of full and partial lots of
			 game tickets by the time period specified by the director.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-1 - Director's Authority › Section 3770-1-02 - Director's authority under Administrative Procedure Act

Current through all regulations passed and filed through July 1, 2024
(A) The regulations
			 of the director pertaining to the licensing function, which will have a general
			 and uniform operation, shall be adopted, promulgated and enforced in accordance
			 with the Administrative Procedure Act. In adopting, amending or rescinding a
			 regulation under the Administrative Procedure Act, the procedures of the
			 commission set out in Chapter 3770:1-2 of the Administrative Code shall be
			 followed by the director.
(B)
			 Paragraph (A) of this rule shall not apply to regulations or directives
			 concerning internal management of the state lottery by the director which do
			 not affect private rights.
(C)
			 Decisions and orders of the director in conducting the licensing function shall
			 be made or adopted in compliance with the Administrative Procedure Act. When
			 required by that act, the director shall afford a hearing to a person affected
			 by an order or decision to refuse, suspend or revoke a license. Such hearings
			 shall be conducted by the director or a hearing officer designated by the
			 director and shall comply with the requirements for adjudication hearings set
			 out in the Administrative Procedure Act. The requirement of the Administrative
			 Procedure Act that adjudication hearings be afforded prior to a final decision
			 by the director shall be waived if circumstances such as non-payment of funds
			 owed by a sales agent, or other circumstances related to the public safety,
			 convenience, or trust require immediate action. The director, however, must
			 continue to comply with the requirements of the Administrative Procedure Act in
			 affording the subsequent opportunity for an adjudication hearing.
(D) Unless expressly provided to the
			 contrary, any action permitted to, or required of the director may be taken by
			 a representative authorized by the director to take such action.
Five Year Review (FYR) Dates:
				10/15/2018 and
				01/30/2023
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: 07/15/1974, 05/27/1993,
				12/27/1996
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-2 - Licenses › Section 3770-2-01 - Persons eligible; application

Current through all regulations passed and filed through July 1, 2024
(A) Any person may apply for a sales agent
			 license. Application shall be made 
								in a 
								format approved by the director for this purpose.
(B) Upon receiving a proper and
			 complete application, the director shall determine if the applicant meets the
			 requirements of the Lottery Act and the commission's rules, and the standards
			 of the director provided in these regulations. The director may issue the
			 applicant a license on such terms and conditions deemed appropriate, consistent
			 with the Lottery Act, the rules of the commission and these regulations. If the
			 director denies an application, the applicant shall be promptly informed of the
			 decision.
Effective: 12/25/2014
Five Year Review (FYR) Dates:
				09/22/2014 and
				02/24/2019
Promulgated
				Under: 119.03
Statutory Authority: 3770.03
Rule
				Amplifies: 3770.01, 3770.02, 3770.03, 3770.04, 3770.05, 3770.06, 3770.07, and
				3770.08
Prior Effective Dates: 7/15/74, 5/27/93, 12/27/96,
				2/13/2004
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-2 - Licenses › Section 3770-2-02 - Grounds for refusal of a license

Current through all regulations passed and filed through July 1, 2024
(A)
								Denial of
			 license. If after a review of a lottery sales agent application and
			 consideration of any other factors deemed relevant to the efficient and proper
			 operation of lottery, the director determines that an applicant has not met the
			 requirements for issuance of a lottery sales agent license, the director may
			 deny the application, or may request that the application be revised and
			 reviewed for further consideration.
(B)
								Grounds for
			 refusal. In addition to the grounds for refusal to grant an applicant's request
			 for a license in divisions (C)(1) to (C)(5), (D)(1) to (D)(3) and (E)(1) to
			 (E)(2) of section 3770.05 of the Revised Code, and
			 except as provided in paragraph (C) of this rule, in the event any of the
			 following are determined by the director, an application for a lottery sales
			 agent license may be denied:
(1)
									If any principal to be affiliated with the applicant is
			 found to have committed any of the acts specified in divisions (C)(1) to
			 (C)(5), (D)(1) to (D)(4) or (E)(1) to (E)(2) of section
			 3770.05 of the Revised
			 Code;
(2)
									The applicant has made a fraudulent misrepresentation
			 regarding a fact material to an application or has failed to disclose
			 information regarding a fact material to an application.
(3)
									When it appears
			 to the director that, due to the experience, character or general fitness of
			 any principal to be affiliated with the applicant, the granting of a license
			 would be inconsistent with the public interest, convenience or
			 trust.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-3 - Suspension or Revocation of License › Section 3770-3-01 - Lottery sales agent; suspension or revocation

Current through all regulations passed and filed through July 1, 2024
(A) Non-compliance.
								 In addition to the  grounds for suspension or revocation of a
			 license described in divisions (C)(1) to (C)(5), (D)(1) to (D)(4) and (E)(1) to
			 (E)(2) of section 3770.05 of the Revised Code, the
			 director may suspend or revoke the license of a sales agent who does not comply
			 with the Lottery Act,
								 all rules, terms
			 and conditions, policies, orders, and directives
			 adopted, promulgated or issued by the commission or director, or any state or
			 federal law
								.
(B) Violation of prohibitions. In addition to
			 the prohibitions enumerated in divisions (A) to (E) of section
			 3770.08 of the Revised Code, the
			 director may suspend or revoke the license of any sales agent who violates one
			 of the following prohibitions:
(1) No sales
			 agent, or any of its principals, relatives, or
			 employees, shall pay, or direct another party to
			 pay, the holder of a winning ticket or game an amount less than the full
			 prize amount for which that ticket or game is redeemable.
(2)
									No sales agent,
			 or any of its principals, relatives, or employees, shall submit, or direct
			 another party to submit, a prize claim that originally was presented for
			 payment by another holder of a winning ticket or game to whom the sales agent,
			 or any of its principals, relatives, or employees, paid a discounted prize
			 amount, or from whom the sales agent, or any of its principals, relatives, or
			 employees, received payment in return for making the claim.
(3)
			 No sales agent, or
									 any of its principals,
			 relatives, or employees, shall solicit, direct another party to solicit, or conspire with
			 any person for the purpose of committing an act described in paragraph (B)(1)
			 or (2) of this rule.
(4)
									If a sales agent,
			 or any of its principals, relatives, or employees, has paid, directed another
			 to pay, solicited, or conspired with another for the purpose of paying a prize
			 amount, less than the full prize amount for which a winning ticket or game is
			 redeemable, then that winning ticket or game may be deemed void and any
			 associated prize award may be forfeited.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-02 - Issuance of licenses, products and equipment

Current through all regulations passed and filed through July 1, 2024
(A) Authorization of sales agent. Each
			 license issued to a sales agent authorizes that sales agent to conduct business
			 at the address on the face of the license. A sales agent
			 is not
			 to conduct lottery sales at other locations
			 unless authorized by the director. A separate license
			 
								is
			 required for each location at which a sales agent is authorized to sell games.
			 Games 
								cannot be sold at locations outside the state of
			 Ohio.
(B) Licenses nontransferable.
			 No license 
								will be transferred to another person
			 or entity.
If the 
									ownership of a sales agent location changes,
				
									any new
				owner wishing
				to conduct lottery sales should apply to the director for a
				new license pursuant to the rules and regulations
				set forth herein.
(C)
			 Change of sales agent's location. If a sales agent moves from one location to
			 another, games 
								cannot be sold at the new location
			 until authorized to do so. The director may
			 authorize transfer of
								an
			 existing sales agent's license to a new
			 location, so long as ownership does not change,
			 and after considering all information concerning the sales agent's new
			 location, as required when making an initial
			 application for a license.
(D) Temporary and renewal of licenses. The
			 director 
								will establish procedures for temporary licenses and
			 renewal of licenses. Temporary licenses may be issued
			 to existing sales agents in good standing for the purpose of conducting lottery
			 sales at a location or event having an address not listed on the face of their
			 license. Any temporary license 
								will expire on the expiration date shown on its
			 face, which 
								will not be more than one year from the date of the
			 temporary license is issued.
(E)
			 Issuance of products and equipment. The director may issue products and
			 equipment to sales agents through assigned sales representatives, courier or
			 delivery services, or any other methods as determined by the
			 director.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-03 - Sale of lottery games

Current through all regulations passed and filed through July 1, 2024
(A) Manner of sale. Games may be sold only by
			 the sales agent or through the sales agent's employees. The sales agent must
			 participate in the range of lottery games assigned to the sales agent, and
			 agrees to use best efforts to sell those assigned lottery games. The director
			 may prohibit sales agents from participating in or conducting any other schemes
			 of chance or lottery games other than those games or promotions established by
			 commission rule and provided for or encouraged by the director, or for which
			 the sales agent is specially licensed by the state of Ohio. The director may
			 prohibit sales agents from engaging in certain lottery promotions deemed by the
			 director to be inappropriate. The director may set game sales quotas for each
			 license. The director may initiate marketing and promotional programs and may
			 provide sales agents with such materials as deemed appropriate.
(B) Game and equipment allocations. The
			 quantity and types of games and equipment allocated to each sales agent will be
			 determined by the director and may be based upon the license issued to that
			 sales agent. If a sales agent sells out the
			 allocation, additional games, if available, may be issued to the sales agent as
			 approved by the director or an authorized representative of the director. The
			 director may order that lottery games and equipment not be issued to a sales
			 agent who has failed to clear an account of outstanding lottery
			 games.
(C) Accessibility of lottery
			 games. Each sales agent shall use best efforts to make lottery games easily
			 accessible to the public and to encourage lottery sales.
(D) Prohibitions. Each sales agent shall
			 always serve any customer in line before accepting any large block orders for
			 lottery games. In this regard, sales agents may not accept mail orders, phone
			 orders or bulk delivery of orders.
Five Year Review (FYR) Dates:
				1/7/2019 and
				06/20/2023
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: 07/15/1974, 05/27/1993, 12/27/1996, 01/31/1998, 02/13/2004,
				06/20/2009, 02/19/2015
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-04 - Sale by director

Current through all regulations passed and filed through July 1, 2024
(A) Sales. The director or an authorized
			 representative may sell games.
R.C. 119.032 review dates:
				05/19/2014 and
				02/24/2019
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: 7/74, 5/93, 12/96, 2/04,
				5/09
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-05 - Sales representatives

Current through all regulations passed and filed through July 1, 2024
(A) Sales representative duties.
			 Sales representatives will periodically appear at their
			 assigned retail locations at a frequency determined by the director.
								 Sales representatives 
								are responsible for delivery of paper
			 products, point of purchase materials and any other items designated by the
			 director, as well as the occasional movement of tickets. Sales representatives
			 
								are
			 also
								 responsible for taking
			 inventory of games and completing an instant inventory summary at each retail
			 location. They 
								are further  responsible for retrieving unsold tickets, and
			 for obtaining an accounting for stolen or destroyed tickets in the manner
			 prescribed by the director.
(B)
			 Obligations of sales representatives.
Each sales representative
			 
									will
			 maintain records of custodial and safekeeping activities
			 
									in a
			 manner prescribed by the director, and will make the same available for
			 inspection at any time at the request of inspectors authorized by the
			 director.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-06 - Return and settlement of tickets and collection of lottery sales revenues

Current through all regulations passed and filed through July 1, 2024
(A) Ticket
			 settlement cycles. The sales agent is solely responsible for the safety and
			 security of all tickets issued to the agent. The sales agent must account for
			 such tickets and transfer the proceeds from their sale, less authorized
			 deductions, to the lottery by means of procedures established by the director
			 for the deposits of proceeds from game sales. Upon the closing of a game,
			 unsold full books of lottery tickets, 
								may be returned to the lottery for the purpose of
			 settlement, on the dates and in the manner set out in these regulations or in
			 the management regulations and directives of the director. Any tickets that are
			 not returned or properly accounted for on the specified date will be deemed to
			 have been sold by the sales agent. The director may decide not to issue
			 subsequent books of tickets to a sales agent who has not fully accounted for
			 tickets previously issued.
(B)
			 Management directives. The director will, in management regulations or
			 directives, prescribe the forms for sales agents to use in all lottery
			 transactions.
(C) Consignment
			 property. Lottery games are issued to a sales agent on a consignment basis and
			 remain the property of the state of Ohio. All equipment and supplies provided
			 to a sales agent by the lottery remain the property of the state of
			 Ohio.
(D) Director's authority to
			 collect lottery sales revenues.
(1) The
			 director shall collect the revenues received from the sale of games by sales
			 agents at intervals established by the director. The director shall designate a
			 day or days during any interval time period on which sales agents shall be
			 required to deposit to the credit of the lottery fund, in accounts which
			 are
			 recommended to be used exclusively for lottery-related transactions at
			 lawfully designated banking institutions, all moneys due the lottery by such
			 sales agents from the sale of games, less an amount retained as compensation
			 for sale of such games. The director may further order that sales agents deduct
			 the amounts they pay in authorized prize payments and any commissions or
			 bonuses to which agents are entitled from the amounts received in gross game
			 sales prior to their deposit in accounts.
(2) The director may arrange for any banking
			 institution to perform the functions and services necessary to collect the
			 revenues received from the sales of lottery games by sales agents, and may
			 arrange the compensation for such performance as deemed necessary and
			 advisable. The director may also rely on the treasurer of state to perform this
			 function. The director shall establish detailed record keeping and operating
			 procedures to be followed by such banking institutions to carry out the
			 purposes of the Lottery Act and lottery rules.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-07 - Stolen and destroyed tickets

Current through all regulations passed and filed through July 1, 2024
A sales agent is financially responsible for all tickets
				consigned to that sales agent's location. If tickets are stolen or destroyed,
				the sales agent shall report that fact to the director within the time set
				forth in any internal management regulations established by the director. In
				the case of stolen tickets, the sales agent is also required to file a report
				with the local or state police, or in the case of tickets destroyed by fire, a
				report must be filed with the local fire department. Upon such notification to
				the director, and provided that the sales agent files a notarized affidavit
				with the commission stating the facts of the case, the director shall provide
				the sales agent with a supplementary delivery of tickets in the manner set
				forth in these regulations or in internal management regulations and directives
				of the director. The sales agent is subsequently required to file any official
				police or fire report for stolen or destroyed tickets with the director within
				the time set forth in any internal management regulations established by the
				director. The sales agent shall not be required to pay for the stolen or
				destroyed tickets until so notified by the director, but shall remain liable to
				pay the sale price less any authorized deductions for such tickets unless, upon
				investigation by the director, the director determines and notifies the sales
				agent that the sales agent shall be relieved of the obligation to pay for some
				or all of such tickets. The director may adopt internal management regulations
				elaborating the stolen or destroyed ticket policy, and the circumstances under
				which credit will be given, or under which the sales agent will be relieved of
				the obligation to pay for stolen or destroyed tickets.
Effective:
				3/28/2019
Five Year Review (FYR) Dates:
				1/7/2019 and
				01/30/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 3770.03
Rule
				Amplifies: 3770.01,
				3770.08,
				3770.07,
				3770.06,
				3770.05,
				3770.04,
				3770.03,
				3770.02
Prior
				Effective Dates: 09/11/1978, 05/27/1993, 12/27/1996, 01/31/1998, 10/05/2000,
				02/13/2004, 06/27/2014
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-09 - Compensation and reimbursement of expenses to be paid licensed lottery sales agents

Current through all regulations passed and filed through July 1, 2024
(A) Commission. Except as otherwise provided in paragraph (B) of this rule,
			 each sales agent shall receive a
			 commission based upon the sales agent's gross game sales at the rate specified
			 by the director for each license. The director shall establish procedures for
			 the prompt payment to each sales agent of their sales commission and cashing
			 bonus. In addition, the director may from time to time establish incentive and
			 bonus awards for sales agents for promotional purposes. Incentive and bonus
			 awards may include increased sales commissions, cash awards, trips, merchandise
			 or any other award at the discretion of the director.
(B)
								 For sales of all
			 "EZPlay Tap" games offered on the "Coronis Multi-Purpose Next Generation"
			 terminal, each sales agent shall receive a commission based upon net game
			 sales. Net game sales as used herein means sales after deduction of applicable
			 vendor fees and winner pay outs at the rate specified by the
			 director.
(C) Reimbursement of expense. The director shall
			 establish procedures for the prompt reimbursement of all expenses properly
			 incurred by a sales agent as authorized by the director.
Effective:
				7/31/2014
R.C. 119.032
				review dates: 04/21/2014 and
				06/20/2019
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, 5/27/93, 1/31/98, 2/13/04,
				6/20/09
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-4 - Operating Standards for Sales Agents › Section 3770-4-10 - Records and audits; and inspection of sales agent premises

Current through all regulations passed and filed through July 1, 2024
(A) The auditor of
			 state and the director or an authorized representative may periodically examine
			 all records, files and other documents of the sales agent as they pertain to
			 the sales agent's activities for purposes of conducting authorized audits. Each
			 sales agent shall maintain such records complete and up to date.
(B) A sales agent shall allow inspections of
			 the licensed premises at any time upon the request of inspectors authorized by
			 the director. The inspection may be made without prior notice to the sales
			 agent.
R.C. 119.032 review dates:
				07/21/2014 and
				02/24/2019
Promulgated
				Under: 119.03
Statutory Authority: 3770.03
Rule
				Amplifies: 3770.01, 3770.02, 3770.03, 3770.04, 3770.05, 3770.06, 3770.07, and
				3770.08
Prior Effective Dates:
				2/13/2004
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-6 - Accessing Confidential Personal Information › Section 3770-6-02 - Procedures for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the agency shall do the following:
(A)
								 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the agency are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the agency to
			 fulfill his/her job duties. The determination of access to confidential
			 personal information shall be approved by the employee's supervisor and the
			 information owner prior to providing the employee with access to confidential
			 personal information within a personal information system. The agency shall
			 establish procedures for determining a revision to an employee's access to
			 confidential personal information upon a change to that employee's job duties
			 including, but not limited to, transfer or termination. Whenever an employee's
			 job duties no longer require access to confidential personal information in a
			 personal information system, the employee's access to confidential personal
			 information shall be removed.
(B)
								 Individual's
			 request for a list of confidential personal information. Upon the signed
			 written request of any individual for a list of confidential personal
			 information about the individual maintained by the agency, the agency shall do
			 all of the following:
(1)
									 Verify the identify of the individual by a method that
			 provides safeguards commensurate with the risk associated with the confidential
			 personal information;
(2)
									 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(3)
									 If all information relates to an investigation about
			 that individual, inform the individual that the agency has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-6 - Accessing Confidential Personal Information › Section 3770-6-03 - Valid reasons for accessing confidential personal information

Current through all regulations passed and filed through July 1, 2024
Pursuant to the requirements of
				division (B)(2) of section
				1347.15 of the Revised Code,
				this rule contains a list of valid reasons, directly related to the Ohio
				lottery commission's exercise of its powers or duties, for which only employees
				of the agency may access confidential personal information (CPI) regardless of
				whether the personal information system is a manual system or computer
				system:
(A)
								 Performing the following functions constitute valid
			 reasons for authorized employees of the agency to access confidential personal
			 information:
(1)
									 Responding to a public records request;
(2)
									
			 Responding to a request from an individual for the list of CPI the agency
			 maintains on that individual;
(3)
									 Administering a
			 constitutional provision or duty;
(4)
									 Administering a
			 statutory provision or duty;
(5)
									 Administering an
			 administrative rule provision or duty;
(6)
									 Complying with
			 any state or federal program requirements;
(7)
									 Processing or
			 payment of claims or otherwise administering a program;
(8)
									 Auditing
			 purposes;
(9)
									 Licensure processes;
(10)
									 Investigation
			 or law enforcement purposes;
(11)
									 Administrative
			 hearings;
(12)
									 Litigation, complying with an order of the court, or
			 subpoena;
(13)
									 Human resource matters (e.g., hiring, promotion,
			 demotion, discharge, salary/compensation issues, leave requests/issues, leave
			 requests/issues, time card approvals/issues);
(14)
									 Complying with
			 an executive order or policy;
(15)
									 Complying with
			 an agency policy or a state administrative policy issued by the department of
			 administrative services, the office of budget and management or other similar
			 state agency; or
(16)
									 Complying with a collective bargaining agreement
			 provision.
Ohio Administrative Code › Title 3770 - State Lottery Commission › Chapter 3770-6 - Accessing Confidential Personal Information › Section 3770-6-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or
				regulations or state statutes and administrative rules make personal
				information maintained by the agency confidential and identify the confidential
				personal information within the scope of rules promulgated by this agency in
				accordance with section
				1347.15 of the Revised
				Code:
(A)
								 Social security numbers:
			 5 U.S.C.
			 552a. , unless the individual was told that
			 the number would be disclosed.
(B)
								 "Bureau of
			 Criminal Investigation and Information," "Federal Bureau of Investigation,"
			 "LEADS," NCIC," "NLET," "III," and/or "CCH" criminal records check results:
			 5
			 U.S.C 552, sections
			 109.571,
			 109.572, and
			 4776.04 of the Revised Code and
			 Chapter 4501:2-10 of the Administrative Code.
(C)
								 "Name, address,
			 and social security number of a beneficial owner of a lottery prize award using
			 a trust" except where the beneficial owner otherwise consents in writing:
			 division (A)(1) of section
			 3770.07 of the Revised
			 Code.
(D)
								 Driver's license number or state identification card
			 number when in combination with and linked with an individual's first name or
			 first initial and last name: section
			 1347.12 of the Revised
			 Code.
(E)
								 Medical information: division (A) of section
			 149.43 of the Revised
			 Code.
Five Year Review (FYR) Dates:
				08/17/2015 and
				08/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3770.03
Rule
				Amplifies: 1347.15
Prior
				Effective Dates: 10/08/2010
Ohio Administrative Code › Title 3770:1 - Lottery Commission › Chapter 3770:1-2 - Authority; Administrative Procedure › Section 3770:1-2-01 - Authority of the commission

Current through all regulations passed and filed through July 1, 2024
The rules of the commission are adopted and promulgated by the
				commission under the authority of section
				3770.03 of the Revised Code.
Five Year Review (FYR) Dates:
				10/15/2018 and
				02/24/2023
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: 09/10/1979, 05/27/1993, 12/27/1996,
				02/13/2004
Ohio Administrative Code › Title 3770:1 - Lottery Commission › Chapter 3770:1-2 - Authority; Administrative Procedure › Section 3770:1-2-02 - Administrative procedure act

Current through all regulations passed and filed through July 1, 2024
The licensing function of the commission and the director shall
				be conducted in accordance with the Administrative Procedure Act, except to the
				extent that the director is authorized by sections
				3770.02 and
				3770.03 of the Revised Code to
				suspend a license without prior hearing.
Five Year Review (FYR) Dates:
				09/22/2014 and
				06/20/2019
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: 9/10/1979, 5/27/1993, 12/27/1996,
				2/13/2004