North Dakota Administrative Code › Title 10 - Attorney General › Article 10-16 - Multi-State Lottery › Chapter 10-16-02 - Retailer › Section 10-16-02-03 - Record and credit checks

Current through Supplement No. 393, July, 2024
1. An applicant for a license shall request
				the lottery to do a North Dakota record check on the applicant's agent. The
				record check is to determine whether the individual has a criminal history
				record that would disqualify the applicant for a license according to
				subdivision d of subsection 3 of North Dakota Century Code section
				53-12.1-07.
				The lottery may require fingerprints of the individual. After the initial
				licensure of an applicant, the retailer shall request the lottery to do a North
				Dakota record check and, if necessary, an out-of-state record check, on a new
				applicant's agent within thirty days of when the change occurred. The lottery
				may periodically do a followup record check on an applicant's agent and charge
				a fee.
2. If the applicant's agent
				resides or has resided in a state other than North Dakota during the previous
				five years, the lottery shall do an out-of-state record check on that
				individual through the other state. The individual shall procure any necessary
				fingerprint card or special authorization form, or both, which is or are
				required by the other state from the lottery and return the completed card or
				form, or both, to the lottery within ten days after receiving it or them from
				the lottery.
3. An applicant shall
				request a record check on the applicant's agent by submitting a "lottery
				record/credit check" form for the applicant's agent and remit a nonrefundable
				fee in the amount prescribed by North Dakota Century Code section
				12-60-16.9
				for a North Dakota record check and, if an out-of-state record check is
				required, remit the nonrefundable fee that is charged by the other state, to
				the lottery. The applicant shall remit the fee with the license application or
				form. However, if the individual has had a record check done within one year of
				when the applicant applied for a license or renewal license and provides with
				the application a copy of the "lottery record/credit check" or similar form
				and, if applicable, a copy of the bureau of criminal investigation's criminal
				history record information the lottery may waive the requirement for a record
				check on that individual.
4. An
				individual's information on a criminal record may be disseminated only
				according to North Dakota Century Code chapter
				12-60.
5. If an applicant's agent pleads guilty to
				or has been found guilty of a felony or misdemeanor offense as defined by the
				laws of this state, another state, or the federal government, the retailer
				shall immediately notify the lottery. Upon notification of a felony offense to
				the lottery:
a. If the applicant's agent is a
				general manager, the retailer shall terminate the general manager from
				employment;
b. If the applicant's
				agent is a partner of a partnership, the retailer shall terminate the
				partnership agreement with the affected partner;
c. If the applicant's agent is an officer or
				director who is primarily responsible for financial affairs of a corporation,
				the retailer shall delegate that responsibility away from the affected officer
				or director;
d. If the applicant's
				agent is a shareholder of a corporation, the retailer shall arrange for the
				shareholder to sell shares of stock to reduce the stock holding to less than
				ten percent of the common stock; or
e. The lottery shall suspend or revoke the
				retailer's license or take any other appropriation action.