reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 7 - CHANGE IN ACCOUNT OWNERSHIP OR DESIGNATED BENEFICIARY › Section 173-007-0000 - Change of Account Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 Network Plans, an account owner may designate a successor account owner if
			 allowed by a plan and must follow procedures required by the appropriate plan.
(2) For all Network Plans, if a
			 change in the ownership of an account is required by a court order, by a court
			 of competent jurisdiction directing such change of ownership or by an affidavit
			 or declaration that meets the requirements of the appropriate plan for transfer
			 of ownership upon death without a court order, such change of account ownership
			 shall not be effective until the appropriate plan receives the court order or
			 affidavit or declaration requiring such change, and the change of account
			 ownership is registered in the records of the appropriate plan, unless
			 otherwise required by law.
(3) For
			 all Network Plans, an account owner may change ownership of the account to
			 another eligible person by executing such forms or following such procedures as
			 required by the appropriate plan.
(4) For all Network Plans, an account owner
			 who is a custodian under UGMA/UTMA may only transfer ownership of the account
			 in accordance with the requirements, if any, of UGMA/UTMA and the plan under
			 which the account was opened.
(5)
			 For all Network Plans, the ownership of an account whose account owner is a
			 custodian under UGMA/UTMA shall be transferred to the designated beneficiary or
			 the designated beneficiary's estate, as required by UGMA/UTMA, upon submission
			 by the custodian and/or designated beneficiary of any documentation required by
			 the board.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 7 - CHANGE IN ACCOUNT OWNERSHIP OR DESIGNATED BENEFICIARY › Section 173-007-0005 - Change of Designated Beneficiary

Current through Register Vol. 63, No. 7, July 1, 2024
For all Network Plans, an account owner (other than an account
				owner who is a custodian under UGMA/UTMA) may change the designated beneficiary
				of the account as permitted under the Code and OAR chapter 173. A change of
				designated beneficiary shall not be effective until the appropriate plan
				receives a written request containing the information required by the
				appropriate plan and such change is registered in the records of the
				appropriate plan.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.867(1) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 8 - OPENING AN ACCOUNT; APPLICATION; PARTICIPATION AGREEMENT › Section 173-008-0000 - Opening an Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 Network Plans, to open an account, an applicant must complete the appropriate
			 plan application, and designate a contribution method as required by the
			 appropriate plan.
(2) For all
			 Network Plans, an applicant must select from the investment options offered by
			 a plan. After an account has been opened, the account owner may change the
			 investment options selected for the account as permitted by the Code.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.857(1), 348.860(1) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 8 - OPENING AN ACCOUNT; APPLICATION; PARTICIPATION AGREEMENT › Section 173-008-0005 - Refusal to Open an Account

Current through Register Vol. 63, No. 7, July 1, 2024
For all Network Plans, the Board may refuse to open an account
				for reasons that may include but are not limited to the following:
(1) The applicant is not an eligible account
			 owner.
(2) The applicant has not
			 provided all of the information required by the application.
(3) The applicant is attempting to open an
			 account for a designated beneficiary that is not qualified under the Code or
			 the Act.
(4) For the College
			 Savings Plan, the total account balance of all accounts in the network for the
			 same designated beneficiary is (or would be when taking into account a
			 contribution being made) greater than the maximum limit established by the
			 board pursuant to OAR 173-009-0015. The network shall accept contributions for
			 accounts for that designated beneficiary (including contributions establishing
			 new accounts), in the order of their receipt until the maximum account balance
			 limit for that designated beneficiary has been reached.
(5) For the ABLE Plan, an account already
			 exists for the designated beneficiary or the account owner.
(6) Entering into a participation agreement
			 between the board and the applicant violates any federal securities or state
			 "blue sky" laws or any other federal or state law.
(7) The Board determines that, for any other
			 reason, it would be advisable to limit the number of accounts in the network or
			 the plan under which the account is being opened.
(8) The board reserves the right to refuse
			 applications that it determines to be an abuse of the network or a plan.
(9) Custodian: For the ABLE Plan,
			 an individual's agent under power of attorney, parent or legal guardian may
			 open and manage an account for a qualified account owner and beneficiary.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841(2), 348.857(4) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 8 - OPENING AN ACCOUNT; APPLICATION; PARTICIPATION AGREEMENT › Section 173-008-0010 - Participation Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 Network Plans, an account owner must enter into a participation agreement for
			 each account by completing and signing an application, which incorporates the
			 participation agreement by reference or requires that the account owner
			 acknowledge having received and read the current participation agreement. The
			 participation agreement sets forth terms and conditions under which the account
			 owner participates in a plan. The participation agreement may be amended by the
			 board at any time and from time to time.
(2) For all Network Plans, any correspondence
			 to a plan in the network shall be sent to the address indicated in the
			 appropriate plan's participant agreement or related plan's disclosure
			 materials.
(3) For all Network
			 Plans, the plan manager may take action on behalf of and receive materials on
			 behalf of the plan it manages.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 9 - CONTRIBUTIONS › Section 173-009-0000 - Contributions Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 Network Plans, the minimum initial contribution that must be made to an account
			 at the time the account is opened will be specified by the appropriate plan,
			 except that the minimum initial contribution requirement for a plan may be
			 waived if the account owner agrees to participate in an automatic investment
			 plan or other similar regular periodic contribution plan for that account in
			 accordance with the participation agreement governing the account or may be
			 waived on such terms as specified by the appropriate plan. The board may at any
			 time without notice change the minimum contribution amounts.
(2) The board reserves the right to refuse
			 contributions that it determines to be an abuse of the network or a plan.
(3) Subsequent contributions made
			 to an account will be in accordance with the appropriate plan's participation
			 agreement governing the account.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.857(2) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 9 - CONTRIBUTIONS › Section 173-009-0005 - Cash Contributions Only

Current through Register Vol. 63, No. 7, July 1, 2024
For all Network Plans, contributions to an account shall be
				made in cash only. Cash includes checks, electronic funds transfers, and such
				other methods as the board determines and as permitted under applicable law.
				Cash does not include securities, property or credit card
				charges.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841 -
				  348.873
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 9 - CONTRIBUTIONS › Section 173-009-0010 - Rollover Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 who is an account owner under another qualified tuition program or qualified
			 ABLE program may rollover, subject to the Code, the Act and the terms of such
			 other qualified tuition program or qualified ABLE program, all or part of the
			 funds from an account in such other qualified tuition program or qualified ABLE
			 program to an account in the appropriate network plan.
(2) For a College Savings Plan, the board
			 also may permit a rollover contribution from a Coverdell education savings
			 account described by Section 530 of the Code, a qualified U.S. savings bond
			 described by Section 135 of the Code, or such other account(s) as may be
			 permitted from time to time under section 529 of the Code.
(3) In order to set up a new account in which
			 to deposit a qualified rollover contribution from an account in another
			 qualified tuition program or qualified ABLE program, or such other account(s)
			 as may be permitted from time to time under the Code, an applicant must, in
			 addition to complying with the requirements of OAR 173-008, submit to the
			 appropriate plan such information as the board may from time to time require,
			 including the amount of the rollover contribution which is attributable to
			 earnings on such contribution. In the case of a rollover contribution made
			 directly from another qualified tuition program or qualified ABLE program,
			 information regarding the earnings portion of the contribution may be provided
			 directly by the distributing qualified tuition program or qualified ABLE
			 program.
(4) The entire amount of
			 a rollover contribution is counted for purposes of calculating the total
			 account balance of all accounts for a designated beneficiary. If such rollover
			 contribution causes the total account balance of all accounts in the network
			 for a designated beneficiary to exceed the maximum limit established by the
			 board pursuant to OAR 173-009-0015, the excess funds, or if required by the
			 appropriate plan, the entire rollover contribution, shall be
			 returned.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 9 - CONTRIBUTIONS › Section 173-009-0015 - Maximum Contribution Limit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Additional
			 contributions to an account for a designated beneficiary are prohibited when
			 the total account balance for all accounts for that designated beneficiary
			 under the network exceeds the amount established by the Board as required by
			 and in accordance with the Code.
(2) For the ABLE Plan, additional
			 contributions to an account for a designated beneficiary are prohibited when
			 the total annual contributions for that designated beneficiary exceeds the
			 amount established by the Board as required by and in accordance with the
			 Code.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.857(4) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 10 - DISTRIBUTIONS › Section 173-010-0000 - Distribution Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For a College
			 Savings Plan, only the account owner may request a distribution of funds
			 (whether for a qualified withdrawal, a nonqualified withdrawal, or otherwise)
			 from an account by submitting to the appropriate plan a completed distribution
			 request form (or following such other procedures as are permitted under the
			 appropriate plan) and such other information as from time to time is required
			 by such plan.
(2) For the ABLE
			 Plan, an agent under power of attorney, a parent or legal guardian may request
			 a distribution of funds (whether for a qualified withdrawal, a nonqualified
			 withdrawal, or otherwise) from an account by submitting to the appropriate plan
			 a completed distribution request form (or following such other procedures as
			 are permitted under the appropriate plan) and such other information as from
			 time to time is required by such plan.
(3) A distribution from a network plan shall
			 be subject to any applicable state and federal taxes.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.870(1) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 10 - DISTRIBUTIONS › Section 173-010-0025 - Rollover Distribution and Fund Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
Rollovers and transfers within the network will be permitted
				only to the extent permitted by the Code.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.867(2) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 11 - TERMINATION OF AN ACCOUNT › Section 173-011-0000 - Termination of an Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 Network Plans, the account owner may terminate an account at any time. The
			 board may terminate an account in accordance with the provisions of the
			 participation agreement or in accordance with the Act or OAR chapter 173. If
			 the board determines that an account owner or a designated beneficiary has
			 provided false or misleading information to the board or a higher education
			 institution with respect to an account or has acted in a manner that adversely
			 affects the integrity of the network or a plan, the board may terminate the
			 account. The remaining account balance will be distributed to the account
			 owner, and the contributions and earnings thereon may be subject to federal and
			 any applicable state income tax.
(2) The board may terminate an account in
			 accordance with the provisions of the participation agreement or in accordance
			 with the Act or OAR chapter 173 if the account balance drops below a point at
			 which there are insufficient funds to cover the appropriate account fees, or a
			 level at which determined by the board.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841(9), 348.870(3) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 12 - FEES › Section 173-012-0000 - Board Administration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
For all Network Plans, the board may charge fees to account
				owners in order to pay for the board's and the network's administrative
				expenses. Fees shall be collected on a predetermined basis and be paid to the
				board and the network. The board may from time to time review and adjust
				fees.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.857(6) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 12 - FEES › Section 173-012-0005 - Other Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The plan manager for each network plan may charge such fees as
				are agreed to between the plan manager and the board, which fees may be payable
				by the account owners or from the assets of the appropriate
				plan.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.857(6) &
				  348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 14 - INVESTMENT POLICIES › Section 173-014-0000 - Investment Policies

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall establish investment policies for the Network
				Plans. These policies shall be reviewed, and may be modified, from time to time
				as the Board, in its sole discretion, determines. Any change to a plan's
				investment policy shall apply prospectively.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841 -
				  348.873
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 14 - INVESTMENT POLICIES › Section 173-014-0005 - Reassignment of Accounts under the Age-Based and Years-to-College Investment Options

Current through Register Vol. 63, No. 7, July 1, 2024
Reassignment of an account under any age-based or years-to-college investment options shall occur at a time and in a manner determined by the board and the appropriate plan manager.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841 - 348.873
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 14 - INVESTMENT POLICIES › Section 173-014-0010 - Investment Direction

Current through Register Vol. 63, No. 7, July 1, 2024
Investment direction by the account owner or designated
				beneficiary of an account is prohibited unless otherwise permitted by section
				529.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841 -
				  348.873
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 15 - CONFIDENTIALITY › Section 173-015-0010 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Individual account information, including, but not limited to, names, addresses, telephone numbers, personal identification information, amounts contributed and earnings on amounts contributed, shall be maintained as confidential, and may be disclosed only as needed to administer the network consistent with the Act, the Code and Oregon tax laws or unless the person providing the information or who is the subject of the information executes and delivers to the appropriate plan its written consent to disclosure. This consent shall be in form and substance satisfactory to the board.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.853(2)
Oregon Administrative Rules › Chapter 173 - OREGON 529 SAVINGS BOARD › Division 16 - MISCELLANEOUS › Section 173-016-0010 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
The executive director may waive non statutory requirements of
				OAR chapter 173 if such a waiver would serve the best interests of the network
				and the board and would not violate the Code.
Stat. Auth.: ORS 348.853(2)
Stats. Implemented: ORS 348.841 -
				  348.873
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0000 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Applicability
: Unless the context requires otherwise, the
			 definitions contained in this Division are generally applicable throughout OAR
			 chapter 177. Specific Divisions may contain the definitions of words specific
			 to that Division. In the event of a conflict, the definition in the specific
			 Division controls the usage of the word in that Division.
(2)
Headings
: Where headings are
			 used throughout OAR chapter 177, they are for the convenience of the user only
			 and are of no substantive effect.
Stat. Auth.: Or. Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.020
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0007 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, other
				than a temporary rule which is adopted in accordance with ORS
				183.335(5), the
				Lottery Director shall give notice of the intended action:
(1)
SOS Bulletin
: In the
			 Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days before
			 the effective date of the intended action;
(2)
Mailing
: By mailing,
			 electronic mailing, or delivering a copy of the notice at least 28 days before
			 the effective date of the intended action to persons on the Lottery Director's
			 mailing list established pursuant to ORS
			 183.335(8) and
			 at least 49 days before the effective date of the intended action to the
			 persons specified in ORS
			 183.335(15);
(3)
Press Room
: By delivering
			 sufficient copies of the notice to the Capitol Press Room to provide one copy
			 to each member of the press that maintains a mail receptacle there at least 28
			 days before the effective date of the intended action; and
(4)
Commission Agenda
: By
			 listing any rule to be adopted, amended, or repealed on the agenda for the
			 Commission's monthly meeting.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.120(2)
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0009 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the Oregon Administrative Procedures Act, the
				Oregon State Lottery adopts the following divisions of Attorney General Model
				Rules of Procedure in OAR chapter 137:
(1) Division 1 Model Rules for Rulemaking in
			 effect on June 30, 2008.
(2)
			 Division 2 Model Rules for Agency Declaratory Rulings in effect on June 30,
			 2008.
(3) Division 5 Collaborative
			 Dispute Resolution Model Rules in effect on November 13, 2018, including, but
			 not limited to, rules on confidentiality and inadmissibility of mediation
			 communications.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or upon request
				  to the Lottery.
Statutory/Other Authority: OR Const. Art. XV § 4(4)(a),
				  ORS
				  36.224,
				  183.341,
				  183.502  & 461.120
Statutes/Other Implemented: OR Const. Art. XV § 4(4),
				  ORS
				  36.224,
				  183.335,
				  183.341,
				  183.390,
				  183.410,
				  183.502,
				  461.100,
				  461.120  & 461.150
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0011

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Authority: ORS
				  36.224
Stat. Implemented: ORS
				  36.224,
				  36.228,
				  36.230 &
				  36.232
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0025 - Director of the Oregon State Lottery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General: The Director shall implement and
			 execute the rules and policies adopted by the Commission, and may adopt such
			 internal operating policies and procedures as the Director may deem
			 appropriate, to promote and insure the integrity, security, honesty, fairness,
			 and efficient administration of the Lottery.
(2) Assistant Directors: The Commission
			 delegates the authority to the Director to discipline, and/or terminate, with
			 or without cause, any or all of the assistant directors at any time. The
			 decision of the Director to discipline and/or terminate an assistant director
			 is final.
(3) Personnel Policies
			 and Procedures: Except for approving the salaries of the Director and the
			 assistant directors, including cost-of-living adjustments, the Director shall
			 have the authority to establish and implement personnel policies and procedures
			 pertaining to the employment, termination, and compensation of all Lottery
			 staff. Such policies and procedures shall conform to generally accepted
			 personnel practices based upon merit principles.
(4) Temporary Administrative Rules: The
			 Director shall have the authority to adopt temporary administrative rules in
			 accordance with the procedures set forth in ORS
			 183.335(5)
			 and (6) upon the Director's
			 signature.
(5) Miscellaneous: The
			 duties and responsibilities of operating a lottery which are not otherwise
			 specified in law, including, but not limited to, statutes and administrative
			 rules, are reserved to the Director subject to review and approval by the
			 Commission.
Statutory/Other Authority: OR Const. Art. XV § 4(4)(a),
				  ORS
				  183.325,
				  461.120  & 461.130
Statutes/Other Implemented: OR Const. Art. XV § 4(4),
				  ORS
				  183.325,
				  461.120,
				  461.130,
				  461.150  & 461.170
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0045 - Contingency Reserve

Current through Register Vol. 63, No. 7, July 1, 2024
The money allotted to the Lottery's contingency reserve fund
				may include amounts retained to fund specific future expenses or may be for
				undesignated purposes. The Lottery shall not include contingency reserve
				expenditures in its calculation of the total annual revenues allocated for
				administrative expenses.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.510
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0050 - Merchandise Prizes

Current through Register Vol. 63, No. 7, July 1, 2024
In the exercise of the Director's discretion, the Director may
				pay the cash value of any merchandise prize in lieu of that prize. The cash
				value of a merchandise prize is the amount that the Lottery paid for the
				merchandise.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.230
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0080 - Sale of Tickets and Shares

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Sales by Retailers
: The
			 Director shall contract with retailers for the sale of Lottery tickets and
			 shares. The contract shall include the terms and conditions and incorporate by
			 reference the rules applicable to the sale of all Lottery tickets and shares
			 sold by the retailer.
(2)
Sales by the Lottery
: The Director may develop procedures for the
			 sale of Lottery tickets and shares directly to the public. The procedures shall
			 contain measures to ensure the accountability and security of all tickets and
			 shares sold to the public by Lottery employees.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.260
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0085 - Unclaimed Prize Money

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 prize not validly claimed within the period specified for claiming a prize in
			 any lottery game shall remain the property of the Commission and shall be
			 allocated to the benefit of the public purpose. The Lottery shall transfer
			 unclaimed prize money when it transfers proceeds allocated to the public
			 purpose.
(2) The Commission
			 delegates to the Director or the Director's designee the authority to set a
			 time period that is shorter than one year to claim prizes in any Lottery
			 game.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.250
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0090 - Child Support Validation Check

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery will use the following procedures as part of the
				validation process before paying any portion of a Lottery prize in excess of
				$600:
(1)
Database
:
			 Lottery information systems personnel shall work with the Division of Child
			 Support of the Department of Justice (DOJ) to maintain a current database on
			 the Lottery's central computer system containing the names and social security
			 numbers of obligors who are delinquent in paying child support
			 obligations.
(2)
Searching
			 the Database
: The Lottery shall enter a prize claimant's name, address,
			 date-of-birth, and social security number into the Lottery's central computer
			 system. The computer shall search the database containing the names of the
			 delinquent child support obligors for a possible match.
(3)
30 Day Hold
: When a claimant
			 is listed in the database and a possible match is found, the Lottery will
			 confirm the match with DOJ. If DOJ responds with a confirmation that the
			 claimant is delinquent on child support payments, the Lottery will place a
			 30-day hold on any payment to the claimant pending initiation of garnishment
			 proceedings. The Lottery will inform the claimant of the hold, immediately
			 notify DOJ by telephone that the Lottery has placed the hold on the prize
			 payment, and transmit a facsimile copy of supporting information to
			 DOJ.
(4)
Garnishment
:
			 If a garnishment proceeding is initiated within the 30-day hold period, the
			 Lottery shall make payment to DOJ when the garnishment is received. If the
			 prize claim exceeds the amount of the garnishment, the Lottery will pay the
			 claimant the balance remaining after deduction of the garnishment and
			 applicable taxes. If the garnishment exceeds the amount of the prize claim, the
			 Lottery will inform the claimant that the entire amount of the prize claim was
			 used to respond to the garnishment.
(5)
Payment of Prize
: If a
			 garnishment proceeding is not initiated within the 30-day hold period, the
			 Lottery will make payment on the prize to the claimant at the end of the 30 day
			 hold period or when DOJ notifies the Lottery that a garnishment proceeding will
			 not be initiated, whichever is sooner.
(6)
Voluntary Release
: Nothing
			 in this section is intended to prevent a prize claimant from voluntarily
			 releasing payment of all or any portion of the claimant's prize towards payment
			 of the claimant's delinquent child support obligations.
Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS
				  461.715
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0094 - Overpayments Recovery Validation Check

Current through Register Vol. 63, No. 7, July 1, 2024
The Lottery will use the following procedures as part of the
				validation process before paying any portion of a Lottery prize in excess of
				$600. These procedures are in addition to any other procedures set forth in OAR
				Chapter 177, including the child support validation check contained in OAR
				177-010-0090.
(1) Database: The Lottery shall work with the
			 Department of Human Services and the Oregon Health Authority to establish and
			 operate a data match system using automated data exchanges with the Department
			 of Human Services and the Oregon Health Authority that identifies persons that
			 have received an overpayment of assistance for which a final order for
			 overpayment has been issued by the Department of Human Services or the Oregon
			 Health Authority under ORS Chapter 183. Any information necessary to identify
			 the person and hold a payment on a Lottery prize must be available to the
			 Lottery's central computer system through the data match system.
(2) Searching the Database: When a Lottery
			 ticket or share is presented at the Lottery for payment for a prize that is in
			 excess of $600, or when a prize winner claims any other prize payment at the
			 Lottery that is in excess of $600, the Lottery shall enter the prize claimant's
			 name, social security number, and any other available identifying information
			 into the Lottery's central computer system. The computer shall search the
			 database containing the names of the persons that have received an overpayment
			 of assistance as described in section (1) of this rule for a possible match.
(3) 30 Day Hold: When a claimant
			 is listed in the database, the Lottery will place a 30-day hold on any prize
			 payment to the claimant. The Lottery will inform the claimant of the hold,
			 notify the Department of Human Services or the Oregon Health Authority that a
			 recipient of an overpayment of assistance has won a Lottery prize in excess of
			 $600 or is entitled to payment in excess of $600 on a Lottery prize.
(a) If Lottery has questions concerning a
			 match, Lottery will confirm the match with the Department of Human Services or
			 the Oregon Health Authority before proceeding. If the department or the
			 authority confirms that the claimant is the obligor on an overpayment of
			 assistance, Lottery will proceed as provided herein.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0100 - Requests and Fees for Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Procedure: Any person may request to
			 inspect or obtain a copy of a "public record" (as defined in ORS
			 192.410(4))
			 which is in the custody of the Lottery.
(2) Reasonable Access: The Lottery will allow
			 reasonable access to any public record in its custody during the Lottery's
			 regular business hours, unless the record is exempt from disclosure. The
			 Lottery may determine the time and manner of inspection or copying to protect
			 the public record and to prevent interference with the regular activities of
			 the Lottery and its employees. The Lottery will determine reasonable access by
			 taking into account the necessity to maintain the fairness, integrity,
			 security, and honesty of the Lottery.
(3) Requests: Any member of the public may
			 request a public record verbally, in writing, or by submitting the request on a
			 Lottery-provided form. Each request must include:
(a) The requestor's contact information;
(b) The identification,
			 description, or type of public record requested; and
(c) The format requested (but the Lottery is
			 not obligated to produce a record in a format other than as it is maintained by
			 the Lottery).
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0105 - Restriction of Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 ensure the safety and security of Lottery premises, employees, operations, and
			 visitors to Lottery facilities and property, the Oregon State Lottery may issue
			 a restriction on access to an individual who has committed prohibited conduct
			 as described in this rule.
(2) For
			 the purposes of this rule, the following definitions apply:
(a) "Prohibited conduct" means conduct that
			 presents or appears to present a threat to the safety or security of Lottery
			 property, employees, visitors, or operations. "Prohibited conduct" includes any
			 conduct regardless of where or when it occurs, so long as the prohibited
			 conduct presents a reasonable threat to the Lottery or Lottery personnel.
			 Examples of prohibited conduct include, but are not limited to:
(A) Causing or threating to cause physical
			 injury to employees or visitors;
(B) Engaging in actions which compromise the
			 safety and health of employees or visitors;
(C) Causing or threatening to cause harm to
			 the family or property of an employee or visitors through written, electronic,
			 or verbal communication;
(D)
			 Causing or threatening to cause damage to premises;
(E) Bringing a deadly or dangerous weapon
			 onto the premises, unless authorized by ORS chapter 166;
(F) Displaying, attempting, or threatening to
			 use any weapon, on or off Lottery premises, that compromises the safety of
			 employees or visitors;
(G) Engaging
			 in harassment as defined in ORS
			 166.065; and
(H) Engaging in telephonic harassment as
			 defined in ORS
			 166.090.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0110 - Lottery Trade or Service Marks

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Public Display
,
Use
,
or Publication of Trademarks and Service Marks
: The
			 Lottery's trademarks and service marks include, but are not limited to, the
			 Lottery's name and logo; game names, logos, and taglines; and licensed game
			 names and logos that the Lottery has contractual authority to use. The public
			 display, publication, or other use of the Lottery's trademarks and service
			 marks is permitted only after the Director or the Director's designee:
(a) Provides written approval of a request
			 for the display, publication, or other use; or
(b) Enters into a license agreement with the
			 requestor for the display, publication, or other use.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0115

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: OR Const. Art. XV § 4(4)(a)
				  & ORS
				  461.120
Statutes/Other Implemented: OR Const. Art. XV § 4 &
				  ORS
				  192.018,
				  192.314,
				  461.120,
				  461.150,
				  646A.622
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 10 - GENERAL PROVISIONS › Section 177-010-0120 - Display and Demonstration of a Trade Show Device at a Trade Show

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definition: For
			 the purposes of this rule, "Trade show device" means a gaming device that would
			 otherwise be a gray machine as described in ORS
			 167.117(9)
			 or a slot machine as described in 167.117(20) except that the device is
			 authorized for display or demonstration purposes at a trade show and the device
			 is displayed and demonstrated by a manufacturer or manufacturer's
			 representative as an example of a model that is currently in production for
			 sale or is scheduled to be in production for sale by the
			 manufacturer.
(2) Trade Show
			 Display: A trade show device approved for display and demonstration at a trade
			 show:
(a) Cannot be used for actual wagering.
			 Any device that accepts any consideration is not authorized under this
			 rule.
(b) Cannot be sold directly
			 from the site of the trade show or while in transit to or from the trade
			 show.
(c) Must have the coin or
			 bill acceptor removed or physically restricted from use so that wagering is not
			 possible.
(d) Must have a sign
			 posted in close proximity to the device that contains the phrase, "No one under
			 21 years of age is allowed to operate this machine." A vendor displaying and
			 demonstrating trade show devices must ensure that minors under the age of 21
			 are not allowed to operate the device.
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, §4(4) & ORS
				  461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0055

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0115

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0130

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0140

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0150

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS
				  461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0170

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0190

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 36 - LOTTERY PROCUREMENT RULES › Section 177-036-0210

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OR Const., Art. XV, ¦4(4) & ORS 461
Stats. Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430 &
				  461.440
Oregon Administrative Rules › Chapter 177 - OREGON STATE LOTTERY › Division 37 - LOTTERY VENDOR DISCLOSURE RULES › Section 177-037-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR 177-038-0000  apply to the terms used in
				this division. In addition, the following definitions apply:
(1) "Control Person" means a person described
			 in ORS
			 461.410.
(2) "General Procurement" means a procurement
			 for those Goods or Services that do not involve sensitive or secure Lottery
			 information, and includes, but is not limited to, office supplies and
			 equipment, media, vehicles, and promotional products. Disclosure requirements
			 governing this classification are contained in OAR 177-037-0050.
(3) "Major Procurement" has that definition
			 as defined in OAR 177-038-0000(22).
(4) "Sensitive Procurement" means a
			 procurement that involves sensitive and secure information and includes, but is
			 not limited to, Goods or Services involving audits for drawings and security,
			 direct access to gaming computer systems, financial systems, receiving or
			 recording of gaming information, locks and keys for terminals, and also
			 includes the Lottery's primary advertising agency. Disclosure requirements for
			 this classification of procurements are contained in ORS
			 461.700 and OAR 177-037-0040.
(5) "Vendor"
			 means, for the purposes of this chapter, any Person interested in providing
			 Goods or Services to the Lottery, but does not include a Lottery game retailer
			 as defined in ORS
			 461.010(7).
Statutory/Other Authority: OR Const., Art. XV, §4(4)
				  & ORS 461
Statutes/Other Implemented: ORS
				  461.400,
				  461.410,
				  461.420,
				  461.430  & 461.440