Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 20 - ADMINISTRATION REGULATIONS › Part I - General Parameters › Section 11VAC5-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in any of the
					 agency's regulations shall have the following meanings unless the context
					 clearly indicates otherwise:
"Administrative Process Act" or "APA" means Chapter 40
					 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the Virginia Lottery created by the Virginia
					 Lottery Law (Chapter 40 (§ 58.1-4000 et seq.) of Title 58.1 of the Code of
					 Virginia).
"Appeal" means a proceeding initiated by a retailer,
					 bidder, or offeror (for a contract negotiated on a sole source basis),
					 contractor or individual for an informal conference or formal hearing
					 contesting the director's decision (i) to refuse to issue or renew, to suspend
					 or to revoke a lottery license; or (ii) regarding a procurement action.
"Bank" means any commercial bank, savings bank, savings and
					 loan association, credit union, trust company, and any other type or form of
					 banking institution organized under the authority of the Commonwealth of
					 Virginia or of the United States of America that is designated by the State
					 Treasurer to perform functions, activities or services in connection with the
					 operations of the lottery for the deposit, handling and safekeeping of lottery
					 funds, accounting for those funds and the safekeeping of records.
"Board" means the Virginia Lottery Board established by the
					 Virginia Lottery Law.
"Conference" or "consultation" means a type of appeal in
					 the nature of an informational or factual proceeding of an informal nature
					 provided for in § 2.2-4019 of the Administrative Process Act.
"Conference officer" means the director, or a person
					 appointed by the director, who is empowered to preside at informal conferences
					 or consultations and to provide a recommendation, conclusion or decision in
					 such matter.
"Consideration" means something of value given for a
					 promise to make the promise binding. It is one of the essentials of a legal
					 contract.
"Contract" means a binding agreement, enforceable by law,
					 between two or more parties for the supply of goods or services.
"Depository" means any person, including a bonded courier
					 service, armored car service, bank, central or regional offices of the agency,
					 or any state agency that performs any or all of the following activities or
					 services for the lottery:
1. The safekeeping and distribution of tickets to
					 retailers;
2. The handling of lottery funds;
3. The deposit of lottery funds; or
4. The accounting for lottery funds.
"Director" means the Executive Director of the Virginia
					 Lottery or his designee.
"Electronic funds transfer or "EFT" means a computerized
					 transaction that withdraws or deposits money from or to a bank account.
"Goods" means all material, equipment, supplies, printing,
					 and automated data processing hardware and software.
"Hearing" means agency processes other than those
					 informational or factual inquiries of an informal nature provided in
					 §§ 2.2-4007 and 2.2-4019 of the Code of Virginia and includes only
					 (i) opportunity for private parties to submit factual proofs in formal
					 proceedings as provided in § 2.2-4009 of the Code of Virginia in
					 connection with the making of regulations or (ii) a similar right of private
					 parties or requirement of public agencies as provided in § 2.2-4020 of the
					 Code of Virginia in connection with case decisions.
"Household" means members of a group who reside at the same
					 address.
"Immediate family" means
(i) a spouse and
(ii) any other person residing in the same household as the
					 officer or employee, who is a dependent of the officer or employee or of whom
					 the officer or employee is a dependent.
"Inspection" means the close and critical examination of
					 goods and services delivered to determine compliance with applicable contract
					 requirements or specifications. It is the basis for acceptance or
					 rejection.
"Legal entity" means an entity, other than a natural
					 person, which has sufficient existence in legal contemplation that it can
					 function legally, sue or be sued and make decisions through agents, as in the
					 case of a corporation.
"Lottery" or "state lottery" means the lottery or lotteries
					 established and operated pursuant to Chapter 40 (§ 58.1-4000 et seq.) of
					 Title 58.1 of the Code of Virginia.
"Person" means a natural person and may extend and be
					 applied to groups of persons, as well as a corporation, company, partnership,
					 association, club, trust, estate, society, joint stock company, receiver,
					 trustee, assignee, referee, or any other person acting in a fiduciary or
					 representative capacity, whether appointed by a court or otherwise, and any
					 combination of individuals, as well as all departments, commissions, agencies,
					 and instrumentalities of the Commonwealth, including counties, cities,
					 municipalities, political subdivisions, agencies and instrumentalities
					 thereof.
"Procurement" means the process for obtaining goods or
					 services, including all activities from planning and preparation to processing
					 of a request through the processing of a final invoice for payment.
"Retailer and sales agent" means a person or business
					 licensed by the agency as an agent to sell lottery tickets or shares.
"Sales," "gross sales," "annual sales" and similar terms
					 mean total ticket sales including any discount allowed to a retailer for his
					 compensation.
"Services" means any work performed by an independent
					 contractor where the service rendered does not consist primarily of acquisition
					 of equipment or materials, or the rental of equipment, materials and
					 supplies.
"Sole source" means that only one source is practicably
					 available to furnish a product or service.
"Surety bond" means an insurance agreement in which a third
					 party agrees to be liable to pay a specified amount of money to the agency in
					 the event the retailer fails to meet his obligations to the agency.
"Transaction" means any matter considered by any
					 governmental or advisory agency, whether in a committee, subcommittee, or other
					 entity of that agency or before the agency itself, on which official action is
					 taken or contemplated.
"Vendor" means one who provides goods or services to the
					 agency.
"Virginia Lottery Law" means Chapter 40 (§ 58.1-4000
					 et seq.) of Title 58.1 of the Code of Virginia.
Statutory Authority: §§ 2.2-4007.02 and
						58.1-4007 of the Code of Virginia (11VAC5-11-10,
						11VAC5-11-20 ).
§ 58.1-4007 of the Code of Virginia (all other
						sections).