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OREGON STATE LOTTERY

 

DIVISION 10

GENERAL PROVISIONS

177-010-0000

General

(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
Hist.: SLC 8-1985, f. & ef. 6-21-85; LC 4-1990, f. & cert. ef. 4-3-90; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02

177-010-0003

Definitions

(1) “Business day” means the period beginning at 5 a.m. of a calendar day and ending at 4:59 a.m. on the morning of the next calendar day.

(2) “Business week” means the period beginning at 5 a.m. on a Sunday and ending at 4:59 a.m. the following Sunday morning.

(3) “Business year” means the period beginning at 5 a.m. on the Sunday immediately following the last Saturday in June, and ending at the end of the business day of the last Saturday of the following June.

(4) “Commissioner” has that definition as defined in ORS 461.010(2).

(5) “Director” has that definition as defined in ORS 461.010(3).

(6) “Drawing coordinator” means the Lottery employee designated by the Assistant Director for Security, subject to the approval of the Director, to develop and implement procedures for conducting drawings.

(7) “Immediate family” and “family member” mean a natural person’s spouse, child, brother, sister, or parent by blood or adoption.

(8) “Lottery” or “State Lottery” has that definition as defined in ORS 461.010(1).

(9) “Lottery Commission” or “Commission” has that definition as defined in ORS 461.010(4).

(10) “Lottery contract” means any contract entered into by the Lottery for the purchase, lease, or sale of goods or services.

(11) “Lottery contractor” or “contractor” has that definition as defined in ORS 461.010(9).

(12) “Lottery game” or “game” has that definition as defined in ORS 461.010(5).

(13) “Lottery game retailer” or “retailer” has that definition as defined in ORS 461.010(7).

(14) “Lottery Headquarters” means the Debbs Potts Oregon State Lottery Commission building located at 500 Airport Road SE, Salem, Oregon.

(15) “Lottery Kiosk” means a location, other than Lottery Headquarters, where Lottery tickets or shares are sold directly to the public by Lottery employees.

(16) “Lottery sales location” means a Lottery Kiosk, Lottery Headquarters, or sales by the Lottery through electronic means.

(17) “Lottery vendor” or “vendor” has that definition as defined in ORS 461.010(8).

(18) “Person” has that definition as defined in ORS 461.010(6).

(19) “Prize” means any award of economic value, monetary or otherwise, that may be distributed to a Lottery player for submitting a valid claim based on a winning Lottery ticket or share, or for a winning entry in a second chance drawing.

(20) “Retailer contract” means any written contract entered into by the Lottery with a retailer for selling Lottery tickets or shares to the public.

(21) “Second Chance Drawing” or “2nd Chance Drawing” means a drawing in which an eligible non-winning Oregon Lottery® ticket or share is submitted to the Lottery for entry into a drawing for a chance to win a prize.

(22) “Share” means an opportunity to win a prize in a Lottery game that does not use certificates or tokens, such as in Video LotterySM games.

(23) “Ticket” means a certificate or token of the opportunity to win a prize in a Lottery game.

(24) “Traditional Lottery games” means the following lottery games offered by the Oregon State Lottery:

(a) Scratch-itsSM;

(b) Lottery Raffle Game;

(c) MegabucksSM;

(d) Pick 4SM;

(e) Lucky LinesSM;

(f) Powerball®;

(g) Sports ActionSM;

(h) ScoreboardSM;

(i) Win for LifeSM;

(j) Keno;

(k) Mega Millions®,

(l) Second chance drawing; and

(m) Any other Lottery game designated by the Oregon State Lottery Commission as a Traditional Lottery game.

(25) “Unclaimed prize” means any prize offered in a Lottery game which has not been submitted to the Lottery for validation and prize payment within the specified prize claim period and for which the Lottery has data or evidence that the ticket or share was sold or distributed to the public.

(26) “Video LotterySM game retailer” or “Video LotterySM retailer” has that definition as defined in ORS 461.217.

(27) “Video LotterySM game terminal” means a type of video device for the playing of Video LotterySM games which is in a console that contains a game platform with a video display and a random number generator, is connected to and monitored by a central system, and accepts cash payments to permit a person to play the Video LotterySM games offered on the terminal for the opportunity to win a prize. Unless the context or a specially applicable definition indicates otherwise, any reference to a “Video LotterySM terminal”, “video lottery terminal”, or “video terminal” in OAR Chapter 177, a Lottery retailer contract, or Lottery form in effect or in use on or after the effective date of this rule shall be deemed to refer to a “Video LotterySM game terminal” as defined in this section. Video LotterySM Game Terminal does not include any device determined by the Oregon State Lottery Commission not to be a Video LotterySM game terminal.

(28) “Website” means the Lottery’s Internet address at www.oregonlottery.org, or any other website that may be specified by the Lottery for a particular promotion or promotional program.

(29) “Winner claim form” means a form provided by the Lottery to a player for the purpose of claiming a prize.

Stat. Auth.: ORS 461 & OR Const. Art. XV, ¦ 4(4)
Stats. Implemented: ORS 461.020, 461.210, 461.215, 461.217, 461.220 & 461.250
Hist.: LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2004(Temp), f. & cert. ef. 4-6-04 thru 10-1-04; LOTT 6-2004, f. & cert. ef. 5-26-04; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08; LOTT 7-2008, f. 10-31-08, cert. ef. 11-1-08; LOTT 6-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 7-2009, f. 9-28-09, cert. ef. 10-1-09; LOTT 6-2010, f. 3-18-10, cert. ef. 3-21-10; LOTT 1-2013(Temp), f. & cert. ef. 2-1-13 thru 7-27-13; LOTT 2-2013, f. 6-24-13, cert. ef. 7-1-13

177-010-0007

Notice of Proposed Rules

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)
Hist.: LC 5-1990, f. & cert. ef. 4-3-90; LOTT 2-1998, f. & cert. ef. 5-28-98; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0009

Model Rules of Procedure

Pursuant to the Oregon Administrative Procedures Act, the Oregon State Lottery adopts the following Attorney General Model Rules of Procedure, OAR chapter 137, in effect on June 30, 2008.

(1) Division 1 Model Rules for Rulemaking.

(2) Division 2 Model Rules for Agency Declaratory Rulings.

(3) Division 5 Collaborative Dispute Resolution Model Rules.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Lottery Commission.]

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.120(2)
Hist.: LC 5-1990, f. & cert. ef. 4-3-90; LC 6-1993, f. & cert. ef. 7-2-93; LOTT 2-1998, f. & cert. ef. 5-28-98; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 4-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0011

Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded: Sections (6)-(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(c) Mediation in which the only parties are public bodies;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential;

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator: A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial, or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)-(d), (j)-(l) or (o)-(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications: Except as provided in sections (8)-(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement: Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “Agreement to Mediate.”

Agreement to Participate in a Confidential Mediation

The agency and the parties to the mediation agree to participate in a mediation in which the mediation communications are confidential and/or nondiscoverable and inadmissible to the extent authorized by OAR 177-010-0011(7) and this agreement. This agreement relates to the following mediation:

a) ____________________________________________________

(Identify the mediation to which this agreement applies)

b) To the extent authorized by OAR 177-010-0011(7), mediation communications in this mediation are: (check one or more)

___ Confidential and may not be disclosed to any other person.

___ Not admissible in any subsequent administrative proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative proceeding.

___ Not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative, judicial or arbitration proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative, judicial or arbitration proceeding.

c) __________________________________________

Name of Agency

____________________________________________ ____________

Signature of Agency’s authorized representative Date

(when Agency is a party) or Agency employee acting

as the mediator (when Agency is mediating the dispute)

d) __________________________________________

Name of party to the mediation

____________________________________________ _________

Signature of party’s authorized representative Date

e) __________________________________________

Name of party to the mediation

____________________________________________ _________

Signature of party’s authorized representative Date

(9) Exceptions to Confidentiality and Inadmissibility:

(a) Any statements, memoranda, work products, documents, and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation, or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation, or

(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712, or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial, or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege, or

(B) Attorney work product prepared in anticipation of litigation or for trial, or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency, or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation, or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Director determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training, or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

Stat. Authority: ORS 36.224
Stat. Implemented: ORS 36.224, 36.228, 36.230 & 36.232
Hist.: LOTT 4-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0025

Director of the Oregon State Lottery

(1) General: The Director shall implement and execute the rules and policies adopted by the Commission, and may adopt such 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.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.150
Hist.: SLC 13-1986(Temp), f. & ef. 6-13-86; SLC 19-1986, f. & ef. 7-29-86; LC 4-1990, f. & cert. ef. 4-3-90; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0045

Contingency Reserve

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
Hist.: SLC 8-1985, f. & ef. 6-21-85; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0050

Merchandise Prizes

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
Hist.: SLC 9-1986, f. & ef. 5-28-86; LC 4-1990, f. & cert. ef. 4-3-90; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0080

Sale of Tickets and Shares

(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
Hist.: LC 12-1990, f. & cert. ef. 10-2-90; LC 6-1993, f. & cert. ef. 7-2-93; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0085

Unclaimed Prize Money

(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
Hist.: LC 2-1995, f. 4-27-95, cert. ef. 5-1-95; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0090

Child Support Validation Check

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
Hist.: LC 6-1992, f. & cert. ef. 6-23-92; LOTT 8-2002(Temp), f. & cert. ef. 7-15-02 thru 1-3-03; LOTT 20-2002, f. & cert. ef. 9-30-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0100

Requests and Fees for Copies of Public Records

(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 the custody of the Lottery, 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) Written Requests: Unless otherwise provided herein, a request for a public record must be made in writing and delivered in person, by mail, facsimile transmission, or electronic mail to the Oregon State Lottery, P.O. Box 12649, 500 Airport Road S.E., Salem, Oregon 97309. At its discretion, the Lottery may accept oral requests. Each request must include:

(a) The name, address, (if needed for mailing), and telephone number, if any, of the requestor.

(b) The identification, description, or type of the public record requested, and the format of the public record, if known to the requestor.

(c) The number of copies and format requested if a copy of the public record is requested.

(4) Processing Requests: The Lottery will respond to a public records request within a reasonable period of time. Inspection or copying of a public record is contingent upon the number of pending requests and staff availability. Requests normally will be processed in the order they are received. The Director or designee may advise the requestor, if necessary, whether the record may be disclosed, the date, time, and place the requestor may inspect the record or obtain a copy, and the estimated cost of inspection, copying, and other fees as described in this rule. If the requested record contains information exempt from disclosure, the requestor will be furnished a copy of the record with the exempt information redacted, if it is reasonably possible to do so. If it is not reasonably possible to redact the exempt information, the record will not be made available for inspection or copying.

(5) Payment of Costs: The requestor must pay the costs for making the public record available for inspection or for copying as follows:

(a) Notification of Costs: The Lottery will provide the requestor with a written notification of the actual or estimated costs to make the requested public records available for inspection or for providing copies, if the estimated or actual costs exceed $25. The Lottery will not provide the public records until the requestor confirms that the requestor wants the Lottery to proceed with making the requested public records available. The Lottery may also provide the requestor with a written notification if the costs are $25 or less. The Lottery may require that all fees and charges, whether estimated or actual, be paid before the public record is made available for inspection or copies provided.

(b) Estimates: If the Lottery must estimate the costs of making a public record available either for inspection or copying, the estimated costs must be paid before a public record will be made available for inspection or a copy made. The Lottery does not guarantee the accuracy of any estimate provided. If the total actual costs exceed the estimate, the total actual costs must be paid before the records are made available for inspection or copies are made and provided to the requestor. If the total actual cost is less than the estimate, the Lottery will refund the overcharge to the requestor. The Lottery will not refund amounts less than $1.

(c) Requests by Current Lottery Retailers: With the written or electronic authorization of a Lottery retailer, the Lottery may bill a retailer the cost of fulfilling a public records request made by the retailer through the retailer's electronic funds transfer bank account established for Lottery funds. Such amounts will be deducted from the account during the next regularly scheduled electronic debit of the retailer's account or anytime thereafter.

(6) Fees -- General: Unless otherwise provided herein or by law, the Lottery shall charge a fee, in accordance with ORS 192.440, reasonably calculated to reimburse the Lottery for its actual costs of providing a copy of a public record or furnishing a reasonable opportunity to inspect the record.

(7) Fees -- Paper Records: For paper records, the Lottery's charge is 25¢ per page for the first 20 pages and 15¢ per page thereafter to recover the costs of photocopying, or printing from laserfiche, and normal and reasonable staff time to locate, separate, review, redact exempt information, copy, return documents to file, and to otherwise prepare and deliver a public record to a requestor.

(a) "Page" refers to the number of copies produced, either on 8 1/2 x 11 or 8 1/2 x 14 or 8 1/2 x 17 inch paper. Lottery staff will not reduce the copy size or otherwise manipulate a record in order to fit additional records on a page, unless staff concludes that it would be the most effective use of staff time. Consistent with ORS 192.240, all copies will be produced on recycled paper in double-sided print format whenever feasible. A double-sided copy constitutes two pages. Because of the increased staff time involved in double-sided copying, there is no reduction in the fee per page.

(b) A "normal and reasonable" amount of staff time is fifteen minutes or less for each request.

(8) Additional Staff Time Charges: Additional charges for staff time may be made when responding to a public records request that requires more than a "normal and reasonable" amount of staff time for responding to a records request as set forth in this rule.

(a) Lottery Staff: Staff time over fifteen minutes will be charged at the hourly rate of the staff member, who responds to the request, as follows:

(A) Hourly Employees: The Lottery shall charge the actual hourly rate of the employee including benefits.

(B) Salaried Employees: The Lottery shall charge an hourly rate determined by the monthly salary including benefits of the employee divided by the number of hours of work that month based upon an eight hour day.

(b) Oregon Attorney General Staff: If the Lottery uses the services of the Oregon Attorney General's Office in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and non-exempt records, the costs billed to the Lottery by the Attorney General's Office shall be charged to the requestor. The Lottery will not include, in a fee charged under this section, the costs for time spent by the Attorney General's staff in determining the application of the provisions of ORS 192.410 to 192.505 to a request for public records.

(c) Outside Contractors: If the Lottery uses the services of an outside facility or contractor to respond to a public records request, the actual costs incurred by the Lottery shall be billed to the requestor.

(d) Miscellaneous: Unless otherwise provided herein, charges incurred in responding to a public records request include, but are not limited to:

(A) All time spent locating, compiling, sorting, and reviewing records to prepare them for inspection or copying;

(B) All time required to segregate or redact exempt information;

(C) All time required to supervise the inspection of records, including time spent with the requestor while the requestor reviews the public records; and

(D) All time required to copy or format the records.

(9) Fees -- Electronic Reproduction of Records: In addition to the staff time required to respond to a public records request where electronic reproduction is required or if requested is available, the Lottery may provide reproduction media at the following rates:

(a) Diskette, 5 1/4 or 3 1/2: $1 each.

(b) CD: $1 each.

(c) DVD: $1 each.

(d) Video Cassette, 2 hours: $6 each.

(e) Audio Cassette, 60 minutes: $2 each.

(f) The Lottery will not permit a requestor to provide a diskette, CD, or DVD for electronic reproduction of a computer record.

(10) Mailing or Shipping Costs: The Lottery may charge a requestor the actual postage or freight costs for mailing or shipping a copy of a record to the requestor, including, but not limited to, any special charges such as certified mail, express mail, or restricted delivery. Lottery shall determine the manner of shipment.

(11) Faxing Costs: In addition to other fees related to the request, the Lottery shall charge the requestor $1 per public records page when a record is faxed locally or within the state of Oregon. The Lottery shall charge a requestor $5 for the first public records page for out-of-state faxes and $1 per page thereafter. The Lottery will not fax more than 30 pages in response to a public records request.

(12) Certification Costs: When requested, the Lottery shall provide a certified copy of a public record at an additional cost of $5.00 for each certification. Certified copy means a copy which is certified to be a true and accurate copy of the public record requested.

(13) Payment: Unless otherwise provided herein or as directed by the Director, a requestor must pay all fees in advance before the Lottery will release a requested record for inspection or before a copy is made and provided. The requestor may make payment by cash, check, or money order. The check or money order must be made payable to the Oregon State Lottery.

(14) No Charge: The Lottery may provide a single copy of the following items at no charge to a requestor once every 30 days. The Lottery will charge the requestor for an item requested more often than once every 30 days, unless the item has been updated or modified within that timeframe.

(a) Press Release: A single copy of any Lottery press release issued within the 30 days immediately preceding the request.

(b) Minutes and Reports: A single copy of approved Commission minutes for a Commission meeting that occurred within the previous twelve months, including monthly financial, marketing, and sales reports made to the Commission during that meeting.

(c) Rules: A single copy of the Lottery's current administrative rules.

(d) ORS Chapter 461: A single copy of the current Oregon Revised Statutes, Chapter 461.

(e) Lottery Publications: A single copy of a current Lottery publication, unless a price is set for the publication, including, but not limited to, winning numbers, frequency or odds charts, job announcements, problem gambling informational materials and brochures, and newsletters.

(f) Electronic Copies: At the Lottery's discretion, any single record or report readily available electronically from the Lottery which can be provided to the requestor electronically through electronic mail. If a hard copy of such materials is requested, the Lottery shall charge the requestor in accordance with the provisions of this rule. If the request entails preparation of an electronic report using Lottery software which requires more than a normal and reasonable amount of time to prepare, the charges for staff time specified herein apply.

(g) Marketing Materials: A single copy of a currently stocked marketing brochure, pamphlet, flyer, or any similar item, which is normally distributed freely to the public, or to retailers to distribute to the public. This includes, but is not limited to, any item that is intended or used by the Lottery to promote the sale of Lottery tickets or shares; advertise or promote the Lottery or its games; foster good public relations; act as an incentive to purchasers, players, or retailers; publicly disclose odds or numbers of winners in Lottery games; or communicate with the general public or specific market segments.

(h) ADA Format: The Lottery will not charge any extra fee for providing records in an alternative format when required under the Americans with Disabilities Act.

(i) Nominal Expense: The Lottery will not charge a fee if a record can be provided at nominal expense or if the cost to collect the fee would be more than the cost to provide the copy of the record.

(15) Limitation on Waiver: Except as provided in this rule, the Lottery may not reduce or waive fees and must charge the actual costs for making a public record available for inspection or copying, and any related services.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 192.440
Hist.: LC 6-1994, f. 7-22-94, cert. ef. 8-1-94; LOTT 2-1998, f. & cert. ef. 5-28-98; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 2-2006, f. 2-16-06, cert. ef. 3-1-06

177-010-0110

Lottery Trade or Service Marks

(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.

(2) Request Requirements: All requests for display, publication, or other use of the Lottery’s trademarks and service marks must be in writing and must include the following:

(a) A sample showing the proposed use of the trademark or service mark in a display, publication, or other use; and

(b) An explanation of how and where the trademark or service mark will be displayed, published, or otherwise used.

(3) Director’s Approval: The Director or the Director’s designee has sole and exclusive discretion whether or not to approve a request and to determine the conditions applying to use of the trademark or service mark. The Director or the Director’s designee may require the requestor to enter into a licensing agreement before use of a trademark or service mark is authorized.

(4) Rights: This rule shall not be construed to grant or create any right to display, publish, or otherwise use, in any manner, in whole or in part, any of the Lottery’s trademarks or service marks. The Lottery may take any action that the Lottery deems necessary to enforce its rights in its trademarks and service marks.

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)
Stats. Implemented: ORS 461.150
Hist.: LC 4-1994, f. 3-31-94, cert. ef. 4-1-94; Administrative Correction 4-15-98; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

177-010-0120

Display and Demonstration of a Trade Show Device at a Trade Show

(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.

(3) Limitations: For purposes of this rule, a trade show cannot be held at a location or in a manner in which the Oregon State Police Lottery Security Section is encumbered from ensuring compliance with applicable law. For example, a trade show cannot be held in a mobile demonstration van or be conducted simultaneously at multiple locations.

(4) Application: A vendor participating in a trade show must complete, in its entirety, and file an application with the Director for authorization to display, demonstrate, and transport a trade show device at a trade show. The application shall include, but not be limited to:

(a) The full name, address, and telephone number of both the business and the individual initiating the request to display and demonstrate such a device at a trade show;

(b) The title, location, and dates of the trade show;

(c) The full name, address, and telephone number of the sponsor or organizer of the trade show;

(d) The manufacturer of each device;

(e) The serial number of each device;

(f) The model of each device;

(g) The schedule of transport of such a device;

(h) The specific address and location of any intermediary storage sites for the device before or after the trade show; and

(i) The name, address, and telephone number of a person who can be contacted if questions arise regarding any aspect of the authorization, the devices, or the trade show.

(5) Approval: The Director may approve, in writing, an application to display, demonstrate, and transport a trade show device submitted under section (4) upon finding that each device identified in the application is a trade show device and that the applicant will use the trade show device solely for display and demonstration purposes at a trade show that is not open to the public and where minors under the age of 21 are prohibited from operating any trade show device.

(6) Approval to Accompany Machine: Upon approval by the Director, a copy of the Director’s approval to display, demonstrate, and transport a trade show device must accompany the device while in transit to or from the trade show and while the device is at the trade show.

(7) Transport: A trade show device scheduled to be displayed or demonstrated at a trade show must be transported as described in the approval to display, demonstrate, and transport the device. Any variation in the number, type, or serial number of devices to be displayed and demonstrated at a trade show, or of the schedule of the transport of the devices to or from a trade show contained in the authorization shall be immediately reported to the Lottery following notification procedures described in the authorization.

(8) Inspection: Trade show devices displayed or demonstrated at a trade show must be available for inspection by the Oregon State Police Lottery Security Section to assure compliance with applicable law.

(9) Confiscation: A device displayed, demonstrated, transported, or otherwise possessed in violation of this rule or any statute is subject to confiscation by law enforcement officers and may be forfeited and destroyed.

Stat. Auth.: OR Const. Art. XV, Sec. 4 & ORS 461
Stats. Implemented: OL 1999, Ch. 193 & ORS 461.215
Hist.: LOTT 12-1999(Temp), f. & cert. ef. 12-27-99 thru 6-20-00; LOTT 3-2000, f. 3-31-00, cert. ef. 4-3-00; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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