Oregon Administrative Code

177-038-0210 Award Notice If the Lottery chooses to issue an Award following issuance of a Solicitation Document and its review and evaluation of Proposals received in response to a Large Procurement, the Lottery will provide a written notice to all Offerors who submitted an Offe…

177-038-0220 Protest of Large Contract Awards and Alternative Procurements; Appeals; Judicial Review (1) Protest of Large Contract Awards: (a) Award Protest Opportunity: Any Offeror who submitted an Offer in response to a Large Procurement may protest the Award by submitting a pr…

177-038-0230 Negotiations Following Closing, the Lottery may negotiate any Contract terms or conditions with any Offeror if the Lottery determines that negotiation is in the Lottery’s best interests. Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4…

177-038-0240 Contract Amendments (1) Generally: The Lottery may amend a Contract if the Lottery determines that it is in the Lottery’s best interests to do so, subject to the following: (a) Scope: The amended Contract is within the scope and attributes of the Goods and Services d…

177-038-0250 Performance Security For each Major Procurement Contractor shall deliver performance security to the Lottery of the type, in the amount and by the date specified in the Contract, pursuant to ORS 461.430. Performance security must be issued or held by a surety, financ…

177-038-0260 Suspension of Persons (1) Suspension. The Lottery may suspend a Person from an Award of Lottery Contracts for up to three years if: (a) Contract Performance: The Person has performed unsatisfactorily under a Contract or has committed a material breach of a Contract. …

177-040-0000 Definitions For purposes of OAR Chapter 177 Division 40, the following definitions apply except as otherwise specifically provided in OAR Chapter 177 or unless the context requires otherwise: (1) “Age-controlled area” means an area where a natural person who is under…

177-040-0001 General Application Requirements (1) General: Any person may request an application from the Lottery. See OAR 177-040-0017 for additional requirements that apply to some Video Lottery Retailer Contract applications. (2) Disclosure Required: The Director may require a…

177-040-0003 Application for Temporary Lottery Retailer Contract (1) General: For the purposes of this rule, “temporary retailer contract” means a contract issued to a retailer for a temporary period. A temporary retailer contract may be formed subject to such special terms, cond…

177-040-0005 Criteria Precluding Entering Into a Contract The Lottery will not enter into a retailer contract when an applicant: (1) Age: Is under 18 years of age for a traditional Lottery retailer contract or under 21 years of age for a Video LotterySM retailer contract. (2) Exc…

177-040-0010 Personal Criteria Which May Be Grounds for Denial of a Lottery Retailer Contract or a Key Person (1) General Personal Criteria: Before approving or denying an application for a Lottery retailer contract or for a key person, the Director shall consider whether the app…

177-040-0017 Additional Video Lottery Retailer Application Requirements and Lottery Authority to Prevent and Resolve Concentrations (1) General: It is the policy of the Oregon State Lottery to place Video Lottery game terminals in retail businesses which are viable businesses on …

177-040-0024 Compensation Rate Study for Video Lottery Retailers (1) Purpose: The Director of the Oregon State Lottery may conduct a comprehensive Video Lottery retailer compensation study. The compensation study will assist the Lottery Commission in meeting its legal obligation …

177-040-0025 Retailer Compensation — Traditional Lottery Games (1)(a) Traditional Sales Compensation: The Lottery shall pay a retailer eight percent of weekly sales of traditional lottery game tickets or shares offered by the Lottery and sold by the retailer. (b) Calculation of S…

177-040-0026 Retailer Compensation — Video Lottery Games (1) General: The compensation the Lottery shall pay a retailer for the sale of Video Lottery game shares is calculated on a percentage of dollars played during a business year. “Dollars played” means the amount wagered on V…

177-040-0030 Retailer Cash Deposit or Bond If the Director has reason to believe an applicant or retailer may not be financially sound, the Director may require a Lottery retailer to post: (1) Irrevocable Letter of Credit: A $5,000 irrevocable letter of credit issued by a banking…

177-040-0050 Retailer Duties (1) General: This rule contains duties to be performed by a Lottery retailer beyond those duties described in the Lottery retailer contract. The duties listed herein are not meant to be exclusive. Other duties and requirements for retailers may be con…

177-040-0051 Designated Employees and Payment of Prizes (1) Designated Employees: A traditional Lottery retailer must designate employees authorized to redeem winning Lottery tickets and shares. A Video Lottery retailer must designate employees authorized to redeem Video Lottery …

177-040-0052 Non-Sufficient Funds (1) Definitions: For purposes of this rule: (a) “Working day” means a weekday (Monday through Friday) from 8 a.m. to 5 p.m. when Lottery Headquarters is open for business. (b) “NSF” means non-sufficient funds. (2) Retailers with Temporary Contrac…

177-040-0053 Courier Services (1) General Policy: (a) A retailer under contract with the Lottery may facilitate ticket sales through a courier service only pursuant to a written contract with the courier service subject to Lottery’s review and approval and only as provided in thi…

177-040-0055 Advertising Lottery Games and Inducements to Play (1) Prohibitions: (a) A retailer may not conduct false or misleading advertising, in any form, regarding the Lottery or Lottery games including, but not limited to, claiming the odds of winning a Lottery game are diff…

177-040-0061 Casino Prohibition (1) General: The operation of a casino is constitutionally prohibited in the state of Oregon. It is the policy of the Oregon State Lottery to place Video Lottery terminals only in an establishment that does not operate as a casino. The purpose of t…

177-040-0070 Retailer Wheelchair Accessibility Program (1) Purpose: The purpose of this rule is to require that all new and existing Lottery retailers provide and maintain access to Oregon Lottery® games and related services to persons who use wheelchairs. Access to Video Lottery…

177-040-0105 Change Location (1) Any time a Lottery retailer moves its existing business to new premises, the retailer must receive approval from the Lottery before moving the sale of Lottery tickets or shares to the new location. (2) For a change in location to be approved, the …

177-040-0110 Contract Non-Transferable A Lottery retailer contract does not have value, and cannot be sold, transferred, or assigned. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-3…

177-040-0115 Underage Seller No one under the age of 18 may sell Lottery tickets or shares. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: ORS 461.300 History: LOTT 9-2003, f. & cert. ef. 6-30-03 LOTT 2-2003(Temp), f. & cert. ef. 3-1…

177-040-0118 Contract Compliance Actions (1) The Lottery will apply a standardized progressive compliance process to promote consistency and equity in enforcement of the Retailer Contract. Violations will generally be addressed through a sequence of corrective actions that may in…

177-040-0120 Subsequent Application When a retailer contract is terminated for any reason, the retailer, or an applicant that is similar to the retailer whose contract was terminated, will be required to wait one year to reapply for a retailer contract. In the Director’s sole dis…

177-040-0125 Termination of Retailer Contract When An Applicant Does Not Qualify As A Key Person When the Director determines that an applicant does not qualify as a key person, that is grounds for termination of the retailer contract associated with the applicant. Statutory/Othe…

177-040-0130 Adding a Location An existing Lottery retailer may apply for and may receive approval for a contract for an additional location prior to that site being open to the public. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4) & ORS 461 Statutes/Other Implemented: …

177-040-0160 Suspension of OLCC License (1) General: Any Lottery retailer whose liquor license has been suspended by the Oregon Liquor and Cannabis Commission (OLCC) must immediately notify the Lottery of the suspension. (2) Disabling Equipment: The Director shall disable all vid…

177-040-0180 Notice Requirement Lottery retailers who offer video Lottery games must post in a conspicuous place on the retailer’s premises at least one copy of a notice containing information concerning compulsive gambling. Statutory/Other Authority: OR Const. Art. XV, Sec. 4(4)…

177-040-0200 Lottery Retailer Second Chance Drawings Lottery retailers are prohibited from conducting second chance drawings for prizes which require the use of a non-winning Oregon Lottery® ticket or share as an entry into a drawing conducted or operated by the retailer. Statuto…

177-040-0300 Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations (1) General: When the Lottery issues a contract denial, a key person denial, or a contract termination order, the denied contract applicant, the retailer who submitted the…

177-040-0310 Alternative Dispute Resolution Policy The Lottery encourages the use of an alternative dispute resolution process, such as mediation, in disputes arising between a retailer and the Lottery, when such process is appropriate and provides for a more efficient and effect…

177-040-0320 Alternative Dispute Resolution Process (1) Application and Limitations: The Lottery, in its discretion, may agree to an alternative dispute resolution process to resolve a dispute between a retailer and the Lottery subject to the following limitations: (a) No Surrend…

177-045-0000 Definitions For purposes of OAR chapter 177, division 45, the following definitions apply except as otherwise specifically provided in OAR chapter 177 or unless the context requires otherwise: (1) “Concentration of Video Lottery retailers” means: (a) More than three …

177-045-0010 Equipment Management Generally (1) General Equipment Management: The Director of the Lottery shall manage Lottery equipment pursuant to ORS 461.200. The Director may place or remove Lottery equipment on a retailer’s premises when in the judgment of the Director it is…

177-045-0030 Video Lottery Game Terminals (1) Allocation of Terminals: In the exercise of the Director’s discretion and subject to all other requirements, the Director may allocate and reallocate the Lottery’s Video Lottery game terminals among Video Lottery retailers at any time…

177-045-0060 Equipment Loss or Damage (1) Loss Claim Under $2,500: (a) A retailer is responsible for the actual cost of replacing, repairing, or removing lost, damaged, or destroyed Lottery equipment when the loss per occurrence is under $2,500 and the retailer: (A) Failed to exe…

177-045-0080 Finality of Decisions The decisions and determinations of the Director under this Division are final. Statutory/Other Authority: ORS 461 & OR Const. Art. XV & Sec. 4(4) Statutes/Other Implemented: ORS 461.200, 461.217 & 461.300 History: LOTT 9-2004, f. & cert. ef. 5-…

177-046-0010 Purpose The purpose of division 46 is to set forth standardized rule provisions that are applicable to all games offered by the Lottery, except Video Lottery games. Each type of game is set forth in a specific division containing rules unique to that type of game. In…

177-046-0015 Definitions For purposes of divisions 10, 46, 50, 52, 69, 70, 75, 81, 83, 85, 92, 93, 94, 98, and 99, and if specifically cross-referenced in division 200, the following definitions apply, unless another definition is specifically provided or the context requires oth…

177-046-0020 Sale of Lottery Tickets and Shares (1) General: The Director may contract with retailers for the sale of Lottery tickets and shares. Except as provided in section (3) of this rule, only a retailer under contract with the Lottery may sell Lottery tickets or shares. No…

177-046-0022 Player Account (1) General: To play Lottery games digitally, an individual must establish a player account by accurately completing the registration form provided on the mobile app or site. (2) Eligibility: To be eligible to create a player account and play games dig…

177-046-0027 Funding the Player Account (1) General: The Lottery does not hold or manage money on behalf of players. Therefore, to play Lottery games and claim prizes digitally, the player must establish a digital player account as described in OAR 177-046-0022. This includes agr…

177-046-0030 Stolen, Destroyed, or Damaged Lottery Tickets or Shares A Lottery retailer may receive credit for stolen, defective, damaged, or destroyed Lottery tickets or shares only as specified in the specific game rule or in the Lottery retailer contract. Statutory/Other Autho…