South Dakota Administrative Code

Rule 47:06:05:20 Repealed. 47:06:05:20. Decision of the director.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:21 Filing of decision. 47:06:05:21. Filing of decision. A copy of all decisions of the hearing examiner and the secretary shall be kept on file by the Department of Labor and Regulation. Such decisions shall be open for inspection. Source: SL 1975, ch 16, § 1; 9 SDR…

Rule 47:06:05:22 Application for hearing for reviewing account status, rate of contribution, or whether services constitute employment. 47:06:05:22. Application for hearing for reviewing account status, rate of contribution, or whether services constitute employment. An employer …

Rule 47:06:05:23 Repealed. 47:06:05:23. Conduct of hearings for reviewing account status, rate of contribution, or whether services constitutes employment.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:24 Repealed. 47:06:05:24. Notice of time and place of hearing on employer application or on initiative of the secretary.Repealed. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 21 SDR 86, effective November 10, 1994.

Rule 47:06:05:25 Repealed. 47:06:05:25. Failure of employer making application for hearing to appear.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:26 Repealed. 47:06:05:26. Deposition or briefs in lieu of personal appearance on employer application for hearing.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:27 Repealed. 47:06:05:27. Objection to departmental representative.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:06:05:28 Repealed. 47:06:05:28. Administrative decision on employer application for hearing to the director.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

48:01:01:01. Definitions. Terms used in this article are defined as follows: (1) "Bar code," an array of rectangular marks and spaces used for electronic ticket identification and validation; (2) "Chain," a group of two or more retail establishments that are owned, leased, or oth…

48:01:02:01. Retailer's license application and renewal -- Fee. Any person selling instant and on-line tickets must be licensed for each retail location where sales occur. The application fee for a person applying to be licensed as an instant and on-line lottery retailer is one t…

Rule 48:01:02:02 Sales by lottery directly. 48:01:02:02. Sales by lottery directly. The lottery may sell tickets at its offices and at other locations. Source: 14 SDR 53, effective October 11, 1987. General Authority: SDCL 42-7A-4, 42-7A-21. Law Implemented: SDCL 42-7A-4, 42-7A-2…

Rule 48:01:02:03 Repealed. 48:01:02:03. Off-premise location.Repealed. Source: 14 SDR 53, effective October 11, 1987; repealed, 17 SDR 51, effective October 8, 1990.

Rule 48:01:02:04 Repealed. 48:01:02:04. Term of contract.Repealed. Source: 14 SDR 53, effective October 11, 1987; repealed, 17 SDR 51, effective October 8, 1990.

Rule 48:01:02:05 Repealed. 48:01:02:05. Renewal of contract.Repealed. Source: 14 SDR 53, effective October 11, 1987; repealed, 17 SDR 51, effective October 8, 1990. Rule 48:01:02:05.01 Notification of change of address or ownership interest. 48:01:02:05.01. Notification of change…

Rule 48:01:02:05.01 Notification of change of address or ownership interest. 48:01:02:05.01. Notification of change of address or ownership interest. A retailer must notify the lottery 30 days in advance of a change of address of the business location or change of ownership inter…

Rule 48:01:02:06 Criteria for suspension or cancellation of retailer's contract. 48:01:02:06. Criteria for suspension or cancellation of retailer's contract. The executive director may suspend or cancel a retailer's contract for any one or more of the following reasons: (1) If th…

Rule 48:01:02:07 Hearing on suspension or cancellation of retailer's contract. 48:01:02:07. Hearing on suspension or cancellation of retailer's contract. A hearing regarding the proposed suspension or cancellation of a retailer's contract shall be conducted by the commission in a…

Rule 48:01:02:08 Ticket sales prohibited after contract ended -- Final accounting. 48:01:02:08. Ticket sales prohibited after contract ended -- Final accounting. No sales may be made by a retailer from the date of receipt of a notice of suspension or cancellation of the contract.…

Rule 48:01:02:09 Repealed. 48:01:02:09. Display of promotional material -- Seasonal retailers. Repealed. Source: 14 SDR 53, effective October 11, 1987; 17 SDR 51, effective October 8, 1990; repealed, 39 SDR 100, effective December 5, 2012.

Rule 48:01:02:10 Inspections. 48:01:02:10. Inspections. All retailers must allow inspections during normal business hours by authorized representatives of the lottery to determine compliance with the provisions of SDCL 42-7A and this article. Source: 14 SDR 53, effective October …

Rule 48:01:02:11 Communication fees and credits. 48:01:02:11. Communication fees and credits. A retailer selling instant and on-line tickets shall be assessed a weekly charge of $12.93 for communication fees. Any retailer selling $5,000 or more in instant tickets in a single quar…

Rule 48:01:03:01 Ticket distribution. 48:01:03:01. Ticket distribution. Tickets for each instant lottery game shall be distributed to retailers in the following manner: (1) The lottery shall deliver the initial ticket inventory to the retailer. Retail sales of each instant game m…

Rule 48:01:03:02 Ticket sales price. 48:01:03:02. Ticket sales price. The purchase price shall be printed on the front of each ticket. Source: 14 SDR 53, effective October 11, 1987; 18 SDR 117, effective January 12, 1992; 20 SDR 166, effective April 12, 1994. General Authority: S…

Rule 48:01:03:03 Tickets to be sold in pack order. 48:01:03:03. Tickets to be sold in pack order. Retailers shall sell tickets in pack order. Source: 14 SDR 53, effective October 11, 1987; 39 SDR 100, effective December 5, 2012. General Authority: SDCL 42-7A-4(1)(4), 42-7A-21(6)(…

Rule 48:01:03:04 Payment of bill for lottery tickets. 48:01:03:04. Payment of bill for lottery tickets. Upon receipt of the billing, a retailer shall pay the lottery in full for tickets sold by the retailer. The retailer shall remit payment to the lottery by electronic transfer o…

Rule 48:01:03:05 Ticket commission. 48:01:03:05. Ticket commission. A retailer shall receive a commission of five percent of the sales price of each ticket sold. Source: 14 SDR 53, effective October 11, 1987; 18 SDR 117, effective January 12, 1992; 20 SDR 166, effective April 12,…

Rule 48:01:03:06 Incentive programs. 48:01:03:06. Incentive programs. Any game may include a retailer incentive program. The incentive shall not exceed one percent of gross sales. The formula used to determine incentives shall be the same for all participating retailers in a part…

Rule 48:01:03:07 Purchase of ticket is compliance agreement. 48:01:03:07. Purchase of ticket is compliance agreement. By purchasing a ticket, the player agrees to comply with SDCL 42-7A and this title. Source: 14 SDR 53, effective October 11, 1987. General Authority: SDCL 42-7A-2…

Rule 48:01:03:08 Ticket sales final. 48:01:03:08. Ticket sales final. All ticket sales to the public are final and no ticket returns may be accepted by retailers. Source: 14 SDR 53, effective October 11, 1987. General Authority: SDCL 42-7A-21. Law Implemented: SDCL 42-7A-21

Rule 48:01:03:09 Ticket exchange prohibited. 48:01:03:09. Ticket exchange prohibited. Retailers are prohibited from exchanging tickets with other retailers. Source: 14 SDR 53, effective October 11, 1987. General Authority: SDCL 42-7A-21. Law Implemented: SDCL 42-7A-21

Rule 48:01:03:10 Unaccounted tickets. 48:01:03:10. Unaccounted tickets. Tickets that cannot be accounted for by a retailer, regardless of the reason, are the responsibility of the retailer. If a retailer claims that unaccounted tickets were stolen or lost, the retailer may reques…

Rule 48:01:03:11 Lost or stolen tickets. 48:01:03:11. Lost or stolen tickets. The lottery commission and executive director are not responsible for lost or stolen tickets. Source: 14 SDR 53, effective October 11, 1987. General Authority: SDCL 42-7A-21. Law Implemented: SDCL 42-7A…

Rule 48:01:04:01 Types of instant games and selection of winning tickets. 48:01:04:01. Types of instant games and selection of winning tickets. The instant game is played by scratching the latex covering off the front of a ticket to expose the play symbols underneath. Instant gam…

Rule 48:01:04:02 Publication of printed promotional material. 48:01:04:02. Publication of printed promotional material. The executive director shall publish printed promotional material or have printed on the ticket for each instant game information which includes the following: …

Rule 48:01:04:03 Unplayable portions of ticket. 48:01:04:03. Unplayable portions of ticket. Any portion of a ticket which contains extraneous matter that is not part of the ticket's design or any flaw which renders the ticket unreadable is considered to be unplayable. Source: 14 …

Rule 48:01:04:04 Ticket play to be by chance. 48:01:04:04. Ticket play to be by chance. Retailers may not play or sell instant game tickets by any method other than fair chance. Each ticket must have an equal and random chance of winning. Source: 14 SDR 53, effective October 11, …

Rule 48:01:04:05 Ticket validation requirements. 48:01:04:05. Ticket validation requirements. To be a valid ticket, all requirements unique to a particular instant game and all of the following requirements must be met: (1) Play symbols, play symbol captions, the retailer validat…

Rule 48:01:04:06 Replacement of invalid or defective ticket. 48:01:04:06. Replacement of invalid or defective ticket. Any ticket not passing all the validation requirements unique to a particular instant game and those listed in § 48:01:04:03 is void and no prize may be paid. The…

Rule 48:01:04:07 Deadline for claiming prizes. 48:01:04:07. Deadline for claiming prizes. All instant game prizes must be claimed within 180 days of the announced end of the game or, in the case of a drawing prize, within 180 days after the drawing in which the prize was won. Any…

Rule 48:01:04:08 Entry in instant game drawing process. 48:01:04:08. Entry in instant game drawing process. Any instant game may include a drawing process in which cash or merchandise prizes are awarded. The means of entering and the prizes to be awarded shall be published in pro…

Rule 48:01:04:09 Procedure for instant game drawings. 48:01:04:09. Procedure for instant game drawings. Instant game drawing winners shall be randomly selected pursuant to the drawing procedures approved by the executive director, which shall include the following: (1) The time a…

Rule 48:01:04:10 Highest instant prize to be paid. 48:01:04:10. Highest instant prize to be paid. Only the highest instant prize amount shall be paid on a given ticket. Source: 14 SDR 53, effective October 11, 1987. General Authority: SDCL 42-7A-21. Law Implemented: SDCL 42-7A-21…

Rule 48:01:04:11 Procedure for claiming prize of $100 or less. 48:01:04:11. Procedure for claiming prize of $100 or less. To claim an instant game cash prize of $100 or less, a player must either present the winning ticket to any instant game retailer or mail or hand deliver the …

48:01:04:12. Procedure for claiming prize of more than one hundred dollars. To claim an instant game prize of: (1) More than five thousand and one dollars or any noncash prize, a player shall complete the back of the winning ticket and fill out a claim form obtained from any reta…

Rule 48:01:04:13 Acceleration of payment prohibited. 48:01:04:13. Acceleration of payment prohibited. The payment of prize money may not be accelerated before its normal date of payment except in the event of the death of a prize winner during the annuity payment period. The comm…

Rule 48:01:04:14 Replacement of disputed ticket. 48:01:04:14. Replacement of disputed ticket. If a winning ticket for an instant game bearing the player's signature in the area designated is not validated by the executive director and the invalidation is disputed by the player, t…

48:01:04:15. Ownership of ticket -- Payment of prize. Until a signature is placed on the back of a ticket in the space designated, the ticket is owned by the physical possessor of the ticket. When a signature is placed on the back of a ticket in the space designated, the player w…

Rule 48:01:04:16 Prizes claimed in error. 48:01:04:16. Prizes claimed in error. The lottery commission and executive director are not responsible for instant game tickets claimed by a player in error for a lower prize paid by a retailer. Source: 14 SDR 53, effective October 11, 1…

Rule 48:01:04:16.01 Disclosure of winner. 48:01:04:16.01. Disclosure of winner. The lottery may publish the name, city, state of residence, and prize amount of instant game winners. Source: 20 SDR 166, effective April 12, 1994; 30 SDR 52, effective October 28, 2003. General Autho…