WSR 02-08-001

PERMANENT RULES

WASHINGTON STATE LOTTERY


[ Filed March 20, 2002, 3:06 p.m. ]

Date of Adoption: March 15, 2002.

Purpose: Clarify rules regarding removal of lottery terminal.

Citation of Existing Rules Affected by this Order: Amending WAC 315-20-010 Removal of lottery terminal when license is suspended or revoked.

Statutory Authority for Adoption: RCW 67.70.040.

Adopted under notice filed as WSR 02-03-108 on January 22, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

March 18, 2002

Mary Jane Ferguson

Rules Coordinator

OTS-5297.1


AMENDATORY SECTION(Amending Order 83, filed 12/16/85)

WAC 315-20-010   Director may temporarily suspend license and remove terminal pending a hearing.   (1) After review and consideration, the director may temporarily suspend a license or addendum thereto issued pursuant to these rules pending a hearing upon suspension or revocation of the license, or issuance of a renewal thereof, when in the opinion of the director:

(a) The lottery retailer has obtained the license or addendum by fraud, trick, misrepresentation, concealment, or through inadvertence or mistake; or

(b) The lottery retailer has engaged in any act, practice or course of operation as would operate as a fraud or deceit on any person, or has employed any device, scheme or artifice to defraud any person; or

(c) The lottery retailer has violated, failed, or refused to comply with any of the provisions, requirements, limitations, or duties imposed by chapter 67.70 RCW and any amendments thereto or any rules adopted by the commission pursuant thereto; or

(d) Immediate cessation of the licensed activities by the lottery retailer is necessary for the protection or preservation of the welfare of the community within which these activities are being conducted.

(2) After review and consideration, if the director determines that a retailer's license shall be revoked or suspended, the lottery shall immediately remove all lottery terminals and material from the retailer's store(s), in order to prevent any financial loss or harm to the integrity of the lottery. The retailer shall have the right to appeal the decision of the director, and, if the retailer prevails in a final court action which is not appealed, the lottery shall bear the cost of reinstallation of the lottery terminal(s).

(3) Notice of such temporary suspension((s)) and/or terminal removal shall be served in accordance with WAC 10-08-110.

[Statutory Authority: RCW 67.70.040. 86-01-060 (Order 83), 315-20-010, filed 12/16/85; 83-13-081 (Resolution No. 24), 315-20-010, filed 6/17/83.]

Washington State Code Reviser's Office