OAR 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 denied key person application, or the terminated Lottery retailer may request that the Lottery reconsider the denial or contract termination order.

(2)

Form of Request: Each denial or contract termination order issued by the Lottery will inform the applicant or the retailer of the right to request reconsideration of the denial or contract termination order. Each request for reconsideration must meet the following requirements:

(a)

The request for reconsideration must be submitted in writing within 60 days of the date of the denial or termination;

(b)

The request for reconsideration must allege either a change in circumstances or it must provide additional information sufficient to show that the circumstances which are the basis for the order should not result in denial or termination or are fully corrected or resolved.

(3)

Lottery’s Response: The Lottery will take one of the following actions on a request for reconsideration:

(a)

Approval of the Request: If the Director determines the change in circumstances or information submitted in the request for reconsideration adequately addresses, corrects, or resolves the issues which were the basis for the denial or termination order, the request for reconsideration will be granted, and the denial or termination order will be rescinded.

(b)

Denial of the Request: If the Director determines that the change in circumstances or information submitted in the request for reconsideration does not adequately address, correct, or resolve the issues which were the basis for the denial or termination order, the Director will deny the request for reconsideration.

(c)

Order on Reconsideration:

(A)

If the Director determines that the information submitted only partially addresses, corrects, or resolves the issues which were the basis for the denial or termination order, the Director will issue a new order denying the application or terminating the contract. The new order, as appropriate, will delete from or add to the bases for denial or termination in the original order.

(B)

If, at any time, the Director determines that there is an additional basis for denial of a contract or key person application, or termination of the contract, the Director may issue a new or amended denial or termination order.

(d)

Director’s Determinations: The Director’s determinations are final for purposes of responding to requests for reconsideration.

Source: Rule 177-040-0300 — Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=177-040-0300.

177‑040‑0000
Definitions
177‑040‑0001
General Application Requirements
177‑040‑0003
Application for Temporary Lottery Retailer Contract
177‑040‑0005
Criteria Precluding Entering Into a Contract
177‑040‑0010
Personal Criteria Which May Be Grounds for Denial of a Lottery Retailer Contract or a Key Person
177‑040‑0017
Additional Video Lottery Retailer Application Requirements and Lottery Authority to Prevent and Resolve Concentrations
177‑040‑0024
Compensation Rate Study for Video Lottery Retailers
177‑040‑0025
Retailer Compensation — Traditional Lottery Games
177‑040‑0026
Retailer Compensation — Video Lottery Games
177‑040‑0030
Retailer Cash Deposit or Bond
177‑040‑0049
Video Lottery Terminal Management During State of Emergency
177‑040‑0050
Retailer Duties
177‑040‑0051
Designated Employees and Payment of Prizes
177‑040‑0052
Non-Sufficient Funds
177‑040‑0055
Advertising Lottery Games and Inducements to Play
177‑040‑0061
Casino Prohibition
177‑040‑0070
Retailer Wheelchair Accessibility Program
177‑040‑0105
Change Location
177‑040‑0110
Contract Non-Transferable
177‑040‑0115
Underage Seller
177‑040‑0120
Subsequent Application
177‑040‑0125
Termination of Retailer Contract When An Applicant Does Not Qualify As A Key Person
177‑040‑0130
Adding a Location
177‑040‑0160
Suspension of OLCC License
177‑040‑0180
Notice Requirement
177‑040‑0200
Lottery Retailer Second Chance Drawings
177‑040‑0300
Request for Reconsideration for Contract Denials, Key Person Denials, and Contract Terminations
177‑040‑0310
Alternative Dispute Resolution Policy
177‑040‑0320
Alternative Dispute Resolution Process
Last Updated

Jun. 8, 2021

Rule 177-040-0300’s source at or​.us