Ill. Admin. Code tit. 11, § 1770.130 - Lost, Stolen, and Damaged Winning Tickets and other Discrepancies
a) Except as
otherwise provided in subsections (b) and (c) of this Section, or Section
1770.145
or
1770.160(d),
no claim for a game prize with respect to any Lottery game shall be honored,
and no prize shall be paid with respect to any such claim, unless the claim is
accompanied by a valid winning ticket for the game and the prize. Each winning
ticket must pass validation and security tests as described in the rules for
the game being played.
b) Whenever
a physical winning ticket is stolen, lost or destroyed after the ticket has
been placed in the hands of a Lottery sales agent or the Department, the
Department may provide for payment of the prize to the winner.
1) If the purported winner furnishes a copy
of his or her claim form and computer-generated claim ticket, and the claim
ticket information matches the Department's validation records, the Chief
Financial Officer and General Counsel of the Department, or their designees,
may jointly authorize payment of the prize. A written statement from the
licensed sales agent or the Department's prize center confirming that the
winning ticket was received may be required prior to payment
authorization.
2) In the event a
claim has been entered into the computer system but the claimant is unable to
produce a claim receipt or, when appropriate, claim ticket, no action will be
taken with respect to the claim until the claim period for the game has
expired. If the ticket and original claim form and claimant's copy of the claim
form remain lost at the conclusion of the claim period for the game in question
and no other person has made a claim to the prize, the Department's Chief
Financial Officer and General Counsel, or their designees, may jointly
authorize payment to the person who originally made the claim.
c) If multiple claims are filed
with respect to the same prize, any claimant to the prize may request an
administrative hearing as provided in the Department's hearing rules (11 Ill.
Adm. Code 1700) and the claims shall be heard in a consolidated hearing during
which each claimant shall be permitted, in turn, to present evidence in support
of his or her claim. No discovery of Department records relating to ticket
procurement or ticket claims shall be allowed. At the conclusion of the
offering of all proofs by all claimants for a prize, the Department shall offer
such evidence as may be available from Department records that will tend to
establish the agent location at which the actual winning ticket was sold,
together with the ticket identification numbers, and the date and time of sale.
The Department's motion for dismissal prior to offering of proofs, accompanied
by the Department's certification that no computer claim record exists with
respect to a purported claim, shall constitute an absolute defense to any claim
for a prize.
d) Lost or Stolen
Mail-in Claims
1) Whenever a player submits a
claim during the valid claim period for a game alleging that a properly
purchased Illinois Lottery ticket was lost or stolen after being deposited in
the U.S. Mail, if one year has elapsed since the date of the on-line drawing
for which the ticket was purchased or one year has elapsed since the announced
end of game for the instant game in question, and no prize has been paid to or
claimed by another person, the Superintendent may declare the ticket to be a
valid winning ticket and authorize payment of the associated prize to the
claimant provided that the following conditions are met:
A) The claimant furnishes a copy of the
ticket or other satisfactory evidence as to the date, time and location of the
ticket purchase for on-line games; the game, location of purchase, and
approximate date of purchase for instant tickets; or such other relevant
information as could only be known by the original purchaser of the
ticket;
B) The claimant establishes
to the satisfaction of the Superintendent that the claimant took reasonable
steps with respect to the security of the ticket and actually deposited the
ticket in the U.S. Mail properly addressed to the Illinois Lottery, and that
the ticket was not lost or stolen due to the player's negligence or
carelessness;
C) One and only one
claimant meets the criteria outlined in subsections (d)(1)(A) and (B);
and
D) The prize claimed is not a
Lotto game grand prize, Lucky Day Lotto game first prize, Mega Millions or
Powerball grand prize or second prize, or instant game prize in excess of
$10,000.
2) Evidence
regarding the date, time and place of purchase will not be considered
satisfactory evidence of ticket purchase if that information has been generally
released to the public by the Department.
Notes
Amended at 36 Ill. Reg. 14356, effective September 14, 2012
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