(1) All prizes
shall be paid within a reasonable time after they are awarded and after the
claims are verified by the Director. The date of the first installment payment
of each prize requiring annual payments shall be the commencement date of the
payments and a payment shall be made on or about the anniversary date of the
drawing thereafter in accordance with the type of prize awarded. The Director
may, at any time, delay any payment in order to review a change of
circumstances relative to the prize awarded, the payee, the claim or any other
matter that may have come to his or her attention. All delayed payments will be
brought up to date immediately upon the Director's confirmation and continue to
be paid on each original anniversary date thereafter. If any prize is payable
for the life of the prize winner, the measuring life shall be the natural life
of the individual whose name appears on the ticket pursuant to
961
CMR
2.39. Only a natural person may claim
such a prize and, if claiming on behalf of a group, corporation or the like,
the life of such natural person claiming shall be the measuring life.
(2)
High-frequency Prize
Winner.
(a) The Director may
conduct an internal review of a High-frequency Prize Winner, as defined in
961
CMR
2.03, to determine if the submission of
at least 20 claims for Lottery prizes, each with a value of at least $1,000.00,
within any period of 365 days, is factually or statistically improbable. If the
Director makes such a determination of factual or statistical improbability,
the Director may impose a prize claim suspension, as provided in
961
CMR
2.43(2)(b).
(b)
Penalties. The
Director may impose a prize claim suspension, as follows:
1.
First Violation.
A High-frequency Prize Winner shall be suspended from claiming lottery prizes,
with a value of $600 or more, for a period not to exceed 90 days.
2.
Second Violation.
A High-frequency Prize Winner shall be suspended from claiming lottery prizes,
with a value of $600 or more, for a period not to exceed 180 days.
3.
Third Violation.
A High-frequency Prize Winner shall be suspended from claiming lottery prizes,
with a value of $600 or more, for a period not to exceed 365 days.
(c)
Hearings on Prize
Claim Suspensions. A High-frequency Prize Winner shall be entitled
to a hearing before any prize claim suspension goes into effect, provided that
the hearing request is in writing and received by the Director before the 21st
calendar day from the date which appears on the suspension notice.
The hearing shall be conducted by the Director or their
designee. If the High-frequency Prize Winner is aggrieved by the decision of
the Director, they may appeal to the Commission for a hearing pursuant to
M.G.L. c. 30A. Any such appeal shall be in writing and made within 30 days of
the Director's level decision.
In accordance with M.G.L. c. 30A, § 11(7), if less than a
majority of the Commissioners of the Massachusetts State Lottery Commission are
present at a hearing, no party shall be entitled to a tentative or proposed
decision unless such party makes a written request in advance for such
tentative or proposed decision.
Notes
Amended by
Mass
Register Issue 1317, eff.
7/15/2016.
Amended by
Mass
Register Issue 1376, eff.
7/27/2018.
Amended by
Mass
Register Issue 1443, eff.
4/21/2021.
Amended by
Mass
Register Issue 1447, eff.
4/21/2021.
Amended by
Mass
Register Issue 1487, eff.
1/3/2023
(EMERGENCY).
Amended by
Mass
Register Issue 1492, eff.
1/3/2023
(COMPLIANCE).
Amended by
Mass
Register Issue 1509, eff. 11/7/2023
(EMERGENCY).
Amended by
Mass
Register Issue 1514, eff.
11/7/2023.
