Mich. Admin. Code R. 432.36 - Retailer performance requirements and terms and conditions; disciplinary action; conference

Rule 36.

(1) A licensee does not have a property interest in the license granted or the on-line lottery terminal.
(2) The commissioner shall establish and provide advance written notice of retailer performance requirements and specific terms and conditions to assure the efficient and effective functioning of the bureau, maintain the bureau's security and integrity, and assure compliance with the act, these rules, contracts with retailers, directives, and other written communications with retailers. The performance requirements and terms and conditions include all of the following:
(a) The weekly minimum sales performance requirement for total game sales shall not be more than a $4,000.00 weekly average.
(b) Reporting changes in ownership and location.
(c) Continued terminal operation.
(d) In-store location, installation, and operation of a terminal.
(e) Promotion and marketing requirements, including the use of promotional materials.
(f) Requirements for the prompt settlement of funds due the bureau for lottery sales or other fees.
(g) Hours of operation, customer service requirements, claims processing, and redemption of winning tickets.
(h) Attendance at training sessions.
(i) Compliance with federal, state, and local laws, rules, and regulations.
(j) Prohibiting participation as a retailer for other lotteries.
(k) Requirements necessary to assure compliance with the act and these rules and to assure the security, integrity, and efficient and effective operation of the bureau.
(3) Violation of the performance requirements or terms and conditions shall result in disciplinary action depending on the nature and severity of the violation. Disciplinary action may include any, or a combination of any, of the following:
(a) Counseling.
(b) Suspension of selling privileges.
(c) Probation.
(d) On-line terminal deactivation.
(e) License revocation.
(4) If the severity of a violation warrants license revocation, then the retailer may request a conference with the commissioner or his or her designee. At the informal conference, the commissioner shall review the alleged violation with the retailer. The retailer shall have the opportunity to refute the alleged violation or to explain the reasons for the violation. After the conference, the commissioner may decide to do any of the following:
(a) Continue the disciplinary action.
(b) Modify or suspend the disciplinary action.
(c) Revoke the retailer's license without benefit of further consideration.


Mich. Admin. Code R. 432.36
1986 AACS; 1998-2000 AACS; 2006 AACS

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