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.
Notes
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