A. Any retail contract executed by the Oklahoma Lottery Commission pursuant to the Oklahoma Education Lottery Act shall specify the reasons for which a contract may be canceled, suspended, revoked, or terminated by the Commission, which reasons shall include but not be limited to:
1. Commission of a violation of the Oklahoma Education Lottery Act, a rule, or a policy or procedure of the Commission;
2. Failure to accurately or timely account for lottery tickets, lottery games, revenues, or prizes as required by the Commission;
3. Commission of any fraud, deceit, or misrepresentation;
4. Insufficient sales;
5. Conduct prejudicial to public confidence in the lottery;
6. The retailer filing for or being placed in bankruptcy or receivership;
7. Any material change in any matter considered by the Commission in executing the contract with the retailer, as determined in the sole discretion of the Commission; or
8. Failure to meet any of the objective criteria established by the Commission pursuant to the Oklahoma Education Lottery Act.
B. If, in the discretion of the executive director or designee, cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of Oklahoma, the executive director or designee may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, any contract issued pursuant to the Oklahoma Education Lottery Act. A contract may be temporarily suspended by the executive director or designee without prior notice pending any prosecution, hearing, or investigation, whether by a third party or by the executive director. A contract may be suspended, revoked, or terminated by the executive director or designee for any one or more of the reasons enumerated in this section. Any hearing held shall be conducted by the executive director or designee. A party to the contract aggrieved by the decision of the executive director or designee may appeal the adverse decision to the board of trustees of the Oklahoma Lottery Commission. The appeal shall be pursuant to the rules set by the board and is not subject to Article II of the Administrative Procedures Act.
Added by Laws 2003, c. 58, § 21, adopted at election held on Nov. 2, 2004.
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