Section 65IAC3-3-7. Revocation or suspension of certificate of authority  


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  •    (a) The director may:

    (1) revoke a certificate of authority;

    (2) suspend a certificate of authority for a period of time, as specified by the director;

    (3) refuse to renew a certificate of authority; or

    (4) reject any later-filed application for a new or amended certificate of authority;

    for any of, but not limited to, the reasons contained in subsection (b).

      (b) The director may take any action under subsection (a) for any of the following reasons:

    (1) The retailer provided false or misleading information in obtaining a retailer contract or certificate of authority.

    (2) The retailer no longer meets the eligibility requirements found in IC 4-30 or this article.

    (3) The retailer endangered the security, integrity, or efficient operation of the commission or any lottery game.

    (4) The retailer failed to accurately account for lottery tickets, revenues, or prizes as required by the commission.

    (5) The retailer failed to remit or is delinquent in remitting money owed to the commission or the electronic funds transfer of a retailer is dishonored.

    (6) The retailer committed any fraud, deceit, or misrepresentation to the commission or to any individual purchasing a lottery ticket from the retailer.

    (7) The retailer sold a lottery ticket at any place other than the place authorized and specified in the retailer's contract, certificate of authority, or temporary certificate of authority.

    (8) The retailer violated any rule or regulation promulgated by the commission.

    (9) The retailer violated any written policy directive issued by the director.

    (10) The retailer failed to comply with or materially breached the terms of the retailer contract.

    (11) The retailer has violated any provision of IC 4-30 or IC 35-45-5.

    (12) The retailer is a person whose character is no longer consistent with the dignity and integrity of the state of Indiana.

    (13) The retailer materially changed any factor considered by the commission in selecting the retailer.

    (14) The retailer engaged in conduct prejudicial to public confidence in the lottery.

    (15) The retailer sold lottery tickets for a lottery game prior to the date announced for the commencement of sales for that lottery game or sold tickets after date announced as last sales date for that game.

    (16) The retailer knowingly and without reasonable cause refuses to provide a lottery product upon the request and payment of the ticket price by a ticket purchaser.

    (17) The retailer knowingly cancels a draw ticket without being requested to do so by the owner of the draw ticket.

    (18) The retailer knowingly retains an employee involved in the sale of lottery products who has been convicted of a criminal offense related to the security or integrity of the commission or a lottery in any other jurisdiction.

    (19) The retailer has had a certificate of authority or temporary certificate of authority suspended or revoked at another selling location.

      (c) The revocation of a retailer's certificate of authority will terminate any and all retailer contracts between the retailer and the commission to sell lottery products at the selling location for which the certificate of authority was issued.

      (d) A retailer may not receive or sell lottery products at any location where its certificate of authority for that location is either suspended or has been revoked. (State Lottery Commission; 65 IAC 3-3-7; emergency rule filed Sep 5, 1989, 3:20 p.m.: 13 IR 99; emergency rule filed Nov 20, 1989, 10:05 a.m.: 13 IR 680; emergency rule filed Jan 24, 1990, 4:00 p.m.: 13 IR 1070; emergency rule filed May 7, 1990, 2:10 p.m.: 13 IR 1736; emergency rule filed Jan 29, 1992, 12:00 p.m.: 15 IR 1036; errata filed Mar 10, 1992, 11:00 a.m.: 15 IR 1393; readopted filed Nov 30, 2001, 11:02 a.m.: 25 IR 1268; readopted filed Nov 14, 2007, 3:02 p.m.: 20071212-IR-065070656RFA; emergency rule filed Dec 18, 2009, 10:05 a.m.: 20091230-IR-065090989ERA; emergency rule filed Jul 29, 2010, 3:51 p.m.: 20100804-IR-065100492ERA)