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23-115-207. Rulemaking.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-207. Rulemaking.
(a) The Office of the Arkansas Lottery may adopt rules regulating the conduct of lotteries in general, including without limitation rules specifying:
(1) The types of lotteries to be conducted;
(2)(A) The sale price of tickets or shares and the manner and method of sale.
(B) [Repealed.]
(3) The number and amount of prizes;
(4) The method and location of selecting or validating winning tickets or shares;
(5) The manner and time of payment of prizes, including without limitation lump-sum payments or installments over a period of years;
(6)(A) The manner of payment of prizes to the holders of winning tickets or shares.
(B) Winners of five hundred dollars ($500) or less may claim prizes from any of the following:
(i) A retailer; or
(ii) The office.
(C) Winners of more than five hundred dollars ($500) but a dollar amount less than the threshold for federal tax withholding on gambling winnings may claim prizes from:
(i) The office; or
(ii) A super retailer.
(D)(i) Winners of a dollar amount that exceeds the threshold for federal tax withholding on gambling winnings shall claim prizes from the office.
(ii) The office may establish claim centers throughout the state;
(7) The frequency of lotteries and drawings or selection of winning tickets or shares;
(8) The means of conducting drawings;
(9)(A) The method to be used in selling tickets or shares.
(B) The selling of tickets or shares may include the use of electronic or mechanical devices.
(C) If the office elects to use electronic or mechanical devices to sell tickets or shares, the office shall provide by rule:
(i) Specifications and required features for electronic or mechanical devices that may be used to sell tickets or shares; and
(ii) Procedures and re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-115-207
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 40cc0f00b8b8fc7f1af7346a6e995035bce77a46ef0e52b24b391c4c55a91064
Source location: content.xml paragraph 65875
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23-115-207. Rulemaking.
(a) The Office of the Arkansas Lottery may adopt rules regulating the conduct of lotteries in general, including without limitation rules specifying:
(1) The types of lotteries to be conducted;
(2)(A) The sale price of tickets or shares and the manner and method of sale.
(B) [Repealed.]
(3) The number and amount of prizes;
(4) The method and location of selecting or validating winning tickets or shares;
(5) The manner and time of payment of prizes, including without limitation lump-sum payments or installments over a period of years;
(6)(A) The manner of payment of prizes to the holders of winning tickets or shares.
(B) Winners of five hundred dollars ($500) or less may claim prizes from any of the following:
(i) A retailer; or
(ii) The office.
(C) Winners of more than five hundred dollars ($500) but a dollar amount less than the threshold for federal tax withholding on gambling winnings may claim prizes from:
(i) The office; or
(ii) A super retailer.
(D)(i) Winners of a dollar amount that exceeds the threshold for federal tax withholding on gambling winnings shall claim prizes from the office.
(ii) The office may establish claim centers throughout the state;
(7) The frequency of lotteries and drawings or selection of winning tickets or shares;
(8) The means of conducting drawings;
(9)(A) The method to be used in selling tickets or shares.
(B) The selling of tickets or shares may include the use of electronic or mechanical devices.
(C) If the office elects to use electronic or mechanical devices to sell tickets or shares, the office shall provide by rule:
(i) Specifications and required features for electronic or mechanical devices that may be used to sell tickets or shares; and
(ii) Procedures and requirements to prevent the use of electronic or mechanical devices by an individual under eighteen (18) years of age.
(D) A retailer who knowingly allows a person under eighteen (18) years of age to purchase a lottery ticket from an electronic or mechanical device is subject to the penalties under § 23-115-901.
(E) The office shall publish a notice on the office's public website that provides the location, including without limitation the street address, of each self-service lottery ticket vending machine in operation in this state;
(10) The manner and amount of compensation to retailers; and
(11) Any other matters necessary, desirable, or convenient toward ensuring the efficient and effective operation of lotteries, the continued entertainment and convenience of the public, and the integrity of the lotteries.
(b) The office may adopt rules requiring the publication on a ticket or share of the odds of winning a particular lottery game.
(c)(1)(A) Except as provided in subdivision (c)(1)(B) of this section, the promulgation of rules under this chapter shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(B) The office is not required to file rules under § 10-3-309.
(2)(A) The promulgation of rules by the office is exempt from § 10-3-309.
(B) The office shall file its rules with the Legislative Council for review and approval at least thirty (30) days before the expiration of the public comment period.
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Arkansas Code — all titles (historical 2020) · legal_authorities
10-3-309. Review and approval of state agency rules — Definitions.
(a)(1)(A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules.
(B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.
(2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.
(b) As used in this section:
(1)(A) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.
(B) “Rule” does not mean:
(i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;
(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;
(iii) Intraagency memoranda; or
(iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation:
(a) Current Procedural Terminology codes;
(b) Healthcare Common Pro
Source: Arkansas Code — historical release 78 (November 6, 2020) · 10-3-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 10-3-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-901. Sale of ticket or share to person under 18 years of age prohibited — Penalty.
(a) A retailer who knowingly sells a ticket or share to a person under eighteen (18) years of age or permits a person under eighteen (18) years of age to play a lottery is guilty of a violation and subject to the following penalties:
(1) A fine not to exceed two hundred fifty dollars ($250) for a first violation;
(2) For a second violation within a forty-eight-month period:
(A) A fine not to exceed five hundred dollars ($500); and
(B) Suspension of the retailer license issued under § 23-115-601 et seq. for a period not to exceed two (2) days;
(3) For a third violation within a forty-eight-month period:
(A) A fine not to exceed one thousand dollars ($1,000); and
(B) Suspension of the retailer license issued under § 23-115-601 et seq. for a period not to exceed seven (7) days;
(4) For a fourth or subsequent violation within a forty-eight-month period:
(A) A fine not to exceed two thousand dollars ($2,000); and
(B) Suspension of the retailer license issued under § 23-115-601 et seq. for a period not to exceed fourteen (14) days; and
(5) For a fifth or subsequent violation within a forty-eight-month period, the retailer license issued under § 23-115-601 et seq. may be revoked.
(b) An employee of a retailer who violates this section is subject to a fine not to exceed one hundred dollars ($100) per violation.
(c) It is an affirmative defense to a prosecution under this section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale.
(d) A person convicted of violating any provision of this section whose retailer license is suspended or revoked upon conviction shall surrender to the court his or her retaile
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-115-901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.