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23-115-609. Judicial relief.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-609. Judicial relief.
(a)(1) If the decision of the hearing officer under § 23-115-608 is to affirm the closure of the business, the decision shall be submitted in writing and delivered by the United States Postal Service or by hand to the retailer.
(2) The retailer may seek judicial relief from the decision by filing suit within twenty (20) calendar days of the date of the decision.
(b)(1) Jurisdiction for a suit under this section to contest a determination of the Director of the Office of the Arkansas Lottery shall be in Pulaski County Circuit Court, where the matter shall be tried de novo.
(2)(A) If the circuit court finds that the business closure order was appropriately issued by the director, the circuit court shall issue an injunction against the retailer prohibiting the further operation of the business.
(B) If a business subject to an injunction issued by the circuit court as provided in this subchapter continues in operation, upon conviction, any person responsible for the decision to operate the business after the issuance of the injunction shall be guilty of a Class A misdemeanor.
(3) An appeal may be made from the circuit court to the appropriate appellate court, as provided by law.
(c) The procedures established by § 23-115-608 and this section are the sole methods for seeking relief from a written decision to close the business of a retailer for failure to comply with § 23-115-605(b).
(d) The decision to close the business of a retailer shall be final:
(1) If the retailer fails to:
(A) Request an administrative hearing under § 23-115-608; or
(B) Seek judicial relief under this section; or
(2) Upon the final decision of the circuit court or an appellate court.
(e)(1) It is unlawful for a business to continue in operation a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-609
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:23-115-609
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7561e03f389ce0f4de9d626fb6bbee055595bd2f7abc84cf2a1d33c89154f36c
Source location: content.xml paragraph 66750
Stored source content
23-115-609. Judicial relief.
(a)(1) If the decision of the hearing officer under § 23-115-608 is to affirm the closure of the business, the decision shall be submitted in writing and delivered by the United States Postal Service or by hand to the retailer.
(2) The retailer may seek judicial relief from the decision by filing suit within twenty (20) calendar days of the date of the decision.
(b)(1) Jurisdiction for a suit under this section to contest a determination of the Director of the Office of the Arkansas Lottery shall be in Pulaski County Circuit Court, where the matter shall be tried de novo.
(2)(A) If the circuit court finds that the business closure order was appropriately issued by the director, the circuit court shall issue an injunction against the retailer prohibiting the further operation of the business.
(B) If a business subject to an injunction issued by the circuit court as provided in this subchapter continues in operation, upon conviction, any person responsible for the decision to operate the business after the issuance of the injunction shall be guilty of a Class A misdemeanor.
(3) An appeal may be made from the circuit court to the appropriate appellate court, as provided by law.
(c) The procedures established by § 23-115-608 and this section are the sole methods for seeking relief from a written decision to close the business of a retailer for failure to comply with § 23-115-605(b).
(d) The decision to close the business of a retailer shall be final:
(1) If the retailer fails to:
(A) Request an administrative hearing under § 23-115-608; or
(B) Seek judicial relief under this section; or
(2) Upon the final decision of the circuit court or an appellate court.
(e)(1) It is unlawful for a business to continue in operation after a business closure order is issued that is:
(A) Upheld on appeal under this subchapter; or
(B) Not appealed by the retailer under this subchapter.
(2) Upon conviction, any person responsible for the decision to operate the business in violation of this subchapter shall be guilty of a Class A misdemeanor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-605. Retailers — Fiduciary duty — Protection against loss.
(a)(1) Proceeds from the sale of tickets or shares shall be held in trust until paid to the Office of the Arkansas Lottery either directly or through the office's authorized collection representative.
(2) A retailer and officers of a retailer's business have a fiduciary duty to preserve and account for retail lottery proceeds, and retailers are personally liable for all lottery proceeds.
(3) For the purpose of this section, lottery proceeds include without limitation:
(A) Unsold instant tickets received by a retailer;
(B) Cash proceeds of the sale of lottery products;
(C) Net of allowable sales commissions; and
(D) Credit for lottery prizes paid to winners by retailers.
(4) Sales proceeds and unused instant tickets shall be delivered to the office or its authorized collection representative upon demand.
(b)(1) The office shall require retailers to place all lottery proceeds due the office in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid to the office.
(2) At the time of the deposit, lottery proceeds shall be deemed to be the property of the office.
(3) The office may require a retailer to establish a single separate electronic funds transfer account when available for the purpose of:
(A) Receiving moneys from ticket or share sales;
(B) Making payments to the office; and
(C) Receiving payments for the office.
(4) Unless authorized in writing by the office, each retailer shall establish a separate bank account for lottery proceeds that shall be kept separate and apart from all other funds and assets and shall not be com
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-605
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 23-115-605. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-608. Administrative hearing.
(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business.
(b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c), the retailer may file a written protest, signed by the retailer or his or her authorized agent, with the director stating the reasons for opposing the closure of the business and requesting an administrative hearing.
(c)(1) A retailer may request that an administrative hearing be held:
(A) In person;
(B) By telephone;
(C) Upon written documents furnished by the retailer; or
(D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing.
(2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone.
(3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision.
(d) The administrative hearing shall be conducted by a hearing officer appointed by the director.
(e)(1) The hearing officer shall:
(A) Set the time and place for a hearing; and
(B) Give the retailer notice of the hearing.
(2) At the administrative hearing, the retailer may:
(A) Be represented by an authorized representative; and
(B) Present evidence in support of his or her position.
(f) The administrative hearing shall be held within fourteen (14) calendar days of receipt by the director of the request for hearing.
(g) The administrative hearing and determinations made by the hearing officer under this subchapter are
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-608
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 23-115-608. This identifies an authority to review, not proof of applicability.