Notice of Intended Action
Miscellaneous operational rules of the lottery, ch 1100
ARC 8347C
REVENUE DEPARTMENT[701]
Notice of Intended Action
Proposing rulemaking related to miscellaneous operational rules of the lottery
and providing an opportunity for public comment
The Revenue Department hereby proposes to adopt new Chapter 1100, “Miscellaneous Operational Rules of the Lottery,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code sections 99G.9, 99G.25 and 99G.30.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code sections 99G.9, 99G.25 and 99G.30.
Purpose and Summary
This proposed chapter provides generally applicable rules that govern the operation of the Iowa Lottery that do not fit neatly in other chapters. Because this chapter falls under the Iowa Lottery Authority’s portion of the Iowa Administrative Code, this chapter is outdated upon implementation of the government realignment in 2023 Iowa Acts, Senate File 514. In a separate rulemaking, 531—Chapters 1 and 2 are proposed to be rescinded. This rulemaking proposes to readopt the chapters under the Department of Revenue as 701—Chapter 1100. Finally, this rulemaking is intended to make the changes required by Executive Order 10 to remove portions of the rules that the Department determined are unnecessary, outdated, or duplicative of statutory language.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 18, 2024. A public hearing was held on the following date(s):
●October 8, 2024
No public comments on the Regulatory Analysis were received at the hearing or in writing. No changes have been proposed to the text after the Regulatory Analysis publication. The Administrative Rules Coordinator provided preclearance for publication of this Notice of Intended Action onOctober 9, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on December 3, 2024. Comments should be directed to:
|
Madelyn Cutler |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
|
December 4, 2024 |
Room 430 |
|
December 4, 2024 |
Room 430 |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
ITEM 1.Adopt the following new701—Chapter 1100:
CHAPTER 1100
MISCELLANEOUS OPERATIONAL RULES OF THE LOTTERY
701—1100.1(99G) Promotional use of tickets by persons without lottery licenses. Tickets may be given away for promotional purposes by persons without a lottery license in conjunction with the purchase of a product or service or an admission fee without violating this provision provided that the actual cost of the product or service or admission fee is not calculated to include the ticket price, and the promotion is not designed, intended, or conducted to circumvent the department’s licensing requirements.
This rule is intended to implement Iowa Code sections 99G.9, 99G.25, and 99G.30.
701—1100.2(99G) Background and informational statements.
1100.2(1) All prospective vendors for major procurements, and any other prospective vendor as required by the department, shall submit to criminal history and background investigations as conditions for submission of a bid. Any person identified as an officer, director, trustee, partner, sole proprietor, employee, or other person identified by the department as a key person in a sensitive position or relationship with a prospective vendor may also be required to submit to a criminal history and background investigation as required by the department.
Prospective vendors, and any individual identified as a key person, will comply with all requirements necessary for criminal history and background investigations, as determined by the department. Failure to comply with all requirements may result in bid disqualification.
1100.2(2) Any change in key personnel during the bidding process or during the contract term must be reported to the department before the change occurs. Replacement personnel will be subject to investigation.
1100.2(3) If a prospective vendor or any key personnel thereof is found to have been convicted of any felony related to the security or integrity of the lottery in Iowa or any other jurisdiction, the prospective vendor will be automatically disqualified from the selection process without further investigation.
This rule is intended to implement Iowa Code sections 99G.7, 99G.9, 99G.21, 99G.22, and 99G.23.
Revenue Department
- 1305 E Walnut St
- Des Moines, IA 50319
- (515) 281-8450
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 10/9/2024.
Official Document
- Miscellaneous operational rules of the lottery, ch 1100
- Published on 11/13/2024
- 75 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 11/13/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 701-1100.1 Rule 701-1100.2Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 99G.21 Iowa Code 99G.22 Iowa Code 99G.23 Iowa Code 99G.25 Iowa Code 99G.30 Iowa Code 99G.7 Iowa Code 99G.9Keywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Background and informational statements Promotional use of tickets by persons without lottery licensesAbout
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