(A) Denial of license. If after a review
of a lottery sales agent application and consideration of any other factors
deemed relevant to the efficient and proper operation of lottery, the director
determines that an applicant has not met the requirements for issuance of a
lottery sales agent license, the director may deny the application, or may
request that the application be revised and reviewed for further
consideration.
(B) Grounds for refusal. In addition to
the grounds for refusal to grant an applicant's request for a license in
divisions (C)(1) to (C)(5), (D)(1) to (D)(3) and (E)(1) to (E)(2) of section
3770.05 of the Revised Code, and except as provided in paragraph (C) of this
rule, in the event any of the following are determined by the director, an
application for a lottery sales agent license may be denied:
(1) If any principal to
be affiliated with the applicant is found to have committed any of the acts
specified in divisions (C)(1) to (C)(5), (D)(1) to (D)(4) or (E)(1) to (E)(2)
of section 3770.05 of the Revised Code;
(2) The applicant has
made a fraudulent misrepresentation regarding a fact material to an application
or has failed to disclose information regarding a fact material to an
application.
(3) When it appears to
the director that, due to the experience, character or general fitness of any
principal to be affiliated with the applicant, the granting of a license would
be inconsistent with the public interest, convenience or trust.
(C) Sealing of record. When an applicant,
or in the event the applicant is a corporation, any of the corporation's
directors, officers, or controlling shareholders, as well as any principal to
be affiliated with the applicant, has been convicted of any of the acts
specified in division (C)(1) to (C)(3), (C)(5), (E)(1), or (E)(2) of section
3770.05 of the Revised Code, the director may require the applicant to obtain
an order from a court of competent jurisdiction to have the record of such
offense sealed. If such an order is not obtained during the time specified by
the director, the director may deny the application. The foregoing not
withstanding, if the record of an applicant reveals an offense listed in
divisions (C)(1) to (C)(3), (C)(5), (E)(1), or (E)(2) of section 3770.05 of the
Revised Code which is at least ten years old, the director may disregard the
offense.
(D) Other considerations. Before issuing
any license, the director may consider the factors set out below. In
considering these factors, the director may determine which applicants will
best serve the economical and efficient operation of a statewide lottery
through their game sales. If the facts with respect to a particular applicant,
which are relevant to any of these factors, lead the director to determine that
issuing a license of any classification to that applicant would not so promote
the economical and efficient operation of a statewide lottery consonant with
the public interest, or would not serve the public interest, convenience or
trust, the director may refuse to issue a license to that
applicant.
(1) The director may
consider the financial responsibility and security of the applicant and the
business or activity; the applicant's credit-worthliness and integrity in
past financial transactions; and the physical security of the applicant's
place of business, to determine if lottery games which are consigned to the
applicant, and the proceeds from game sales, will be kept safe.
(2) The director may
consider the accessibility of an applicant's place of business or activity
to the public, including compliance with the requirements of The Americans with
Disabilities Act of 1990 (ADA), Section 12101-12213 of 42 U.S.C. (as amended in
2008).
(3) The director may
consider the sufficiency of existing agents to serve the public interest. An
effort shall be made to maximize total game sales by recruiting and licensing
sales agents under various classifications to licensure, as determined by the
director, with the highest potential volume.
(4) The director may
consider the volume of expected sales by the applicant so that licensing of the
sales agent will be economically feasible.
(E) Right to hearing. When required to do
so by the Administration Procedure Act, the director shall afford a hearing to
an applicant affected by a decision to deny an application for a license. Such
hearings shall be conducted by the director or a hearing examiner designated by
the director and shall comply with the requirements for adjudication hearings
set out in the Administrative Procedure Act.
