Ask Reggi Your Question Now
Can you summarize ORAR 177-037?
Oregon State Lottery > LOTTERY VENDOR DISCLOSURE RULES
Short Summary
The LOTTERY VENDOR DISCLOSURE RULES, part of the Oregon Administrative Rules, establish the policy of the Oregon State Lottery regarding security background investigations on Lottery Vendors and Lottery Contractors. The purpose of these investigations is to ensure the competence, integrity, background, good character, and true business ownership and control of Vendors and Contractors. The Director of the Lottery has the authority to require Vendors, including Control Persons, employees, or subcontractors who may have access to sensitive or secure Lottery information, to disclose and provide necessary information for approval as a Lottery Contractor. Vendors must submit an application for approval on disclosure forms provided by the Lottery, including all requested information and disclosures. The document also governs Sensitive Procurements and Major Procurements conducted by the Oregon State Lottery. Sensitive Procurements require a security background investigation and compliance with disclosure requirements specified in OAR chapter 177, division 37, the Solicitation Document, and any additional special disclosure requirements determined by the Director or the Commission. Major Procurements are subject to extensive security background investigations and must comply with all disclosure requirements specified in ORS Chapter 461 and OAR chapter 177, division 37. General Procurements, on the other hand, do not typically require a security background investigation unless deemed necessary by the Director or the Commission. Contractors interested in participating in any of these procurements must submit an application for approval to be a Lottery Contractor, including all required information and disclosures. The document also outlines the criteria for denying a vendor or control person application or contract, including factors such as business qualifications, financing, integrity, good character, criminal convictions, gambling offense convictions, material omissions, threats to the public interest, material misstatements, conduct affecting the integrity of the lottery, refusal to provide access to records, association with individuals of disreputable character, ownership interest by unqualified persons, and tax violations. The Director’s decision is final and may lead to revocation of approval and termination of existing contracts. The document also classifies lottery procurements and contracts into three categories: Major, Sensitive, and General, based on the degree of access to secure and sensitive lottery information. The classification, disclosure requirements, and instructions for disclosure are stated in the procurement solicitation document or advertisement. The statutory authority for these rules is OR Const., Art. XV, 4(4) & ORS 461, and the implemented statutes are ORS 461.400, 461.410, 461.420, 461.430 & 461.440.
Whom does it apply to?
Lottery Vendors, Lottery Contractors, Control Persons, employees, subcontractors
What does it govern?
Security background investigations on Lottery Vendors and Lottery Contractors
What are exemptions?
Lottery game retailers as defined in ORS 461.010(7)
What are the Penalties?
No specific penalties are mentioned in this document.
Jurisdiction
Oregon