10 Del. Admin. Code § 202-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 202-4.0 - Suspension, Non-Renewal, or Revocation of Licenses

4.1 The license is evidence of an agency revocable at will by the Director. The Director may revoke or suspend without notice or a hearing first, the license of any Agent who violates the Delaware Code or any rule or regulation promulgated pursuant to the Delaware Code by issuing an emergency suspension or revocation order. However, if the Director does revoke a license without notice and an opportunity for a hearing, the Director shall by appropriate written notice afford the person whose license has been revoked an opportunity for a hearing within thirty (30) days after the revocation order has been issued. The notice shall also specify the intended reasons for the revocation. As a result of any such hearing, the Director may confirm his action revoking or suspending the license or he may order the restoration of such license.

4.2 An Agent's license may be suspended, revoked, or its renewal rejected for any one or more of the following reasons:

4.2.1 Whenever the Agent knowingly uses false or misleading information in obtaining the license.

4.2.2 Whenever the Agent violates any of the provisions of the Delaware Code or any regulations, directives, or instructions promulgated or issued thereunder.

4.2.3 Whenever the Agent ceases to conduct business or changes business locations without obtaining from the Director prior authorization for such relocation.

4.2.4 Whenever the Agent does not display lottery point-of-sale materials in a manner which, as determined by the Director to be necessary to the interest of the public and the Lottery, is readily seen by and available to the public or fails to make tickets available at points-of-sale within the licensed premises.

4.2.5 Whenever an Agent commits an act which seriously impairs his reputation for honesty and integrity.

4.2.6 Whenever the Agent has been convicted of a crime.

4.2.7 Whenever the Agent has been found guilty of any fraud or misrepresentation in any connection.

4.2.8 Whenever the Agent's experience, character, and general fitness are such that his participation as a lottery sales Agent is inconsistent with the public interest, convenience and necessity, or the security of the Lottery operations.

4.2.9 Whenever the Agent is delinquent in making required accounting or fails to pay weekly all monies owed to the State of Delaware.

4.2.10 Whenever the Agent fails to take reasonable security precautions with regard to the handling of lottery tickets and other related materials.

4.2.11 Whenever the Agent sells a lottery ticket for an amount less than or greater than its stated price.

4.2.12 Whenever the Agent fails to report information required by these Regulations.

4.2.13 Whenever the Agent sells lottery tickets to known third-party ticket resellers or enters computer-generated betting slips from third-party ticket resellers for the sale of lottery tickets.

4.3 Procedure for Revocation or Rejection of Renewal of License

4.3.1 The Director may, for any of the reasons stated above, revoke or reject the renewal of an Agent's license.

4.3.2 Immediately upon notice of revocation or rejection of renewal of an Agent's license, said Agent shall suspend the sale of all lottery tickets and shall forthwith comply with the provisions of these Regulations for procedures upon suspension of license, unless otherwise notified by the Director.

10 Del. Admin. Code § 202-4.0

22 DE Reg. 494 (12/1/2018) (Final)