(8) Right to appeal.
In the event the administrator terminates the eligibility or qualification of a retailer under the RPP, or in the event the retailer disputes their payments from the RPP, the retailer is entitled to an appeal in accordance with the provisions set forth under s. Tax 61.10
The administrator shall document the total payments made to retailers under the RPP. The report shall include a breakdown of any incentives paid under the winning ticket incentive, the sales goals incentive and the short-term incentive. The report shall be available within 90 days of the completion of a fiscal year.
Tax 61.085 History
Cr. Register, October, 2000, No. 538
, eff. 11-1-00; CR 04-083
: cr. (2) (f) and (4) (d), am. (4) (a) 1. and 2., (c) (intro.), 3., 4., 6., and (7) Register April 2005 No. 592
, eff. 5-1-2005; CR 04-083
: am. (2) (a), (4) (b) (intro.), (5) (a), (b), and (6), renum. (2) (b) to (i), (4) (b) 1. to 3., (6) (a) and (b) to be (2) (c) to (j), (4) (b) 1. a., b., 2. c., and (6) (e) 1. and 3., and am. (2) (h), (4) (b) 1. a., b., 2. c., and (6) (e) 3., cr. (2) (b) and (f), (4) (b) 1. to 3., (5) (am), (6) (a), (b), (d), (e) (intro.), 2. and 4., r. and recr. (6) (c) Register April 2005 No. 592
, eff. 7-2-05; CR 07-087
: am. (3) (a) and (4) (b) (intro.), r. (4) (a) 2. Register April 2008 No. 628
, eff. 5-1-08.
Limitation on length of suspension.
A suspension shall be limited to a maximum of 45 calendar days, during which time the administrator shall consider the appropriate permanent action to be taken, including, but not limited to, termination of the retailer contract.
The administrator shall give the retailer written notice of the retailer's terminated contract and state the grounds for the termination. The retailer shall also be notified that a request for a reconsideration must be made by the retailer within 30 calendar days and that the request must contain the information in sub. (2)
Within 30 calendar days of the mailing of the notice, the retailer may request a reconsideration by filing with the administrator a written statement setting forth the retailer's legal, factual or equitable arguments and submitting any supporting documents. The request for reconsideration shall be deemed filed on the date it is received by the administrator.
Within 20 calendar days of receipt of the request for reconsideration, the administrator may, in writing, request the retailer to submit any additional facts, legal and equitable arguments or documents that the administrator deems necessary to make a determination.
The Wisconsin lottery's legal counsel shall compile all relevant correspondence, lottery accounting records and all materials submitted to the administrator by the retailer for reconsideration. Legal counsel shall then review the file, research, if necessary, the applicable laws and rules and prepare an analysis and recommendation for the administrator's consideration.
The administrator, after considering all the facts and arguments submitted by the retailer, and legal counsel's recommendation, shall independently evaluate whether to either reinstate or terminate the contract. Within 45 calendar days of the administrator's receipt of the request for reconsideration or any supplemental information and documentation requested, the administrator shall notify the retailer, in writing, of the determination. If the contract is terminated, the notification shall include a statement setting forth the reasons for the termination and notifying the retailer of the right to a hearing under s. 227.42
, Stats. The retailer shall also be notified that a request for a hearing must be made by the retailer within 20 calendar days and that the request must contain the information in sub. (6)
Within 20 calendar days of the administrator's mailing of the final determination, the retailer may request, in writing, a hearing under s. 227.42
, Stats. A request shall be deemed filed on the date it is received by the administrator. A request for a hearing under s. 227.42
, Stats., shall contain all of the following:
The facts that the retailer intends to prove at the hearing.
A description of the mistake the retailer believes was made, if the retailer claims that the termination of contract is based on a mistake in fact or in law.
Any supporting documents not previously submitted to the administrator.
Within 20 calendar days of receipt of a request for hearing, the administrator shall grant or deny the request for a hearing, in writing, under s. 227.42
, Stats. A hearing shall be granted if the criteria under s. 227.42 (1)
, Stats., are met. The administrator shall reasonably notify the retailer of the time and place of the hearing. The administrator shall inform the retailer, in writing, of the reason for denying a hearing.
In the event that neither the retailer nor the retailer's representative appears at the time and place designated for the hearing, the administrator may take action based upon the record as submitted. By failing to appear, the retailer waives any further right to appeal before the Wisconsin lottery.
Discretion of enforcement. Tax 61.25(1)
Consistent with s. 895.59
, Stats., the lottery shall exercise the following discretion in the enforcement of rules and guidelines against a small business:
For purposes of this section the definition of small business, under s. 227.114 (1)
, Stats., shall include any retailer who holds a contract under s. Tax 61.08
, so that all retailers may expect the same treatment with respect to this section.
If a retailer voluntarily discloses an actual or potential violation of lottery rules, guidelines, or terms of a contract with the lottery, the retailer shall be entitled to a reduction or waiver of any penalties associated with the disclosed potential violation. The amount of the reduction or the extent of the waiver shall be determined by the administrator on a case-by-case basis.
Notwithstanding the provisions of sub. (2)
, no reduction or waiver may be granted for any of the following situations:
The agency discovers the violation before the small business discloses the violation.
The violation is disclosed after an agency audit or inspection of the small business has been scheduled.
The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit.
The violation results in a substantial economic advantage for the small business.
The small business has repeatedly violated the same rule or guideline.
The violation may result in an imminent endangerment to the environment, or to public health or safety.
The violation is determined to be an act of deceit, fraud, misrepresentation or other conduct prejudicial to public confidence in the lottery.
The violation may give the retailer an unfair economic advantage over another retailer.
A retailer may appeal a determination of inappropriate use of discretion as outlined in section s. Tax 61.10
. The administrator shall review each appeal on a case by case basis.
Tax 61.25 History
History: CR 07-087
: cr. Register April 2008 No. 628
, eff. 5-1-08.