Regulatory Bill of Rights
A. INSPECTION RIGHTS. If an Arizona Lottery (“Lottery”) representative conducts an inspection of your premises, you are entitled to the following information under Arizona Revised Statutes (“A.R.S.”) § 41-1009:
1. An inspection by a Lottery representative is conducted under the authority of A.R.S. § 5-562 and Arizona Administrative Code (“A.A.C.”) § R19-3-207.
2. The purpose of an inspection is to determine compliance with A.R.S. §§ 5-551 to 575 and A.A.C. §§ R19-3-201 to 217.
3. There are no fees associated with an inspection.
4. The Lottery representative must present photo identification upon entry onto your premises and must give you or your authorized on-site representative the opportunity to accompany the Lottery representative on the premises, except during confidential interviews.
5. You have the right to have on request:
(a) Copies of any original documents taken by the Lottery during the inspection if the Lottery is permitted by law to take original documents.
(b) Copies of any documents to be relied on to determine compliance with licensure or regulatory requirements if the Lottery is otherwise permitted by law to do so.
6. The Lottery representative will inform each person interviewed at your premises if that conversation is being tape recorded, but in any event, the statements of each person interviewed may be included in the inspection report.
B. ADDITIONAL RIGHTS. A.R.S. § 41-1001.01 grants you additional rights to ensure fair and open regulation by the Lottery. Under that grant of rights, you:
1. Are eligible for reimbursement of fees and other expenses if you prevail by adjudication on the merits against the Lottery in a court proceeding regarding a Lottery decision as provided in A.R.S. § 12-348.
2. Are eligible for reimbursement of your costs and fees if you prevail against the Lottery in an administrative hearing as provided in A.R.S. § 41-1007.
3. Are entitled to have the Lottery not charge you a fee unless the fee for the specific activity is expressly authorized as provided in A.R.S. § 41-1008.
4. May review the full text or summary of all rulemaking activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in A.R.S. §§ 41-1011 to 1013.
5. May participate in the rulemaking process as provided in A.R.S. §§ 41-1021 to 1057, including:
(a) Providing written comments or testimony on proposed rules to the Lottery as provided in A.R.S. § 41-1023 and having the Lottery adequately address those comments as provided in A.R.S. § 41-1052, subsection D, including comments or testimony concerning the information contained in the economic, small business and consumer impact statement.
(b) Filing an early review petition with the governor's regulatory review council as provided in A.R.S. §§ 41-1051 to 1057.
(c) Providing written comments or testimony on rules to the governor's regulatory review council during the mandatory sixty-day comment period as provided in A.R.S. §§ 41-1051 to 1057.
6. Are entitled to have the Lottery not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized by statute, rule or state tribal gaming compact as provided in A.R.S. § 41-1030, subsection B.
7. Are entitled to have the Lottery not make a rule under a specific grant of rulemaking authority that exceeds the subject matter areas listed in the specific statute or not make a rule under a general grant of rulemaking authority to supplement a more specific grant of rulemaking authority as provided in A.R.S. § 41-1030, subsection C.
8. May allege that an existing Lottery practice or substantive policy statement constitutes a rule and have that Lottery practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule as provided in A.R.S. § 41-1033.
9. May file a complaint with the administrative rules oversight committee concerning:
(a) A rule's, practice's or substantive policy statement's lack of conformity with statute or legislative intent as provided in A.R.S. § 41-1047.
(b) An existing statute, rule, practice alleged to constitute a rule or substantive policy statement that is alleged to be duplicative or onerous as provided in A.R.S. § 41-1048.
10. May have your administrative hearing on contested cases and appealable Lottery actions heard by an independent administrative law judge as provided in A.R.S. §§ 41-1092 to 1092.12.
11. May have administrative hearings governed by uniform administrative appeal procedures as provided in A.R.S. §§ 41-1092 to 1092.12, and may appeal a final administrative decision by filing a notice of appeal pursuant to A.R.S. § 12-901.
12. May have the Lottery approve or deny your license application within a predetermined period of time as provided in A.R.S. §§ 41-1072 to 1079.
13. Are entitled to receive written notice from the Lottery on denial of a license application:
(a) That justifies the denial with references to the statutes or rules on which the denial is based as provided in A.R.S. § 41-1076.
(b) That explains your right to appeal the denial as provided in A.R.S. § 41-1076.
14. Are entitled to receive information regarding the license application process before or at the time you obtain an application for a license as provided in A.R.S. §§ 41-1001.02 and 41-1079.
15. May receive public notice and participate in the adoption or amendment of agreements to delegate Lottery functions, powers or duties to political subdivisions as provided in A.R.S. § 41-1026.01 and §§ 41-1081 to 1084.
16. May inspect all rules and substantive policy statements of the Lottery, including a directory of documents, in the office of the Lottery Director as provided in A.R.S. § 41-1091.
17. May lodge a complaint with:
Community Development Manager
4740 E. University Dr.
Phoenix, AZ 85034
18. May contact the Office of Ombudsman-Citizens Aide as provided in A.R.S. §§ 41-1371 to 1383 in the event that you have made a reasonable effort to resolve any problems with the Lottery and have not been successful. The contact information for the Office of Ombudsman-Citizens Aide is:
Arizona Ombudsman-Citizens' Aide
3737 N. 7th Street, Suite 209
Phoenix AZ 85014
1-800-872-2879 (Arizona outside Phoenix metro area)
Fax: (602) 277-7312
e-mail at: [email protected]
19. Unless specifically authorized by statute, may expect the Lottery to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the extent practicable as prescribed in A.R.S. § 41-1002.
C. REFERENCES. Contact Cindy Esquer, listed above, if you wish to receive a written copy of these rights. For a complete recitation of your rights, you should refer to A.R.S. § 41-1001.01 and § 41-1009. The Arizona Revised Statutes may be found at http://www.azleg.gov/ArizonaRevisedStatutes.asp. The enumeration of the rights listed herein does not grant any additional rights that are not prescribed in the referenced statutes or laws. All statutory references include successor statutes and amendments or repeal of statutes that may be enacted in the future.