(A) A retail contract executed by the commission pursuant to this chapter must specify the reasons for which the contract may be canceled, suspended, revoked, or terminated by the commission including, but not be limited to:
(1) a violation of this chapter, a regulation, or a policy or procedure of the commission;
(2) failure to account accurately or timely for lottery game tickets, lottery games, revenues, or prizes as required by the commission;
(3) fraud, deceit, or misrepresentation;
(4) insufficient sales;
(5) conduct prejudicial to public confidence in the lottery;
(6) filing for or placement in bankruptcy or receivership of the lottery retailer;
(7) a material change, as determined in the sole discretion of the commission, in a matter considered material by the commission in executing the contract with the lottery retailer; or
(8) failure to meet any of the objective criteria established by the commission pursuant to this chapter.
(B) If cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of South Carolina, the executive director or his designee, in his discretion, may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, a contract issued pursuant to this chapter. A hearing must be held within sixty days of notice of cancellation, suspension, revocation, or termination and conducted by the executive director or his designee. A party to the contract aggrieved by the decision of the executive director or his designee may appeal the adverse decision to the board, and then to the Administrative Law Court, pursuant to the Administrative Procedures Act.
(C) If a party files an action to appeal the final decision of the board pursuant to subsection (B) and seeks to enjoin the implementation, termination, or performance of a contract, he must post a bond payable to the State in an amount determined by the trier of fact to be sufficient to compensate the State for its losses including, but not limited to, reasonable attorney's fees and court costs resulting from the delay, if the party does not prevail in its appeal.
HISTORY: 2001 Act No. 59, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, "Administrative Law Court" was substituted for all references to "Administrative Law Judge Division", pursuant to 2004 Act No. 202, Section 3.
Structure South Carolina Code of Laws
Chapter 150 - South Carolina Education Lottery Act
Section 59-150-10. Short title.
Section 59-150-20. Definitions.
Section 59-150-30. Lottery Commission created; management performance audit.
Section 59-150-50. Duties of the board.
Section 59-150-60. Powers of the commission.
Section 59-150-80. Executive director; internal auditor.
Section 59-150-90. Executive director, duties, and powers; prohibited campaign activities.
Section 59-150-110. Lottery Retailer Advisory Board.
Section 59-150-120. Assistance to small and minority businesses; annual report.
Section 59-150-165. State and national criminal background investigation.
Section 59-150-200. Lottery retailer rental payments.
Section 59-150-210. Sales restrictions.
Section 59-150-220. Instant tickets; theft, loss, or damage.
Section 59-150-230. Lottery prizes.
Section 59-150-270. False statements to commission, false entries in records.
Section 59-150-290. Compliance with Consolidated Procurement Code.
Section 59-150-300. Review board actions.
Section 59-150-320. Lottery finances.
Section 59-150-325. Education Lottery Oversight Committee.
Section 59-150-330. Set off of certain debts against prizes; definitions; remedies.
Section 59-150-340. Education Lottery Account.
Section 59-150-350. Education Lottery Account management.
Section 59-150-355. Education lottery appropriations and uses.
Section 59-150-356. Use of Education Lottery funds for technology.
Section 59-150-365. South Carolina Workforce Industry Needs Scholarship.
Section 59-150-370. HOPE Scholarships; eligibility; administration; reporting requirement.
Section 59-150-375. Scholarships for visual or hearing impaired or multi-handicapped students.
Section 59-150-380. Educational Lottery Teaching Scholarship Grants Program.
Section 59-150-390. Primary and secondary technology funding.