Section R19-3-204.03. Appealing a Final Administrative Decision of the Lottery

A.      An optional motion for rehearing may be made to the Lottery Commission by filing a Notice of Appeal to the Lottery Com- mission within 10 days of receipt of the final administrative decision.

1.        The notice shall contain:

a.         A copy of the Director’s final administrative deci- sion, and

b.        The alleged factual or legal error in the final admin- istrative decision from which the appeal is taken.

2.        A person appealing the decision of the Director may file a written brief stating the factual and legal position on the appeal within 30 days after receipt of the decision being appealed.

3.        The Lottery may file a response brief within 15 days after receipt of the appellant’s brief.

4.        The Lottery Commission may rule based on the written briefs, or if requested, may provide for oral argument.

5.        The Lottery Commission shall make its ruling on the appeal on the record.

6.        A decision of the Lottery Commission is a final adminis- trative decision subject to judicial review under A.R.S. Title 12, Chapter 7, Article 6.

B.       A direct appeal of a final decision of the Director under R19-3- 204.01(C) may be taken for judicial review pursuant to A.R.S. Title 12, Chapter 7, Article 6.

Historical Note

New Section made by final rulemaking at 18 A.A.R.

1471, effective August 7, 2012 (Supp. 12-2).