(a)

1. (1) If a ticket purchaser or ticket holder files a written complaint with the Director of the Office of the Arkansas Lottery relating to the sale of a ticket, payment of a prize, conducting of a promotion or other activity relating to the Office of the Arkansas Lottery or an office product, the director shall forward the complaint to appropriate staff for further review.
2. (2) Any such complaint shall be filed in a reasonable amount of time after complainant becomes aware of the facts upon which the complaint is based.

(c)

1. (1) The complaint will be reviewed to determine its validity and to determine if the information provided is sufficient.
2. (2) Although the burden may shift on a particular matter, the complainant has the burden of going forward and of proof.

3. (3) If the review of the complaint indicates that additional information is necessary for an appropriate response, the complainant may be required to provide additional information, including but not limited to:

   1. (A) The name, address, and telephone number of the complainant and the name, address, and telephone number of the complainant's legal counsel, if any;
   2. (B) A detailed statement of facts supporting the complainant's position;
   3. (C) A detailed statement outlining the reason or reasons for the complaint, including any law or other authority upon which the complainant relies;
   4. (D) The name or names, address or addresses, and telephone number or telephone numbers of witness or witnesses who may need a subpoena to appear;
   5. (E) Any other relevant information the office may reasonably prescribe; and
   6. (F) The evidence, clearly identified, to be considered by the director.

(d)

1. (1) The complainant will be notified in writing if more information is needed and will be afforded a reasonable time to respond.
2. (2) If any information requested is not provided within the prescribed time period, or if the information submitted fails to present a claim for which relief may be granted, the complaint may be dismissed by the director.
3. (3) In his or her discretion, upon receipt of sufficient information, the director may schedule a hearing rather than issuing a decision on the written material submitted.
4. (4) If a hearing is denied, the complainant may request reconsideration.

(f)

1. (1) The director may require, or the complainant may request a conference, in an attempt to expedite the orderly conduct of the hearing or the settlement of the complaint prior to the scheduled hearing.
2. (2) A complainant may represent his or her own interest or may be represented by an attorney at law licensed to practice law in the State of Arkansas.
3. (3) Other than the complainant or the attorney representing complainant, no person or organization may represent the interests of a complainant.

(g)

1. (1) If a complainant fails to appear at a hearing after due notice, the director may dismiss, continue, or decide the matter.
2. (2) Upon timely application and proper notice, the director may grant a motion for a continuance or other change in the date, time, and place of the hearing.

(h)

1. (1) The hearing need not be conducted or controlled by either the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure.
2. (2) The hearing will be conducted to the extent and fashion deemed appropriate by the director.
3. (3) Unless objection or exception is made, sustained, and duly noted on the record, all evidence appearing in the record shall be deemed to have been properly admitted for consideration.
4. (4) All hearings will be recorded by a certified court reporter.
5. (5) If a complainant desires the testimony be transcribed into a transcript or files an appeal, the complainant shall order directly from the reporter an original and one (1) copy, both of which are the financial responsibility of the complainant ordering the transcript.
6. (6) The original transcript shall be filed by the reporter directly with the office.

(i) Any decision of the director regarding a ticket purchaser or holder's written complaint, including decisions regarding denial or dismissal of a complaint without a hearing or decisions made after hearing all of the testimony, facts, and evidence presented, must:

1. (1) Be in writing and sent by United States Postal Service certified mail, a commercial overnight delivery service, or hand-delivered to the complainant as soon as practicable;
2. (2) Explain the basis for the determination;
3. (3) Explain the information necessary to file an appeal and the time periods in which an appeal must be filed with the office; and
4. (4) Inform the complainant that he or she may request a hearing before the office, or in lieu of a hearing, may request that an appeal may be decided upon the written materials presented for the appeal.

(k) The circuit court shall hear appeals from administrative orders of the office, and based upon the record of the proceedings before the office, may reverse the administrative order of the office only if the person appealing the administrative order proves the administrative order to be:

1. (1) Clearly erroneous;
2. (2) Procured by fraud;
3. (3) A result of substantial misconduct by the office; or

4. (4) Contrary to:

   1. (A) The United States Constitution;
   2. (B) The Arkansas Constitution; or
   3. (C) Arkansas Code § 23-115-209(b)(1) – (4) (2015).

(n) If upon the motion of the office the circuit court finds the appeal to have been frivolous, the cost of appeal and defense shall include without limitation the following expenses of the office resulting from institution of the appeal:

1. (1) Court costs;
2. (2) Bond;
3. (3) Legal fees; and
4. (4) Loss of income, Arkansas Code § 23-115-209(d)(2)(A) – (D) (2015).

(p) This section on consumer complaints is not applicable to:

1. (1) Complaints relating to retailers;
2. (2) Petition for declaratory order from the administrative appeal;
3. (3) A claim in contract or tort against the office, its employees, or agents; and
4. (4) Any retailer, vendor, or applicant for a contract or retailer license aggrieved by an action of the office.