PURPOSE: This rule provides the time limit for submitting evidence or statements and the form for submissions and provides for one extension.

1. (1) All evidence or statements submitted under 12 CSR 40-70.010 shall be in written or documentary form and shall be delivered to the Missouri Lottery within thirty (30) days of the receipt of the notice provided in 12 CSR 40-70.020.

   1. (A) Documents may be submitted in dry duplication form.
   2. (B) Witness testimony may be by affidavit or typewritten summary and must contain the name, address and telephone number of the witness. If the name, address and telephone number are unknown, the affidavit or summary shall state the fact together with how the facts became known to the licensee.
   3. (C) The licensee may submit a statement in explanation or mitigation under 12 CSR40- 70.010.

2. (2) Upon the receipt of the licensee, the director may grant one (1) extension of an additional thirty (30) days for the submission of evidence.

   1. (A) A request for extension shall contain the reason for the extension.
   2. (B) Within five (5) business days of the request for extension, the director shall notify the licensee within five (5) days of his/her decision.

3. (3) For purposes of this rule, any submission will be considered received by the director at the earlier of—

   1. (A) The actual receipt of the submission; or
   2. (B) The postmark date appearing on any submission.

AUTHORITY: section 313.220, RSMo 1986.* Original rule filed April 9, 1986, effective April 19, 1986.

*Original authority: 313.220, RSMo 1985, amended 1988, 1993, 1995. 12 CSR 40-70