- (a) In accordance with He-W 404.02, a claimant may request a formal appeal only on the basis of a mistake in fact.
- (b) A claimant who wishes to request an appeal based on a mistake of fact shall submit such a request to the DCSS in accordance with He-W 404.02.
- (c) In accordance with He-W 404.04, when a DCSS supervisory review, administrative hearing or judicial review determines that any portion of a cash prize or non-cash prize that was converted to cash has been erroneously withheld, DCSS shall refund the portion of intercepted lottery winnings that was withheld in error.
- (d) When a DCSS supervisory review, administrative hearing or judicial review determines that a non-cash prize without a cash payment option has been erroneously forfeited, the commission shall award the claimant cash equal to the value of the forfeited prize.
Source. #7413, eff 12-8-00, EXPIRED: 12-8-08 New. #9344, eff 12-10-08; ss by #12090, eff 1-27-17