                                 CODE OF VIRGINIA

POWERS OF THE BOARD (§ 58.1-4007)

A. The Board shall have the power to adopt regulations governing the
establishment and operation of a lottery pursuant to this article and sports
betting pursuant to Article 2 (§ 58.1-4030 et seq.). The regulations governing
the establishment and operation of the lottery and sports betting shall be
promulgated by the Board after consultation with the Director. Such regulations
shall be in accordance with the Administrative Process Act (§ 2.2-4000 et
seq.). The regulations shall provide for all matters necessary or desirable for
the efficient, honest, and economical operation and administration of the
lottery and sports betting and for the convenience of the purchasers of tickets
or shares, the holders of winning tickets or shares, and sports bettors. The
regulations, which may be amended, repealed, or supplemented as necessary, shall
include the following:

   1. The type or types of lottery or game to be conducted in accordance with
   &#xA7; 58.1-4001.

   2. The price or prices of tickets or shares in the lottery.

   3. The numbers and sizes of the prizes on the winning tickets or shares,
   including informing the public of the approximate odds of winning and the
   proportion of lottery revenues (i) disbursed as prizes and (ii) returned to
   the Commonwealth as net revenues.

   4. The manner of selecting the winning tickets or shares.

   5. The manner of payment of prizes to the holders of winning tickets or
   shares.

   6. The frequency of the drawings or selections of winning tickets or shares
   without limitation.

   7. Without limitation as to number, the type or types of locations at which
   tickets or shares may be sold.

   8. The method to be used in selling tickets or shares, including the sale of
   tickets or shares over the Internet.

   9. The advertisement of the lottery in accordance with the provisions of
   subsection E of &#xA7; 58.1-4022.

   10. The licensing of agents to sell tickets or shares who will best serve the
   public convenience and promote the sale of tickets or shares. No person under
   the age of 18 shall be licensed as an agent. A licensed agent may employ a
   person who is 16 years of age or older to sell or otherwise vend tickets at
   the agent&#8217;s place of business so long as the employee is supervised in
   the selling or vending of tickets by the manager or supervisor in charge at
   the location where the tickets are being sold. Employment of such person shall
   be in compliance with Chapter 5 (&#xA7; 40.1-78 et seq.) of Title 40.1.

   11. The manner and amount of compensation, if any, to be paid licensed sales
   agents necessary to provide for the adequate availability of tickets or shares
   to prospective buyers and for the convenience of the public. Notwithstanding
   the provisions of this subdivision, the Board shall not be required to approve
   temporary bonus or incentive programs for payments to licensed sales agents.

   12. Apportionment of the total revenues accruing from the sale of tickets or
   shares and from all other sources and establishment of the amount of the
   special reserve fund as provided in &#xA7; 58.1-4022.

   13. Such other matters necessary or desirable for the efficient and economical
   operation and administration of the lottery.

   14. The operation of sports betting pursuant to Article 2 (&#xA7; 58.1-4030 et
   seq.). In adopting such regulations, the Board shall establish a consumer
   protection program and publish a consumer protection bill of rights. Such
   program and bill of rights shall include measures to protect sports bettors,
   as defined in &#xA7; 58.1-4030, with respect to identity, funds and accounts,
   consumer complaints, self-exclusion, and any other consumer protection measure
   the Board determines to be reasonable.

   15. The administration of a voluntary exclusion program as provided in &#xA7;
   58.1-4015.1.
   				The Department shall not be subject to the provisions of Chapter 43
   (&#xA7; 2.2-4300 et seq.) of Title 2.2; however, the Board shall promulgate
   regulations, after consultation with the Director, relative to departmental
   procurement which include standards of ethics for procurement consistent with
   the provisions of Article 6 (&#xA7; 2.2-4367 et seq.) of Chapter 43 of Title
   2.2 and which ensure that departmental procurement will be based on
   competitive principles.
   				The Board shall have the power to advise and recommend, but shall have no
   power to veto or modify administrative decisions of the Director. However, the
   Board shall have the power to accept, modify or reject any revenue projections
   before such projections are forwarded to the Governor.

B. The Board shall carry on a continuous study and investigation of the lottery
and sports betting throughout the Commonwealth to:

   1. Ascertain any defects of this chapter or the regulations issued hereunder
   which cause abuses in the administration and operation of the lottery and
   sports betting and any evasions of such provisions.

   2. Formulate, with the Director, recommendations for changes in this chapter
   and the regulations promulgated hereunder to prevent such abuses and evasions.

   3. Guard against the use of this chapter and the regulations promulgated
   hereunder as a subterfuge for organized crime and illegal gambling.

   4. Ensure that this law and the regulations of the Board are in such form and
   are so administered as to serve the true purpose of this chapter.

C. The Board shall make a continuous study and investigation of (i) the
operation and the administration of similar laws that may be in effect in other
states or countries, (ii) any literature on the subject that may be published or
available, (iii) any federal laws that may affect the operation of the lottery
and sports betting, and (iv) the reaction of Virginia citizens to the potential
features of the lottery and sports betting with a view to recommending or
effecting changes that will serve the purpose of this chapter.

D. The Board shall hear and decide an appeal of any denial by the Director of
the licensing or revocation of a license of a lottery agent pursuant to
subdivision A 10 of this section and subdivision B 5 of &#xA7; 58.1-4006. The
Board shall hear and decide an appeal of any penalty, denial of a permit or
renewal, or suspension or revocation of a permit imposed by the Director
pursuant to Article 2 (&#xA7; 58.1-4030 et seq.).

E. The Board shall have the authority to initiate procedures for the planning,
acquisition, and construction of capital projects as set forth in Article 4
(&#xA7; 2.2-1129 et seq.) of Chapter 11 and Article 3 (&#xA7; 2.2-1819 et seq.)
of Chapter 18 of Title 2.2.

F. The Board may adjust the percentage of uncollectible gaming receivables
allowed to be subtracted from adjusted gross revenue, as defined in &#xA7;
58.1-4030, if it determines that a different percentage is reasonable and
customary in the sports betting industry.

HISTORY: 1987, c. 531; 1988, c. 788; 1989, c. 228; 1990, c. 732; 1999, c. 716;
2004, c. 630; 2006, c. 598; 2008, c. 302; 2020, cc. 117, 332, 1218, 1256.