Or. Admin. Code § 177-010-0105

Current through Register Vol. 63, No. 10, October 1, 2024

Section 177-010-0105 - Restriction of Access

(1) To ensure the safety and security of Lottery premises, employees, operations, and visitors to Lottery facilities and property, the Oregon State Lottery may issue a restriction on access to an individual who has committed prohibited conduct as described in this rule.

(2) For the purposes of this rule, the following definitions apply:

(a) "Prohibited conduct" means conduct that presents or appears to present a threat to the safety or security of Lottery property, employees, visitors, or operations. "Prohibited conduct" includes any conduct regardless of where or when it occurs, so long as the prohibited conduct presents a reasonable threat to the Lottery or Lottery personnel. Examples of prohibited conduct include, but are not limited to:

(A) Causing or threating to cause physical injury to employees or visitors;

(B) Engaging in actions which compromise the safety and health of employees or visitors;

(C) Causing or threatening to cause harm to the family or property of an employee or visitors through written, electronic, or verbal communication;

(D) Causing or threatening to cause damage to premises;

(E) Bringing a deadly or dangerous weapon onto the premises, unless authorized by ORS chapter 166;

(F) Displaying, attempting, or threatening to use any weapon, on or off Lottery premises, that compromises the safety of employees or visitors;

(G) Engaging in harassment as defined in ORS 166.065; and

(H) Engaging in telephonic harassment as defined in ORS 166.090.

(b) "Restriction of access" means the Oregon State Lottery has limited an individual's access to specific Lottery premises, employees, or methods of communication. For purposes of this rule, "Lottery premises" means buildings owned or operated by the Oregon State Lottery and does not include a Lottery retailer's premises.

(c) "Restricted individual" means any person, including, but not limited to, a Lottery employee or former employee, who is subject to a restriction of access pursuant to this rule.

(3) Issuance:

(a) Prior to issuing a restriction of access, the Lottery will make an individualized assessment as to whether the prohibited conduct is a result of a disability of which the Lottery has knowledge and whether the conduct is a "direct threat" to others. If the Lottery determines the disabled individual's conduct is not a direct threat, the Lottery will explore the possibility of a reasonable accommodation to mitigate the safety risk.

(b) The restriction of access must be approved by the director or the assistant director for security. In the event of their absence or unavailability, their designee may approve a restriction of access.

(c) The restriction of access is effective upon approval and remains in effect until the Lottery determines the individual no longer poses a threat and issues an official notification of removal of the restriction of access.

(4) Notice: An individual who is subject to a restriction of access may be notified verbally of the restriction and must also be provided written notice by certified mail or other traceable means. For purposes of this rule, Lottery provides notice to an individual on the date on which the Lottery issues the written notice to the individual by mail or other traceable means. The written notice must include:

(a) The conduct giving rise to the restriction;

(b) The specific premises or parts of the premises from which the individual is excluded or the forms of communication which are restricted;

(c) The alternate method by which Lottery services may be obtained by the individual and contact information for services or appointment scheduling if applicable;

(d) The availability of the review process described in this rule and notification that individuals with disabilities are entitled to request modification;

(e) The potential criminal consequences for violating the notice of restriction of access; and

(f) The law enforcement agency being notified.

(5) Review:

(a) The Lottery will regularly conduct internal review(s) to ensure a notice of restriction of access is and/or remains warranted.

(b) The recipient of a notice may request review of the Lottery's determination. The request must be in writing and submitted, by mail or personal delivery, within 15 business days of the date of issuance of the notice of restriction of access and delivered to the office of the director of the Lottery. If the request is submitted by mail, it must be postmarked within 15 business days. No particular format is required for the request for review; however, the individual must include specific grounds for requesting the review.

(c) Upon receipt of a request for review, the Director or their designee will review the request and issue a written decision within 14 calendar days of receipt of the request for review. The review may include an informal conference or other alternative resolution options.

(A) The Lottery's decision is final.

(B) If the decision favors the individual, the restricted individual's access restriction will be immediately lifted. If the decision is unfavorable to the restricted individual, the restricted individual may seek further review after six months have lapsed since the date of issuance by following the process described in this policy.

(C) An individual may request a contested case proceeding pursuant to ORS chapter 183 by filing a request for a contested case hearing within 30 calendar days of the date of the Lottery's decision under this section.

Or. Admin. Code § 177-010-0105

LOTT 7-2020, adopt filed 12/21/2020, effective 1/1/2021

Statutory/Other Authority: Or. Const., Art. XV, § 4(4)(a) & ORS 461.120

Statutes/Other Implemented: ORS 461.120, Or. Const., Art. XV, § 4(4), ORS 183.415, 461.010, 461.020, 461.050, 461.100, 461.150 & 461.190