Section 316-35-619 - LOTTERY WORKERS619.01 Any individual who performs any duties that are within the definition of a lottery worker, must complete a Nebraska Schedule III - County/City Lottery Worker Application, Form 50G. 619.01A Individuals who are required to file a Nebraska Schedule III include, but are not limited to, the following: 619.01A(1) Any individual, except one who acts solely as a keno writer, who performs work directly related to the conduct of a lottery, even though the individual may not be an actual employee of the county, city, village, lottery operator, or sales outlet location; 619.01A(2) Any employee or agent of the county, city, or village who is involved with the record keeping of the lottery activity. This includes county, city, or village clerks and treasurers, as well as individuals who have administrative responsibilities for the lottery; and 619.01A(3) In the case of lottery operators and sales outlet locations, any individual with an ownership interest if the individual is involved in the day-today conduct of the lottery, except individuals acting solely as keno writers. 619.01B The following individuals are not required to file a Nebraska Schedule III: 619.01B(1) Individuals whose sole responsibilities are as keno writers; 619.01B(2) Individuals whose sole responsibilities relate to concession activities or the sale of pickle cards at the location;619.01B(3) Individuals whose sole responsibilities are as custodial or maintenance personnel at the location;619.01B(4) Individuals whose sole responsibilities are for security at the location if the security service is provided by a third-party professional security contractor; or619.01B(5) Individuals with whom the county, city, or village contracts to provide bookkeeping, accounting, or auditing services. This includes outside individuals compiling information for tax returns or reports for the county/city lottery. 619.01C If an individual works or intends to work as a lottery worker for more than one county, city, or village lottery, a separate Nebraska Schedule III must be filed for each county, city, or village unless otherwise authorized by the Department.619.01D An individual must be at least 19 years of age to be eligible for a lottery worker license.619.02 A Nebraska Schedule III must be on file with the Department prior to any individual beginning his or her duties as a lottery worker. Once a Nebraska Schedule III is on file with the Department, the individual may begin performing duties as a lottery worker and is considered to be acting under a 120-day probationary license. 619.02A The Nebraska Schedule III will be considered on file with the Department when it has been received by the Department or, if mailed, when it is postmarked. The Nebraska Schedule III will also be considered on file when electronically transmitted to the Department, provided the physical application is received by the Department within 10 days after the date it was electronically transmitted. 619.02A(1) A Nebraska Schedule III that is electronically transmitted but not physically received by the Department within 10 days after the electronic transmission is not considered filed. The county, city, village, authorized representative, or lottery operator is responsible for confirming that the application was actually received by the Department within 10 days. If it was not received within 10 days, the lottery worker applicant must cease performing any duties for the lottery until a Nebraska Schedule III is received by the Department.619.02A(2) If the tenth day falls on a Saturday, Sunday, or legal holiday, the time period expires on the next business day.619.02B The Nebraska Schedule III will be considered properly completed if accurate and legible entries are made for all required fields and the required signatures are affixed. 619.02B(1) A governing official of the county, city, or village or an authorized representative of the county, city, or village as defined in Reg-35-600.02B must sign the Nebraska Schedule III, signifying that the governing official or authorized representative has examined the completed Nebraska Schedule III and approved the Nebraska Schedule III for submission to the Department.619.02B(2) A copy of the Nebraska Schedule III, as approved by the authorized representative, or the information contained in the Nebraska Schedule III must be filed with the county, city, or village.619.02B(3) All information requested on the Nebraska Schedule III must be properly completed. 619.02C An incomplete Nebraska Schedule III will be returned to the county, city, village, or authorized representative of the county, city, or village. If the Nebraska Schedule III is returned, the lottery worker applicant cannot perform any duties for the lottery until a properly completed Nebraska Schedule III is received by the Department.619.03 In addition to the information required on the Nebraska Schedule III, an applicant who is designated as a keno manager or who has the authority to verify winning number selection by an electrically- operated blower machine must be fingerprinted for criminal background investigation purposes. Lottery workers licensed as of July 20, 2002 are not required to be fingerprinted as long as they remain actively licensed. 619.03A The fingerprinting requirement for an applicant may be waived if the Nebraska Liquor Control Commission has received fingerprint reports on the applicant within the two years preceding the filing date of the Nebraska Schedule III, or if the license issued by the Nebraska Liquor Control Commission has been continuously maintained since documented fingerprints were filed to obtain a license.619.03B The applicant must promptly submit two sets of completed fingerprint cards and the required processing fees to the Department. Blank fingerprint cards are available from the Department. 619.03C The Department must receive the fingerprint reports from the Nebraska State Patrol prior to the expiration of the 120-day probationary license or the lottery worker's application will be denied.619.04 If a lottery worker license applicant has: (a) been convicted of or forfeited bond upon a charge of any felony within ten years preceding the date the Nebraska Schedule III is filed; (b) been convicted of or forfeited a bond upon a charge of any felony or misdemeanor involving fraud, theft, or any gambling activity at any time; (c) willfully failed to make required payments or reports; or(d) filed false reports with a governmental agency at any level; the applicant must furnish the Department the following information for each incident to the extent that it is available to the applicant: 619.04A The date and place each incident occurred; 619.04B The court case or docket number under which it is filed; 619.04C The original charge and ultimate disposition of the matter; and 619.04D A description of the events which are the subject of the incident.619.05 If the Department determines that a false or incorrect response has been made on the Nebraska Schedule III to the questions regarding prior criminal activities, the applicant may be disqualified from being a lottery worker for falsifying information on the Nebraska Schedule III.619.06 Once a Nebraska Schedule III has been filed with the Department, the applicant will be granted a probationary license to perform work directly related to the conduct of a lottery.619.06A A probationary license is valid for a period of 120 days from the date the Nebraska Schedule III is filed with the Department, unless: 619.06A(1) The applicant is subsequently disqualified; 619.06A(2) The Department returns the Nebraska Schedule III because it is incomplete; or 619.06A(3) The license application is denied by the Department. 619.06B If a notice of disqualification or the notice of intent to deny a license has not been issued by the Department prior to the expiration of the probationary period, the applicant is considered licensed to perform work directly related to the conduct of a lottery. 619.06B(1) Notice of the Department's intent to deny will be sent to the applicant, the county, city, or village, the lottery operator, and, if applicable, the sales outlet location. The individual may continue performing his or her duties for the lottery until the denial becomes final.619.06B(2) Notice of an applicant's disqualification will be sent to the applicant, the county, city, or village, the lottery operator, and, if applicable, the sales outlet location. Upon receiving the notification of disqualification, the individual must cease working with the lottery immediately.619.07 Every lottery worker licensee must keep the information on the Nebraska Schedule III filed with the Department current. All changes must be reported on a Nebraska Schedule III, marked "Report Changes", and signed by the lottery worker licensee and a governing official or authorized representative of the county, city, or village. A copy of the Nebraska Schedule III reporting the changes must also be filed with the county, city, or village. 619.07A The report must be made within 30 days after the lottery worker licensee learns of any inaccuracies or has any changes in the information supplied by the lottery worker licensee in his or her most recent application filed with the Department. Reportable changes include, but are not limited to: a new surname; a new street or mailing address; new duties; any new conviction; bond forfeiture; guilty plea; or nolo contendere plea to any felony or to any felony or misdemeanor involving fraud, theft, or any gambling activity; willful failure to make required payments or reports; or filing false reports to a governmental agency at any level.619.07B If an individual licensed as a lottery worker is no longer working for the county, city, village, or lottery operator for which the license was obtained, or for any sales outlet location with which the county, city, village, or lottery operator contracts, the license is no longer valid. This must be reported to the Department by the county, city, village, or lottery operator on a Nebraska Schedule III marked "Inactive." The signature of the lottery worker licensee is not required. If reported by the lottery operator, a copy of the Nebraska Schedule III must be provided to the county, city, or village. 619.07B(1) Seasonal, periodic, or emergency workers may maintain a valid license although not actively working on a regular basis. Once it is known that an individual will not return to work, the Nebraska Schedule III marked "Inactive" must be filed.619.08 All lottery worker licenses expire on May 31 of every odd-numbered year and may be renewed biennially. 619.08A Applications for renewal of a lottery worker license must be submitted to the Department electronically or on the Nebraska Schedule III at least 60 days prior to the expiration date of the license.619.08B A lottery worker's license is not transferrable.619.09 An individual acting as a keno writer or licensed as a lottery worker under the Nebraska County and City Lottery Act can not be connected with or interested in, directly or indirectly, any individual, sole proprietorship, partnership, limited liability company, corporation, or other party licensed as a distributor, manufacturer, or manufacturer-distributor under Neb. Rev. Stat §§ 9-255.07, 9-255.09, 9-330, 9-332, or 9-632.316 Neb. Admin. Code, 35, § 619
Neb. Rev. Stat. §§ 9-1,104, 9-603, 9-603.02, 9-605.01, 9-606.01, 9-606.02, 9-615.01, 9-619, 9-620, 9-622, 9-623, 9-631, 9-631.01, and 9-646. _____.