Retail Contract — Cancellation, Suspension, Revocation or Termination
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Any retail contract executed by the corporation pursuant to this chapter shall specify the reasons for which a contract may be cancelled, suspended, revoked, or terminated by the corporation, which reasons shall include, but not be limited to:
Commission of a violation of this chapter, a regulation, or a policy or procedure of the corporation;
Commission of a violation of title 39, chapter 17, part 6, relative to lottery offenses;
Failure to accurately or timely account for lottery tickets, lottery games, revenues, or prizes as required by the corporation;
Commission of any fraud, deceit, or misrepresentation;
Insufficient sales;
Conduct prejudicial to public confidence in the lottery;
The retailer filing for or being placed in bankruptcy or receivership;
Any material change as determined in the sole discretion of the corporation in any matter considered by the corporation in executing the contract with the retailer; or
Failure to meet any of the objective criteria established by the corporation pursuant to this chapter.
If, in the discretion of the chief executive officer, or such officer's designee, cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the state, the chief executive officer, or such officer's designee, may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, any contract issued pursuant to this chapter. Such contract may, however, be temporarily suspended by the chief executive officer or a designee without prior notice pending any prosecution, hearing, or investigation, whether by a third party or by the chief executive officer. A contract may be suspended, revoked or terminated by the chief executive officer, or such officer's designee, for any one (1) or more of the reasons enumerated in subsection (a). Any hearing held shall be conducted by the chief executive officer or such officer's designee. A party to the contract aggrieved by the decision of the chief executive officer, or such officer's designee, may appeal the adverse decision to the board. Such appeal shall be pursuant to the regulations, policies, and procedures set by the board and is not subject to the Tennessee Uniform Administrative Procedures Act, compiled in chapter 5 of this title.