464.280 Burden to establish qualifications; applications; liability of persons who supply information; rules

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464.280 Burden to establish qualifications; applications; liability of persons who supply information; rules.

(1)The burden is upon holders of bingo, lotto, raffle or Monte Carlo event licenses and permits and applicants for such licenses or permits to establish the qualifications required of such license or permit holders or applicants, by clear and convincing evidence. The burden is also upon the licensee or license applicant to establish by clear and convincing evidence the qualifications of the premises in which the licensed activity will be conducted.

(2)Application for a license to operate a bingo, lotto or raffle game or Monte Carlo event must be accompanied by:

(a)A written consent to the inspections authorized under ORS 167.118, 464.250 to 464.380, 464.420 and 464.450 to 464.530 and under such rules as the department may adopt; and

(b)A written waiver of potential liability claims against the State of Oregon, its agencies, employees and agents for any damages resulting from any disclosure or publication of any information acquired by the Department of Justice during any of its investigations, inquiries or hearings.

(3)All license and permit holders and persons having any financial, management or employment interest in bingo, lotto, raffle or Monte Carlo event licensees, including but not limited to employees and agents of such licensees, shall have a duty to inform the department or its staff of any act or omission which they believe would constitute a violation of state law or department rules relating to the operation of bingo, lotto or raffle games or Monte Carlo events. No person who so informs the department or its staff shall be discriminated against by a licensee because of supplying such information. If a licensee or permittee, or an officer or director thereof, upon request from the department or its designee, fails to produce requested information, evidence or testimony, relating to a bingo, lotto, raffle or Monte Carlo event operation, the department may suspend or revoke the license or permit of the licensee or permittee.

(4)Any written or oral statement made in the course of an official investigation or other proceeding of the department by any member, employee or agent of the department, or by any witness testifying under oath, which is relevant to the investigation or proceeding is absolutely privileged and shall not be the source of liability for slander, libel or defamation, or constitute any grounds for recovery in a civil action. [1987 c.914 §20; 1997 c.867 §5]