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2018 Tennessee Code
Title 4 - State Government
Chapter 51 - Tennessee Education Lottery Implementation Law
Part 1 - General Provisions
§ 4-51-109. Duties of chief executive officer.

Universal Citation: TN Code § 4-51-109 (2018)
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  • (a) The chief executive officer of the corporation shall direct and supervise all administrative and technical activities in accordance with this chapter and with the regulations, policies, and procedures adopted by the board. It shall be the duty of the chief executive officer to:

    • (1) Facilitate the initiation and supervise and administer the operation of the lottery games;

    • (2) Employ and direct such personnel as deemed necessary;

    • (3) Employ by contract and compensate such persons and firms as deemed necessary;

    • (4) Promote or provide for promotion of the lottery and any functions related to the corporation;

    • (5) Prepare a budget for the approval of the board;

    • (6) Require bond from such retailers and vendors in such amounts as required by the board;

    • (7) Report quarterly to the comptroller of the treasury, the state treasurer, the state and local government committee of the senate, the state government committee of the house of representatives, the office of legislative budget analysis and the board a full and complete statement of lottery revenues and expenses for the preceding quarter;

    • (8) Report quarterly to the commissioner of finance and administration, the commissioner of education, the chairs of the finance, ways and means committees of the senate and house of representatives, the chair of the education committee of the senate, the chair of the education administration and planning committee of the house of representatives, and the office of legislative budget analysis, a full and complete statement of the moneys that became unclaimed prize moneys for deposit in the after school programs special account in the preceding quarter; and

    • (9) Perform other duties generally associated with a chief executive officer of a corporation of an entrepreneurial nature.

  • (b) The chief executive officer may for good cause suspend, revoke, or refuse to renew any contract entered into in accordance with this chapter or the regulations, policies, and procedures of the board.

  • (c) The chief executive officer or a designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery operations or to determine the qualifications of or compliance by vendors and retailers.

  • (d) (1) No person shall serve as chief executive officer of the corporation who has been convicted of:

    • (A) Any felony;

    • (B) A misdemeanor involving gambling, theft, computer offenses, forgery, perjury, dishonesty or unlawfully selling or providing a product or substance to a minor;

    • (C) Any violation of this chapter; or

    • (D) Any offense in a federal court, military court or court of another state, territory or jurisdiction that under the laws of this state would disqualify such person pursuant to subdivisions (d)(1)(A), (d)(1)(B), or (d)(1)(C).

      • (2) Prior to employment of a person as the chief executive officer, the board shall submit the names of potential chief executive officers to the Tennessee bureau of investigation and the Tennessee bureau of investigation, pursuant to § 38-6-109, shall conduct a criminal history records check on all such persons. The Tennessee bureau of investigation may contract with the federal bureau of investigation, other law enforcement agency or any other legally authorized entity to assist in such investigation. Such persons shall supply a fingerprint sample on request and in the manner requested by the investigating entity. The Tennessee bureau of investigation shall conduct such investigation as soon as practicable after submission of names by the board. The corporation shall pay, as an operating expense, the cost of the records check. The results of such a records check shall not be considered a record open to the public pursuant to title 10, chapter 7, part 5.

  • (e) No person shall be selected to serve as the initial chief executive officer of the corporation who does not possess:

    • (1) At least two (2) years of experience as a chief executive officer or chief operating officer of a state lottery within the United States; or

    • (2) At least five (5) years of management level experience with a state lottery within the United States.

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