2.63.407 SALES AGENT COMMISSION
(1) Sales agents who sell scratch or terminal-issued tickets are entitled to a 5 percent base commission of the face value of tickets sold.
(2) Sales agents who sell scratch tickets may increase the scratch ticket commission up to an additional 5 percent.
(a) Each sales agent is assigned a scratch ticket sales base. The scratch ticket sales base is determined using the prior fiscal year's average scratch ticket pack activations minus pack returns.
(b) For each sales quarter, the sales agent's scratch tickets are measured against the assigned base by scratch tickets activated and not returned to the lottery.
(c) For each 2 percent increase in sales agent's sales over the established base sales during the sales quarter, the sales agent's commission must be increased by an additional 0.5 percent, not to exceed a 10 percent total commission for any quarter.
(3) Sales agents who sell terminal-issued tickets designated in lottery policy may increase the terminal-issued commission for participating games up to an additional 5 percent.
(a) Each sales agent is assigned a terminal-issued ticket sales base for participating games. The terminal-issued ticket quarterly sales base is determined by a sales agent's previous year's sales performance. Sales agents with quarterly revenue greater than $1,000 are eligible for this bonus program.
(b) For each sales quarter, the sales agent's terminal-issued tickets are measured against the assigned base by gross sales for participating games.
(c) Sales agents who achieve the minimum sales quarter growth requirement must receive an additional bonus rate commission for participating terminal-issued games, not to exceed a 10 percent total commission for any quarter.
(4) Sales agent ticket sales bases, minimum requirements, and bonus rates may be adjusted annually at the discretion of the commission.
(5) Annually, the director's staff shall review the plan for providing additional commissions to sales agents based on incremental sales and report to the commission. This review will include a recommendation for maintaining the existing plan or modifying the plan for the next year.
(6) Sales agents who offer sports wagers are entitled to a 6 percent base commission of the value of sports wagers made.
History: 23-7-202, 23-7-301, MCA; IMP, 23-7-202, 23-7-301, MCA; NEW, 1987 MAR p. 883, Eff. 6/26/87; AMD, 1989 MAR p. 1484, Eff. 9/29/89; AMD, 1993 MAR p. 401, Eff. 3/26/93; AMD, 1994 MAR p. 391, Eff. 2/25/94; AMD, 1994 MAR p. 1995, Eff. 1/1/95; AMD, 1996 MAR p. 2850, Eff. 10/25/96; AMD, 2000 MAR p. 3199, Eff. 11/23/00; TRANS, from Commerce, 2001 MAR p. 2407; AMD, 2006 MAR p. 526, Eff. 2/24/06; AMD, 2014 MAR p. 1387, Eff. 6/27/14; AMD, 2018 MAR p. 1155, Eff. 6/23/18; AMD, 2019 MAR p. 291, Eff. 3/16/19; AMD, 2019 MAR p. 2229, Eff. 12/7/19.