No. 05-02 - AG Alpha No. RL LO AGBBI - June 7, 2005

The question addressed in this formal opinion is whether the current lottery statute permits the Lottery Commission (“Commission”) to offer instant scratch games without conducting a separate rulemaking proceeding for each instant scratch game. Our conclusion is that under the current lottery statute, particularly C.R.S. § 24-35-208(2), the Commission must promulgate a separate rule for each instant lottery scratch game.

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