23 CAR § 373-201. Procedure

(a) A contractor (hereinafter claimant) asserting a claim of breach of contract or an action in tort against the Office of the Arkansas Lottery must file notice of the claim as provided by this section. (b)(1) The notice of claim shall: (A) Be in writing and signed by the aggrieved party or the aggrieved party's authorized representative; (B) Be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the Director of the Office of the Arkansas Lottery; and (C) State in detail: (i) The nature of the alleged breach of contract or tortious conduct, including: (a) The date of the event that the aggrieved party asserts as the basis of the claim; and (b) If applicable, each contractual provision allegedly breached; (ii) A description of damages that resulted from the breach or conduct, including the amount and method used to calculate those damages; and (iii) The legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed. (2)(A) If the claimant is represented by an attorney, each notice of claim, pleading, or paper of such claimant shall be signed by such attorney whose address and phone number shall be stated. (B) The signature of an attorney constitutes a certificate by the attorney that: (i) He or she has read the pleading, document, or paper; (ii) He or she is authorized to file it; (iii) To the best of his or her knowledge, information, and belief there are good grounds for it; and (iv) With respect to a notice of claim, he or she files it with the distinct knowledge and specific consent of the claimant. (3)(A) A notice of claim, pleading, or paper not signed by an attorney must be signed by the claimant with the address and phone number stated. (B) Any pleading, notice of claim, or claim filed on behalf of a corporation or other organization must be verified by an executive officer of such corporation or organization. (4)(A) In any notice of claim when, upon inspection, the director is of the opinion that the notice of claim, document, or pleading tendered for filing does not comply with this part, does not sufficiently set forth required information, or is otherwise insufficient, the director may: (i) Decline to accept the notice of claim, document, or paper and may return it unfiled; or (ii) Accept it for filing and: (a) Advise the person tendering it of the deficiency; and (b) Require the deficiency be corrected. (B) Simple receipt in the office in no way implies an attempted claim has been filed with the office. (C) The decision to accept or decline for filing an attempted, but deficient, claim is solely that of the director. (c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the aggrieved party may submit supporting documentation or other tangible evidence to facilitate the office’s evaluation of the aggrieved party's claim. (d) If the claimant is an executor, administrator, guardian, or other representative acting under judicial appointment, a duly certified copy of the record of appointment shall be filed with the notice of claim. (e) The notice of claim shall be delivered no later than one hundred eighty (180) days after the date of the event that the aggrieved party asserts as the basis of the claim. (f) Failure to assert a claim in a timely manner will result in a waiver of those issues.