(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) The sales agent commission for sports wagers will be set by the State Lottery and Sports Wagering Commission. Prior to changing the sales agent base commission rate for sports wagers, the State Lottery and Sports Wagering Commission shall:

(a) provide notice of the proposed change and opportunity for public comment;

(b) consider the impact of the proposed change on sales agents, the state, and other parties involved in the operation of sports wagering; and

(c) ensure the proposed change is equitable and does not disproportionally impact or burden sales agents, the state, and other parties involved in the operation of sports wagering.