(1) Each retailer is entitled to a base commission of 5% of the face value of scratch tickets activated and not returned. Retailers who sell terminal issued tickets are entitled to a 5% commission of the face value of terminal issued tickets printed. However, to further the sale of lottery products, the lottery commission may adopt rules providing additional commissions to sales agents based on incremental sales.

(a) Each retailer is assigned a scratch ticket sales base.

(b) For each scratch ticket quarterly sales period, the retailer's scratch tickets activated and not returned are measured against the assigned base.

(c) For each 2% increase in retailer's sales during the quarterly period over his established base sales, the retailer's commission shall be increased by an additional 0.5%, to a cap of 10% total commission for any quarterly period.

(d) Retailer scratch ticket sales bases may be adjusted annually at the discretion of the commission.

(e) 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.