Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 9 - PARI-MUTUEL WAGERING › Rule 2.2 - Advance Deposit Wagering › Section 2.2-9 - Duties of licensed SPMO

Current through July 10, 2024
Authority: IC 4-31-7.5-11
Affected: IC 4-31-7.5-12
Sec. 9.
(a) A
				licensed SPMO shall verify each application submitted for an advance deposit
				wagering account with respect to name, principal residence address, and date of
				birth by either an independent service provider or another means which meets or
				exceeds the reliability, security, accuracy, privacy, and timeliness provided
				by an independent service provider. If there is a discrepancy between the
				application submitted and the information provided by the verification
				described above or if no information on the applicant is available from such
				verification process, another individual reference service may be accessed or
				another technology meeting the requirements described above may be used to
				verify the information provided. If the applicant's information cannot be
				verified, the licensed SPMO shall not establish an account.
(b) A licensed SPMO shall allow the
				commission or its designee access to its premises to visit, investigate, and
				place expert accountants and other persons it deems necessary for the purpose
				of ensuring that its enabling statutes, its rules, and the advance deposit
				wagering terms of agreement are strictly complied with.
(c) A licensed SPMO that accept wagers shall
				upon request of the commission provide a full accounting and verification of
				the source of the wagers, and a detailed wagering information file that
				includes, but is not limited to, dollar amount wagered, pool on which the wager
				was placed, race number and racing venue, zone, breed, zip code of the account
				holder, time wagering stopped, and time of the wager in the form of a daily
				mutuel data download to the commission's designated database.
(d) A licensed SPMO shall give access to the
				commission, or its designee, for review and audit of all records as set forth
				in section 11 of this rule.
(e) A
				licensed SPMO shall record by means of the appropriate electronic media all
				wagering transactions or other wagering communications through the account
				wagering system, and the records of such communications shall be kept by the
				account wagering center for at least a period of one (1) year. These records
				shall be made available to commissioners, employees, and designees of the
				commission upon request.
(f) No
				employee or agent of a licensed SPMO shall divulge any confidential information
				related to the placing of any wager or to the operation of the licensed SPMO,
				except to the account holder as required by these rules, the commission, and as
				otherwise required by state or federal law.
(g) A licensed SPMO shall make available to
				all account holders contact information for a recognized problem-gambling
				support organization.
(h) A
				licensed SPMO shall not disseminate, or cause to disseminate, advance deposit
				wagering advertising that it determines to be deceptive to the public. A
				licensed SPMO shall state in all advertising in the state of Indiana that
				residents under the age of twenty-one (21) are not permitted to open, own, or
				have access to an advance deposit wagering account.
(i) If the licensed SPMO is located in
				Indiana, no account shall be established for any natural person under the age
				of twenty-one (21).
(j) Each
				manager, employee, or agent of a licensed SPMO has a duty to comply with the
				rules of the commission at all times and acknowledge that the rules are a
				condition under which the permits are granted.
(k) A licensed SPMO shall comply with all
				applicable federal laws including, but not limited to, Internal Revenue Service
				(IRS) requirements for reporting and withholding proceeds from advance deposit
				wagers by account holders and shall send to account holders subject to IRS
				reporting or withholding a Form W2-G summarizing the information for tax
				purposes following a winning wager being deposited into an account. Upon
				written request, the licensed SPMO shall provide account holders with
				summarized tax information on advance deposit wagering activities.
NOTE: Agency cited as
					 71 IAC 9-2.1-9, which was
					 renumbered by the Publisher as
					 71 IAC 9-2.2-9.