reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74A - SELF-EXCLUSION LIST › Subchapter 5 - ADMINISTRATIVE REQUIREMENTS FOR PERMITTED RACETRACKS, ACCOUNT WAGERING LICENSEE, OFF-TRACK WAGERING LICENSEE › Section 13:74A-5.2 - Reporting responsibilities to Racing Commission

Current through Register Vol. 56, No. 14, July 15, 2024
Each permit holder, the account wagering licensee, the
				  off-track wagering licensee, and the fixed odds wagering licensee shall
				  promptly notify the Racing Commission Executive Director, or designee, in
				  writing of any incident which occurs in violation of this chapter or of the
				  internal control procedures implemented pursuant to the procedure set forth at
				  N.J.A.C.
				  13:74A-5.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74A - SELF-EXCLUSION LIST › Subchapter 6 - PENALTIES; LIMITATIONS ON LIABILITY › Section 13:74A-6.1 - Permitted racetracks, licensed off-track wagering facilities, account wagering licensee, fixed odds wagering licensee; responsible employees or agents; penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any racetrack
				permit holder, off-track wagering licensee, account wagering licensee, or fixed
				odds wagering licensee, and any responsible employee or agent thereof who
				willfully violates this chapter, shall be subject to a permit or license
				suspension, a fine not to exceed $ 5,000 per wagering incident, the forfeiture
				of money or a thing of value obtained by the permit holder, off-track wagering
				licensee, or account wagering licensee, and such other remedial conditions
				which the Racing Commission deems appropriate. Where the Racing Commission
				orders such a forfeiture, it shall cause the proceeds of the forfeiture to be
				deposited into the State General Fund for appropriation by the Legislature to
				the Department of Health to provide funds for compulsive gambling treatment and
				prevention programs in the State.
(b) No penalty shall be imposed pursuant to
				this subchapter unless notice of the allegations and an opportunity to be heard
				is first afforded in accordance with the Administrative Procedures Act,
				N.J.S.A. 52:14B-1.1et seq., and the Uniform Administrative Procedure Rules,
				N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74A - SELF-EXCLUSION LIST › Subchapter 6 - PENALTIES; LIMITATIONS ON LIABILITY › Section 13:74A-6.2 - Limitation on liability of the State, Racing Commission, Racing Commission permit holders and licensees

Current through Register Vol. 56, No. 14, July 15, 2024
The State of New Jersey, the Department of Law and Public
				  Safety and its employees, the Racing Commission and its employees, permitted
				  racetracks and their employees, the off-track wagering licensee and its
				  employees, the account wagering licensee and its employees, and the fixed odds
				  wagering licensee and its employees shall not be liable to any person
				  requesting self-exclusion and the person's heirs, administrators, and executors
				  and assigns for any harm, monetary or otherwise, which may arise out of or by
				  reason of any act or omission relating to the request for self-exclusion or
				  request for removal from the self-exclusion list including: its processing or
				  enforcement; the failure of a New Jersey Racing Commission licensee or permit
				  holder to withhold wagering privileges from, or restore wagering privileges to,
				  a self-excluded person; permitting a self-excluded person to gain entry to
				  and/or wager at a permitted racetrack or off-track wagering facility, or wager
				  through the account wagering system and/or fixed odds wagering system while on
				  the self-excluded list; disclosure of the information contained in a
				  self-exclusion application or an individual on the self-exclusion list, except
				  for a willful unlawful disclosure of such information; and the exercise of
				  duties pursuant to the administration or enforcement of this
				  chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 1 - GENERAL PROVISIONS › Section 13:74C-1.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter are applicable only to exchange
				  wagering. This chapter shall be applicable to all persons licensed by the
				  Commission in connection with exchange wagering, and every patron and account
				  holder of the exchange wagering system.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 3 - TRANSFER OR ASSIGNMENT OF EXCHANGE WAGERING LICENSE TO A SUCCESSOR IN INTEREST; OPERATION OF EXCHANGE WAGERING SYSTEM BY PERSON OR ENTITY OTHER THAN THE EXCHANGE WAGERING LICENSEE; IN-STATE REQUIREMENT FOR EXCHANGE WAGERING SYSTEM COMPONENTS; REGULATORY COSTS; EXCHANGE WAGERING SYSTEM REVENUE DISTRIBUTION › Section 13:74C-3.4 - Racing Commission regulatory costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at (b) and (c) below,
				or as otherwise provided in this chapter, the exchange wagering licensee shall
				be directly responsible for the timely payment of all Commission costs and
				expenses related to the investigation, regulatory oversight, and regulatory
				administration of the exchange wagering system. Such costs shall be reimbursed
				to the exchange wagering licensee, from exchange revenues, as authorized at
				N.J.S.A.
				5:5-180a and
				5:5-171.b and
				N.J.A.C.
				13:74C-3.5.
(b) Notwithstanding the provisions at (a)
				above, in the event the business activity and functions associated with the
				exchange wagering system are proposed to be conducted or situated outside this
				State, and a petition is filed with the Commission for such approval consistent
				with N.J.A.C. 13:74C-3.3, the person or
				entity who is proposed to directly provide those out-of-State services in
				connection with the exchange wagering system shall be responsible for the
				payment to the Commission of the regulatory costs associated with compliance
				with N.J.A.C.
				13:74C-3.3(b).
(c) Notwithstanding the provisions at (a)
				above, provided that the Commission grants a related waiver of the in-State
				requirement for business activities and functions pursuant to
				N.J.A.C.
				13:74C-3.3, the person or entity who is to
				directly provide those services outside this State, in connection with the
				exchange wagering system, shall be responsible for the direct payment to the
				Commission of all regulatory costs associated with compliance with
				N.J.A.C.
				13:74C-3.3(a)5. Such person
				or entity shall additionally be responsible for any investigative, and
				travel-related costs associated with the Commission's investigation into any
				matter reasonably resulting or associated with the business activities and
				functions approved by the Commission to be conducted or situated outside this
				State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 3 - TRANSFER OR ASSIGNMENT OF EXCHANGE WAGERING LICENSE TO A SUCCESSOR IN INTEREST; OPERATION OF EXCHANGE WAGERING SYSTEM BY PERSON OR ENTITY OTHER THAN THE EXCHANGE WAGERING LICENSEE; IN-STATE REQUIREMENT FOR EXCHANGE WAGERING SYSTEM COMPONENTS; REGULATORY COSTS; EXCHANGE WAGERING SYSTEM REVENUE DISTRIBUTION › Section 13:74C-3.5 - Required distributions of certain exchange revenues and net exchange wagering revenues; audit requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exchange wagering licensee shall
				distribute the exchange revenues in accordance with the following priority
				categories:
1. The exchange wagering licensee
				shall be entitled to reimbursement, for regulatory costs paid to or on behalf
				of the Commission, as required pursuant to
				N.J.A.C.
				13:74C-3.4;
2. The exchange wagering licensee shall pay
				any person or entity it retained to conduct any audit required by (b)
				below;
3. Pursuant to any
				Commission-approved written agreement, authorized at
				N.J.A.C.
				13:74C-3.2, the exchange wagering licensee
				shall pay the reasonable and necessary fee due any person or entity it engages
				as an exchange wagering agent and/or exchange wagering services
				agent;
4. The exchange wagering
				licensee shall retain its reasonable and necessary actual expenses incurred in
				administering, marketing, and operating the exchange wagering system;
5. After each of the payments pursuant to
				(a)1 through 4 above are made from the exchange revenues, the exchange wagering
				licensee shall distribute 50 percent of the remaining exchange revenues as
				payments to overnight purses pursuant to the formula set forth at (c) below;
				and
6. The balance of the exchange
				revenues remaining after the distribution of the payments described in (a)1
				through 5 above, that is, the net exchange revenues, shall be distributed
				pursuant to (d) or (e) below, as appropriate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 4 - STANDARDS FOR EXCHANGE WAGERING SYSTEM › Section 13:74C-4.2 - Review of exchange wagering account application by exchange wagering licensee; discretionary suspension or closure of exchange wagering account by exchange wagering licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exchange wagering licensee shall
				accept or reject an application for an exchange wagering account after receipt
				and review of the application for compliance with the Act and this chapter. The
				exchange wagering licensee shall verify the identification, residence, and age
				of the exchange wagering account applicant using methods and technologies
				approved by the Commission, and shall ensure that the acceptance of such
				application would be consistent with the Act, this chapter, and the internal
				control procedures of the exchange wagering licensee. Any prospective account
				holder who provides false or misleading information on the application is
				subject to rejection of the application or suspension or closing of the
				exchange wagering account, by the exchange wagering licensee, without prior
				notice.
(b) The exchange wagering
				licensee may additionally reject an exchange wagering application at its
				discretion. The exchange wagering licensee may, as permitted pursuant to (a)
				above, suspend or close an exchange wagering account, including where the
				exchange wagering account holder attempts to place an exchange wager or
				exchange wagers with an insufficient account balance, where the exchange
				wagering account holder acts contrary to
				N.J.A.C.
				13:74C-5.6(b), or where the
				exchange wagering licensee otherwise determines that such action would be
				consistent with its proper conduct and operation of the exchange wagering
				system.
(c) The decision of the
				exchange wagering licensee to reject an application for an exchange wagering
				account, or to suspend or close an account, shall not be the subject of any
				appeal to the Commission, and shall constitute a final decision on the part of
				the exchange wagering licensee.
(d)
				Where the exchange wagering licensee suspends an exchange wagering account for
				a period of 48 hours or longer, or closes an exchange wagering account pursuant
				to this chapter, it shall file a written report with the Commission Supervisor
				of Mutuels identifying: the name of the exchange wagering account holder; the
				address of the exchange wagering account holder; the date of the suspension or
				closure of the exchange wagering account; and the reason for the suspension or
				closure of the exchange wagering account.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 4 - STANDARDS FOR EXCHANGE WAGERING SYSTEM › Section 13:74C-4.6 - Dormant exchange wagering accounts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exchange wagering licensee,
				consistent with this chapter and its internal control procedures, may, in its
				discretion, cause a dormant exchange wagering account to be closed.
(b) The exchange wagering licensee, at least
				30 days before the date on which any dormant account is to be closed, shall
				forward by regular and certified mail to the address of the exchange wagering
				account holder, as set forth in the exchange wagering account holder's exchange
				wagering account application (or properly amended exchange wagering account
				application), notice of the date on which the exchange wagering account shall
				be closed. The notice shall specify that, upon any closure of the exchange
				wagering account, the funds within the exchange wagering account shall be
				disbursed as set forth at (c) below. The notice shall further provide what
				actions the exchange wagering account holder must take, consistent with the
				internal control procedures of the exchange wagering licensee, in order for the
				exchange wagering account holder to secure the funds in the exchange wagering
				account prior to its closure, or alternatively, and subject to the discretion
				of the exchange wagering licensee, to cause the exchange wagering account not
				to be closed and remain an active exchange wagering account.
(c) Where an exchange wagering account is
				closed, consistent with this section, the funds that were within the closed
				exchange wagering account shall be disbursed as exchange revenues, for
				distribution as provided at
				N.J.A.C.
				13:74C-3.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 4 - STANDARDS FOR EXCHANGE WAGERING SYSTEM › Section 13:74C-4.8 - Responsibility for overpayment and underpayment errors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an error occurs in the payment of
				amounts of exchange wagers, regardless of cause, the exchange wagering licensee
				shall be responsible for such overpayment or underpayment.
(b) Nothing in this section shall be
				interpreted to preclude the exchange wagering licensee from entering into a
				written contract or written agreement, with another person or entity, including
				any exchange management agent or exchange services agent, requiring
				reimbursement to the exchange wagering licensee for its overpayment or
				underpayment of exchange wagers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 4 - STANDARDS FOR EXCHANGE WAGERING SYSTEM › Section 13:74C-4.9 - Exchange wagering account holder complaints to the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application
				to establish an exchange wagering account shall contain or be accompanied by a
				statement, as approved by the Commission, advising the prospective applicant
				that an exchange wagering account holder may file any complaint, as may concern
				the exchange wagering system, with the Commission, in writing, or by computer.
				The statement shall include the present address of the Commission for such
				purpose, and the email address of the Commission for such purpose.
(b) The exchange wagering licensee, its
				employees, and agents shall not have direct access to the complaints submitted
				by exchange wagering account holders as a result of the filing of such a
				complaint with the Commission. The Commission Executive Director shall provide
				a copy of each complaint to the exchange wagering licensee unless, in his or
				her discretion, he or she determines that to do so would be inconsistent with a
				Commission investigation or criminal investigation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 4 - STANDARDS FOR EXCHANGE WAGERING SYSTEM › Section 13:74C-4.10 - Exchange wagering by certain persons prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the prohibitions set forth
				at N.J.A.C.
				13:74C-4.1(b), a person who
				has been excluded by the Commission from appearing at any premises subject to
				the jurisdiction of the Commission pursuant to this chapter or N.J.A.C. 13:70,
				71, 72, or 74, including, but not limited to, the premises of off-track
				wagering facilities, racetracks, licensed farms, non-licensed farms where
				racehorses are situated, and casino simulcast facilities, shall not be
				permitted to open or to maintain an exchange wagering account.
(b) Nothing in this chapter shall be
				interpreted to preclude the Commission from initiating a hearing with regard to
				an exchange wagering account holder whose continued participation in the
				exchange wagering system would be inimical to the integrity of exchange
				wagering or racing, or who is in violation of the Act, this chapter, or
				N.J.A.C. 13:70, 71, 72, or 74, for the purpose of excluding the exchange
				wagering account holder from participating in racing, maintaining an exchange
				wagering account, and appearing at any premises subject to the jurisdiction of
				the Commission.
(c) No Commission
				licensee may at any time, directly or indirectly, place an exchange wager in
				connection with any race or races where that licensee has performed any service
				whatsoever, or will participate in the race, where that service performed or
				participation would be pursuant to the license or licenses issued to such
				person by the Commission. For example, a Commission-licensed trainer who trains
				a horse that participates in race "x" may not place an exchange wager in
				connection with race "x", or an exchange wager where the outcome of the
				exchange wager is dependent on the outcome of multiple races that involve race
				"x", such as an exchange wager, which relates to the outcome of races "x" and
				"y"; a Commission-licensed veterinarian who treats a horse in connection with
				race "x" may not place an exchange wager in connection with race "x"; and a
				jockey or driver who participates in race "x" may not place an exchange wager
				in connection with race "x". However, a Commission licensee who has no
				involvement whatsoever in any race or race subject of an exchange wager, or who
				will have no involvement in any race or race subject of an exchange wager, may
				place an exchange wager in connection with such race or races, provided he or
				she does so through his or her properly established exchange wagering
				account.
(d) The employees of the
				exchange wagering licensee, or any exchange management agent or exchange
				services agent, shall not be permitted to have or maintain an exchange wagering
				account.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.1 - Permissible market types

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following market types shall be permissible within the exchange established by
				the exchange wagering licensee, subject to compliance with the procedure set
				forth at N.J.A.C. 13:74C-5.2:
1. Off-time market, which is a market within
				the exchange through which an exchange wagering account holder may back or lay
				a selected outcome on horse races conducted within and outside this State, and
				where the market is closed for exchange wagering at off-time;
2. Antepost market, which is a market within
				the exchange through which an exchange wagering account holder may back or lay
				a selected outcome on horse races conducted within and outside this State. In
				an antepost market, the exchange wager is placed in advance of the closing of
				entries on an outcome, and the exchange wager includes both that the selected
				horse will run the race and that the selected horse will finish the race in the
				selected position of win, place, or show. An antepost market closes for
				exchange wagering at the close of entries;
3. Finish market, which is a market within
				the exchange through which an exchange wagering account holder may back or lay
				a selected outcome on horse races conducted within and outside this State, and
				which market remains open after the off-time and closes for exchange wagering
				at the official finish of the race; and
4. Such other new markets as may be proposed
				by the exchange wagering licensee to the Commission through the filing of a
				written petition, pursuant to
				N.J.A.C.
				13:74C-5.2, and which are approved by the
				Commission. The Commission shall approve a new market where the exchange
				wagering licensee demonstrates to the Commission's satisfaction, by clear and
				convincing evidence, that the new market is in compliance with the Act and this
				chapter, that the offering of exchange wagering through the new market will be
				accurately processed, that all aspects of wagering integrity and wagering
				recordkeeping will be maintained, that the offering of the new market will not
				negatively impact the fiscal soundness and technological reliability of the
				exchange wagering system, that the new market will not create undue confusion
				to the wagering public, and that the new market will not be inimical to the
				bests interests of racing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.3 - Procedure in the event of a minor technological breakdown of the exchange wagering system, not requiring the suspension or voiding of the market

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of
				a minor technological breakdown associated with the exchange wagering system,
				which renders the exchange wagering system non-functional, and where the
				exchange wagering licensee determines that the nature and degree of the minor
				technological breakdown does not require a suspension or voiding of the market
				as authorized pursuant to
				N.J.A.C.
				13:74C-5.4, the exchange wagering licensee
				shall:
1. Cause all matched wagers, as of the
				time of the failure, to remain matched, and to be paid in accordance with the
				established price for such wagers and the internal control procedures of the
				exchange wagering licensee applicable to matched wagers; and
2. Cause all unmatched wagers to be
				cancelled.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.5 - Corrective wagers permissible under certain circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exchange wagering licensee may, under
				circumstances set forth in its internal control procedures as approved by the
				Commission pursuant to
				N.J.A.C.
				13:74C-2.2, cause a corrective wager to be
				placed in a given market provided the placement of such wager is necessary to
				address the impact on that market of the cancellation or voiding of a given
				wager or given part of a matched wager, and provided that the cancellation or
				voiding of such given wager is due to the exchange wagering licensee's mistaken
				acceptance thereof.
(b) Corrective
				wagers may only be placed in a manner where no exchange revenues accrue to the
				exchange wagering licensee, any exchange management agent, or any exchange
				services agent.
(c) In the event
				the exchange wagering licensee causes a corrective wager to be placed pursuant
				to (a) above, it shall promptly cause to be filed with the Commission
				Supervisor of Mutuels a written report detailing the action taken, and the
				reasons in support of such action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.6 - Cancellation of unmatched wagers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exchange wagering licensee may cancel
				an unmatched wager at any time, without cause, before it is matched to form one
				or more identically opposing wagers.
(b) An exchange wagering account holder who
				offers an unmatched wager may cancel that unmatched wager at any time, without
				cause, before it is matched by the exchange wagering licensee to form one or
				more identically opposing wagers. However, the suspected abuse of this
				cancellation privilege by an account holder, including, but not limited to,
				where any such cancellation is made pursuant to or in furtherance of fraudulent
				activity related to horse racing or the exchange wagering system, or where the
				frequency of such cancellations is determined by the exchange wagering provider
				to negatively impact the exchange or any given market, shall serve as a basis
				for the closure or suspension of the exchange wagering account pursuant to
				N.J.A.C.
				13:74C-4.2.
(c) In the event the exchange wagering
				licensee cancels an unmatched wager, as authorized by this section, the
				exchange wagering licensee shall promptly cause to be filed with the Commission
				Executive Director a written report detailing the action taken, and the reasons
				in support of such action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.7 - Finalization of exchange wagers; cancellation of matched wagers under limited circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Except as provided at (b) below, once an unmatched wager is confirmed by the
				exchange wagering licensee as having been matched to an identically opposing
				wager in a given market on the exchange, and a matched wager is thereby formed,
				such matched wager shall be final and shall not be canceled.
(b) The exchange wagering licensee shall only
				cancel a matched wager, or part of a matched wager, if such cancellation is
				ordered by the Commission or, where in its sole discretion, the exchange
				wagering licensee determines that:
1. There is
				a technological failure of the exchange wagering system and the entire market,
				within which the exchange wager was made, must as a result be voided in
				accordance with the procedure at
				N.J.A.C.
				13:74C-5.4(c);
2. There is good cause to suspect that a
				person placing a wager through the exchange wagering system has acted in
				violation of the terms and conditions entered into with the exchange wagering
				licensee at the time such person's exchange wagering account was established,
				or at the time the terms thereof were amended;
3. It is in the interest of maintaining the
				integrity and fairness in a particular market, including as provided at
				N.J.A.C.
				13:74C-5.8(a); or
4. Human error, by the exchange wagering
				licensee, occurred in the recording of the exchange wager.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.8 - Non-starters and declared or scratched entries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except in the case of an antepost market,
				matched wagers on non-starters, and declared or scratched entries, shall be
				voided by the exchange wagering licensee.
(b) In the event of a non-starter, declared,
				or scratched entry, the price of all other matched wagers existing at the time
				the declared or scratched entry occurred, or the non-starter declared, may be
				reduced proportionally by the exchange wagering licensee or exchange wagering
				services agent, in accordance with its internal control procedures, to reflect
				the increased probability that those outcomes will become winning outcomes. All
				exchange wagering account applicants shall be advised of this possibility, as
				part of the application disclosures required pursuant to
				N.J.A.C.
				13:74C-4.1(f).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.9 - Exchange wagering pools; no takeout requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other law or rule to
				the contrary, the exchange wagering licensee shall not be required to include
				any pools of exchange wagers in the wagering pools at the track conducting the
				races. However, in the event that the exchange wagering licensee determines to
				do so, the exchange wagering licensee shall obtain approval in advance from the
				Commission.
(b) Notwithstanding any
				other law or rule to the contrary, the exchange wagering licensee shall not be
				required to retain, withhold, or take out any amounts from any exchange wagers.
				However, in the event that the exchange wagering licensee determines to do so,
				the exchange wagering licensee shall obtain approval in advance from the
				Commission, as required pursuant to
				N.J.A.C.
				13:74C-5.11.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.10 - Interstate exchange pools permissible

Current through Register Vol. 56, No. 14, July 15, 2024
Where approved by the Commission, and where the exchange
				  wagering licensee demonstrates by clear and convincing evidence that a proposed
				  interstate exchange pool is consistent with law in all respects, an interstate
				  exchange pool may be offered. An interstate exchange pool may be established in
				  this State, in another state, or a foreign nation. Regardless of where
				  established, the unmatched exchange wagers of New Jersey exchange wagering
				  account holders shall be matched with unmatched exchange wagers, within the
				  interstate exchange pool, to form identically opposing matched
				  wagers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.11 - Imposition of exchange wagering surcharges permitted

Current through Register Vol. 56, No. 14, July 15, 2024
Subject to approval of the Commission, both as to type and
				  amount, the exchange wagering licensee may impose and collect exchange
				  revenues, in the form of a surcharge or surcharges associated with exchange
				  wagering accounts and exchange wagers. Permissible surcharges shall include,
				  but not be limited to, surcharges in connection with the submission of exchange
				  wagers to the exchange wagering licensee for processing, and the assessment of
				  a surcharge on any exchange wagering account holder's winnings. Any imposed
				  surcharges shall constitute exchange revenues and be distributed in accordance
				  with N.J.A.C.
				  13:74C-3.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.12 - Changes to exchange wagering hardware or software infrastructure components; successful testing requirement

Current through Register Vol. 56, No. 14, July 15, 2024
No change may be made to the exchange wagering hardware or
				  software infrastructure components unless the exchange wagering licensee first
				  submits to the Commission Supervisor of Mutuels a certified written statement
				  setting forth, with specificity, the changes proposed to be made to such
				  infrastructure and a certification that the proposed change was the subject of
				  successful testing. The Commission Supervisor of Mutuels, in consultation with
				  the Commission Executive Director, may require that additional testing be
				  conducted by the exchange wagering licensee, before the change is implemented,
				  where to do so would be consistent with the integrity of the exchange wagering
				  system.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 5 - CONDUCT OF EXCHANGE WAGERING › Section 13:74C-5.13 - Race information availability

Current through Register Vol. 56, No. 14, July 15, 2024
The exchange wagering licensee's internal control procedures
				  shall set forth what race information, if any, it shall make available to
				  exchange wagering account holders. In the event the exchange wagering licensee
				  elects not to provide race information to exchange wagering account holders, or
				  if the Commission determines that the race information the exchange wagering
				  licensee elects to make available to exchange wagering account holders is
				  insufficient, the Commission may, in its discretion, impose a license condition
				  on the exchange wagering licensee requiring that race information, including
				  the nature and extent of such race information, be provided by the exchange
				  wagering licensee to exchange wagering account holders. In determining whether
				  to impose such a condition, the Commission shall consider whether such
				  provision of such race information to exchange wagering account holders will
				  foster and enhance the exchange wagering system, alleviate the potential for
				  confusion amongst the exchange wagering account holders, whether the race
				  information is otherwise reasonably and readily available to the exchange wager
				  account holders from a source other than the exchange wagering licensee, and
				  the position of the exchange wagering licensee.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.2 - Duration of license

Current through Register Vol. 56, No. 14, July 15, 2024
All licenses issued pursuant to this chapter shall be
				  effective from January 1st to December 31st of the same year, except as
				  provided at
				  N.J.A.C.
				  13:74C-2.1 and 2.2(b).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.3 - License fee payment

Current through Register Vol. 56, No. 14, July 15, 2024
All license fee costs shall be paid when the license
				  application is filed with the Commission, and shall be non-refundable for any
				  reason, including the denial of the license applied for.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.4 - Collection and dissemination of Social Security numbers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may request Social
				Security numbers to be furnished for use in determining a license applicant's
				eligibility for licensure. No application shall be denied for failure to comply
				with such request, provided that a person may be required to submit such other
				information as the Commission may require in order to determine an applicant's
				eligibility for licensure.
(b) Any
				form used by the Commission to request submission of a Social Security number
				shall include the following:
1. A statement
				that the provision of a Social Security number is voluntary;
2. A citation to this section, which
				authorizes the Commission to request the Social Security number; and
3. A statement that the Commission will use
				Social Security numbers as a secondary internal identifier for the following
				purposes: credit checks, background checks, and other such
				investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.5 - Fingerprint and photograph requirement

Current through Register Vol. 56, No. 14, July 15, 2024
All persons licensed by the Commission in connection with the
				  exchange wagering system are required to be fingerprinted and photographed. The
				  applicant must pay for the cost of fingerprints and for the related criminal
				  history check consistent with the fee structure of the reviewing State and
				  Federal agency.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.6 - Age requirements

Current through Register Vol. 56, No. 14, July 15, 2024
No application for a license shall be considered or granted
				  to a person who is not 18 years of age or older.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.7 - Badges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				Commission-licensed personnel employed at the premises of the exchange wagering
				licensee, at the premises of any exchange management agent, and at the premises
				of any exchange services agent, shall be required to wear upon their outside
				apparel in prominent position an identification tag which may be devised or
				authorized by the exchange wagering licensee, as approved by the Commission,
				and to carry on their person and produce to the Commission, upon request, the
				authorized badges containing picture identification supplied by the Commission.
				In the event the exchange wagering licensee elects not to devise or authorize
				such an identification tag, all such Commission-licensed personnel shall
				instead be required to wear upon their outside apparel in a prominent position
				the authorized badges containing picture identification supplied by the
				Commission. In the event any such employees are required to wear Commission
				identification tags, or the equivalent, as a result of licensure by the
				Commission in another capacity, the required exchange wagering identification
				tag shall be endorsed to reflect the other category of Commission licensure, in
				a uniform manner acceptable to the Commission. Notwithstanding anything in this
				section to the contrary, the penalty for an individual's failure to comply with
				this section shall be $ 15.00 for a first violation; $ 25.00 for a second
				violation; $ 50.00 for a third violation; and a $ 100.00 fine and seven-day
				license suspension for each violation thereafter.
(b) The requirement of this section may be
				waived by the Commission as concerns employees who conduct any functions in
				connection with the exchange wagering system, where those functions are
				performed out-of-State, as approved by the Commission pursuant to
				N.J.A.C.
				13:74C-3.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.8 - Refusal to issue or renew license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The burden shall rest on each applicant
				to show that he or she is qualified in every respect to receive the license
				applied for. Ability, as well as good character and integrity, must be clearly
				shown by the applicant in order to receive the license applied for.
(b) The Commission may investigate the
				applicant or any person named in the application, with respect to such person's
				background, good character, qualifications, financial responsibility, criminal
				record, subversive record, and other reports concerning such persons, in order
				to determine whether the applicant is qualified to receive the license applied
				for.
(c) The Commission may refuse
				to issue or renew a license, or may suspend a license issued pursuant to this
				chapter, if it shall find that the applicant is not of good character, is not
				qualified to hold the license applied for, or that the applicant, or any person
				who is a partner, agent, employee, or associate of the applicant, has been
				convicted of a crime in any jurisdiction, or is associating or consorting with
				any person or persons who has been convicted of a crime or crimes in any
				jurisdiction, or is consorting with, or has consorted with bookmakers, touts,
				or persons of similar pursuits, or is financially irresponsible, or has been
				guilty of or attempted any fraud or misrepresentation in connection with
				racing, breeding, or otherwise, or has violated or attempted to violate any law
				with respect to racing in any jurisdiction or any rule, regulation, or order of
				the Commission, or shall have violated any rule of racing, which shall have
				been approved or adopted by the Commission, or has been guilty of or engaged in
				similar, related, or like practices.
(d) In considering an application for a
				license, the Commission or Commission Executive Director may require that the
				applicant appear before the Commission, the Commission Executive Director, or
				designee, for an interview in connection with the license application. An
				applicant has the unqualified duty to cooperate with the Commission in
				connection with its investigation into any application for a license and a
				license shall be denied where the applicant fails to do so.
(e) Any person making any false, untrue, or
				misleading statements on a license application, or in connection with any
				written or oral examination in connection with an application for a license,
				shall be denied a license and is subject to the additional penalties set forth
				at N.J.A.C. 13:74C-6.10.
(f) Where a license is denied, the Commission
				Executive Director shall cause a ruling to be issued reflecting the license
				denial. An applicant who has been denied a license may appeal the license
				denial to the Commission in accordance with
				N.J.A.C.
				13:74C-6.12.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.9 - License conditions

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall have the discretion to impose conditions
				  upon any license necessary to effectuate the purposes of the Act and this
				  chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.10 - Suspension or revocation of a license; penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any license
				issued pursuant to this chapter, considering the particular facts present and
				the nature of the violation, may, following the conduct of a hearing, be
				suspended for a finite period of time, suspended indefinitely, or permanently
				revoked; and a monetary fine issued, or a letter of reprimand issued, at any
				time for: misconduct or malfeasance; conduct detrimental to racing; failure to
				comply with any license condition; violation of any rule or order of the
				Commission; failure to comply with the requirements of the Act and this
				chapter; fraudulent activity; bribery; financial irresponsibility, meaning the
				accumulation of unpaid obligations, or the issuance of drafts or checks that
				are dishonored or on which payment is refused, or conduct otherwise displaying
				financial irresponsibility reflecting on the exchange wagering system; failure
				to cooperate with the Commission in any investigation as required pursuant to
				N.J.A.C.
				13:74C-6.11; or any attempt to commit, or
				participation in any conspiracy to commit, any of the above-listed
				acts.
(b) Any fine imposed as a
				result of a violation of this chapter shall not exceed $ 5,000 per violation.
				Where the violation is ongoing in nature, a fine not to exceed $ 5,000 per day
				may be imposed. A penalty of revocation may only be ordered by the
				Commission.
(c) Where a license
				suspension or license revocation is ordered, the licensee subject to the action
				shall be ordered not to appear at any premises subject to the jurisdiction of
				the Commission.
(d) In imposing any
				penalty, the imposition of remedial conditions may be ordered.
(e) A licensee, subject to compliance with
				the requirements and procedures set forth at
				N.J.A.C.
				13:71-26.9, may have his or her license
				suspended immediately when the licensee is indicted in this State for a crime
				of the first, second, third, or fourth degree, or is indicted for a similar
				crime under Federal law or the law of another state or country.
(f) Where a penalty is imposed as a result of
				a violation of this chapter, the Commission Executive Director shall cause a
				ruling to be issued reflecting the violation and penalty ordered.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.11 - Duty to cooperate; knowledge of violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensee who shall come into possession
				of knowledge concerning any violation at N.J.A.C. 13:70, 71, 72, 73, or 74, or
				the rules of racing or any violation of law in connection with the Act and this
				chapter, the running of a race, or the wagering or exchange wagering conducted
				in connection with the running of a race, shall immediately report the
				information to the Commission for investigation and such action as the case may
				warrant.
(b) A licensee has the
				duty to fully cooperate in any investigation being conducted by the Commission,
				including as concerns the Act and this chapter.
(c) A licensee shall give every possible
				cooperation, aid, and assistance to any department, bureau, division, officer,
				agent, or inspector, or any other person connected with the United States
				government or with this State, or who may be acting in cooperation therewith,
				who may be investigating or prosecuting any matter involving a violation of
				law, or any other rules or regulations of the Commission, including the Act and
				this chapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 6 - LICENSING; PENALTIES FOR VIOLATIONS; HEARING PROCESS › Section 13:74C-6.12 - Hearing requirement and procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the Administrative Procedure
				Act, N.J.S.A. 52:14B-1 et seq., and
				52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1,
				the Commission may directly conduct a hearing to determine if a violation of
				its rules has occurred. Upon a finding of violation(s), the Commission may
				directly impose any of the penalties set forth at
				N.J.A.C.
				13:74C-6.10. Alternatively, the Commission or
				Commission Executive Director may refer the matter to the Office of
				Administrative Law for an initial decision.
(b) Except as provided at
				N.J.A.C.
				13:74C-6.1(a), any person
				who has been denied a license may appeal such determination by filing a written
				request with the Commission Executive Director within 10 days of the license
				denial decision. In such event, the Commission Executive Director shall cause
				the matter to be referred to the Office of Administrative Law for a recommended
				decision.
(c) Any appeal of a final
				decision of the Commission, as concerns a license denial or imposed penalty,
				shall be to the Superior Court of New Jersey, Appellate Division.
(d) The license applicant or licensee shall
				be responsible for any costs incurred in connection with any hearing or appeal
				proceeding pursuant to this section.