Pennsylvania Code › Title 7 - AGRICULTURE › Part VIII - State Horse Racing Commission › Subpart C - Pari-Mutuel Wagering › Chapter 197 - ADVANCE DEPOSIT ACCOUNT WAGERING-TEMPORARY REGULATIONS › Section 197.3 - Advance deposit account wagering rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The ADW shall notify the patron, at the
				  time of opening the account, of any rules the association has made concerning
				  deposits, withdrawals, average daily balance, user fees, interest payments and
				  any other aspect of the operation of the account. The ADW shall notify the
				  patron whenever the rules governing the account are changed, the notification
				  occurring before the new rules are applied to the account and including the
				  opportunity for the patron to close or cash-in the account. The patron shall be
				  deemed to have accepted the rules of account operation upon opening or not
				  closing the account. The ADW shall request authorization from the Commission
				  before a system of account wagering is offered.
(b) The ADW may reserve the right at any time
				  to refuse to open an account, to accept a wager or to accept a
				  deposit.
(c) Each account holder
				  shall provide the personal information as the ADW and the Commission require,
				  including an address to which communications are to be delivered. The ADW shall
				  provide each account holder, a confidential account number and password to be
				  used by the patron to confirm the validity of every account
				  transaction.
(d) Deposits may be
				  made in cash, by check or by other methods approved by the Commission. Holding
				  periods will be determined by the ADW and advised to the account holder. A
				  written or electronic receipt for the deposit may be issued to the account
				  holder but does not need to reflect the current account balance.
(e) Each account holder shall be deemed to be
				  aware of the status of that account at all times and shall maintain an adequate
				  fund balance. Wagers will not be accepted which would exceed the available
				  balance of that account. Any account not updated when a transaction is
				  completed shall be inoperable until the transaction is posted and the account
				  balance updated.
(f) When an
				  account is entitled to a payout or refund, said moneys will be credited to the
				  respective accounts, thus increasing the credit balance. It is the
				  responsibility of the account holder to verify proper credits and, if in doubt,
				  notify the association within the agreed upon time-frame for consideration.
				  Unresolved disputes may be forwarded to the Commission by the ADW or the
				  account holder. No claim will be considered by the Commission unless submitted
				  in writing and accompanied by supporting evidence.
(g) The ADW must maintain complete records of
				  every deposit, withdrawal, wager and winning payout for each. These records
				  shall be made available to the Commission upon request.
(h) For wagers made for an account by
				  telephone, the ADW shall make a voice recording of the entire transaction and
				  shall not accept any wager if the voice recording system is inoperable. Voice
				  recordings shall be retained for not less than 6 months and shall be made
				  available to the Commission for investigative purposes.
(i) Any account wagering system must provide
				  for the account holder's review and finalization of a wager before it is
				  accepted by the ADW. Neither the account holder nor the ADW shall change a
				  wager after the account holder has reviewed and finalized the wager. In the
				  case of a wager made by telephone, the voice recording of the transaction shall
				  be deemed to be the actual wager, regardless of what was recorded by the
				  pari-mutuel system.
(j) The ADW may
				  close any account when the holder thereof attempts to operate with an
				  insufficient balance or when the account is dormant for a period approved by
				  the Commission. In either case, the ADW shall refund the remaining balance of
				  the account to the account holder.
This section cited in 7 Pa. Code §
												197.4 (relating to ADWs in other
						jurisdictions).