reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:45 - Key employee

Current through Register Vol. 51, page 10, July 15, 2024
If it is the judgment of the commission that the public interest will be served by requiring a person to be licensed as a key employee, the commission shall serve notice of the determination upon the hub licensee who employs or contracts with the person. The commission is not restricted by the title of the job performed by the person but may consider the functions and responsibility of the person in making its decision. Grounds for requiring or denying licensing of a key employee include:
(1) If the person is new to the pari-mutuel industry, to the particular hub licensee, the position, or the level of influence or responsibility which the person has, and whether the commission has insufficient or outdated information concerning the persons character, background, reputation, or association; or
(2) If the information received by the commission or the executive secretary which, if true, constitutes grounds for a finding of unsuitability.
The hub licensee shall, within 30 days following receipt of the notice of the commission's determination, present the application for licensing of the person to the commission or provide documentary evidence that the person is no longer employed by the hub licensee. Failure of the hub licensee to respond as required by this section is grounds for disciplinary action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:46 - Review of key licensee status

Current through Register Vol. 51, page 10, July 15, 2024
A person required to submit an application to be licensed as a key employee as required by §
									20:04:33:45  may request the commission, in writing, to review its determination of that individual's status within the hub operation. If the commission determines that the person is not a key employee or that the public interest does not require the person to be licensed as a key employee, the application shall be allowed to be withdrawn and the persons employment shall be allowed to continue. The request of the key employee applicant for review of key employee status does not stay the obligation of the hub licensee to present the key employees application within the 30-day period prescribed by §
									20:04:33:45.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
Key employee, §
											20:04:33:45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:47 - Power of commission to review and audit - Disciplinary action

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee must keep accurate, complete, legible, and permanent records for all business, account, and wagering activity in a form easily available, reviewable, and auditable by the commission or its representative.
The hub licensee shall give access to the commission or its representative to all hub records and financial information including all account information for the purpose of review and audit. The hub licensee shall make this information available at the hub location, upon notice during the hubs normal working hours.
Failure to keep and maintain the necessary business, account, and wagering information records for a period of five years, unless otherwise approved by the executive secretary, or make the records available to the commission or its representative are grounds for disciplinary action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:48 - Annual audited financial statements - Disciplinary action

Current through Register Vol. 51, page 10, July 15, 2024
The commission or the executive secretary may require that the hub licensee submit annual audited financial statements to the commission within 120 days after the last day of the licensees business year. Failure to submit the statements in a timely manner when requested are grounds for disciplinary action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:49 - Change of hub business year

Current through Register Vol. 51, page 10, July 15, 2024
If the hub licensee wishes to change its business year after being licensed the licensee must notify the executive secretary in writing and submit to the executive secretary audited financial statements covering the stub period from the end of the last business year to the beginning of the new business year not later than 120 days after the end of the stub period. With the prior approval of the executive secretary, the stub period financial statements may be incorporated into the financial statements of the new business year.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:50 - Other gaming activities, duty to notify commission

Current through Register Vol. 51, page 10, July 15, 2024
Any licensee who intends to become involved in gaming or pari-mutuel operations outside of the State of South Dakota or on any Indian reservation located in whole or in part in the State of South Dakota shall notify the commission in writing of that licensees intention to engage in such additional gaming operations and gaming business. Notification shall be mailed or delivered to the commission simultaneously with that licensee's application to the foreign state or applicable tribal authority. The executive secretary and the commission may impose any sanctions authorized by this chapter or SDCL chapter 42-7 on any licensee who fails to comply with the provisions of this section.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:51 - Business contracts

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee shall submit a copy of each proposed business contract to the executive secretary. The executive secretary or the commission may approve or deny any hub contract and require changes in the contract before participation by the licensee is allowed. The executive secretary or the commission may require a licensee to terminate participation in a contract.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:52 - Legal process and pleadings

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall deliver to the commission a copy of any process or pleading from any jurisdiction in which the licensee is a party within 30 days of being served. This requirement includes any agency or regulatory proceeding in which the licensee is a party.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:53 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
The following information is considered confidential and is not subject to public disclosure except pursuant to a court order:
(1) Tax statements and information received by the commission during the licensing process or otherwise received at the request of the commission or executive secretary;
(2) The account information of individual account holders;
(3) Any account holder information or information submitted in the operating plan required by §
									20:04:33:26  the disclosure of which may be harmful to the competitive position of the hub operation;
(4) Communications between the commission and the executive secretary relating to licensing, disciplining of licensees, or violations by licensees which are privileged, if made lawfully and in the course of and in furtherance of the business of the commission on gaming. The executive secretary, the commission, or any member of the commission may claim this privilege.
The confidentiality provisions do not apply to requests for such information or records made by the governor; attorney general; the states attorney of the county in which the hub is located; officers, employees, or legal representatives of the Department of Revenue and Regulation for the purpose of and only to the extent necessary in the investigation and audit procedures authorized by Title 10; law enforcement officers of any other municipality, county, or state or federal agency or department for a law enforcement activity if the head of that agency or department requesting such information makes a written request to the executive secretary specifying the particular information requested and specifying the law enforcement activity for which the information is sought; the confidentiality provisions do not apply to the use of such information or records by the executive secretary or commission for official purposes.
This section may not be construed to make confidential the aggregate tax collections during any reporting period, the names and business of any license, figures showing the aggregate amount of money wagered during any reporting period, or requests by host tracks for information which the hub licensee is required by contract to provide to the host tracks.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15),  42-7-56(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:54 - Compliance with the Interstate Horse Racing Act

Current through Register Vol. 51, page 10, July 15, 2024
A multi-jurisdictional totalizator hub licensee must comply with the provisions of the Interstate Horse Racing Act, 15 U.S.C. §§
										3001 to 3007 as of July 1, 2005, in the conduct of its interstate pari-mutuel wagering activity.
General Authority:
SDCL 42-7-56(15)(16).
Law Implemented:
SDCL 42-7-56(15)(16), 42-7-58.1.
Interstate Horse Racing Act, 15 U.S.C. §§
												3001 to 3007 as of July 1, 2005.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:55 - Racing rules apply

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of chapters 20:04:01, 20:04:29, 20:04:31, and 20:04:32 generally apply to the licensing, operation, and regulation of multi-jurisdictional totalizator hub, unless superseded by a provision in this chapter. Such chapters are incorporated herein by reference.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
General Administration, chapter 20:04:01.
Licenses and Licensing Procedures, chapter 20:04:29.
Definitions, chapter 20:04:31.
Satellite Wagering, chapter 20:04:32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:56 - Establishing an account

Current through Register Vol. 51, page 10, July 15, 2024
To establish an account with a multi-jurisdictional totalizator hub an application form must be signed or otherwise authorized in a manner approved by the commission and include the following information about the applicant:
(1) Full legal name;
(2) Principal residence physical address;
(3) Principal residence mailing address, if different than physical address
(4) Telephone number;
(5) Social security number; and
(6) Proper identification or certification demonstrating that the applicant for an account is at least 18 years of age, if a resident of South Dakota, or 21 years of age if not a South Dakota resident.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:57 - Account application verification

Current through Register Vol. 51, page 10, July 15, 2024
Each application submitted is subject to electronic verification of the name, principal residence address, date of birth, and social security number by either a national, independent, individual reference service company approved by the commission or other technology approved by the commission which meets or exceeds the reliability, security, accuracy, privacy, and timeliness provided by individual reference service companies. If there is a discrepancy between the application submitted and the information provided by the electronic verification described above or if no information on the applicant for an account is available from such electronic verification, another individual reference service may be accessed or other technology meeting the requirements described above may be used to verify the information provided. If these measures prove unsatisfactory, then the applicant for an account shall be contacted by the hub licensee and given instructions as to how to resolve the matter.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:58 - Account identification number

Current through Register Vol. 51, page 10, July 15, 2024
Each account shall have a unique account identification number assigned by the hub.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:59 - Secure personal identification code

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for an account shall supply the hub licensee with an alpha-numeric code to be used as a secure personal identification code when the account holder is placing an account wager. An account holder has the right to change this code at any time.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
Secure personal identification code, subdivision 20:04:33:01(24).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:60 - Information to be provided to account holder

Current through Register Vol. 51, page 10, July 15, 2024
At the time the account is approved, the account holder shall receive the following information:
(1) Unique account identification number;
(2) A copy of the account wagering rules and such other information and material that is pertinent to the operation of the account; and
(3) Such other information as the hub licensee or commission may deem appropriate.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:61 - Accounts nontransferable

Current through Register Vol. 51, page 10, July 15, 2024
No account may be transferred between individuals, hubs, or other legal entities.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:62 - Hub licensee may close or refuse to open accounts

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee may close or refuse to open an account for what the hub licensee considers good and sufficient reason. The hub licensee shall order an account closed if information used to open an account was false or misleading or if the account has been used in violation of the provisions of this chapter or of any state or federal law. The hub licensee must inform the commission of its refusal to open or its closing of an account within seven calendar days of its action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:63 - Minimum account balance

Current through Register Vol. 51, page 10, July 15, 2024
The account holder shall maintain the minimum account balance established in the hubs operating plan. No wager may be made or accepted that lowers the account balance below the minimum balance.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:64 - Hub licensee may refuse deposits

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee may refuse deposits to an account for what the hub licensee considers good and sufficient reason.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:65 - Hub licensee may suspend or close accounts

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee may suspend or close any account at any time provided that when an account is closed, the hub licensee within five business days returns to the account holder all monies then on deposit by sending a check by certified mail with return receipt requested to the account holders last known principal residence address.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:66 - Account credits

Current through Register Vol. 51, page 10, July 15, 2024
After the initial establishment of an account, credits to an account may only be made as follows:
(1) Deposits by the account holder in the form of:
(a) Cash;
(b) Check, money order, or negotiable order of withdrawal;
(c) Charges made to an account holder's debit card upon the direct and personal instruction of the account holder, which may be given by telephone to the hub licensee by the account holder if the use of the card has been approved by the hub licensee; or
(d) Electronic funds transfer from a monetary account controlled by an account holder. The account holder is liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account.
Any funds deposited pursuant to this subdivision are available for wagering use in accordance with the financial institution funds availability schedule;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:67 - Account debits

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee may only debit an account as follows:
(1) Upon receipt by the hub licensee of information instructing that a wagering transaction is to be placed, the hub licensee may only debit the account in the amount of the wager at the time the wager is sent to the totalizator;
(2) For fees for service or other transaction-related charges by the hub licensee; or
(3) Authorized withdrawal from an account when one of the following exists:
(a) The account holder of an account appears personally at the hub licensees location and provides the following:
(i) Proper identification;
(ii) The correct secure personal identification code; and
(iii) A properly completed and signed withdrawal slip; or
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:68 - Inactive accounts

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee may close any account in which there has been no activity for at least six months, returning funds remaining therein to the account holder by certified mail with return receipt requested to the account holders last known principal residence address.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:69 - Deceased account holder

Current through Register Vol. 51, page 10, July 15, 2024
In the event an account holder is deceased, funds accrued in the account shall be released to the decedent's legal representative upon receipt of a certified copy of a valid death certificate, tax releases or waivers, probate court authorizations, or other documents required by applicable laws.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:70 - Posting of credits

Current through Register Vol. 51, page 10, July 15, 2024
Checks, money orders, and other negotiable instruments shall be posted to the credit of the account holder in accordance with the financial institution funds availability schedule.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:71 - Payment of interest not required

Current through Register Vol. 51, page 10, July 15, 2024
Interest is not required to be paid on monies deposited with the account wagering center for account wagering.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:72 - Manner of wagers approved by commission

Current through Register Vol. 51, page 10, July 15, 2024
Account wagers may only be accepted during times, days, and in manners as approved by the commission.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:73 - Closing hub wagering

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding any other rules, the managing employee of the hub licensee may at any time declare the hub operation closed for receiving wagers on any pari-mutuel pool, race, group of races, or closed for all wagering. Any time the hub licensee is closed during normal wagering hours by the managing employee the managing employee shall notify the executive secretarys designee within two hours of the closure and file a written report with the commission within 48 hours.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:74 - Refusal of wagers

Current through Register Vol. 51, page 10, July 15, 2024
A hub licensee may refuse any wager at any time for what the licensee considers good and sufficient reason. A written report of such action shall be sent to the commission within 48 hours of the action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:75 - Account security - Account holder responsibility

Current through Register Vol. 51, page 10, July 15, 2024
An account is for the personal use of the individual account holder only. The account holder is responsible for maintaining the confidentiality of the account number and secure personal identification code. Except where the hub licensee or its employees or agents act without good faith or fail to exercise ordinary care, the hub licensee is not responsible for any loss from an account holders account arising from the use by any other person or persons. The account holder must immediately notify the hub licensee of a breach of the accounts security.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:76 - Payment on winning wagers - Refunds

Current through Register Vol. 51, page 10, July 15, 2024
A payment of any winning pari-mutuel wager and credit for an account wager which has been ordered refunded by the host track shall be posted to the credit of the account holder no later than the close of the hubs next business day.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:77 - Errors in accounts

Current through Register Vol. 51, page 10, July 15, 2024
Normal banking practices apply in the case of any errors in posting an amount to an account or a change in the pari-mutuel payout.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:78 - Monthly account statements

Current through Register Vol. 51, page 10, July 15, 2024
The hub licensee shall provide to each account holder monthly written statements of an individuals account activity. In addition, an account holder has the right to request a statement at any time. Unless written notice to the contrary is received by the hub licensee within thirty days of the date that any statement is sent to an account holder, the statement is presumed to be correct.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:79 - Account holder's principal residence address

Current through Register Vol. 51, page 10, July 15, 2024
The principal residence address provided in writing by the account holder at the time of application is deemed to be the proper address for all mailing including checks, statements of account, account withdrawals, notices, or other correspondence unless the account holder has provided the hub with a change of principal residence address. The mailing of checks or other correspondence to the address given by the account holder is at the sole risk of the account holder.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:80 - Wager information confidential - Disciplinary action for violations

Current through Register Vol. 51, page 10, July 15, 2024
No employee or agent of the hub licensee may divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the hub licensee, except to the account holder as provided by this chapter, article 20:04, state or federal law, or the commission. A violation of this section is grounds for disciplinary action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Director," the director of the Division of Insurance, Department of Labor and Regulation;
(2) "Division," the Division of Insurance, Department of Labor and Regulation;
(3) "Department," the Department of Labor and Regulation.
General Authority:
SDCL  58-4-1.
Law Implemented:
SDCL  58-33-5,  58-33-6,  58-33-7,  58-33-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:02 - Determination of penalty amount

Current through Register Vol. 51, page 10, July 15, 2024
In determining the penalty for a violation of an insurance law by an agent, broker, or insurer, the director may consider, but is not limited to, the following factors:
(1) Prior violations of the law by the agent, broker, or insurer;
(2) Number of violations of a statute;
(3) Number of statutes violated;
(4) Penalties assessed against other agents, brokers, or insurers for the same violations;
(5) Magnitude of the harm to the public and insured; and
(6) Any mitigating circumstances.
General Authority:
SDCL  58-4-1,  58-30-195(1)(7).
Law Implemented:
SDCL  58-4-28.1,  58-30-167.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:03 - Determination of good standing

Current through Register Vol. 51, page 10, July 15, 2024
In determining whether a person is in good standing, the director may consider, but is not limited to, the following factors:
(1) Suspension, revocation, or denial of license by a state;
(2) Administrative or judicial action pending in any state and the nature of that action;
(3) Complaints, nature and number, against the person;
(4) False statements, oral or written, to the division, including omissions;
(5) Neglect of financial or fiduciary responsibilities;
(6) Conduct which is unlawful, dishonest, deceitful, or fraudulent;
(7) Evidence of drug or alcohol abuse or dependency; and
(8) Acting as an agent without being licensed.
In reviewing these factors the director may consider the recentness of the action or conduct overall, any mitigating circumstances, evidence of rehabilitation, and the person's cooperation.
General Authority:
SDCL  58-4-1,  58-30-195(1).
Law Implemented:
SDCL  58-4-1,  58-30-159.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:04 - Determination of denial of license

Current through Register Vol. 51, page 10, July 15, 2024
In determining whether a license application should be denied or why a prior revocation or refusal to renew a license should not bar licensure, the director may, in addition to the factors in §
									20:06:01:03, consider the following factors:
(1) Restitution made;
(2) Any unresolved complaints;
(3) Employment record during interim; and
(4) Length of time since revocation or refusal.
General Authority:
SDCL  58-4-1,  58-30-195(1)(3)(7).
Law Implemented:
SDCL  58-4-1,  58-30-111,  58-30-167.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:05 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
An insurer must keep for five years all insurance applications, riders, endorsements, or other documents which require the insured's signature to alter the terms or conditions of the policy or contract.
Records may be maintained in paper, photograph, microprocess, magnetic, mechanical, or electronic media or by any process which accurately reproduces a record or forms a durable medium for its reproduction. A company is in compliance with this section if it can produce the data which was contained on the original document. In cases where there is no paper document, a company is in compliance if it can produce information or data which accurately represents a record of representations by the insured to the company or accurately reflects a transaction or event.
General Authority:
SDCL  58-3-26.
Law Implemented:
SDCL  58-1-26,  58-3-7,  58-33-66.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:05.01 - Records to be maintained by producers

Current through Register Vol. 51, page 10, July 15, 2024
The following types of records are business records pertaining to transactions under the insurance producer's license and are required to be kept pursuant to SDCL  58-30-91:
(1) Applications;
(2) Binders and certificates of coverage;
(3) Claim reports;
(4) Declarations or daily pages for personal and commercial lines;
(5) Lapse notices;
(6) Claim checks issued by producer;
(7) Change requests that relate to policy or coverage changes;
(8) Cash receipts;
(9) Account payable invoices;
(10) Account payable ledger;
(11) Account receivable invoices;
(12) Account receivable ledgers;
(13) Bank records for any account through which insurance business is transacted including deposits by item, cancelled checks, electronic and other transfers, and monthly statements. If co-mingled, a delineation of those funds that are trust monies;
(14) Producer's commissions;
(15) Licenses;
(16) Agency contracts;
(17) Check registers;
(18) Correspondence, telephone and written notes, and other communications, including electronic, that document coverage placed or premium transactions;
(19) Delivery receipts (copies of) and proof of delivery;
(20) All company commission statements;
(21) New business transmittal forms; and
(22) Communications concerning commission charge backs.
Nothing in this section requires a producer to maintain originals of records. Copies may be retained in any form that provides an authentic copy, including electronic format. Records which were never in the producer's possession are not required to be obtained for purposes of compliance with this section.
General Authority:
SDCL  58-30-195(14)(15).
Law Implemented:
SDCL  58-30-91.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:06 - Qualifications of insurers providing security for judgments

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL chapter 21-3 A, an insurer which is qualified to provide security for payment of a judgment is one which is licensed to do business in the state in that line of insurance. Failure of an insurer to post security as directed by the court is a violation of SDCL  58-33-38. The rate of discount is calculated in accordance with SDCL  21-3A-6.
General Authority:
SDCL  21-3A-12.
Law Implemented:
SDCL  21-3A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:01 - Administration › Section 20:06:01:07 - Examination of foreign insurers

Current through Register Vol. 51, page 10, July 15, 2024
Foreign or alien insurers must be examined every five years unless they qualify for exemption under SDCL  58-3-4.
General Authority:
SDCL  58-3-26.
Law Implemented:
SDCL  58-3-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms "solicit" and "solicitation" for purposes of this chapter shall include:
(1) Any request for a proxy, whether or not accompanied by or included in a form of proxy;
(2) Any request to execute or not to execute, or to revoke, a proxy; or
(3) The furnishing of a proxy or other communication to stockholders under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:02 - Limitations on definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms "solicit" and "solicitation" do not include:
(1) Any solicitation by a person in respect to stock of which the person is the beneficial owner;
(2) An action by a broker or other person in respect to stock carried in the broker's or other person's name or in the name of a nominee in forwarding to the beneficial owner of the stock soliciting material received from the company, or impartially instructing the beneficial owner to forward a proxy to the person, if any, to whom the beneficial owner desires to give a proxy, or impartially requesting instructions from the beneficial owner with respect to the authority to be conferred by the proxy and stating that a proxy will be given if the instructions are received by a certain date; or
(3) The furnishing of a form of proxy to a stockholder upon the unsolicited request of such stockholder, or the performance by any person of ministerial acts on behalf of a person soliciting a proxy.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:03 - Scope of chapter

Current through Register Vol. 51, page 10, July 15, 2024
This chapter is applicable to all domestic stock insurers having 100 or more stockholders; provided, however, that this chapter shall not apply to any insurer if 95 percent or more of its stock is owned or controlled by a parent or an affiliated insurer and the remaining shares are held by less than 500 stockholders. A domestic stock insurer which files with the securities and exchange commission forms of proxies, consents and authorizations complying with the requirements of the Securities and Exchange Act of 1934 and the Securities and Exchange Acts Amendments of 1964 and 17 C.F.R. § 240 promulgated thereunder shall be exempt from the provisions of this regulation.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:04 - Proxies, consents, and authorizations

Current through Register Vol. 51, page 10, July 15, 2024
No domestic stock insurer, or any director, officer, or employee of such insurer subject to section one hereof, or any other person, may solicit, or permit the use of his name to solicit, by mail or otherwise, any proxy, consent, or authorization in respect of any stock of such insurer in contravention of this chapter.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:05 - Disclosure of equivalent information

Current through Register Vol. 51, page 10, July 15, 2024
Unless proxies, consents or authorizations in respect of a stock of a domestic insurer subject to §
									20:06:03:03  hereof are solicited by or on behalf of the management of such insurer from the holders of records of stock of such insurer in accordance with this chapter prior to any annual or other meeting, such insurer shall, in accordance with this chapter, file with the director of insurance and transmit to all stockholders of record information substantially equivalent to the information which would be required to be transmitted if a solicitation were made.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:06 - Information to be furnished to stockholders

Current through Register Vol. 51, page 10, July 15, 2024
The following information must be furnished to stockholders:
(1) No solicitation subject to this chapter shall be made unless each person solicited is concurrently furnished or has previously been furnished with a written proxy statement containing the information specified in §§
									20:06:03:22  to 20:06:03:36, inclusive;
(2) If the solicitation is made on behalf of the management of the insurer and relates to an annual meeting of stockholders at which directors are to be elected, each proxy statement furnished pursuant to subdivision (1) of this section shall be accompanied or preceded by an annual report (in preliminary or final form) to such stockholders containing such financial statements for the last fiscal year as are referred to in schedule stockholder information supplement of the annual statement under the heading "financial reporting to stockholders." Subject to the foregoing requirements with respect to financial statements, the annual report to stockholders may be in any form deemed suitable by the management;
(3) Two copies of each report sent to the stockholders pursuant to this section shall be mailed to the director of insurance not later than the date on which such report is first sent or given to stockholders or the date on which preliminary copies of solicitation material are filed with the director of insurance pursuant to §
									20:06:03:08, whichever date is later.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:07 - Requirements as to proxy

Current through Register Vol. 51, page 10, July 15, 2024
Proxies shall have the following requirements:
(1) The form of proxy:
(a) Shall indicate in bold face type whether or not the proxy is solicited on behalf of the management;
(b) Shall provide a specifically designated blank space for dating the proxy; and
(c) Shall identify clearly and impartially each matter or group of related matters intended to be acted upon, whether proposed by the management, or stockholders. No reference need be made to proposals as to which discretionary authority is conferred pursuant to subdivision (3) of this section;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:08 - Material required to be filed

Current through Register Vol. 51, page 10, July 15, 2024
The division shall require the following material to be filed:
(1) Two preliminary copies of the proxy statement and form of proxy and any other soliciting material to be furnished to stockholders concurrently therewith shall be filed with the director of insurance at least 10 days prior to the date definitive copies of such material are first sent or given to stockholders, or such shorter period prior to that date as the director of insurance may authorize upon a showing of good cause therefor;
(2) Two preliminary copies of any additional soliciting material relating to the same meeting or subject matter to be furnished to stockholders subsequent to the proxy statements shall be filed with the director of insurance at least two days (exclusive of Saturdays, Sundays or holidays) prior to the date copies of this material are first sent or given to stockholders or a shorter period prior to such date as the director of insurance may authorize upon a showing of good cause therefor;
(3) Two definitive copies of the proxy statement, form of proxy and all other soliciting material, in the form in which this material is furnished to stockholders, shall be filed with, or mailed for filing to, the director of insurance not later than the date such material is first sent or given to the stockholders;
(4) Where any proxy statement, form of proxy or other material filed pursuant to these rules is amended or revised, two of the copies shall be marked to clearly show such changes;
(5) Copies of replies to inquiries from stockholders requesting further information and copies of communications which do no more than request that forms of proxy theretofore solicited be signed and returned need not be filed pursuant to this section;
(6) Notwithstanding the provisions of subdivisions (1) and (2) of this section and of subdivision 20:06:03:11(5), copies of soliciting material in the form of speeches, press releases and radio or television scripts may, but need not, be filed with the director of insurance prior to use or publication. Definitive copies, however, shall be filed with or mailed for filing to the director of insurance as required by subsection three hereof not later than the date such material is used or published. The provisions of subdivisions (1) and (2) of this section and subdivision 20:06:03:11(5) shall apply, however, to any reprints or reproduction of all or any part of such material.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:09 - False or misleading statements

Current through Register Vol. 51, page 10, July 15, 2024
No solicitation subject to this regulation shall be made by means of any proxy statement, form of proxy, notice of meeting, or other communication, written or oral, containing any statement which at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading or necessary to correct any statement in any earlier communication with respect to the solicitation of a proxy for the same meeting or subject matter which has become false or misleading.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:06 - INSURANCE › Chapter 20:06:03 - Domestic stock insurers › Section 20:06:03:10 - Prohibition of certain solicitations

Current through Register Vol. 51, page 10, July 15, 2024
No person making a solicitation which is subject to this regulation shall solicit any undated or postdated proxy or any proxy which provides that it shall be deemed to be dated as of any date subsequent to the date on which it is signed by the stockholder.
General Authority:
SDCL  58-4-1,  58-5-49.
Law Implemented:
SDCL  58-5-49.