West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-05 - Pari-Mutuel Wagering › Section 178-5-4 - Totalisator System

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The West
				Virginia Racing Commission shall license an association to hold a race meet
				only after a totalisator system and personnel approved by the Racing
				Commission, have been installed and employed to process the pari-mutuel
				wagering. The totalisator board's data shall cycle at least once every sixty
				(60) seconds.
4.1.a. All totalisator operators
				shall inform the Racing Commission of planned totalisator program modifications
				by completing the formal modification form which is supplied by the Racing
				Commission and sending the form to the Racing Commission at least two (2) weeks
				in advance of performing a software modification or change. In emergency
				situations, where programs are modified in response to operational problems,
				the form shall be prepared and forwarded to the Racing Commission immediately
				after the modification has been made. This form, too, is applicable when an
				association plans or makes hardware or peripheral equipment changes.
4.1.b. Totalisator operators shall undertake
				appropriate procedures in the presence of Racing Commission and association
				personnel to test software modifications and make available to the Racing
				Commission, upon request, documentation of testing procedures and results
				including production of all affected reports. The Racing Commission reserves
				the right to review the test procedures and results prior to installation of a
				new version of a totalisator system within the State, upon the modification of
				existing systems or at any other time or under any other circumstances
				desired.
4.1.c. All totalisator
				operators shall provide the Racing Commission with a list of representatives
				authorized to have access to the totalisator room.
4.1.d. All totalisator operators shall
				maintain, in conjunction with the association, a control log of keys and access
				cards to the totalisator room and detail to whom the keys or access cards are
				assigned. When a person possessing a key or access card to the totalisator room
				is no longer employed, the key or access card shall be surrendered. All keys
				and access cards providing entry to the totalisator room shall be
				non-duplicable.
4.1.e. The
				associations shall submit to the Racing Commission for prior approval a list of
				all persons and their duties who are to have access to the totalisator room.
				Racing Commission employees shall be included among the authorized
				persons.
4.1.f. Associations shall
				maintain appropriate facilities and enforce adequate procedures to insure the
				security of paper stock used for producing mutuel tickets. Specifically, locked
				storage facilities shall be maintained for all ticket paper storage.
4.1.g. All totalisator systems shall maintain
				at least two (2) independent sets of pool totals for comparison. In the event
				that a difference in final pool totals is encountered and it cannot be
				ascertained which pool is correct, the higher pool total shall be used in all
				calculations, including pay-out, commissions, etc. Any waiver provided to this
				subdivision shall be considered only after a written request is made by the
				totalisator company to the Racing Commission detailing all the facts and
				circumstances for exemption of this subdivision. In any event, final approval
				or disapproval rests with the Racing Commission in granting or not granting a
				waiver.
4.1.h. The sell/cash
				totalisator system shall have the capability to produce, upon request of the
				Racing Commission, a listing of the daily cashed tickets and "outs" tickets
				cashed by a seller-cashier, sorted by unique ticket number or time of cashing
				for each performance.
4.1.h.1. The
				association, upon request of the Racing Commission, shall produce by the unique
				ticket number:
4.1.h.1.A. the corresponding
				daily cashed ticket requested by the Racing Commission; and
4.1.h.1.B. the corresponding cashed "outs"
				ticket requested by the Racing Commission.
4.1.h.2. issued tickets may be canceled only
				under the following conditions:
4.1.h.2.A.
				Where there was an error on the part of the seller or when a patron claims that
				a ticket issued was not the one requested and the claim is made before the
				patron leaves the seller's window or subsequently when the claim is approved by
				the association mutuel manager or his or her designee;
4.1.h.2.B. The ticket issuing machine has not
				been locked by issue of the "stop betting" command; and
4.1.h.2.C. The race for which the ticket was
				purchased has not officially started.
4.1.i. The seller-cashier shall retain and
				account for all cashed, refunded and cancelled tickets. These cashed, refunded
				and cancelled tickets shall be retained by the association for a period of one
				(1) year from the date of filing of the outs ledger at the end of the ninety
				(90) days outs period with the Racing Commission or until all audit tests have
				been completed and a letter from the Racing Commission has been issued allowing
				for their disposal, whichever occurs first. The retention period for cashed,
				refunded and cancelled tickets is also applicable to used computer printouts as
				well as all other hard copy information described in this rule as well as any
				other data generated by the computers and terminals that are related directly
				or indirectly to the pari-mutuel process.
4.1.i.1. In the event a cashed ticket cannot
				be produced by the association prior to the date when disposal of the ticket is
				allowed, then the association shall pay to the Racing Commission the money
				equal to the amount of the ticket's winnings. The Racing Commission shall treat
				the payment as if it were money represented by the unclaimed, uncashed or
				abandoned ticket pursuant to W. Va. Code §
											19-23-13.
4.1.i.2. The association must present to the
				Racing Commission's auditor of pari-mutuel wagering all manually cashed and
				manually cancelled pari-mutuel tickets for inspection upon request. The
				association's failure to produce a manually cashed and manually cancelled
				pari-mutuel ticket shall result in the association providing the monetary value
				of the pari-mutuel ticket to the Racing Commission.
4.1.j. Usage and storage of modem:
4.1.j.1. The modem shall be secured in a
				locked cabinet under the dual control of representatives of the totalisator
				company and the association.
4.1.j.2. An unpublished telephone line shall
				also be obtained for the exclusive use of modem sessions and the number shall
				be changed on a periodic basis. The timing, frequency and changing of the
				numbers are at the sole discretion and direction of the Racing
				Commission.
4.1.k.
				Physical security of the computer room:
4.1.k.1. A fire extinguisher specifically
				designed for electronic data processing equipment shall be installed at various
				key locations;
4.1.k.2. Glass
				windows permitting public viewing of computer room operations shall be composed
				of shatterproof glass; and
4.1.k.3.
				Backup tapes for production data and program files shall be stored in a
				protected area that is fireproof and secure.
4.1.l. Maintenance of emergency electrical
				generator:
4.1.l.1. The association shall
				start and test weekly the back-up electrical generator to ascertain its
				reliability in the event of a power failure.
4.1.l.2. The testing shall be logged in a
				record to be maintained by the association and to be made available to the
				Racing Commission upon request.