Title 9 Part 4500

An application for any license may be denied if the applicant has failed or refuses to pay the required application and related fees.

Such examination and analysis by the commission may include a forensic review by accountants of such provider’s financial books and operational records and may be repeated to investigate possible material changes in relation to alterations or renewals of such provider’s licensing status. The commission may initiate any such investigation and inspection at random, for cause, or as determined by an executive official or commissioner of the commission. The commission shall notify the multi-jurisdictional account wagering provider before arriving to conduct an investigation or inspection and, upon arriving, the commission’s agents, employees and designees shall provide identification and notice to such provider that the investigation and inspection is conducted pursuant to this section. Such provider immediately shall assist any such investigation and inspection by providing full and timely disclosure of all requested information and full access to all facilities, books, records and other property, including without limitation computers, equipment, structures, bank records, financial books and records, wagering records, wagering account holder information and such other documents and information as may reasonably be requested by the person or persons conducting the investigation and inspection. The disclosure of such records and information by such provider shall not constitute a waiver of any trade secret or other confidentiality rights of such provider.

The address listed on the account wagering application is deemed the account holder's official address for purposes of this section. The account wagering licensee shall use the official address for all mailings, including notices, checks, withdrawal slips, account statements and other correspondence.

The account wagering licensee shall provide a method for the account wagering holder to make official changes to his or her account information. The method shall include the name, date, address, account wagering identification number, PIN and signature.

The account wagering licensee shall, upon receipt of money from account holders and related winning wagers, deposit such money within 72 hours in a segregated bank account, kept and maintained by the account wagering licensee until appropriately distributed.

For purposes of this Part, all wagers placed through the account wagering system are deemed pari-mutuel tickets and are subject to all rules and laws governing pari-mutuel tickets.

The account wagering licensee, its employees and agents may not divulge any account information without the express written permission of the account holder except to the commission, by commission order, or as may otherwise be prescribed by law.

Excepting bearer accounts, accounts may be closed at the request of an account holder made in-person or by mail or other method consistent with the plan of operation. For those requests made by mail, account wagering licensees shall mail to the account holder's official address or send via electronic funds transfer to the account specified in the account wagering application all funds within five business days of receiving such request. All other requests shall be processed immediately.

The authorized pari-mutuel wagering entity shall deactivate all accounts if there is no account wagering activity during a period of 36 consecutive months. Such dormant accounts shall be treated as abandoned property pursuant to section 300 of the Abandoned Property Law, as prescribed by Racing, Pari-Mutuel Wagering and Breeding Law section 1012(11).

Any regional off-track-betting corporation may suspend surcharge of accounts pursuant to section 1012 of the Racing, Pari-Mutuel Wagering and Breeding Law and consistent with such corporation’s plan of operation.

A vouchers is a document or card produced by a pari-mutuel system device, with a value printed on its face, that is recorded in and redeemed through the pari-mutuel system.

No later than March 15 of each year, the account wagering licensee shall file with the commission a report detailing the following for the previous calendar year in which account wagering was offered:

Account wagering licensees shall audit or cause to have audited the account wagering system data input and account updates not less than once during each calendar year. Such reports shall be provided to the commission upon request.

If the commission determines that a certain computer printout, mutuel report, or other totalisator or mutuel record is needed to perform the official's regulatory duties, the official shall request the item from the mutuel manager or his or her designee and/or totalisator company representative. On receipt of a request under this section, the mutuel manager and/or totalisator company representative shall make the information available to the official no later than the deadline established by the official or provisions of this Subchapter.