810 Ky. Admin. Regs. 2:100
Current through Register Vol. 51, No. 5, November 1, 2024
Section 810 KAR 2:100 - Self-exclusionRELATES TO: KRS 61.870-61.884, 230.260(15)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(15) requires the Horse Racing and Gaming Corporation to promulgate administrative regulations prescribing conditions for a self-exclusion list for people who identify as problem or compulsive gamblers. This administrative regulation establishes provisions for a horse-racing-related self-exclusion list for people who identify as problem or compulsive gamblers.
Section 1. Self-exclusion List. (1) The corporation shall establish and maintain a self-exclusion list for individuals who wish to be temporarily or permanently excluded from gambling in the Commonwealth for any reason, such as self-identification as problem or compulsive gamblers.(2) The list shall include the names and other identifying information of the individuals who have self-excluded from gambling at racing tracks, as established in Section 3(1) of this administrative regulation.Section 2. Notice to the Public.(1) Each racing association shall display a notice to the public of the existence of the self-exclusion list and the method or methods individuals may use to self identify at the track, online, or by phone.(2) The notice shall be displayed at public entrances to the wagering-specific locations of the racing track and on the racing association's Web site.(3) The notice shall include information about the consequences of self-exclusion, including that the individual will be prohibited from entering the racing track and participating in any gambling activity at the track.(4) The notice and its placement locations shall be approved by the corporation, based on the notice's content, visibility, and readability.Section 3. Collection of Self-exclusion Information. (1) Each racing association shall collect self-exclusion information from individuals who self-identify as problem or compulsive gamblers.(2) The self-exclusion information collected shall include the individual's name, address, date of birth, and other identifying information requested by the corporation.(3) The racing association shall provide the self-exclusion information to the corporation on an as-needed basis, but at least weekly and in a manner approved by the corporation, based on the information's completeness and ability to facilitate the corporation's compilation and dissemination of information for all associations.Section 4. Compilation of Comprehensive List.(1) The corporation shall compile and maintain a comprehensive list of all individuals who have self-excluded from gambling at racing tracks.(2) The comprehensive list shall include the self-exclusion information provided by each racing association.(3) The comprehensive list shall be provided to all racing associations and updated on an as-needed basis, but at least monthly.Section 5. Confidentiality of Self-exclusion Information. (1) Pursuant to KRS 61.878(1)(a) and 230.260, information collected under this subsection shall be excluded from the application of KRS 61.870 through 61.884.(2) Self-exclusion information shall be kept confidential and shall not be disclosed except as necessary to enforce KAR Title 810 or as required by law.Section 6. Self-exclusion Policy. (1) Each racing association may establish its own self-exclusion policy. Each policy shall be approved by the corporation to ensure the best interests of horse racing and compliance with KRS 230.260.(2) The policy may cover how the racing association chooses to exclude individuals on the exclusion list. The policy may include identification and verification, forfeiture of prizes by excluded persons, security personnel, technology, employee training, contractual obligations, or collaboration with other racing associations.(3) Each racing association shall review its self-exclusion policy at least once every two (2) years and amend it as necessary to ensure compliance with KAR Title 810 and its effectiveness in achieving the purposes for which it is established.49 Ky.R. 2439, 50 Ky.R. 708, 1530; eff. 4/2/2024; TAm eff. 7/1/2024.STATUTORY AUTHORITY: KRS 230.260(15)