Section 294-23.001 - GENERAL PROVISIONS23.001.01 GENERAL Each association shall conduct wagering in accordance with applicable laws and these rules. Such wagering shall employ a pari-mutuel system approved by the Commission. The totalisator shall be tested prior to and during the meeting as required by the Commission.
23.001.02 RECORDS (1) The association shall maintain records of all wagering so the Commission may review such records for any contest including the opening line, subsequent odds fluctuation, price calculations, the amount and at which window wagers were placed on any betting interest and such other information as may be required. Such wagering records shall be retained by each association in a form acceptable to the Commission and safeguarded for not less than one year following the last day of the race meet. The Commission may require that certain of these records be made available to the wagering public at the completion of each contest.(2) The association shall provide the Commission with a list of the licensed individuals afforded access to pari-mutuel records and equipment at the wagering facility.23.001.03 PARI-MUTUEL TICKETS A pari-mutuel ticket is evidence of a contribution to the pari-mutuel pool operated by the association and is evidence of the obligation of the association to pay to the holder thereof such portion of the distributable amount of the pari-mutuel pool as is represented by such valid pari-mutuel ticket. The association shall cash all valid winning tickets when such are presented for payment during the course of the meeting, and for one full year immediately following date of purchase.
(1) To be deemed a valid pari-mutuel ticket, such ticket shall have been issued by a pari-mutuel ticket machine operated by the association and recorded as a ticket entitled to a share of the pari-mutuel pool, and contain imprinted information as to: (a) the name of the association operating the meeting.(b) a unique identifying number or code.(c) identification of the terminal at which the ticket was issued.(d) a designation of the performance for which the wagering transaction was issued.(e) the contest number for which the pool is conducted.(f) the type or types of wagers represented.(g) the number or numbers representing the betting interests for which the wager is recorded.(h) the amount or amounts of the contributions to the pari-mutuel pool or pools for which the ticket is evidence.(2) No pari-mutuel ticket recorded or reported as previously paid, cancelled, or non-existent shall be deemed a valid pari-mutuel ticket by the association. The association may withhold payment and refuse to cash any pari-mutuel ticket deemed not valid.(3) After one full year immediately following the date of purchase, no pari-mutuel ticket shall be eligible for redemption or payment by any association.23.001.04 PARI-MUTUEL TICKET SALES AND CANCELLATIONS(1) Pari-mutuel tickets shall not be sold by anyone other than an association licensed to conduct pari-mutuel wagering.(2) No pari-mutuel ticket may be sold on a contest for which wagering has already been closed and no association shall be responsible for ticket sales entered into but not completed by issuance of a ticket before the totalisator is closed for wagering on such contest.(3) Claims pertaining to a mistake on an issued or unissued ticket must be made by the bettor prior to leaving the seller's window.(4) Payment on winning pari-mutuel wagers shall be made on the basis of the order of finish as purposely posted and declared "official". Any subsequent change in the order of finish or award of purse money as may result from a subsequent ruling by the stewards or Commission shall in no way affect the pari-mutuel payoff. If an error in the posted order of finish or payoff figures is discovered, the official order of finish or payoff prices may be corrected and an announcement concerning the change shall be made to the public.(5) The association shall have no obligation to enter a wager into a betting pool if unable to do so due to equipment failure.(6) No pari-mutuel ticket shall be sold to any person under nineteen years of age(7) No pari-mutuel ticket shall be sold to a licensed jockey.(8) No person or corporations shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity.(9) A procedure that can permit the cancellation of pari-mutuel tickets after the close of wagering may only be used with the prior approval of the Commission. The Commission may approve the procedure upon compliance with the following: (a) The association responsible for contracting for the totalizator services must submit a written request to the Commission at least ten days prior to the adoption of any such procedure. The request must include a detailed explanation of the proposed procedure, the effect that said procedure has on the operation of the totalizator system, and the related policies and procedures that the association has with respect to the responsibility of the pari-mutuel clerks who process the cancellations.(b) The period allowed for the cancellation of tickets may not exceed ten (10) seconds or such lesser time as the Commission may establish.(c) The totalizator company shall furnish to the Commission within twenty-four (24) hours of the last contest of each program a report specifically identifying the mutuel clerk, the teller window, the exact time of the close of wagering for that contest, the exact time of the cancellation, the details of the ticket, including: the amount of the wager, the wager type and the contestant numbers, for each cancellation after the close of wagering for the contest.(d) Cancellation of a pari-mutuel ticket after the close of wagering shall be restricted to the tickets sold to the customer at the tellers window immediately prior to the close of wagering.(e) Every transaction involving the cancellation of a pari-mutuel ticket after the close of wagering shall be accompanied by a written explanation from the pari-mutuel teller, a copy of which shall be forwarded to the commission. The explanation shall include the circumstances which resulted in the cancellation.23.001.05 ADVANCE PERFORMANCE WAGERING No association shall permit wagering to begin more than one hour before scheduled post time of the first contest of a performance unless it has first obtained the authorization of the Commission.
23.001.06 CLAIMS FOR PAYMENT FROM PARI-MUTUEL POOL At a designated location, a written, verified claim for payment from a pari-mutuel pool shall be accepted by the association in any case where the association has withheld payment or has refused to cash a pari-mutuel wager. The claim shall be made on such form as approved by the Commission, and the claimant shall make such claim under penalty of perjury. The original of such claim shall be retained by the association for one year.
(1) In the case of a claim made for payment of a mutilated pari-mutuel ticket which does not contain the total imprinted elements required in rule 23.001.03(1) of these general provisions, the association shall make a recommendation to accompany the claim as to whether or not the mutilated ticket has sufficient elements to be positively identified as a winning ticket.(2) In the case of a claim made for payment on a pari-mutuel wager, the Commission shall adjudicate the claim and may order payment thereon from the pari-mutuel pool or by the association, or may deny the claim, or may make such other order as it may deem proper.23.001.07 PAYMENT FOR ERRORS If an error occurs in the payment amounts for pari-mutuel wagers which are cashed or entitled to be cashed; and as a result of such error the pari-mutuel pool involved in the error is not correctly distributed among winning ticket holders, the following shall apply:
(1) Verification is required to show that the amount of the commission, the amount in breakage, and the amount in payoffs is equal to the total gross pool. If the amount of the pool is more than the amount used to calculate the payoff, the underpayment shall be added to the corresponding pool of the next performance. If underpayments are discovered after the close of the meeting, the underpayments shall be held in an interest-bearing account approved by the Commission until being added, together with accrued interest, to the corresponding pool of the next meet. If the association does not conduct another race meet, any underpayment plus interest shall be held until a written order is received from the Commission specifying a distribution to be included in pari-mutuel pools at one or more other licensed race meets.(2) In the event the error results in an overpayment to winning wagers, the association shall be responsible for such payment.(3) The pari-mutuel manager shall provide the Commission a written report as to the erroneous payments and the specific actions taken pursuant to the above rules.23.001.08 BETTING EXPLANATION (1) The rules of racing relative to each type of pari-mutuel pool offered must be available upon request through association representatives. A summary explanation of pari-mutuel wagering and each type of betting pool offered, and a notice as to the availability of the rules of racing relative to pari-mutuel pools, shall be published in the program for every wagering performance.(2) The individual pari-mutuel pools may be given alternative names by each association, provided prior approval is obtained from the Commission.23.001.09 DISPLAY OF BETTING INFORMATION(1) Approximate odds for Win pool betting shall be posted on a "tote board" or other display devices in a manner approved by the Commission within view of the wagering public and updated at intervals of not more than 60 seconds.(2) The probable payoff or amounts wagered, in total and on each betting interest, for other pools may be displayed to the wagering public at intervals and in a manner approved by the Commission.(3) Official results and payoffs must be displayed upon each contest being declared official.23.001.10 CANCELLED CONTESTS If a contest is cancelled or declared "no contest", refunds shall be granted on valid wagers in accordance with these rules.
23.001.11 REFUNDS (1) Notwithstanding other provisions of these rules, refunds of the entire pool shall be made on: (a) Win pools, Exacta pools, and first-half Double pools offered in contests in which the number of betting interests has been reduced to fewer than two (2).(b) Place pools, Quinella pools, Trifecta pools, first-half Quinella Double pools, first-half Twin Quinella pools, first-half Twin Trifecta pools, and first-half Tri-Superfecta pools offered in contests in which the number of betting interests has been reduced to fewer than three (3).(c) Show pools, Superfecta pools, and first-half Twin Superfecta pools offered in contests in which the number of betting interests has been reduced to fewer than four (4).(2) In all cases when a horse has been excused by the Stewards after wagering has started but before "off-time", all money wagered on the horse so excused shall be deducted from the pool and be refunded.(3) If a horse is left at the post at "off-time", there shall be no refund, but if one horse or more is prevented from leaving the post at "off-time" because of being locked in the gate, the Starter shall immediately notify the Stewards, who in turn shall immediately notify the manager of the pari-mutuel department. The Starter shall be the sole judge of what horse or horses are prevented from starting in a race through failure of the gates to open (See Chapter 13-010.23 ).(4) If no horse finishes in a race all money wagered on that race shall be refunded.(5) If two or more horses in a race are coupled on the same mutuel ticket, there shall be no refunds, unless all of the horses so coupled are excused before "off-time", or all of the horses so coupled are left locked in the gate.(6) If a race is declared off by the Stewards after wagering begins on that race, all money wagered on that race shall be refunded.(7) Authorized refunds shall be paid upon presentation and surrender of the affected pari-mutuel ticket.23.001.12 COUPLED ENTRIES AND MUTUEL FIELDS(1) A COUPLED ENTRY is two or more contestants in a race that are "coupled" as a single betting interest due to common ties involving ownership, financial interests, or training.(2) A MUTUEL FIELD is a common betting interest that is established when the number of contestants in an event exceeds the capacity of the totalizator system. A wager on one is a wager on all.(3) Contestants coupled in wagering as a coupled entry or mutuel field shall be considered part of a single betting interest for the purpose of price calculations and distribution of pools. Should any contestant in a coupled entry or mutuel field be officially withdrawn or scratched, the remaining contestants in that coupled entry or mutuel field shall remain valid betting interests and no refunds will be granted. If all contestants within a coupled entry or mutuel field are scratched, then tickets on such betting interests shall be refunded, notwithstanding other provisions of these rules.(4) For the purpose of price calculations only, coupled entries and mutuel fields shall be calculated as a single finisher, using the finishing position of the leading contestant in that coupled entry or mutuel field to determine order of placing. This rule shall apply to all circumstances, including situations involving a dead heat, except as otherwise provided by these rules.23.001.13 POOLS DEPENDENT UPON BETTING INTERESTS Unless the Commission otherwise provides, at the time the pools are opened for wagering, the association:
(1) may offer win, place, and show wagering on all contests with six (6) or more betting interests.(2) may be allowed to prohibit show wagering on any contest with five (5) or fewer betting interests scheduled to start.(3) may be allowed to prohibit place wagering on any contest with four (4) or fewer betting interests scheduled to start.(4) may be allowed to prohibit Quinella wagering on any contest with three (3) or fewer betting interests scheduled to start.(5) may be allowed to prohibit Quinella Double wagering on any contests with three (3) or fewer betting interests scheduled to start.(6) may be allowed to prohibit Exacta wagering on any contest with three (3) or fewer betting interests scheduled to start.(7) shall prohibit Trifecta wagering on any contest with seven (7) or fewer betting interests scheduled to start.(8) shall prohibit Superfecta wagering on any contest with seven (7) or fewer betting interests scheduled to start.(9) may be allowed to prohibit Twin Quinella wagering on any contests with three (3) or fewer betting interests scheduled to start.(10) shall prohibit Twin Trifecta wagering on any contests with seven (7) or fewer betting interests scheduled to start.(11) shall prohibit Tri-Superfecta wagering on any contests with seven (7) or fewer betting interests scheduled to start.(12) shall prohibit Twin Superfecta wagering on any contests with seven (7) or fewer betting interests scheduled to start.(13) may be allowed to prohibit Show Quinella wagering on any contest with four (4) or fewer betting interests scheduled to start.23.001.14 PRIOR APPROVAL REQUIRED FOR BETTING POOLS(1) An association that desires to offer new forms of wagering must apply in writing to the Commission and receive written approval prior to implementing the new betting pool.(2) The association may suspend previously-approved forms of wagering with the prior approval of the Commission. Any carryover shall be held until the suspended form of wagering is reinstated. An association may request approval of a form of wagering or separate wagering pool for specific performances.23.001.15 CLOSING OF WAGERING IN A CONTEST (1) A Commission representative shall close wagering for each contest after which time no pari-mutuel tickets shall be sold for that contest.(2) The association shall maintain, in good order, a system approved by the Commission for closing wagering.23.001.16 COMPLAINTS PERTAINING TO PARI-MUTUEL OPERATIONS(1) When a patron makes a written complaint regarding the pari-mutuel department to an association, the association shall immediately issue a complaint report, setting out: (a) the name of the complainant;(b) the nature of the complaint;(c) the name of the persons, if any, against whom the complaint was made;(d) the date of the complaint;(e) the action taken or proposed to be taken, if any, by the association.(2) The association shall submit every complaint report to the Commission within 48 hours after the complaint was made.23.001.17 LICENSED EMPLOYEES All licensees shall report any known irregularities or wrong doings by any person involving pari-mutuel wagering immediately to the Commission and cooperate in subsequent investigations.
23.001.18 UNRESTRICTED ACCESS The association shall permit the Commission unrestricted access at all times to its facilities and equipment and to all books, ledgers, accounts, documents and records of the association that relate to pari-mutuel wagering.
23.001.19 EMERGENCY SITUATIONS In the event of an emergency in connection with the pari-mutuel department not covered in these rules, the pari-mutuel manager representing the association shall report the problem to the stewards and the association and the stewards shall render a full report to the Commission within 48 hours.
23.001.20 THE PARI-MUTUEL MANAGER(A) shall deliver to the Commission at the end of each racing day, a record showing the amount wagered in each pool, the commission and the breakage for each race and the totals of each for the day.(B) shall be properly and timely advised by the Racing Secretary, prior to the beginning of wagering on each race, on the horses that will compete in the race.(C) is held responsible for the conduct of the mutuels employees, but is not responsible for their "shorts" or "longs". Each seller or casher shall be responsible to the Pari-mutuel Manager for their "shorts" or "longs". Such "shorts" or "longs" shall be a guide to the Pari-mutuel Manager as to the conduct and character of the employees.
(D) shall employ only those licensed by the Commission unless by special permission of the Commission.(E) shall allow no one to enter the Mutuel Department other than those properly licensed and whose employment requires their presence, except with the specific authorization of the pari-mutuel Manager or the Commission.(F) shall sign all license applications for employees of the Pari-mutuel department.(G) shall, upon discharging an employee or the resignation of an employee, immediately report same to the Commission. If a discharge or resignation is related to possible violations of racing rules or state laws, or problems involving the handling or reconciliation of wagers, notice shall be accompanied by a report to the Commission concerning the reasons for the action.(H) shall be responsible for the "odds board" and the information it reflects.294 Neb. Admin. Code, ch. 23, § 294-23.001