N.J. Admin. Code § 13:70-1.38

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:70-1.38 - Annual allocation of race dates

(a) The rules of practices and procedures, N.J.A.C. 13:70-1.32 through 1.41, set forth in this subchapter shall be applicable to the annual allocation of racing dates. The allocation of racing dates, which does not constitute a contested case as defined in N.J.S.A. 52:14B-2(b) or require a public hearing, shall be considered and decided at a public meeting of the Commission.

(b) "Interested parties" for the purpose of the allocation of racing dates shall include all permitted New Jersey racetracks.

(c) Applications for racing dates shall be made on the form prescribed by the Commission, which shall be mailed to all of the permitted racetracks on or before October 1 of each year.

(d) Applications for racing dates shall be filed with the Commission before October 15 of each year and shall be acted upon by the Commission at a meeting of the Commission to be held not later than December 1 of the same year.

(e) In the event that any such application is filed with the Commission on or after October 15 of any year, the Commission shall act upon the same at a meeting of the Commission to be held not later than 60 days following the filing of such application.

(f) All applicants for racing dates may be present in person or through an agent or counsel and be heard by the Commission with respect to such allotment at the Commission's scheduled meeting.

(g) In allocating racing dates, the Commission shall endeavor to allot to each applicant, subject to the restrictions set forth in N.J.S.A. 5:5-43 et seq., the dates requested in the respective applications, after giving due consideration to all of the factors involved and the interests of such respective applicants and the public.

(h) For the purposes of this section, the "public interest" shall include considerations related to the following factors:

1. Protecting the State's revenues from racing and generating additional revenues to the State, its agencies and subdivisions;

2. Providing for continuity of racing and year-round racing, so as to promote the racing industry and maintain and enhance the employment, which it provides in this State;

3. Providing a recreational opportunity for residents in the several areas of the State where licensed tracks are situated; and

4. Maintaining and improving this State's competitive position with regard to neighboring racing states.

(i) A permitholder may reject any or all of the racing dates allotted by the Commission.

1. If racing dates are rejected, any or all of the remaining permitholders may amend their applications to request the dates rejected.

2. Should more than one permitholder seek to obtain the same rejected dates, the allocation of such shall lie within the Commission's discretion as most appropriate for providing continuity of racing in the State and furthering the public interest.

3. The Commission shall not allocate any of the rejected racing dates to any permitholder, which has been determined to be in violation of the Racing Act, N.J.S.A. 5:5-22 et seq.

N.J. Admin. Code § 13:70-1.38

New Rule, R.2008 d.339, effective 11/17/2008.
See: 40 N.J.R. 4295(a), 40 N.J.R. 6620(a).