N.M. Code R. § 15.1.19.10

Current through Register Vol. 35, No. 11, June 11, 2024

Section 15.1.19.10 - VERIFICATION OF WINNINGS; REPORTING PROCEDURES; RACETRACK GAMING OPERATORS

A. When the winning patron seeks payment of winnings in the amount of twelve hundred dollars ($1,200.00) or more, a racetrack gaming operator licensee shall verify the winnings in accordance with approved minimum internal control standards.

B. Upon verification of the validity of the winnings, and before payment of the winnings, the racetrack gaming operator licensee shall ensure that the winning patron completes a form provided or approved by the board to report the winnings.

C. The form shall include the following information and shall be completed in full:

(1) the name, address, telephone number, and social security number of the winning patron;

(2) the exact amount of the winnings;

(3) the date the winnings were won; and

(4) the name, address, telephone number, and gaming operator license number of the gaming operator.

D. After verifying the win, the racetrack gaming operator licensee shall verify the identity of the winning patron and the information provided by the winning patron on the form against at least one (1) of the following forms of photograph identification.

(1) valid driver licensee issued by any state in the United States of America;

(2) valid identification card issued by any state in the United States of America;

(3) valid employment card issued by any state in the United States of America;

(4) valid military identification card or military dependent identification card;

(5) valid passport issued by the United States government or other country recognized by the United States government; and

(6) valid alien resident identification card issued by the United State government.

E. The racetrack gaming operator licensee shall also verify the social security number provided by the winning patron on the form against one (1) of the following documents:

(1) winning patron's social security card; or

(2) by having patron complete internal revenue service (IRS) form W-9.

F. After a racetrack gaming operator licensee verifies the win and the identification of the winning patron, the gaming operator licensee shall enter the winning patron's name and social security number into the secure online database in order to determine whether the winning patron's name is currently on the involuntary exclusion list, self-exclusion list or the child support enforcement lien list. The racetrack gaming operator licensee shall print out the database lookup information and attach it to the jackpot paperwork.

G. If a racetrack gaming operator licensee determines that the winning patron is currently on the child support enforcement lien list the licensee shall:

(1)notify the winning patron that his name appears on the child support enforcement lien list;

(2) withhold payment of the jackpot;

(3) document the transaction and account for all monies so withheld in accordance with the licensee's internal controls;

(4) within twenty-four (24) hours fill out and fax or e-mail a notification form to the state child support enforcement division of the New Mexico department of human services;

(5) provide a printout of the database lookup page to the winning patron;

(6) the child support enforcement division will notify the racetrack gaming operator licensee within seven (7) days of whether all or part of the jackpot may be released to the winning patron; the gaming operator licensee shall hold any monies claimed by the child support enforcement division until the outcome of any child support lien is determined; upon being notified of the outcome of the child support enforcement division lien, the gaming operator licensee shall either pay the winnings to the winning patron or forward the winnings to the child support enforcement division with the case number attached.

H.If a gaming operator licensee determines that the winning patron is currently on the self-exclusion database, the licensee shall:

(1) notify the patron of his self-excluded status;

(2) withhold the jackpot and confiscate any credits on the gaming machine being played by the self-excluded person for use to supplement the licensee's statutory compulsive gambling monies;

(3) document and account for all monies so withheld in accordance with the licensee's internal controls; and

(4) provide a printout of the database lookup page to the winning patron.

I.If a racetrack gaming operator licensee determines that a winning patron is on both the child support enforcement lien list and the self-exclusion list, the licensee shall use the procedures set forth in Subsection G of 15.1.19.10 NMAC. In the event that there are winnings in excess of any child support enforcement lien, with respect to those monies the licensee shall use the procedures set forth in Subsection H of 15.1.19.10 NMAC.

J.If a racetrack gaming operator licensee determines that a winning patron is on the involuntary exclusion list, the licensee shall exclude the winning patron from the premises and notify the winning patron that he may be subject to prosecution for criminal trespass. If a winning patron on the involuntary exclusion list is also on the child support enforcement lien list, the licensee shall follow the procedures for forfeiture set forth is Subsection G of 15.1.19.10 NMAC.

K. If the winning patron is not involuntarily excluded, self-excluded or subject to a child support enforcement lien, the racetrack gaming operator licensee shall pay the winnings upon verification of the information provided by the winning patron.

L.In the event the online database is not functioning at the time of a jackpot win, a racetrack gaming operator licensee shall:

(1) ensure that the winning patron completes a form provided or approved by the board to report the winnings; the form shall be completed in full and include the following information:

(a) a statements, under penalty of perjury that to the best of the winning patron's knowledge and belief, that the winning patron does not owe and is not delinquent in child support payments in any state; and

(b) a statement, under penalty of perjury attesting to the accuracy of the information provided.

(2) when the online database regains functionality, look up the patron's information on the database; if the patron is found to owe child support, the racetrack gaming operator shall report the patron's information to the child support enforcement division within forty-eight (48) hours.

M. If a winning patron refuses to provide any of the information required by this rule, or fails or refuses to complete any reporting form, the gaming operator licensee shall withhold the winnings until such time as the information is provided.

N.M. Code R. § 15.1.19.10

4/30/99; 15.1.19.10 NMAC - Rn, 15 NMAC 1.19.10, 10/15/00; A, 1/31/02; A, 7/31/02; A, 5/14/04, Amended and Renumbered from 15.1.19.9 by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015