To ensure the segregation of monies in the distributable pool on which the surcharge is imposed, all pools transmitted to racetracks must be maintained intact until the race results to which they relate are received by the Off-Track Betting Corporation, commission or other authorized organization from the racetrack. A payout report will be transmitted to such regional corporation, commission or organization, as the basis for the surcharge calculation.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 4409.3