The following definitions and interpretations shall apply to these rules unless otherwise indicated or text otherwise requires.
(1) "Account": An account for account wagering with a specific identifiable record of deposits, wagers, and withdrawals established by an account holder and managed by the advance deposit wagering licensee or race meet licensee.
(2) "Account Holder": A person who successfully completed an application and for whom an account has been opened.
(3) "Account Wagering": A form of pari-mutuel wagering in which a person may deposit money in an account with an advance deposit wagering licensee or race meet licensee and then use the current balance to pay for pari-mutuel wagering.
(4) "Account Wagering Center": An actual location, equipment, and staff of an advance deposit wagering licensee or race meet licensee and/or agents involved in the management, servicing, and operation of account wagering.
(5) "Advance Deposit Wagering Licensee or ADW": Any person or entity holding a currently valid license to engage in related activities as a multi-jurisdictional simulcasting and interactive wagering totalizator hub as defined in Oregon Administrative Rule 462-220-0010(1).
(6) "Agent”: Those persons or entities with the authority to accept deposits and wagers or issue a receipt or other confirmation to the account holder evidencing such deposits and wagers, and transfer credits and debits to and from accounts on behalf of the advance deposit wagering licensee or race meet licensee.
(7) "Applicant": A person who has submitted an application to establish an account with an advance deposit wagering licensee or race meet licensee.
(8) "Application": The form or forms and other required submissions received from an applicant with the intent of opening an account.
(9) “Business Day”: Monday through Friday with the exception of a federal or state observed holiday.
(10) "Commission": The Oregon Racing Commission or any successor agency.
(11) "Confidential Information":
(a) The amount of money credited to, debited from, withdrawn from, or present in any particular account holder's account;
(b) The amount of money wagered by a particular account holder on any race or series of races;
(c) The account number and secure personal identification code of a particular account holder;
(d) The identities of particular entries on which the account holder is wagering or has wagered; and
(e) Unless otherwise authorized by the account holder, the name, address, and other information in the possession of the account wagering center and race meet licensee that would identify the account holder to anyone other than the commission, the account wagering center or the race meet licensee.
(12) "Credits": All positive inflows of money to an account.
(13) "Debits": All negative outflow of money from an account.
(14) "Deposit": A payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account.
(15) “Person”: Any natural person at least 18 years of age or a single member limited liability company where the single member is a natural person.
(16) "Principal Residence Address": That place where the person submitting an application for an account resides at least fifty percent (50%) of the time during the calendar year.
(17) "Proper Identification": A form of identification accepted in the normal course of business to establish that the person making a transaction is an account holder.
(18) "Race Course": As defined in ORS 462.010(5).
(19) "Race Meet Licensee": Any person or entity holding a currently valid license to engage in racing or related regulated activities.
(20) "Secure Personal Identification Code": An alpha-numeric character code chosen by an account holder as a means by which the advance deposit wagering licensee or race meet licensee may verify a wager or account transaction as authorized by the account holder.
(21) "Withdrawal": A payment of money from an account by the advance deposit wagering licensee or race meet licensee to the account holder when properly requested by the account holder.
(22) "Withdrawal Slip": A form provided by the race meet licensee for use by an account holder in withdrawing funds from an account.
Stat. Auth.: ORS
462.270(3) & 462.700
Stats. Implemented: ORS 462.142
Hist.: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00; RC 2-2012, f. 5-29-12, cert. ef. 6-1-12; RC 3-2012, f. 10-9-12, cert. ef. 10-15-12
Authorization for Account Wagering
(1) An advance deposit wagering licensee or race meet licensee who is the holder of or applicant for a license issued under ORS 462.057, 462.062, 462.067, 462.142 or 462.725 may request authorization from the commission to conduct account wagering in accordance with 462.142 and these rules. As part of the request, the advance deposit wagering licensee or race meet licensee shall submit a detailed plan of how its proposed account wagering system would operate; the commission may require changes in a proposed plan of operations as a condition of granting a request. No subsequent changes in the system's operation may occur unless ordered by the commission or until approval is obtained from the commission after it receives a written request.
(2) The commission may conduct investigations or inspections or request additional information from the race meet applicant or multi-jurisdictional simulcasting and interactive wagering totalizator hub applicant for a license as it deems appropriate in determining whether to allow account wagering.
(3) The race meet licensee or multi-jurisdictional simulcasting and interactive wagering totalizator hub licensee and/or their agents shall establish and manage an account wagering center.
(4) The making and/or acceptance of wagers over the communications facility known as the "Internet" is not authorized with the exception of the Multi-Jurisdictional Totalizator Wagering Hubs as authorized in ORS 462.725. However, nothing herein precludes the transmission of handicapping data, race results or other information relating to pari-mutuel racing over the communications facility known as the "Internet."
Stat. Auth.: ORS 462.270(3)
Stats. Implemented: ORS 462.142
Hist.: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00; RC 2-2012, f. 5-29-12, cert. ef. 6-1-12
Establishing An Account
(1) An established account is necessary to place account wagers. An account may be established at either an account wagering center or in-person at commercial race meet licensee facilities.
(a) For establishing the account with an account wagering center an application form must be signed or otherwise authorized in a manner acceptable to the commission and include:
(A) The applicant's full legal name;
(B) Principal residence address;
(C) Telephone number; and
(D) Any other information required by the commission.
(b) Each application submitted will be subject to electronic verification with respect to name, principal residence address and date of birth by either a national, independent, individual reference service company or another technology which meets or exceeds the reliability, security, accuracy, privacy and timeliness provided by individual reference service companies. An account wagering center may require the applicant’s social security number to complete the verification process and for tax reporting purposes. If there is a discrepancy between the application submitted and the information provided by the electronic verification described above or if no information on the applicant is available from such electronic verification, another individual reference service may be accessed or another technology meeting the requirements described above may be used to verify the information provided. If these measures prove unsatisfactory, then the applicant will be contacted by the account wagering center and given instructions as to how to resolve the matter.
(c) All account holder identities must be verified via electronic means or copies of other documents before a wager can occur.
(2) Each account shall have an unique identifying account number. The identifying account number may be changed at any time by the account wagering center provided the account wagering center informs the account holder in writing prior to the change.
(3) The applicant shall supply the account wagering center with an alpha-numeric code, to be used as a secure personal identification code when the account holder is placing an account wager. The account holder has the right to change this code at any time.
(4) The account wagering center may not establish an account for any person whose principal residence address is not within the State of Oregon. The principal residence address shall be established by reliance on the information submitted on the application form provided and certified by the applicant.
(5) The holder of the account shall receive at the time the account is approved:
(a) Unique account identification number;
(b) Copy of the account wagering rules and such other information and material that is pertinent to the operation of the account; and
(c) Such other information as the account wagering center or commission may deem appropriate.
(6) The account wagering center shall accept accounts in the name of a person only.
(7) The account is nontransferable between persons.
(8) The account wagering center may close or refuse to open an account for what it deems good and sufficient reason, and shall order an account closed if it is determined that information that was used to open an account was false, or that the account has been used in violation of these rules.
(9) The account wagering center shall provide all information requested by the Oregon Racing Commission within ten business days from the date a request is submitted, unless an extension is granted for good cause by either the Hub Manager or Executive Director.
Stat. Auth.: ORS 462.270(3)
Stats. Implemented: ORS 462.142
Hist.: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00; RC 1-2002, f. & cert. ef. 1-3-02; RC 3-2007, f. 3-29-07, cert. ef. 7-1-07; RC 1-2009, f. 4-21-09, cert. ef. 7-1-09; RC 1-2010, f. 9-23-10, cert. ef. 10-1-10; RC 1-2011, f. 6-6-11, cert. ef. 6-9-11; RC 2-2012, f. 5-29-12, cert. ef. 6-1-12
Operation of an Account
(1) The account wagering center may refuse deposits to an account for what it deems good and sufficient reason.
(2) The account wagering center may suspend any account or close any account at any time provided that when an account is closed, the account wagering center shall, within five business days, return to the account holder all monies then on deposit by sending a check to the principal residence address as listed on the application.
(3) Credits to an account after the initial establishment of the account may be made as follows:
(a) Deposits to an account by an account holder shall be made in the following forms:
(A) Cash deposit made at an approved outlet, or other deposit mechanisms as approved by the commission; or
(B) Check, money order or negotiable order of withdrawal given or sent to an account wagering center; or
(C) Charges made to an account holder's credit card or debit card upon the direct and personal instruction of the account holder, which may be given by telephone to the account wagering center by the account holder if the use of the card has been approved by the account wagering center; or
(D) Transfer by means of an electronic funds transfer from a monetary account controlled by an account holder to his/her account, said account holder to be liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account.
(E) Funds so deposited will be made available for wagering use in accordance with financial institution funds availability schedules.
(b) Credit for winnings from wagers placed with funds in an account and credit for account wagers on entries that are scratched shall be posted to the account by the account wagering center.
(c) For fees for service or other transaction-related charges by the race meet licensee and/or agent of the race meet licensee.
(4) Debits to an account shall be made as follows:
(a) Upon receipt by the account wagering center of an account wager, the account wagering center shall debit the account in the amount of the wager; or
(b) For fees for service or other transaction-related charges by the race meet licensee and/or agent of the race meet licensee; or
(c) An account wagering center may authorize a withdrawal from an account when one of the following exists:
(A) The account holder of an account appears personally at the account wagering center and provides the following:
(i) Proper identification;
(ii) The correct secure personal identification code; and
(iii) A properly completed and signed withdrawal slip.
(B) The account holder sends to the account wagering center a properly completed and signed withdrawal slip. Upon receipt of a properly completed and signed withdrawal slip, and if there are sufficient funds in the account to cover the withdrawal, the account wagering center shall, within five business days of its receipt, send a check to the account holder. The check shall be payable to the holder of the account and in the amount of the requested withdrawal. If funds are not sufficient to cover the withdrawal, the account holder will be notified in writing and those funds in the account will be withdrawn and sent to the account holder within the five-day time period. Electronic funds transfers may be used for withdrawals in lieu of a check at the discretion of the account holder and the account wagering center subject to the same conditions described for electronic funds transfer credits described in subsection (3)(a)(D) of this rule.
(d) The race meet licensee and/or the agent of the race meet licensee may close accounts in which there has been no activity for at least six (6) months, returning funds remaining therein to the account holder at his/her principal residence address.
(e) In the event an account holder is deceased, funds accrued in the account shall be released to the decedent's legal representative upon receipt of a copy of a valid death certificate, tax releases or waivers, probate court authorizations or other documents required by applicable laws.
(5) The account wagering center shall not accept wagers from an account holder in an amount in excess of the account balance.
(6) Checks, money orders and other negotiable instruments shall be posted to the credit of the account holder in accordance with financial institution funds availability schedules.
(7) Monies deposited with the account wagering center for account wagering shall not bear any interest to the account holder.
(8) Account wagers shall be accepted during such time and on such days in such manner as designated by the commission.
(9) Notwithstanding any other rules, the managing employee of the account wagering center may at any time declare the account wagering center closed for receiving wagers on any pari-mutuel pool, race, group of races, or closed for all wagering. Anytime the account wagering center is closed during normal wagering hours by the managing employee a written report must be filed with the commission within forty-eight (48) hours.
(10) The account wagering center has the right at any time and for what it deems good and sufficient reason to refuse to accept all or part of any wager.
(11) Accounts are for the personal use of the account holder. The account holder is responsible for maintaining the secrecy of the account number and secure personal identification code. Except where the account wagering center or its employees or agents act without good faith or fail to exercise ordinary care, the account wagering center shall not be responsible for any loss arising from the use by any other person or persons of an account holder's account. The account holder must immediately notify the account wagering center of a breach of the account's security.
(12) Payment on winning pari-mutuel wagers and credits for account wagers on entries which are scratched shall be posted to the credit of the account holder as soon as practicable after the race is declared official.
(13) Upon request by an account holder the account wagering center shall provide on an annual basis, at no cost, a written statement of an individual's account activity. Unless written notice to the contrary is received by the account wagering center within fourteen (14) days of the date that any statement is sent to an account holder, the statement will be deemed accepted as correct.
(14) The principal residence address provided in writing by the account holder at the time of application is deemed to be the proper address for the purposes of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence. The mailing of checks or other correspondence to the address given by the account holder shall be at the sole risk of the account holder.
(15) No employee or agent of the account wagering center shall divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the account wagering center, except to the account holder as required by these rules, the commission, and as otherwise required by state or federal law, or the rules of racing of this state.
Stat. Auth.: ORS 462.270(3) & 462.700
Stats. Implemented: ORS 462.142
Hist.: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00; RC 1-2002, f. & cert. ef. 1-3-02; RC 1-2011, f. 6-6-11, cert. ef. 6-9-11