Wyo. Code R. 038 | Wyoming Administrative Rules 038 — Wyoming Gaming Commission

410 Online Sports Wagering

Chapter 1 General Provisions

Wyo. Code R. 038.0002.1.07162025 § 1 Definitions

In applying the rules and all amendments, the following definitions, constructions, and interpretations shall apply, except where otherwise indicated in the rules:

(a) "Affiliate" means a person that, directly or indirectly, through one (1) or more intermediaries, controls or is controlled by a sports wagering operator.

(b) "Applicant" means a person that applies for a permit.

(d) "Card" means the list of sporting events from which a patron can make selections for a given pool.

(e) "Cash equivalent" has the meaning provided in W.S. § 9-24-101(a)(i).

(f) "Critical component" has the meaning provided in W.S. § 9-24-101(a)(xvi)

(g) "Director" has the meaning provided in W.S. § 9-24-101(a)(iii).

(h) "Event category" means a specific type of athletic event or other event governed by a specific sports governing body or other oversight body (for example, professional basketball governed by the National Basketball Association).

(i) "Event integrity monitoring" means the monitoring of sports wagering to identify unusual or suspicious wagering activities from a match-fixing and sporting corruption standpoint to then report such activities to required parties.

(j) "Exchange wagering" means a form of wagering in which two (2) or more persons place identically opposing wagers in a given market, allowing patrons to wager on both winning and non-winning outcomes in the same event.

(k) "Fantasy sports contest" has the meaning provided in W.S. § 9-24-101(a)(iv).

(l) "Geolocation system" means a process to reasonably detect the geolocation of a patron when said patron is attempting to access the system and place a wager.

(m) "Harass" means to engage in conduct, including but not limited to verbal threats, written threats, electronic threats, lewd or obscene statements or images, vandalism or nonconsensual physical contact, directed at a person that the offending party knew or should have know would cause a reasonable person to suffer: substantial emotional distress; substantial fear for their safety or the safety of another person; or substantial fear for the destruction of their property.

(n) "Indian lands" has the meaning provided in the Indian Gaming Regulatory Act of 1988, 25 USC § 2703(4).

(o) "In-game wagering" means placing an online sports wager after an athletic event has started.

(p) "Independent integrity monitoring provider" means an independent person who is registered with the Commission and who receives reports of unusual wagering activity from the Commission, a sports wagering operator, or a sports wagering vendor for the purpose of assisting in identifying suspicious wagering activity.

(q) "Institutional investor" means a person that is any of the following:

(i) A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees;

(ii) An employee benefit plan or pension fund that is subject to the Employee Retirement Income Security Act of 1974, Public Law 93-406;

(iii) An investment company registered under the Investment Company Act of 1940, 15 USC 80a-1 to 80a-64;

(iv) A collective investment trust organized by a bank under 12 CFR part 9;

(v) A closed-end investment trust;

(vi) A chartered or licensed life insurance company or property and casualty insurance company;

(vii) A chartered or licensed financial institution; or

(viii) An investment advisor registered under the Investment Adviser's Act of 1940, 15 USC §§ 80b-1 to 80b-21.

(r) "Internet" means the international computer network of interoperable packet-switched data networks, inclusive of additional technological platforms, such as mobile, satellite, and other electronic distribution channels.

(s) "Involuntarily-excluded person" means any individual who has been involuntarily excluded by the director and who is prohibited from establishing a sports wagering account or participating in gambling, gaming or wagering activities under the jurisdiction of the Commission.

(t) "Key personnel" has the meaning provided in W.S. § 9-24-101(a)(xvii).

(u) "Layoff wager" means a wager placed by a sports wagering operator or sports wagering vendor with another sports wagering operator or sports wagering vendor for the purpose of offsetting patron online sports wagers.

(v) "Mobile application" means an application on a mobile phone or other device through which an individual is able to place an online sports wager.

(w) "Occupational permit" means a permit issued by the Commission to a person to perform an occupation that directly affects the integrity of online sports wagering and that the Commission has identified as requiring a permit to perform the occupation.

(x) "Online sports wager" means the cash, or cash equivalent, including free wagers and bonus or promotional play risked by a patron on sports wagering through the internet.

(y) "Online sports wagering" has the meaning provided in W.S. § 9-24-101(a)(vi).

(z) "Online sports wagering revenue" has the meaning provided in W.S. §

9-24-101(a)(vii).

(aa) "Patron" has the meaning provided in W.S. § 9-24-101(a)(viii).

(bb) "Person" means an individual, partnership, corporation, association, limited liability company, or other legal entity.

(cc) "Personal identifying information (PII)" means any sensitive information that could potentially be used to identify a particular patron. Examples include a legal name, date of birth, place of birth, social security number (or equivalent government identification number), driver's license number, passport number, residential address, phone number, email address, debit instrument number, credit card number, bank account number, or other personal information as defined by the Commission.

(dd) "Pool" means an offering where patrons may make selections of outcomes on a set number of sporting events on a card in order to enter for a chance to win all or a portion of the prize pool.

(ee) "Prize pool" means the prizing available for an individual tournament, contest, or pool.

(ff) "Prohibited person" means any involuntarily-excluded person, any voluntarily-excluded person, and all of the following:

(i) Any individual who is under the age of eighteen (18);

(ii) Any individual wagering while not in the authorized geographic boundaries within the State of Wyoming;

(iii) Any individual wagering on behalf of another;

(iv) Any restricted patron wagering in violation of their restrictions;

(v) Any individual wagering in violation of state, local, or federal law; or

(vi) Other prohibited persons as determined by the Commission.

(gg) "Prohibited sports wager" has the meaning provided in W.S. § 9-24-101(a)(ix).

(hh) "Qualified gaming entity" has the meaning provided in W.S. § 9-24-101(a)(x).

(ii) "Restricted patron" means any patron with the following restrictions in place:

(i) Employees of a sports wagering operator or sports wagering vendor, as well as those within the same household, may not wager with the sports wagering operator or sports wagering vendor for which he or she is employed unless using a test account under these rules;

(ii) Occupational permittees and applicants may not wager with the sports wagering operator or sports wagering vendor for which they are employed or for which they had to qualify;

(iii) Professional or collegiate athletes, team employees and owners, coaches, managers, handlers, athletic trainers, league officials and employees, referees, umpires, sports agents, and employees of an athletic or referee union, and anyone with access to non-public/exclusive information or sufficient authority to influence the outcome of an event, as well as those within the same household, may not wager on events in the sport in which they participate, or in which the athlete they represent participates; or

(iv) At the Commission's discretion, individuals on a list provided by a team or sports governing body may not wager on any event overseen by the relevant sports governing body.

(jj) "Rake" means the fee that is deducted by a sports wagering operator or sports wagering vendor from a wager made for exchange wagering, or entry fees paid by patrons who participate in a tournament, contest, or pool.

(kk) "Rake adjustment" means an adjustment made by a sports wagering operator or sports wagering vendor to account for any shortfall in connection with a tournament, contest, or pool.

(ll) "Self-exclusion list" means a list of individuals who voluntarily excluded themselves from establishing or maintaining a sports wagering account with a sports wagering operator or sports wagering vendor.

(mm) "Sensitive information" means information such as PII, transactional wagering data, authentication credentials (including PINs and passwords), secure seeds and keys used in encryption, and other data that shall be handled in a secure manner.

(nn) "Shared liquidity pool" means a tournament, contest, or pool conducted in Wyoming and at least one other jurisdiction.

(oo) "Sporting event" has the meaning provided W.S. § 9-24-101(a)(xi).

(pp) "Sports governing body" means an organization that prescribes final rules and enforces codes of conduct for an athletic event and the participants in the athletic event.

(qq) "Sports wagering" has the meaning provided W.S. § 9-24-101(a)(xii).

(rr) "Sports wagering account" has the meaning provided W.S. § 9-24-101(a)(xiii).

(ss) "Sports wagering operator" has the meaning provided W.S. § 9-24-101(a)(xiv).

(tt) "Sports wagering operator permit" means a permit issued by the Commission to a person to operate, conduct, or offer online sports wagering.

(uu) "Sports wagering system" means the hardware, software, firmware, communications technology, other equipment, as well as operator procedures implemented in order to allow patron participation in online sports wagering, and, if supported, the corresponding equipment related to the display of the wager outcomes, and other similar information necessary to facilitate patron participation. The system provides the patron with the means to place and manage online sports wagers. The system provides the sports wagering operator with the means to review sports wagering accounts, suspend events, generate various wagering/financial transaction and account reports, input outcomes for events, and set any configurable parameters.

(vv) "Sports wagering vendor" has the meaning provided W.S. § 9-24-101(a)(xv).

(ww) "Sports wagering vendor permit" means a permit issued by the Commission to a sports wagering vendor.

(xx) "Statutes" means the online sports wagering statutes, W.S. §§ 9-24-101 through -106.

(yy) "Suspended account" means a sports wagering account that has been temporarily disabled from engaging in wagering activity.

(zz) "Suspicious wagering activity" means unusual wagering activity that cannot be explained and is indicative of any of the following:

(i) Match-fixing;

(ii) The manipulation of an event;

(iii) Misuse of inside information;

(iv) A potential breach of a sports governing body's internal rules or code of conduct pertaining to sports wagering;

(v) Any other conduct that corrupts the outcome of an event; or

(vi) Any other prohibited activity.

(aaa) "Targeted mailing" means an advertisement or promotional offer from a sports wagering operator or a sports wagering vendor directed to an individual on the basis of specific criteria, such as being a member or former member of a rewards club or a participant in social games. "Targeted mailing" does not include mass communication, including mailings or e-mailings, made to an entire area or zip code or targeted list, nor does it include an advertisement that arrives in a packet of five (5) or more non-gaming advertisements if the packet of advertisements is addressed to "resident," "occupant," or some similar wording and not to a specific individual. "Targeted mailing" further does not include any "pop-up" advertisement that appears on an individual's computer or mobile device on the basis of his or her IP Address.

(bbb) "Unusual wagering activity" means abnormal wagering activity exhibited by one (1) or more patrons and considered by a sports wagering operator or sports wagering vendor as a potential indicator of suspicious wagering activity. Unusual wagering activity may include the size of a patron's online sports wager or increased wagering volume on a particular event or wager type.

(ccc) "Voluntarily-excluded person" means any individual whose name is included, at his or her own request, in the responsible gaming database or on a self-exclusion list or both.

(ddd) "Winnings" means the total cash value of all property or sums, including currency or instruments of monetary value paid to a patron by a sports wagering operator as a direct result of a winning sports wager.

History

Effective 2025-07-16

Chapter 2 Permits/Permittees

Wyo. Code R. 038.0002.2.07172024 § 1 Permits Generally

(a) Key personnel of an applicant, license holder or permit holder who may exercise ultimate decision making authority over online sports wagering operations in Wyoming, and any employee of an applicant, license holder or permit holder who is authorized to change and is capable of changing play or outcome of wagers through the deployment of code to production for any critical component of the mobile application or digital platform in Wyoming shall be licensed by the Wyoming Gaming Commission.

(i) Fees for the initial license, and subsequent renewals will be two hundred fifty ($250.00) dollars;

(ii) Licenses issued under this section are valid for five (5) years.

(b) The critical components of a sports wagering system will be defined by the technical standards and specifications adopted by the Commission.

(c) It is the responsibility of an employer to facilitate the permitting of its employees. The employment of an individual that does not hold a permit may be cause for suspension or revocation.

(d) A sports wagering operator or sports wagering vendor may provide an explanation, such as a job description, to support an allegation that a position should not require an employee permit.

(e) All applications for a permit shall be filed with the Commission, who shall have the authority to issue the permit or hold the application for further investigation.

(f) The Commission may request additional information not prescribed in the application form. The applicant shall provide all information, documents, materials, and certifications at the applicant's sole expense and cost.

(g) The Commission may grant a permit with special conditions, or for a limited period, or both.

(h) Permits issued pursuant to these rules may not be transferred without prior approval by the Commission. The Commission reserves the right to terminate any permit and revoke the privileges of such permit whenever it finds sufficient evidence that a permittee has engaged in conduct that would result in a finding of failing to qualify for a permit if it were an applicant for a new permit.

(i) All permittees shall report any known irregularities or wrongdoings by any persons involving sports wagering immediately to the Commission and cooperate in subsequent investigations.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.2.07172024 § 2 Permits; Fees; and Application

(a) A sports wagering operator shall possess a permit to accept online sports wagers issued by the Commission. No person shall accept online sports wagers without holding a valid permit issued by the Commission.

(b) A qualified gaming entity applying for a sports wagering operator permit shall do so on a uniform application furnished by the Commission. The fee for both an initial application and renewal application shall be two thousand five hundred dollars ($2,500.00). The application shall require an applicant, at a minimum, to provide:

(i) The full name, current address, and contact information of the applicant;

(ii) Disclosure of each person who has control of the applicant as described in subsection (f) of this section;

(iii) The applicant's fingerprints and the fingerprints of individuals identified in subsection (f) of this section considered to have control of an applicant or permittee;

(iv) Consent to permit the Commission to conduct a criminal history record check of the applicant and each individual disclosed under subsection (f) of this section in accordance with procedures established by the Commission. This subsection shall not require an applicant or individual who has submitted to a criminal background check in this or any other state within the twelve (12) months before submitting the application to resubmit to another criminal background check provided that the applicant or individual submits the results of the previous criminal background check and affirms that there has been no material change in the criminal history since the time of the criminal background check;

(v) For the applicant and each person disclosed under subsection (f) of this section, a record of previous issuances and denials of any gambling-related permit, license or application in Wyoming, or in any other jurisdiction in the United States; and

(vi) Any other additional information or permissions as requested by the Commission.

(c) The Commission shall charge a permit fee of one hundred thousand dollars ($100,000.00) for an initial sports wagering operator permit. An initial permit and any renewal permit shall each be valid for five (5) years. The Commission shall charge a fee of fifty thousand dollars ($50,000.00) for a sports wagering operator permit renewal.

(d) A sports wagering vendor shall possess a permit to conduct business in the state issued by the Commission. No person shall provide vendor services to a sports wagering operator without holding a valid permit issued by the Commission.

(e) The Commission shall charge a fee of ten thousand dollars ($10,000.00) for an initial sports wagering vendor permit. An initial permit and any renewal permit shall each be valid for five (5) years. The Commission shall charge a fee of five thousand dollars ($5,000.00) for a sports wagering vendor permit renewal.

(f) The following persons are considered to have control of a sports wagering operator permit applicant or permittee:

(i) Each holding company, parent company, or subsidiary company of the applicant or permittee;

(ii) Each person, except for a bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business, who owns fifteen percent (15%) or more of a corporate applicant or permittee and has the ability to:

(A) Control the activities of the corporate applicant or permittee; or

(B) Elect a majority of the board of directors of that corporate applicant or permittee.

(iii) Each person associated with a noncorporate applicant or permittee who directly or indirectly holds a beneficial or proprietary interest in the noncorporate applicant's or permittee's business operations or who the Commission otherwise determines has the ability to control the noncorporate applicant or permittee; or

(iv) Key personnel of an applicant or permittee, including any executive, employee, or agent having the power to exercise ultimate decision-making authority over the applicant's or permittee's sports wagering operations in this state.

(g) An applicant for a permit must establish their suitability for a permit by clear and convincing evidence.

(h) The Commission shall, not more than ninety (90) days after the date of receipt of an application for a permit or license, or application for renewal of a permit or license under W.S. § 9-24-103, either:

(i) Issue the permit or license; or

(ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (j) of this section.

(i) The Commission shall deny an application under this section upon finding any of the following:

(i) The applicant, permittee, or licensee has been convicted of, forfeited bail on, or pleaded guilty to:

(A) A crime involving theft, dishonesty, or fraud;

(B) Bribery or unlawfully influencing a public official;

(D) Any other felony or misdemeanor that negatively impacts the applicant's credibility or the security, integrity or fairness of online sports wagering.

(ii) The applicant tampered with submitted documentation or concealed, failed to disclose, or otherwise attempted to mislead the Commission with respect to any material fact contained in the application or contained in any other information required of or submitted by an applicant to the Commission;

(iii) The applicant or permittee failed or refused to cooperate in the investigation of a crime related to gambling, corruption of a public official, or any organized criminal activity;

(iv) The applicant or permittee has intentionally not disclosed the existence or identity of other persons who have control of the applicant or permittee as required by this section;

(v) The applicant or permittee has had a permit revoked by any government authority responsible for the regulation of sports wagering;

(vi) The applicant or permittee has not demonstrated financial responsibility sufficient to adequately meet the requirements of this chapter, as specified by rule of the Commission; or

(vii) The applicant or permittee has not met the requirements of this section, any other provision of this chapter, Commission rules, or any applicable federal laws.

(j) Given a sufficient number of applicants, at any one (1) time, the Commission shall issue not less than five (5) sports wagering operator permits to applicants that satisfy the requirements under this chapter. If an insufficient number of applicants apply for a sports wagering operator permit, this provision shall not be interpreted to direct the Commission to issue a permit to an unqualified applicant.

(k) The Commission shall issue a permit to a sports wagering vendor that is currently operating in good standing in a similar role in at least three (3) jurisdictions in the United States under a state regulatory structure, and that has paid all required fees under subsection (e) of this section.

(l) Permittees under this section shall have an ongoing obligation to disclose in writing any material change in the information provided in the application to the Commission, including:

(i) Changes to names and contact information;

(ii) Arrests, convictions, guilty pleas, disciplinary actions or license or permit denials in Wyoming or any other jurisdiction;

(iii) Any civil or criminal action brought against the permittee; or

(iv) Any other information specified by rule of the Commission.

(m) If the Commission denies an application or intends to revoke or suspend a permit issued under this section, it shall follow the process as set forth in Chapter 9 of these rules.

(n) An applicant may claim any privilege afforded by the Constitution of the United States or of the State of Wyoming in refusing to answer questions by the Commission. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial of or revocation of a permit.

(o) Renewal applications for permits may be submitted and renewed upon the filing and approval of an application for renewal. Renewal applications for all sports wagering operator and vendor permits must be received by the Commission one hundred twenty (120) days before the expiration of the current permit. Renewal applications for sports wagering occupational permits must be received by the Commission thirty (30) days before the expiration of the current permit. Renewal applicants who fail to submit their completed applications when due shall not be considered to have made a timely and sufficient application for renewal.

(p) The Commission may require applicants who have applied for, or holders of a sports wagering operator or vendor permit to file information relating to contracts or proposed contracts relating to the operation of sports wagering in Wyoming in a form prescribed by the Commission.

History

Effective 2024-07-17

Chapter 3 Taxes and Payments

Wyo. Code R. 038.0002.3.07172024 § 1 Taxes and Payments Generally

(a) Not later than the fifteenth (15th) day of each month, a sports wagering operator shall remit electronically ten percent (10%) of online sports wagering revenue from the prior month to the Commission.

(b) Prior to commencing operations in Wyoming, each sports wagering operator shall establish and, after that, maintain an operating account at a designated financial institution capable of handling electronic fund transfers. The sports wagering operator must notify the Commission of the financial institution where funds are deposited, and the Commission may reject the proposed financial institution for cause. No change of financial institution may be made without prior Commission approval.

(c) A sports wagering operator must remit the tax or payment imposed, by an electronic transfer of funds. In addition, the sports wagering operator shall electronically transmit to the Commission a tax return in the format provided by the Commission. The return, and tax or payment shall be transmitted no later than the fifteenth (15th) day of the month succeeding the calendar month in which the online sports wagering revenue proceeds were received by the sports wagering operator. The tax or payment is timely if it settles to the Commission's bank account by the sixteenth (16th) day of the month succeeding the calendar month in which the online sports wagering revenue was received by the sports wagering operator.

(d) If the amount of online sports wagering revenue for a month is a negative figure, the sports wagering operator shall not remit a sports wagering tax or payment for that month. Any negative online sports wagering revenue may be carried over and calculated as a deduction on the tax form or payment form on the immediately succeeding month, provided that no operator shall carry over more than the total amount of loss for that month.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.3.07172024 § 2 Write-Offs/Amounts Returned/Disputed Credit or Debit Charges

(a) A sports wagering operator shall not receive a deduction from online sports wagering revenue unless written approval is granted by the Commission for the following:

(i) Amounts returned to a patron because of a game, platform, or system malfunction or because the online sports wager must be voided because of concerns regarding integrity of the wager or game that were previously included in the computation of online sports wagering revenue; or

(ii) Uncollectible markers or successfully disputed credit or debit card charges that were previously included in the computation of online sports wagering revenue. Discretionary write-offs by the sports wagering operator do not constitute an uncollectible marker.

(b) A sports wagering operator must submit for Commission review and approval a written request, including all supporting documentation, for any deductions it would like to take against online sports wagering revenue.

History

Effective 2024-07-17

Chapter 4 Patron Wagers

Wyo. Code R. 038.0002.4.07172024 § 1 Authorized and Prohibited Events and Wager Types

(a) Before any sports wagering operator or sports wagering vendor may accept online sports wagers on an event category or online sports wagers of a particular wager type, the event category or wager type must be approved by the Commission.

(b) Unless already approved by the Commission, a request for approval must be submitted by a sports wagering operator in the form and manner prescribed by the Commission, subject to the following:

(i) A request for approval of an event category involving athletic events must include, at a minimum, the name of the sports governing body and, to the extent known by the sports wagering operator, a description of its policies and procedures regarding event integrity; and

(ii) A request for approval of an event category involving events other than athletic events must include:

(A) A full description of the event category and the manner in which online sports wagers would be placed and winning online sports wagers would be determined;

(B) A full description of any technology that would be utilized to offer the event category;

(D) Any rules or voting procedures related to the event category; and

(E) Any other information the Commission considers necessary.

(c) The Commission may require an appropriate test or experimental period, under such terms and conditions the Commission considers appropriate, before granting final approval to an event category or wager type. The Commission may subject any technology that would be used to offer an event category or wager type to such testing, investigation, and approval as it considers appropriate.

(d) The Commission may grant, deny, limit, restrict, or condition a request made pursuant to this rule for any cause the Commission considers reasonable. The Commission may issue an order revoking, suspending, or modifying any approval of an event category or wager type granted under this rule for any cause the Commission considers reasonable.

(e) The Commission shall notify all sports wagering operators and sports wagering vendors of any additions, deletions, or changes regarding authorized event categories and authorized wager types, which may include publication of a list of authorized event categories and wager types on the Commission's website.

(f) The Commission reserves the right to prohibit the acceptance of any online sports wagers and may order the cancellation of online sports wagers and require refunds on any sporting event or other event category, event, or wager type for which wagering would be contrary to the public policies of the state.

(g) A sports wagering operator or sports wagering vendor may not accept online sports wagers on any of the following:

(i) Any pari-mutuel event as defined in W.S. § 11-25-102;

(ii) Any sporting event or other event where the majority of contestants or athletes in the sporting event are under the age of eighteen (18) years;

(iii) A fantasy sports contest;

(iv) The injury of a participant in an event; or

(v) Any wagering category not authorized by law or Commission rules.

(h) A sports wagering operator or sports wagering vendor must only accept online sports wagers on events and wager types for which:

(i) The event can be effectively supervised by a sports governing body or other oversight body;

(ii) There are integrity safeguards in place;

(iii) The outcome can be documented and verified;

(iv) The outcome can be generated by a reliable and independent process;

(v) The outcome is not affected by any wager placed; and

(vi) The event and acceptance of the wager type are conducted in conformity with all applicable laws.

(i) If it is determined that a sports wagering operator or sports wagering vendor has offered an unauthorized or prohibited event category, event, or wager type, the sports wagering operator or sports wagering vendor must immediately cancel and refund all online sports wagers associated with the unauthorized or prohibited event category, event, or wager type. The sports wagering operator or sports wagering vendor must notify the Commission promptly after cancelling and refunding the online sports wagers.

(j) A sports wagering operator or sports wagering vendor must not knowingly accept an online sports wager on an event or wager type whose outcome has already been determined and is publicly known.

(k) The Commission may use any information it considers appropriate, including, but not limited to, information received from a sports governing body, to determine whether to authorize or prohibit wagering on a particular event or a particular wager type.

(l) Prior to offering exchange wagering a sports wagering operator or sports wagering vendor must obtain approval from the Commission. The rake taken on such wagers shall be considered online sports wagering revenue and is subject to all taxes and tax requirements outlined in W.S. § 9-24-104.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 2 Prohibiting Wagers for Good Cause

(a) A sports governing body may request online sports wagering information or may request the Commission to restrict, limit, or exclude online sports wagering on a particular event or a particular wager type.

(b) The request must be submitted in the form and manner prescribed by the Commission and must include all of the following:

(i) The identity of the sports governing body and contact information for at least one specific individual who will be the primary point of contact for questions related to the request;

(ii) A description of the online sports wagering information, event, or wager type that is the subject of the request;

(iii) Information explaining why granting the request is necessary to protect the integrity of the event, or public confidence in the integrity of the event, that is the subject of the request. This may include information regarding any credible threat to the integrity of the event that is beyond the control of the sports governing body to preemptively remedy or mitigate; and

(iv) Any other information required by the Commission.

(c) To ensure proper consideration, the request should be sent to the Commission at least ten (10) days before the particular event. At any time, however, a sports governing body should report information to the Commission if it involves allegations of match-fixing, the manipulation of an event, misuse of inside information, or other prohibited activity.

(d) On receipt of a complete request from a sports governing body under subsection (b), the Commission shall notify all sports wagering operators in writing. All sports wagering operators must be given an opportunity to respond to the request. The notification must include the date by which written responses must be submitted to the Commission.

(e) The Commission shall promptly review the request, any responses, and any other available information and shall decide on the request before the start of the event, if feasible, or as expeditiously as possible. In making its determination, the Commission may consult with independent integrity monitoring providers and any other jurisdictions it considers appropriate. The Commission may grant the request, in its sole discretion, if it determines that granting the request is necessary to protect the integrity of the event, or public confidence in the integrity of the event, that is the subject of the request. The Commission shall notify, in writing, the sports governing body and all sports wagering operators of its decision.

(f) On request of a sports governing body or sports wagering operator, the Commission may reconsider its decision if there is a material change in the circumstances related to the original request.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 3 Wagering Rules

(a) A sports wagering operator or sports wagering vendor must adopt comprehensive wagering rules, which must be approved by the Commission.

(b) The wagering rules, together with any other information the Commission considers appropriate, must be conspicuously displayed on the sports wagering operator's or its sports wagering vendor's digital platform or mobile application, included in the terms and conditions of sports wagering accounts, and copies must be made readily available to individuals and patrons.

(i) Types of online sports wagers accepted;

(ii) Minimum and maximum online sports wagers;

(iii) Description of the process for handling incorrectly posted events, odds, online sports wagers, or results;

(iv) Method for calculation and payment of winning online sports wagers;

(v) Effect of schedule changes;

(vi) Method of notifying patrons of odds or proposition changes;

(vii) Acceptance of online sports wagers at other than posted terms;

(viii) Procedures related to pending winning online sports wagers;

(ix) Method of contacting the sports wagering operator or sports wagering vendor for questions and complaints;

(x) Description of prohibited persons, restricted patrons, and events and wager types on which online sports wagers may not be accepted under the statutes and these rules;

(xi) Methods of funding a wager;

(xii) Maximum payouts; however, such limits must only be established through limiting the amount of an online sports wager and cannot be applied to reduce the amount paid to a patron as a result of a winning online sports wager;

(xiii) A policy by which the sports wagering operator or sports wagering vendor can cancel online sports wagers for obvious errors pursuant to the sports wagering operator's or sports wagering vendor's internal controls, which must include a definition and procedures for obvious errors;

(xiv) Parlay wager related rules;

(xv) Rules and procedures for wagering communications;

(xvi) What is to occur when an event or any component of an event on which online sports wagers are accepted is canceled, including the handling of online sports wagers with multiple selections, such as parlays, where one or more of these selections is canceled; and

(xvii) Any other wagering rule and related information the Commission determines necessary.

(d) The sports wagering operator shall not implement any changes or modifications of the practices, procedures, or representations upon which the approval was based without the prior written approval of the Commission. Failure by an applicant to act in accordance with the wagering rules may result in disciplinary action.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 4 Acceptance of Wagers

(a) Available wagers must be displayed to patrons on the sports wagering system. The display must include the odds and a brief description of the event and wagering proposition.

(b) The sports wagering operator or sports wagering vendor shall debit the amount wagered by a patron. Wagers shall not be accepted in an amount in excess of an account balance.

(c) A sports wagering operator or sports wagering vendor may not accept an online sports wager on an event unless a wagering proposition is posted on the sports wagering system.

(d) A sports wagering operator or sports wagering vendor may not set lines or odds or offer wagering propositions designed for the purposes of ensuring that a patron will win an online sports wager or a series of online sports wagers, unless the lines, odds, or wagering propositions are offered in connection with a bonus or promotional offer conducted in accordance with Section 8 of these rules.

(e) A sports wagering operator or sports wagering vendor may, in its discretion, cancel an accepted online sports wager for an obvious error. An obvious error must be defined in the sports wagering operator's or sports wagering vendor's internal controls.

(f) A sports wagering operator or sports wagering vendor must cancel an online sports wager made by a prohibited person or by a restricted patron in violation of their restrictions and confiscate the funds. A sports wagering operator or online sports wagering vendor must cancel a wager under this subsection when the sports wagering operator or sports wagering vendor becomes aware that the individual who made the online sports wager is a prohibited person or a restricted patron in violation of their restrictions.

(g) Except as otherwise provided in this chapter, a sports wagering operator or sports wagering vendor may not unilaterally cancel an accepted online sports wager without prior written approval of the Commission.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 5 Prohibited Persons

(a) A sports wagering operator and a sports wagering vendor must make reasonable efforts to prevent a prohibited person from placing an online sports wager.

(b) If a sports wagering operator or sports wagering vendor detects, or is notified of, an individual suspected of being a prohibited person who had engaged or is engaging in prohibited online sports wagering, the sports wagering operator or sports wagering vendor, or both, must use reasonable measures to verify whether the individual is prohibited or not.

(c) If the sports wagering operator or sports wagering vendor cannot establish, by reasonable measures that the individual is prohibited, then the individual is presumed to not be a prohibited person for the purposes of this rule.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 6 Layoff Wagers

The sports wagering operator or sports wagering vendor is permitted to place and accept layoff wagers. When placing a layoff wager the sports wagering operator or sports wagering vendor must disclose its identity to the sports wagering operator or sports wagering vendor accepting the layoff wager. A sports wagering operator or sports wagering vendor may decline to accept a layoff wager in its sole discretion. Layoff wagers must be reported to the Commission.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 7 Tournaments/Contests/Pools

A sports wagering operator or sports wagering vendor may conduct an online sports wagering tournament, contest, or pool, subject to all of the following:

(a) No online sports wagering tournament, contest, or pool shall be conducted unless the sports wagering operator or sports wagering vendor, before the first time a tournament, contest, or pool type is offered, files written notice with the Commission of its intent to offer that tournament, contest, or pool type and obtains approval from the Commission. The sports wagering operator or sports wagering vendor may file a master list with the Commission to satisfy this requirement;

(b) The request must provide a detailed description of the tournament, contest, or pool type and must include the rules of the tournament, contest, or pool, the requirements for entry, the entry fees, the rake, and potential payouts. The request must also indicate whether or not the proposed type involves a shared liquidity pool available to patrons in Wyoming and other jurisdictions with the prize pool being comprised of entry fees collected from patrons in multiple jurisdictions;

(c) Once a sports wagering operator or sports wagering vendor receives approval to offer a tournament, contest, or pool type the sports wagering operator or sports wagering vendor shall not be required to seek additional approvals from the Commission for each subsequent type that is substantially similar;

(d) Each sports wagering operator or sports wagering vendor must maintain a record of each tournament, contest, or pool it offers, which must address, at a minimum, all of the following:

(i) Name or identification of the tournament, contest, or pool;

(ii) The date and time the tournament, contest, or pool occurred or will occur (if known);

(iii) Events and wager types;

(iv) Rules concerning tournament, contest, or pool play and participation; and

(v) For each registered patron:

(A) Unique patron ID and username (if different);

(B) Amount of entry fee collected, including any bonus or promotional credits, and the date collected;

(D) Amount of winnings paid, including any bonus or promotional credits, and the date paid;

(vi) Total amount of entry fees collected, including any bonus or promotional credits;

(vii) Total amount of winnings paid to patrons, including any bonus or promotional credits;

(viii) Total rake, commission, or fees collected;

(ix) Funding source amount or amounts comprising the prize pool (for example, buy-ins, re-buys, or add-ons);

(x) Prize structure on payout;

(xi) Methodology for determining winner or winners; and

(xii) The current status of the tournament, contest, or pool (in progress, complete, interrupted, cancelled, etc.).

(e) The sports wagering operator or sports wagering vendor shall be responsible for the rake. The sports wagering operator's or sports wagering vendor's rake collected from patrons that enter a contest, tournament, or pool while located in the state of Wyoming less any rake adjustment, if applicable, shall be considered online sports wagering revenue and are subject to all taxes and tax requirements outlined in W.S. § 9-24-104, and:

(i) At no time shall the calculation resulting from a rake or rake adjustment be negative; and

(ii) For a contest, tournament, or pool which utilize shared liquidity available to patrons in Wyoming and other jurisdictions, the rake rate must be the same for all jurisdictions participating.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 8 Bonus or Promotional Wagering

A sports wagering operator or sports wagering vendor may conduct online sports wagering bonus or promotional offers subject to all of the following:

(a) A sports wagering operator or sports wagering vendor must maintain a record of all bonus or promotional offers related to online sports wagering to facilitate the Commission's tracking of bonus or promotional activity, which must address, at a minimum, all of the following:

(i) Unique bonus or promotional offer ID for each offer;

(ii) The date and time the bonus or promotional offer was or is scheduled to be available;

(iii) Current balance for bonus or promotional awards;

(iv) Total amount of bonus or promotional awards issued;

(v) Total amount of bonus or promotional awards redeemed;

(vi) Total amount of bonus or promotional awards expired;

(vii) Total amount of bonus or promotional award adjustments;

(viii) The current status of the bonus or promotional offer (active, disabled, decommissioned, etc.); and

(ix) The date and time the bonus or promotional offer was or is scheduled to be decommissioned.

(b) All bonus or promotional offers must be stated in clear and unambiguous terms and must be accessible by the patron after the offer is accepted and before completion. Offer terms and the record of all offers must include all of the following at a minimum:

(i) The date and time presented;

(ii) The date and time the offer is active and expires;

(iii) Patron eligibility, including any limitations on participation;

(iv) Any restriction on withdrawals of funds;

(v) Wagering requirements and limitations on events or wager types;

(vi) How the patron is notified when they have received an award;

(vii) The order in which funds are used for wagers;

(viii) Eligible events or wager types; and

(ix) Rules regarding cancellation.

(c) A sports wagering operator or sports wagering vendor must provide a clear and conspicuous method for a patron to cancel his or her participation in a bonus or promotional offer that utilizes restricted wagering credits that cannot be cashed out until a wagering requirement or other restrictions associated with the credits is met:

(i) Upon request for cancellation, the sports wagering operator or sports wagering vendor shall inform the patron of the amount of unrestricted funds that will be returned upon cancellation and the value of restricted wagering credits that will be removed from the sports wagering account; and

(ii) If a patron elects to proceed with cancellation, unrestricted funds remaining in a patron's sports wagering account must be returned according to the terms of a bonus or promotional offer.

(d) Once a patron has met the terms of a bonus or promotional offer, a sports wagering operator or sports wagering vendor must not limit winnings earned while participating in the offer.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 9 Taxation Requirements

Each sports wagering operator or sports wagering vendor shall, at all times, comply with Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from online sports wagers by patrons and shall send to patrons subject to IRS reporting or withholding a Form W2-G summarizing the information for tax purposes following a winning wager being deposited into an account. Upon written request, the sports wagering operator or sports wagering vendor shall provide patrons with summarized tax information on sports wagering activities.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 10 Bank Secrecy Act Compliance

(a) A sports wagering operator or sports wagering vendor must comply with all provisions of The Bank Secrecy Act of 1970, 31 USC §§ 5311 to 5332, applicable to the sports wagering operator's or sports wagering vendor's online sports wagering operation.

(b) A sports wagering operator or sports wagering vendor must, with regard to its online sports wagering operation, maintain records related to its compliance with The Bank Secrecy Act of 1970, 31 USC §§ 5311 to 5332, including all currency transaction reports, suspicious activity reports, and any supporting documentation, for a minimum of five (5) years. The sports wagering operator or sports wagering vendor must provide the records to the Commission and any appropriate law enforcement agencies on request consistent with the authorization prescribed in The Bank Secrecy Act of 1970, 31 USC §§ 5311 to 5332, and applicable regulations.

(c) A sports wagering operator or sports wagering vendor must provide written notice to the Commission as soon as the sports wagering operator or sports wagering vendor becomes aware of a compliance review that is conducted by the Internal Revenue Service under The Bank Secrecy Act of 1970, 31 USC §§ 5311 to 5332, and involves or impacts the sports wagering operator's or sports wagering vendor's online sports wagering operation. The sports wagering operator or sports wagering vendor must provide a copy of the compliance review report or the equivalent to the Commission within ten (10) days after the receipt of the report by the sports wagering operator or sports wagering vendor.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 11 Integrity Monitoring/Suspicious Behavior

(a) A sports wagering operator or sports wagering vendor must have internal controls in place to identify and report unusual wagering activity to the Commission. As part of these internal controls a sports wagering operator may contract with an independent integrity monitoring provider.

(b) A sports wagering operator or sports wagering vendor receiving a report of suspicious wagering activity must be permitted to suspend wagering on events or wager types related to the report but may only cancel online sports wagers related to the report after receiving approval from the Commission.

(c) The Commission may require a sports wagering operator or sports wagering vendor to provide any hardware or software necessary to the Commission, or to an independent gaming laboratory approved by the Commission, for evaluation of its online sports wagering offering or to conduct further monitoring of data provided by its sports wagering system.

(d) A sports wagering operator or sports wagering vendor must maintain records of all event integrity monitoring services and activities, including all reports of unusual or suspicious wagering activity and any supporting documentation, for a minimum of five (5) years and must provide such records to the Commission on request.

(e) An independent integrity monitoring provider must register as a vendor with the Commission before providing event integrity monitoring services to a sports wagering operator or sports wagering vendor under the statutes and these rules.

(f) A sports wagering operator or sports wagering vendor must maintain the confidentiality of information provided by a sports governing body to the sports wagering operator or sports wagering vendor related to unusual wagering activity, suspicious wagering activity, or the integrity of an event, unless disclosure is required by the Commission, any applicable law, or a lawful order of a court of competent jurisdiction.

(g) A sports wagering operator or sports wagering vendor must employ personnel responsible for ensuring the operation and integrity of online sports wagering and reviewing all reports of suspicious behavior. Unless otherwise directed by the Commission, a sports wagering operator or sports wagering vendor must promptly notify the Commission upon detecting or becoming aware of any of the following:

(i) Any person participating in online sports wagering who is engaging in or attempting to engage in, or who is reasonably suspected of, cheating, theft, embezzlement, collusion, use of funds derived from illegal activity, money laundering, or any other illegal activities;

(ii) Any person who is reasonably suspected of misrepresenting their identity or using false identification to establish or attempt to establish a sports wagering account;

(iii) Suspected criminal activity related to any aspect of online sports wagering;

(iv) Any criminal or disciplinary proceedings commenced against the sports wagering operator or sports wagering vendor in connection with its online sports wagering operations; or

(v) Any online sports wagers that violate any applicable state or federal law.

(h) A sports wagering vendor must promptly notify any affected sports wagering operators on behalf of which it accepts online sports wagers of any issues impacting the integrity of online sports wagering.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 12 Reserve Requirement

(a) A sports wagering operator or sports wagering vendor must submit a plan to maintain a reserve in the amount necessary to ensure the security of funds held in sports wagering accounts and the ability to cover the outstanding online sports wagering liability. All plans require Commission approval.

(b) The reserve must be in the form of:

(i) Cash or cash equivalents maintained in a Wyoming bank account segregated from the sports wagering operator's or sports wagering vendor's operational funds;

(ii) An irrevocable letter of credit from a bank located either in the State of Wyoming or at a minimum charted in the State of Wyoming;

(iii) A bond;

(iv) Payment processor reserves and receivables;

(v) Any other form acceptable to the Commission; or

(vi) Any combination of the allowable forms described in paragraphs (i) to (v).

(c) The reserve must be not less than the greater of twenty-five thousand dollars ($25,000.00) or the sum of the following amounts:

(i) The daily ending cashable balance of all patrons' sports wagering accounts;

(ii) Pending withdrawals;

(iii) Amounts accepted by the sports wagering operator or sports wagering vendor on online sports wagers whose outcomes have not been determined; and

(iv) Amounts owed but unpaid on winning online sports wagers through the period established by the sports wagering operator or sports wagering vendor for honoring winning online sports wagers.

(d) Funds held in sports wagering accounts must not be automatically transferred by a sports wagering operator or sports wagering vendor. A sports wagering operator or sports wagering vendor must not require a patron to transfer funds from his or her sports wagering account, in order to circumvent this rule.

(e) Amounts available to patrons for play that are not redeemable for cash may be excluded from the reserve computation.

(f) A sports wagering operator or sports wagering vendor must have access to all sports wagering account and transaction data to ensure the amount of its reserve is sufficient. Unless otherwise directed by the Commission, a sports wagering operator or sports wagering vendor must file a monthly attestation with the Commission, in the form and manner prescribed by the Commission, that funds have been safeguarded under this rule.

(g) The Commission may audit a sports wagering operator's or sports wagering vendor's reserve at any time and may direct a sports wagering operator or sports wagering vendor to take any action necessary to ensure the purposes of this rule are achieved, including but not limited to requiring the sports wagering operator or sports wagering vendor to modify the form of its reserve or increase the amount of its reserve.

History

Effective 2024-07-17

Wyo. Code R. 038.0002.4.07172024 § 13 Patron Complaints

(a) A sports wagering operator or sports wagering vendor must include on its sports wagering system a clear mechanism to advise patrons of their right to make a complaint against the sports wagering operator or sports wagering vendor, including information explaining how complaints can be filed, how complaints are resolved, and how the patron may submit a complaint to the Commission.

(b) When a patron makes a complaint, the sports wagering operator or sports wagering vendor shall immediately issue a complaint report, setting out:

(i) The name of the complainant;

(ii) The nature of the complaint;

(iii) The name of the persons, if any against whom the complaint was made;

(iv) The date of the complaint; and

(v) The action taken or proposed to be taken, if any, by the sports wagering operator or sports wagering vendor.

(c) The sports wagering operator or sports wagering vendor shall maintain every complaint report for a minimum of five (5) years, which shall be made available to the Commission for inspection upon request.

(d) A sports wagering operator or sports wagering vendor must attempt to resolve all complaints with the patron.

(e) Upon receipt of a written complaint, a sports wagering operator or sports wagering vendor must investigate and provide a written response to the patron within ten (10) business days. If a sports wagering operator or sports wagering vendor needs additional time to investigate or resolve a complaint beyond ten (10) business days, the patron must be notified of the need for additional time and be given an expected time frame in which the complaint may be resolved.

(f) On receipt of a complaint from a patron, the Commission may conduct any investigation the Commission considers necessary and may direct a sports wagering operator or sports wagering vendor to take any corrective action the Commission considers appropriate.

History

Effective 2024-07-17

Chapter 5 Technical Standards

Wyo. Code R. 038.0002.5.10052021 § 1 Sports Wagering System Technical Standards

(a) A sports wagering operator shall use a sports wagering system to offer, conduct, or operate online sports wagering in accordance with applicable laws and these rules. Only a sports wagering operator or its sports wagering vendor may process, accept, offer, or solicit online sports wagers. If a sports wagering operator does not utilize a sports wagering vendor and, instead, develops its own sports wagering system, the sports wagering operator is considered both a sports wagering operator and a sports wagering vendor for the purposes of this chapter.

(b) Sports wagering operators and sports wagering vendors must comply with, and the Commission adopts and incorporates by reference, the Gaming Laboratories International Standard Series, GLI-33: Standards for Event Wagering Systems, Version 1.1, and its appendices, May 14, 2019 Revision Date. The GLI-33 standards are intended to supplement rather than supplant other technical standards and requirements under these rules.

(c) A sports wagering system for use to conduct online sports wagering must meet the specifications set forth in these rules or other technical specifications as prescribed by the Commission. Failure to comply with the approved specifications, internal controls, or technical specifications may result in disciplinary action by the Commission.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 2 Approval of Sports Wagering System

(a) Prior to conducting online sports wagering, and annually thereafter, the sports wagering system used in conjunction with the sports wagering operation shall be submitted to a nationally recognized, independent gaming laboratory approved by the Commission for certification testing. Certification and Commission approval must be received prior to the use of any sports wagering system to conduct online sports wagering.

(b) If the sports wagering system meets or exceeds the specifications set forth in these rules or other technical specifications as prescribed by the Commission, the independent gaming laboratory approved by the Commission shall certify the sports wagering system. Sports wagering operators and sports wagering vendors are prohibited from offering online sports wagering in Wyoming without such certification. The sports wagering vendor is responsible for all costs associated with testing and obtaining such certifications.

(c) The sports wagering operator and its sports wagering vendor must submit change control processes to the Commission for approval which detail evaluation procedures for identifying the criticality of updates and determining the updates that must be submitted to a Commission approved independent gaming laboratory for review and certification. These processes must be:

(i) Developed in accordance with, the Gaming Laboratories International, Change Management Program Guide, Version 1.0, Published May 6, 2020, which the Commission adopts and incorporates by reference; and

(ii) Certified prior to its deployment and audited at an annual interval by the independent gaming laboratory.

(d) At least once annually, each product operating under the certified change control processes must be fully certified to the specifications set forth in these rules or other technical specifications as prescribed by the Commission and accompanied by formal certification documentation from the independent gaming laboratory. The sports wagering operator and sports wagering vendor where separate shall be allowed to seek approval for extension beyond the annual approval if hardship can be demonstrated. Granting of a hardship waiver is the sole discretion of the Commission.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 3 Geolocation Requirements

(a) All online sports wagering transactions must be initiated and received or otherwise made by a patron located in the authorized geographic boundaries within Wyoming. The authorized geographic boundaries shall exclude Indian Lands located in Wyoming. For purposes of these rules, the intermediate routing of electronic data in connection with online sports wagering, including routing across state lines, does not determine the location or locations in which the online sports wager is initiated, received, or otherwise made.

(b) The sports wagering vendor must utilize a geolocation system to reasonably detect the physical location of an individual or patron attempting to access the sports wagering system and place an online sports wager and to monitor and block unauthorized attempts to place an online sports wager when an individual or patron is not within the authorized geographic boundaries.

(c) The Commission shall approve technical specifications for geolocation systems and any specific requirements related to geolocation and may also issue such requirements in the form of Commission Directives.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 4 Location of Servers, Security, and Cloud Storage

Unless otherwise approved by the Commission in writing, a sports wagering operator and its sports wagering vendor must place its primary server or other equipment responsible for the acceptance of patron wagers in secure locations in this state. The Commission may approve of the use of internet or cloud-based hosting of duplicate data or data not related to transactional wagering data upon written request of a sports wagering operator or sports wagering vendor.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 5 Integrity and Security Assessment

(a) Each sports wagering operator or sports wagering vendor shall, within ninety (90) days after commencing operations in Wyoming, and annually thereafter, have an integrity and security assessment of the sports wagering system conducted by an independent professional selected by the sports wagering operator or sports wagering vendor and subject to approval of the Commission.

(b) The scope of the sports wagering system integrity and security assessment is subject to approval of the Commission and must include, at a minimum, all of the following:

(i) A vulnerability assessment of digital platforms, mobile applications, internal, external, and wireless networks with the intent of identifying vulnerabilities of all devices, the sports wagering systems, and applications transferring, storing, and/or processing personal identifying information (PII) and/or other sensitive information connected to or present on the networks;

(ii) A penetration test of all digital platforms, mobile applications, internal, external, and wireless networks to confirm if identified vulnerabilities of all devices, the sports wagering systems, and applications are susceptible to compromise;

(iii) A review of the firewall rules to verify the operating condition of the firewall and the effectiveness of its security configuration and rule sets performed on all of the perimeter firewalls and the internal firewalls;

(iv) A technical security control assessment against the provisions adopted in Appendix B of GLI-33 and these rules with generally accepted professional standards and as approved by the Commission;

(v) An evaluation of information security services, cloud services, payment services (financial institutions, payment processors, etc.), location services, and any other services which may be offered directly by the permittee or involve the use of third parties; and

(vi) Any other specific criteria or standards for the sports wagering system integrity and security assessment as prescribed by the Commission.

(c) The full independent professional's report on the assessment must be submitted to the Commission no later than thirty (30) days after the assessment is conducted and must include all the following:

(i) Scope of review;

(ii) Name and company affiliation of the individual or individuals who conducted the assessment;

(iii) Date of assessment;

(iv) Findings;

(v) Recommended corrective action, if applicable; and

(vi) Sports wagering operator's or sports wagering vendor's response to the findings and recommended corrective action.

(d) Where approved by the Commission, it is acceptable to leverage the results of prior assessments within the past year conducted by the same independent professional against standards such as ISO/IEC 27001, ISO/IEC 27017, ISO/IEC 27018, the NIST Cybersecurity Framework (CSF), the Payment Card Industry Data Security Standards (PCI-DSS), or equivalent. Such leveraging shall be noted in the independent professional's report. This leveraging does not include critical components unique to the state which will require fresh assessments.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 6 Sports Wagering Technical Security Controls

In addition to the technical security controls set out in Appendix B of GLI-33, additional technical security controls may be adopted by the Commission through the issuance of Commission Directives.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 7 Information Security Management System (ISMS)

Each sports wagering operator or sports wagering vendor shall implement, maintain, regularly review and revise, and comply with a comprehensive ISMS The purpose of which shall be to take reasonable steps to protect the confidentiality, integrity, and availability of personal identifying information (PII) of individuals who place a wager with the sports wagering operator or sports wagering vendor, and shall contain administrative, technical, and physical safeguards appropriate to the size, complexity, nature, and scope of the operations and the sensitivity of the personal information owned, licensed, maintained, handled, or otherwise in the possession of the sports wagering operator or sports wagering vendor. Additional ISMS specifications may be adopted by the Commission through the issuance of Commission Directives.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 8 Test Accounts

A sports wagering operator or sports wagering vendor may establish test accounts to be used to test the various components and operation of a sports wagering system pursuant to internal controls adopted by the sports wagering operator or sports wagering vendor, which, at a minimum, must address all of the following:

(a) The procedures for issuing funds used for testing, including the identification of who may issue the funds and the maximum amount of funds that may be issued;

(b) The procedures for assigning each test account for use by only one (1) individual. However, a sport wagering operator may establish a specific scenario or instance of a test account that may be shared by multiple users if each user's activities are separately logged;

(c) The maintenance of a record for all test accounts, to include when they are active, to whom they are issued, and the employer of the individual to whom they are issued;

(d) The procedures for auditing testing activity by the sports wagering operator or sports wagering vendor to ensure the accountability of funds used for testing and proper adjustments to online sports wagering revenue; and

(e) The procedures for authorizing and auditing out-of-state test activity.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.5.10052021 § 9 Incorporation by Reference

(a) The Commission hereby incorporates by reference the following gaming standards:

(i) The Gaming Laboratories International Standard Series, GLI-33: Standards for Event Wagering Systems, Version 1.1, and its appendices, May 14, 2019 Revision Date, which can be found electronically at http://gaming.wyo.gov;

(ii) The Gaming Laboratories International, Change Management Program Guide, Version 1.0, Published May 6, 2020, which can be found electronically at http://gaming.wyo.gov;

(b) For these standards incorporated by reference:

(i) The Commission has determined that incorporation of the full text in these standards would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsections (a)(i)-(ii) of this section; and

(iii) The incorporated standards are maintained at the Wyoming Gaming Commission's office, 951 Werner Court, Suite 335, Casper, Wyoming and are available for inspection and copying, at no cost to the public, at the same location.

History

Effective 2021-10-05

Chapter 6 Sports Wagering Accounts

Wyo. Code R. 038.0002.6.01242025 § 1 Sports Wagering Account Requirements

(a) A patron must have an established sports wagering account with the sports wagering operator or sports wagering vendor to participate in online sports wagering. An account shall only be established in the name of an individual eighteen (18) years of age or older and is non-transferable.

(b) A sports wagering operator or sports wagering vendor must collect the following personal identifying information (PII) from the individual for each patron:

(i) The patron's full legal name;

(ii) The patron's date of birth;

(iii) The patron's principal residential address. A post office box is not acceptable;

(iv) The patron's Social Security number, or the last four (4) digits of the Social Security number, or an equivalent identification number for a noncitizen patron, such as a passport or taxpayer identification number; and

(v) Any other information collected from the patron used to verify his or her identity and to prove the patron is at least eighteen (18) years of age.

(i) Be denied the ability to register for a sports wagering account if they submit a birth date which indicates that they are under the age of eighteen (18);

(ii) Be informed on the account application which information fields are "required," which are not, and what will be the consequences of not filling in the required fields;

(iii) Agree to the terms and conditions and privacy policies of the sports wagering operator or sports wagering vendor;

(iv) Acknowledge that they are prohibited from allowing any unauthorized person to access or use their sports wagering account;

(v) Consent to the monitoring and recording of the use of their sports wagering account by the sports wagering operator or sports wagering vendor and the Commission; and

(vi) Affirm that the PII the patron is providing to open the sports wagering account is accurate.

(d) Unless otherwise noted on the account application, the address provided on the application to establish the account is deemed the address of record for mailing checks, statements of account, account withdrawals, notices, or other correspondence. It is the responsibility of the patron to notify the sports wagering operator or sports wagering vendor of any address change.

(e) A sports wagering operator or sports wagering vendor must maintain an electronic patron file, which must, at a minimum, include the following for each patron, as applicable:

(i) Unique patron ID and username (if different);

(ii) The information indicated in subsection (b) to register a patron and create the account;

(iii) Encrypted PII, including the government identification number (full or partial social security number, taxpayer identification number, passport number, or equivalent), authentication credential (password, PIN, etc.), and personal financial information (debit instrument numbers, credit card numbers, bank account numbers, etc.);

(iv) The date and method of identity verification, including, where applicable, the document number of the government issued identification credential examined and its date of expiration, if applicable. If a government issued identification credential is not required for registration, the electronic record that details the process used to confirm the patron's identity must be recorded;

(v) The date of patron agreement to the terms and conditions and privacy policies;

(vi) Account details and current balance, including any incentive credits. All restricted wagering credits and unrestricted funds that have a possible expiration shall be maintained separately;

(vii) Previous sports wagering accounts, if any, and reason for de-activation;

(viii) The date and method from which the sports wagering account was registered;

(ix) The date and time a sports wagering account is accessed by any person, including IP Address; and

(x) The current status of the sports wagering account (e.g., active, dormant, closed, suspended, excluded, etc.).

(f) A sports wagering operator or sports wagering vendor shall allow the patron to update authentication credentials, registration information and the account used for financial transactions. A multi-factor authentication process shall be employed for these purposes.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 2 Age and Identity Verification

(a) Only an individual who is eighteen (18) years of age or older and not a prohibited person may create a sports wagering account, deposit funds, or participate in online sports wagering. The sports wagering operator or sports wagering vendor must deny the ability to create a sports wagering account, deposit funds, or participate in online sports wagering to any individual who is under eighteen (18) years of age or is a prohibited person. This section shall not be construed to prevent a restricted patron from creating a sports wagering account and depositing funds to such an account even if they are prohibited from placing certain wagers.

(b) The sports wagering operator or sports wagering vendor shall employ electronic verification with respect to each patron's name, date of birth and Social Security number, or the last four (4) digits of the Social Security number, or an equivalent identification number for a noncitizen patron, such as a passport or taxpayer identification number, at the time of account establishment by a Commission-approved national independent reference company or another independent technology approved by the Commission which meets or exceeds the reliability, security, accuracy, privacy and timeliness provided by individual reference service companies.

(c) The sports wagering operator or sports wagering vendor shall refuse to establish an account if it is found that any of the information supplied is untrue or incomplete.

(d) A sports wagering operator or sports wagering vendor must use commercially available and demonstrable standards to confirm that an individual attempting to create a sports wagering account is not a prohibited person.

(e) A sports wagering operator or sports wagering vendor must periodically re-verify a patron's identification upon reasonable suspicion that the patron's identification has been compromised.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 3 Terms and Conditions and Privacy Policies for Sports Wagering Accounts

(a) All terms and conditions and privacy policies for sports wagering accounts must be included in the internal controls of the sports wagering operator or sports wagering vendor and shall be readily accessible to the patron before and after registration and noticed when materially updated (i.e. beyond any grammatical or other minor changes).

(b) All terms and conditions for sports wagering accounts must address all aspects of the online sports wagering operation, including, but not limited to all of the following:

(i) A statement that only individuals over the age of eighteen (18) and located in the authorized geographic boundaries within the state of Wyoming can participate in online sports wagering;

(ii) Advice to the patron to keep their authentication credentials (e.g., password and username) secure;

(iii) All processes for dealing with lost authentication credentials, forced password changes, password strength and other related items as required by the Commission;

(iv) Full explanation of all rules applicable to dormant sports wagering accounts, including the conditions under which an account is declared dormant and what actions will be undertaken on the account once this declaration is made;

(v) Actions that will be taken on the patron's pending wagers placed prior to any exclusion or suspension, including the return of all wagers, or settling all wagers, as appropriate;

(vi) Information about timeframes and limits regarding deposits to and/or withdrawals from the sports wagering account, including a clear and concise explanation of all fees, if applicable; and

(vii) Statements indicating that the sports wagering operator or sports wagering vendor has the right to:

(A) Refuse to establish a sports wagering account for what it deems good and sufficient reason;

(B) Refuse deposits to and/or withdrawals from sports wagering accounts for what it deems good and sufficient reason; and

(C) Unless there is a pending investigation or patron dispute, suspend or close any sports wagering account at any time pursuant to the terms and conditions between the sports wagering operator and the patron.

(c) All privacy policies for sports wagering accounts must address all aspects of the personal identifying information (PII) protection, including, but not limited to all of the following:

(i) The personal identifying information (PII) required to be collected;

(ii) The purpose and legal basis for PII collection;

(iii) The period in which the PII is stored, or, if no period can be possibly set, the criteria used to set this;

(iv) The conditions under which PII may be disclosed;

(v) An affirmation that measures are in place to prevent the unauthorized or unnecessary disclosure of the PII; and

(vi) Any other privacy requirements specified by the Commission.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 4 Patron Protection Information

A sports wagering operator or sports wagering vendor must provide a Commission-approved patron protection information page that must be readily accessible to each patron. The patron protection page must contain, at a minimum, all of the following:

(a) Information about potential risks associated with excessive wagering, and a direct link to the National Council on Problem Gambling as well as links to local assistance;

(b) Notification that underage gambling is a criminal offense and that anyone who facilitates an individual under the age of eighteen (18) to place an online sports wager has committed a criminal offense and must be prohibited from online sports wagering;

(c) A list of the available patron protection measures that can be invoked by the patron, such as self-imposed limits, and information on how to invoke those measures;

(d) Mechanisms in place for patrons to detect unauthorized use of their sports wagering account, such as the patron reviewing financial statements against known deposits;

(e) Method for filing a complaint with the sports wagering operator or sports wagering vendor; and

(f) Method for filing with the Commission an unresolved complaint after all reasonable means to resolve the complaint with the sports wagering operator or sports wagering vendor have been exhausted utilizing forms and in the manner prescribed by the Commission.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 5 Patron Access

(a) The sports wagering system shall utilize authentication credentials, such as a username (or similar) and a password or a secure alternative means to assure that only the patron has access to the sports wagering account. The sports wagering system shall also utilize multi-factor authentication or a similar authentication method for each new device. Allowable authentication credentials are subject to the discretion of the Commission as necessary. The requirement does not prohibit the option for more than one method of authentication being available for a patron to access their account. After a successful login with multi-factor authentication or a similar authentication method for a specific device, the patron is not required to utilize multi-factor authentication or a similar authentication method to access their account from that device for a period of fourteen (14) days.

(b) If the system does not recognize the authentication credentials when entered, an explanatory message shall be displayed to the patron which prompts the patron to try again. The error message shall be the same regardless of which authentication credential is incorrect.

(c) Where a patron has forgotten their authentication credentials, a multi-factor authentication process shall be employed for the retrieval or reset of their forgotten authentication credentials.

(d) Current account balance information, including any restricted wagering credits and unrestricted funds, and transaction options shall be available to the patron once authenticated. All restricted wagering credits and unrestricted funds that have a possible expiration shall be indicated separately.

(e) The system shall support a mechanism that allows for an account to be locked in the event that suspicious activity is detected, such as three consecutive failed access attempts in a 30-minute period. A multi-factor authentication process shall be employed for the account to be unlocked.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 6 Financial Transactions

The sports wagering system shall provide confirmation/denial of every financial transaction initiated, including:

(a) The type of transaction (deposit/withdrawal);

(b) The transaction value; and

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 7 Deposits to a Sports Wagering Account

(a) A patron's sports wagering account may be funded using approved methods which shall produce a sufficient audit trail for verification of the source of the wagers.

(b) Approved methods for funding sports wagering accounts include:

(i) Travelers checks;

(ii) Foreign currency and coin;

(iii) Certified checks, cashier's checks and money orders;

(iv) Personal checks and drafts;

(v) Digital, crypto and virtual currencies;

(vi) Online and mobile payment systems that support electronic fund transfers (EFTs);

(vii) Credit cards and debit cards;

(viii) Prepaid access instruments;

(ix) Bonus or promotional credit;

(x) Winnings;

(xi) Adjustments made by the sports wagering operator or sports wagering vendor with documented notification to the patron; and

(xii) Any other means approved by the Commission including those which are initiated with cash.

(c) The sports wagering account shall be credited for any deposit in accordance with the internal controls as submitted by the sports wagering operator or sports wagering vendor and approved by the Commission.

(d) For credit cards or debit cards and EFTs, the patron may be liable for any charges imposed by the transmitting or receiving sports wagering operator or sports wagering vendor and the charges may be deducted from the patron's account.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 8 Failed EFT Transactions

Where financial transactions are conducted through EFT, the sports wagering operator shall have security measures and controls to prevent EFT fraud. A failed EFT attempt is not considered fraudulent if the patron has successfully performed an EFT on a previous occasion with no outstanding chargebacks. Otherwise, the sports wagering operator or sports wagering vendor shall do all of the following:

(a) Temporarily block the patron's sports wagering account for investigation of fraud after 5 consecutive failed EFT attempts within a 10-minute period. If there is no evidence of fraud, the block may be vacated; and

(b) Suspend the patron's sports wagering account after five (5) additional consecutive failed EFT attempts within a 10-minute period.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 9 Withdrawals from a Sports Wagering Account

(a) A patron must be allowed to withdraw the funds maintained in his or her sports wagering account, whether the account is open or closed, except as otherwise provided in these rules, or any other applicable state or federal laws.

(b) A sports wagering system must employ a mechanism that can detect and prevent any withdrawal activity initiated by a patron that would result in a negative balance of the sports wagering account.

(c) A sports wagering operator or sports wagering vendor shall not allow a sports wagering account to be overdrawn unless caused by payment processing issues outside the control of the sports wagering operator.

(d) A sports wagering operator or sports wagering vendor must honor the patron's request to withdraw funds within five (5) business days after the request, unless the conditions set forth in subsection (e) are met.

(e) The sports wagering operator or sports wagering vendor may decline to honor a patron's request to withdraw funds only if the sports wagering operator or sports wagering vendor believes in good faith that the patron engaged in either fraudulent conduct or other conduct that would put the sports wagering operator or sports wagering vendor in violation of the statutes and these rules. In such cases, the sports wagering operator or sports wagering vendor must do all of the following:

(i) Provide notice to the patron of the nature of the investigation of the sports wagering account; and

(ii) Conduct its investigation in a reasonable and expedient fashion, providing the patron additional written notice of the status of the investigation every tenth (10th) business day starting from the day the original notice was provided to the patron.

(f) For purposes of this rule, a request for withdrawal is considered honored if it is processed by the sports wagering operator or sports wagering vendor notwithstanding a delay by a payment processor, credit card issuer, or the custodian of a financial account.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 10 Sports Wagering Account Review Requirements

All adjustments to sports wagering accounts for amounts of five hundred dollars ($500.00) or less must be periodically reviewed by supervisory personnel as set forth in the sports wagering operator's or sports wagering vendor's internal controls. All other adjustments must be authorized by supervisory personnel before being entered.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 11 Sports Wagering Account Information

Upon request of the patron, the sports wagering operator or sports wagering vendor shall provide a statement detailing account activity for the past year. Unless the sports wagering operator or sports wagering vendor receives written notice disputing the statement within fourteen (14) calendar days of the date the statement is forwarded, it shall be deemed to be correct.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 12 Responsible Gaming Limits

(a) A sports wagering operator or sports wagering vendor shall allow the account holder to set the following responsible gaming limits set forth below. Any decrease to these limits shall be effective immediately or at the point in time (e.g., next login, next day) that was clearly indicated to the player. Any increase to these limits shall become effective only after the time period of the previous limit (e.g., day, week, month, etc.) has expired and the player reaffirms the requested increase.

(b) A deposit limit, which shall be offered on a daily, weekly and monthly basis and shall specify the maximum amount of money a patron may deposit into his or her sports wagering account during a particular period of time.

(c) A wager limit, which shall be offered on a daily, weekly and monthly basis and shall specify the maximum amount of patron funds that may be put at risk during a particular period of time.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 13 Suspension and Restoration of Sports Wagering Accounts

(a) A sports wagering system must employ a mechanism that places a sports wagering account in a suspended mode.

(b) The suspended mode shall be activated under the following conditions:

(i) When requested by the patron for a specified period of time, which must not be less than seventy-two (72) hours;

(ii) When required by the Commission;

(iii) Upon a determination that a patron is a prohibited person; or

(iv) When initiated by a sports wagering operator or sports wagering vendor that has evidence that indicates any of the following:

(A) Illegal activity;

(B) A negative sports wagering account balance; or

(C) A violation of the sports wagering account terms and conditions has taken place on a patron's sports wagering account.

(i) Prevent the patron from making online sports wagers;

(ii) Prevent the patron from depositing funds unless the account is suspended due to having a negative sports wagering account balance but only to the extent the sports wagering account balance is brought back to zero dollars;

(iii) Prevent the patron from withdrawing funds from his or her sports wagering account, provided that the sports wagering operator or sports wagering vendor acknowledges that the funds have cleared, and that the reason(s) for exclusion would not prohibit a withdraw;

(iv) Prevent the patron from making changes to his or her sports wagering account;

(v) Prevent the removal of the sports wagering account from the sports wagering system; and

(vi) Prominently display to the patron that the sports wagering account is in a suspended mode, the restrictions placed on the sports wagering account, and any further course of action needed to remove the suspended mode.

(d) A suspended account may be restored for any of the following reasons:

(i) Upon expiration of the time period established by the patron;

(ii) If authorized by the Commission;

(iii) When the patron is no longer a prohibited person; or

(iv) When the sports wagering operator or sports wagering vendor has lifted the suspended status.

(e) Each sports wagering operator or sports wagering vendor shall, on a monthly basis, provide the Commission with a list of suspended accounts, including the reasons why the account is in suspended mode.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 14 Sports Wagering Account Closure

A sports wagering system must provide a conspicuous and readily accessible method for a patron to close his or her sports wagering account through the account management or similar page or through the sports wagering system customer support team. Any balance remaining in a patron's sports wagering account closed by a patron must be refunded pursuant to the sports wagering operator's or sports wagering vendor's internal controls.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 15 Sports Wagering Dormant Accounts

The sports wagering operator or sports wagering vendor may suspend or close an account. Any account with no activity for at least three (3) years may be closed. When an account is closed the sports wagering operator or sports wagering vendor shall issue any funds, less processing fees, within five (5) business days to the patron.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 16 Proceeds from a Deceased Patron

If a patron is deceased, the sports wagering operator or sports wagering vendor shall release the funds in the account to the decedent's legal representative upon receipt of a copy of a probate court authorization or other documents as required by applicable Wyoming or other state laws.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 17 Anti-Money Laundering (AML) Monitoring

The sports wagering operator or sports wagering vendor shall develop and implement AML procedures and policies that adequately address the risks posed by online sports wagering for the potential of money laundering and terrorist financing. Additional requirements for AML procedures and policies may be specified by the Commission through the issuance of Commission Directives.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 18 Sports Wagering Account Payment Processors

. Requirements for payment processors may be specified by the Commission through the issuance of Commission Directives.

History

Effective 2025-01-24

Wyo. Code R. 038.0002.6.01242025 § 19 Personal Identifying Information (PII) Security

(a) Any information obtained in respect to the sports wagering account, including PII and authentication credentials, shall be done in compliance with the privacy policies and local privacy regulations and standards observed by the Commission. Both PII and the patron funds shall be considered as critical assets for the purposes of risk assessment.

(b) No employee or agent of the sports wagering operator or sports wagering vendor shall divulge any PII related to a sports wagering account, the placing of any wager or any other sensitive information related to the operation of the sports wagering system without the consent of the patron, except as required by this section, the Commission, and as otherwise required by state or federal law. This includes, but is not limited to:

(i) The amount of money credited to, debited from, or present in any particular patron's sports wagering account;

(ii) The amount of money wagered by a particular patron on any event or series of events;

(iii) The unique patron ID or username and authentication credentials that identify the patron;

(iv) The identities of particular events on which the patron is wagering or has wagered; and

(v) Unless otherwise authorized by the patron, the name, address, and other information in possession of the sports wagering operator or sports wagering vendor that would identify the patron to anyone other than the Commission, sports wagering operator or sports wagering vendor.

(c) There shall be procedures in place for the security and sharing of PII, funds in a sports wagering account and other sensitive information as required by the Commission, including, but not limited to:

(i) The designation and identification of one or more employees having primary responsibility for the design, implementation, and ongoing evaluation of such procedures and practices;

(ii) The procedures to be used to determine the nature and scope of all information collected, the locations in which such information is stored, and the storage devices on which such information may be recorded for purposes of storage or transfer;

(iii) The measures to be utilized to protect information from unauthorized access; and

(iv) The procedures to be used if a breach of data security has occurred, including required notification to the Commission.

(d) Additional requirements for PII security may be specified by the Commission through the issuance of Commission Directives.

History

Effective 2025-01-24

Chapter 7 Audit and Internal Controls

Wyo. Code R. 038.0002.7.10052021 § 1 Internal Control Standards Purpose

The procedures of the internal control standards are designed to ensure all of the following:

(a) Assets are safeguarded;

(b) The financial records of the sports wagering operator and sports wagering vendor are accurate and reliable;

(c) The transactions of the sports wagering operator and sports wagering vendor are performed only in accordance with the statutes and these rules;

(d) The transactions are recorded adequately to permit the proper recording of the online sports wagering revenue, fees, and all applicable taxes and payments;

(e) Accountability of assets is maintained pursuant to generally accepted accounting principles;

(f) Only authorized personnel have access to assets;

(g) Account balances are complete and accurate, and appropriate action is taken with respect to discrepancies;

(h) Accounts and personal identifiable information are adequately protected;

(i) The functions, duties, and responsibilities are appropriately segregated and performed pursuant to sound practices by competent, qualified personnel and that no employee of the sports wagering operator, the sports wagering vendor, a vendor, or a third-party provider is in a position to perpetuate and conceal errors or irregularities in the normal course of the employee's duties; and

(j) Online sports wagering is conducted with integrity and in accordance with the statutes and these rules.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 2 Commission Approval of Internal Control Standards and Requirements

(a) Unless otherwise provided for by the Commission, before beginning online sports wagering operations, a sports wagering operator, a sports wagering vendor, or both, must submit its administrative and accounting procedures, in detail, in a written system of internal controls for Commission review and written approval. A written system of internal controls must include a detailed narrative description of the administrative and accounting procedures designed to satisfy the requirements of these rules.

(b) The written system of internal controls must address the following items, at a minimum:

(i) Automated and manual risk management procedures;

(ii) Employee management, including access controls and segregation of duties;

(iii) Information regarding identifying and reporting fraud and suspicious conduct;

(iv) Controls ensuring regulatory compliance;

(v) Description of Anti-Money Laundering (AML) compliance standards including procedures for detecting structuring to avoid reporting requirements;

(vi) Description of all software applications that comprise the sports wagering system;

(vii) Description of all types of wagers available to be offered by the sports wagering operator or sports wagering vendor;

(viii) Description of the method to prevent past-post wagers from being placed;

(ix) Description of all integrated third-party platforms; and

(x) Any other information which may be required by the regulatory body through the issuance of Commission Directives.

(c) To the extent a third-party is involved in or provides any of the internal controls required in these rules, the sports wagering operator's or sports wagering vendor's controls, or the controls of both of them must document the roles and responsibilities of the third-party and must include procedures to evaluate the adequacy of and monitor compliance with the third-party's internal control procedures.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 3 Amendments to Internal Controls

Unless otherwise provided by the Commission, all of the following provisions apply to amendments to the internal control procedures:

(a) Amendments to any portion of the internal control procedures must be submitted to the Commission for approval. If within thirty (30) days the Commission has not approved, denied, or otherwise provided written notice, a sports wagering operator or sports wagering vendor, or both, may implement the amended internal controls as submitted with the Commission retaining its authority to require further amendment, approval, or denial;

(b) The Commission may, in writing, approve, deny, or require a revision to the amendment to the internal control procedures. If the sports wagering operator or sports wagering vendor is notified of a required revision, the sports wagering operator or sports wagering vendor must work with the Commission to address the revision;

(c) If the Commission requests additional information, clarification, or revision of an amendment to an internal control and the sports wagering operator or sports wagering vendor, or both, fail to satisfy the request within thirty (30) days after the Commission request, the Commission shall consider the amendment denied and it cannot be implemented or, if previously implemented under subsection (a) of this section, the sports wagering operator or sports wagering vendor has fifteen (15) days to cease implementation of that amendment. If the sports wagering operator or sports wagering vendor subsequently wants to pursue the amendment, it must resubmit the request along with the additional information previously requested by the Commission.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 4 Emergency Procedures

(a) In the event of an emergency, the sports wagering operator or sports wagering vendor, or both, may temporarily amend an internal control procedure. The director or his or her designee must be notified that an emergency exists before temporarily amending an internal control procedure.

(b) A sports wagering operator or sports wagering vendor, or both, must submit the temporary emergency amendment of the internal control procedures to the director or his or her designee within twenty-four (24) hours of the amendment. The submission must include the detailed emergency procedures that will be implemented and the time period the emergency procedures will be temporarily in place. Any concerns the Commission has with the submission must be addressed with the sports wagering operator or sports wagering vendor, or both.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 5 Failure to Comply with Requirements

If the Commission determines that the administrative or accounting procedures or written internal control procedures of the sports wagering operator or sports wagering vendor, or both, do not comply with the requirements of these rules or requires improvement, the Commission shall notify the sports wagering operator or sports wagering vendor, or both, in writing. Within fifteen (15) days after receiving the notification, the sports wagering operator or sports wagering vendor must amend its procedures and written internal control procedures accordingly and must submit, for Commission approval, a copy of the written internal control procedures, as amended, and a description of any other remedial measure taken.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 6 Compliance with Internal Controls

(a) Sports wagering operators and sports wagering vendors must comply with all internal controls.

(b) If a sports wagering operator or sports wagering vendor fails to comply with any provision of its internal controls, the Commission may initiate a disciplinary action.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 7 Independent Audit of Internal Control Procedures

(a) Sports wagering operators shall have their internal control procedures independently audited at least once every two (2) years with the results documented in a written report. This includes internal control procedures conducted by a sports wagering vendor on behalf of the sports wagering operator. Reports shall be maintained and available to the Commission.

(b) Such independent audits may be conducted by the Commission, or a Commission approved third-party auditor. The Commission may, in its discretion, allow for an internal audit department within the sports wagering operator or parent company of the sports wagering operator, which is independent of the sports wagering operation, to serve as a third-party auditor for use in completing this audit.

(c) The Commission, or third-party auditor shall be responsible for auditing the sports wagering operator's compliance with the statute and these rules, including those standards adopted in appendix A of GLI-33, the internal control system, and any other applicable rules and regulations.

(d) Documentation, including checklist, programs, reports, corrective actions, and other items, shall be prepared to evidence all independent audit work performed as it relates to the requirements of this section, including all instances of noncompliance.

(e) Independent audit reports shall include objectives, procedures and scope, findings and conclusions, and recommendations.

(f) Independent audit findings shall be reported to management. Management shall be required to respond to the independent audit findings and the stated corrective measures to be taken to avoid recurrence of the audit exception. Such management responses shall be included in the final independent audit report.

(g) Follow-up observation and examinations shall be performed to verify that corrective action has been taken regarding all instances of noncompliance cited by the independent audits, or by the Commission. The verification shall be performed within six (6) months following the date of notification.

(h) Where approved by the Commission, it is acceptable to leverage the results of prior audits conducted within the audit period by the same third-party auditor in another sports wagering jurisdiction. Such leveraging shall be noted in the audit report. This leveraging does not include any internal control procedures unique to the state, which will require new audits.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 8 Accounting Records

(a) Sports wagering operators and sports wagering vendors must maintain complete, accurate, and legible records of all transactions related to their online sports wagering operations, including transactions pertaining to revenues, expenses, assets, liabilities, and equity in conformance with generally accepted accounting principles.

(b) The Commission may direct sports wagering operators and sports wagering vendors to alter the manner in which the records are maintained if a sports wagering operator's or sports wagering vendor's records are not in accordance with generally accepted accounting principles or if the records are not in sufficient detail.

(c) The accounting records must be maintained using a double entry system of accounting with transactions recorded on the accrual basis and supported by detailed subsidiary records.

(d) The detailed subsidiary records must include, at a minimum, all of the following:

(i) Detailed general ledger accounts identifying all revenue, expenses, assets, liabilities, and equity;

(ii) A record of all investments, advances, loans, and accounts receivable balances due the establishment;

(iii) A record of all loans and other accounts payable;

(iv) A record of all accounts receivable written off as uncollectible;

(v) Journal entries prepared;

(vi) Tax work papers used in preparation of any state or federal tax return if applicable;

(vii) Records supporting the accumulation of the costs for complimentary services and items. A complimentary service or item provided to individuals in the normal course of a sports wagering business must be recorded in an amount based upon the full retail price normally charged for the service or item or as is otherwise consistent with generally accepted accounting principles;

(viii) Records required by the internal control system; and

(ix) Other records that the Commission requires to be maintained.

(e) The sports wagering operator and sports wagering vendor must maintain all records supporting the online sports wagering revenue.

(f) If a sports wagering operator or sports wagering vendor, or both, fails to maintain the records used by it to calculate the online sports wagering revenue, the Commission may compute and determine the amount upon the basis of an audit conducted by the Commission using available information.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 9 Financial Audits

(a) Upon application for a permit, and annually thereafter, each sports wagering operator shall submit to the Commission, within ninety (90) days of the operator's fiscal year end, its most recent financial audit.

(b) The financial audit must be performed by an independent certified public accountant currently authorized to practice in Wyoming and presented in accordance with generally accepted accounting principles and contain the opinion of the independent certified public accountant as to its fair preparation and presentation in accordance with generally accepted accounting principles.

(c) The Commission shall determine the date of filing and the number of copies of audits or reports required under this rule. The audits or reports must be received by the Commission or postmarked no later than the required filing date.

(d) The reporting year-end of the sports wagering operator is December 31 unless otherwise approved by the Commission.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 10 Commission Access to System Data

. Sports wagering operators and sports wagering vendors must detail the controls that are in place to assure that all data the Commission requires to be maintained under the statutes or these rules is appropriately segregated and controlled to prevent unauthorized access. Sports wagering operators and sports wagering vendors must provide the Commission with access to all such data, upon request, within a time provided for by the Commission. A sports wagering operator or sports wagering vendor must retain such data for a minimum of five (5) years.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 11 Records Retention

(a) Each sports wagering operator or sports wagering vendor must maintain, in a place secure from theft, loss, or destruction, adequate records of its business and accounting operations.

(b) A sports wagering operator or sports wagering vendor must make the records available to the Commission, upon request, within a time provided for by the Commission. A sports wagering operator or sports wagering vendor must hold the records for not less than five (5) years. The records must include, but not be limited to, all of the following:

(i) All correspondence with, or reports to, the Commission or any local, state, or federal governmental agency; and

(ii) All correspondence concerning the business of a sports wagering operator or sports wagering vendor.

(c) A sports wagering operator or sports wagering vendor must keep and maintain, in a manner and form required by the Commission, accurate, complete, and legible records of any books, records, or documents pertaining to, prepared in, or generated by, the sports wagering operator or sports wagering vendor, including but not limited to, all of the following:

(i) Forms;

(ii) Reports;

(iii) Accounting records;

(iv) Ledgers;

(v) Subsidiary records;

(vi) Internal audit records;

(vii) Correspondence; and

(viii) Personnel records.

(d) A sports wagering operator or sports wagering vendor must organize and index all required records in a manner that enables the Commission to locate, inspect, review, and analyze the records with reasonable ease and efficiency.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.7.10052021 § 12 Reports of Online Sports Wagering Operations

The sports wagering operator or sports wagering vendor must be able to prepare reports supporting online sports wagering revenue, wagering liability, winnings, and any other reports considered necessary by the Commission or as required by the internal controls. The reporting must be done on a form and in the manner prescribed by the Commission. Additional reporting requirements may be specified by the Commission through the issuance of Commission Directives. Any information provided under this section is confidential and proprietary and is exempt from disclosure.

History

Effective 2021-10-05

Chapter 8 Responsible Gaming and Advertising

Wyo. Code R. 038.0002.8.07162025 § 1 Responsible Gaming Plan

Applicants for a sports wagering operator permit shall submit a Responsible Gaming Plan to the Commission at the time of first application, within ten (10) business days of any changes to the plan, and at permit renewal. The plan must be approved by the Commission prior to commencing operations in Wyoming. The plan shall include, at a minimum, the following:

(a) The goals of the plan, procedures and deadlines for implementation of the plan;

(b) The identification of the individual(s) who will be responsible for the implementation and maintenance of the plan;

(c) The applicant's plan for creating and disseminating promotional material to educate patrons about compulsive and problem gambling and to inform them about treatment services available to compulsive and problem gamblers and their families. The applicant shall provide examples of the materials to be used as part of its plan and a description of how the material will be disseminated;

(d) Details of the applicant's plan for responsible gaming training for its employees;

(e) The duties and responsibilities of the key employees and gaming employees designated to implement or participate in the plan;

(f) Procedures to prevent underage gambling; and

(g) Other policies and procedures as determined by the Commission to prevent problem gambling and encourage responsible gambling.

History

Effective 2025-07-16

Wyo. Code R. 038.0002.8.07162025 § 2 Self-Exclusion Program

(a) The Self-Exclusion Program is established for the purpose of allowing persons who wish to refrain from sports wagering and other types of gambling offered by the Commission, to notify the Commission that they will accept responsibility for refraining from engaging in sports wagering and other gambling activities offered by the Commission and its Permittees. Each person seeking placement in the Self-Exclusion Program acknowledges that it is his or her responsibility to refrain from engaging in sports wagering and other gambling activities under the jurisdiction of the Commission.

(b) An individual may request to have their name placed on the Self-Exclusion List by completing the application.

(c) Upon the filing of an application for placement in the Self-Exclusion Program, the Commission may file a Notice of Placement in the Self-Exclusion Program and such application and notice may be disclosed to sports wagering permittees and their agents and employees, as approved by the Commission.

History

Effective 2025-07-16

Wyo. Code R. 038.0002.8.07162025 § 3 Involuntary Exclusion List

The Commission shall maintain an Involuntary Exclusion List that consists of the names of people who the director determines meet anyone of the following criteria:

(a) Any person whose participation would be detrimental to sports wagering in the State of Wyoming, including the following:

(i) Any person who harasses any athlete;

(ii) Any person who cheats;

(iii) Any person who poses a threat to the safety of the patrons or employees;

(iv) Persons who pose a threat to themselves;

(v) Persons with a documented history of conduct involving the disruption of a facility or website conducting sports wagering activities;

(vi) Persons included on another jurisdiction's exclusion list;

(vii) Persons subject to a Court order excluding those persons from a facility or website conducting sports wagering activities;

(viii) Any felon or person who has been convicted of any crime or offense involving gambling and whose participation in sports wagering activities under the jurisdiction of the Commission would be harmful to or negatively affect the reputation of the State of Wyoming; or

(ix) Any person who enhances a risk of unfair or illegal practices in the conduct of activities under the jurisdiction of the Commission.

(b) The director's determination of the basis for placing a person on the involuntary exclusion list may be based upon any of the following:

(i) The nature and notoriety of the person to be excluded from all wagering and gaming activities under the jurisdiction of the Commission;

(ii) The history and nature of the involvement of the person's wagering, gaming, or gambling activity in Wyoming or any other jurisdiction;

(iii) The nature and frequency of any contacts or associations of the person with any permittee; or

(iv) Any other factor reasonably related to the maintenance of public confidence in the regulatory process or the integrity of sports wagering in the State of Wyoming.

(i) The full name and all known aliases and the date of birth;

(ii) A physical description or photograph, if available;

(iii) The date the person's name was placed on the Involuntary Exclusion List;

(iv) Social Security Number, if available;

(v) The person's occupation and current home and business addresses; and

(vi) Any other relevant information as deemed necessary by the Commission.

(d) The Commission shall distribute the Involuntary Exclusion List to permittees involved in the operation of wagering, gaming or gambling under the jurisdiction of the Commission.

(e) The Commission shall attempt to provide notice to any person who is placed on the Involuntary Exclusion List.

(f) Each excluded person who has been listed on the Involuntary Exclusion List and wishes to contest being placed on the Involuntary Exclusion List may request an administrative hearing.

History

Effective 2025-07-16

Wyo. Code R. 038.0002.8.07162025 § 4 Sports Wagering Operator or Sports Wagering Vendor Responsibilities

(a) The sports wagering operator or sports wagering vendor shall receive the Self-Exclusion List and Involuntary Exclusion List from the Commission.

(b) The Self-Exclusion List and Involuntary Exclusion List may only be accessed by individuals authorized in accordance with the internal controls.

(c) Except as authorized or required by these rules, the Self-Exclusion List and Involuntary Exclusion List shall be kept confidential and the sports wagering operator or sports wagering vendor shall not disclose the names included on these lists.

(d) The Self-Exclusion List and Involuntary Exclusion List shall not be publicly disclosed by the sports wagering operator, sports wagering vendor, employee, affiliate or other person authorized to access the lists. However, the sports wagering operator or sports wagering vendor may share the lists with other designated permittees in the State of Wyoming or its affiliates in other jurisdictions for the purpose of assisting in the proper administration of responsible play programs.

(e) The sports wagering operator or sports wagering vendor shall establish procedures to add the names from the Self-Exclusion List and Involuntary Exclusion List into their internal list to exclude from sports wagering. If the sports wagering operator or sports wagering vendor utilizes an internal management system to track individuals on the Self-Exclusion List and Involuntary Exclusion List, they shall update that system at least every seventy-two (72) hours with names of individuals being added or removed from the Self-Exclusion List and Involuntary Exclusion List.

(f) The sports wagering operator or sports wagering vendor shall establish procedures that are designed, to the greatest extent practicable, to:

(i) Prevent an individual on the Self-Exclusion List or Involuntary Exclusion List from opening a new sports wagering account;

(ii) Identify and suspend any sports wagering accounts of an individual on the Self-Exclusion List or Involuntary Exclusion List;

(iii) Promptly notify the Commission, or its designee, if an individual on the Self-Exclusion List or Involuntary Exclusion List attempts to place or is discovered to have placed or attempted to place a wager;

(iv) In cooperation with the Commission, and where reasonably possible, determine the amount wagered and lost by an individual identified to be on the Self-Exclusion List or Involuntary Exclusion List. The monetary value of the losses shall be paid to the Commission within forty-five (45) days;

(v) Deny an individual identified to be on the Self-Exclusion List or Involuntary Exclusion List from any winnings derived from wagering while on the Self-Exclusion List or Involuntary Exclusion List. The monetary value of the withheld winnings shall be paid to the Commission within forty-five (45) days;

(vi) Refund any remaining balance to an individual on the Self-Exclusion List or Involuntary Exclusion List provided that the sports wagering operator or sports wagering vendor acknowledges that the funds have cleared; and

(vii) Ensure that individuals on the Self-Exclusion List or Involuntary Exclusion List do not receive, either from the sports wagering operator, sports wagering vendor or any agent thereof, targeted mailings, telemarketing promotions, player club materials, or other targeted promotional materials relating to sports wagering.

History

Effective 2025-07-16

Wyo. Code R. 038.0002.8.07162025 § 5 Advertising

The Commission shall prohibit sports wagering advertising that it determines to be deceptive to the public. The Commission shall also require that every form of advertising contain a statement that minors are not allowed to open or have access to sports wagering accounts as well as information about available programs to prevent, treat, or monitor compulsive or problem gambling, and procedures for self-exclusion.

History

Effective 2025-07-16

Chapter 9 Disciplinary Actions and Hearings

Wyo. Code R. 038.0002.9.10052021 § 1 Grounds for Disciplinary Actions. The

Commission may suspend or revoke, any permit issued by it or the director for any violations by the person holding the permit, or such permittee's employees or agents, of any of the provisions of the statutes, or any of the rules promulgated thereunder. Acceptance or renewal of a sports wagering permit by a permittee constitutes an agreement on the part of the permittee to be bound by all the Commission rules. It is the responsibility of the permittee to remain self-informed of the content of all such rules, and ignorance thereof will not excuse violations.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 2 Initiation of Disciplinary Proceedings, Denial of Permit Application, and Contested Case Proceedings

(a) Upon its own motion, upon motion of the director, or upon written complaint signed and sworn to by the complainant, the Commission may determine to initiate disciplinary proceedings against any person that has been issued a permit by the Commission to suspend or revoke the permit.

(b) The Commission may initiate disciplinary proceedings against a permittee where it determines that there is probable cause to believe: that the permittee, the permittee's employees, or their agents have violated any of the provisions of the sports wagering statutes or rules; or that violations by the permittee, the permittee's employees, or agents, of laws other than the sports wagering laws make the permittee no longer suitable for permitting by the Commission or director.

(c) Disciplinary proceedings shall be initiated by the Commission, or the director, sending to the permittee by first class mail at the last known mailing address of the permittee, a list of the grounds for the proposed disciplinary action and a notice containing at least the time and place for any hearing before the Commission concerning the proposed disciplinary action. Said list and notice shall be mailed to the permittee at least thirty (30) days prior to the hearing.

(d) A denial of an application, or a revocation or suspension of a permit, under W.S. § 9-24-101 through -106 shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act, and the Office of Administrative Hearings' Uniform Rules for Contested Case Practice and Procedure, which are incorporated by reference in these rules.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 3 Citizen Complaints Authorized — Procedure Following Filing

Any person claiming that a permittee has engaged or is engaging in conduct constituting grounds for disciplinary action may file with the director a sworn written complaint stating the name and address of the permittee complained against. The complaint must fully detail the conduct alleged to violate a specified sports wagering statute, rule, or other legal requirement, upon which the complaint is made. If the director determines the complaint has merit, the director must immediately serve by first class mail on the permittee complained against and any other affected parties a copy of the complaint. The permittee complained against has twenty (20) days to answer after service of the complaint on the permittee, which answer shall be filed with the director, on behalf of the Commission. The director may reject a complaint if it does not meet the requirements of this section. If the permittee answers the complaint, the permittee must serve an original and one (1) copy.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 4 Dismissal of Citizen Complaint

After receipt of the answer to the complaint, after the time has expired to answer, or after having determined that no answer is necessary, the director must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit or is frivolous or whether it charges conduct constituting grounds for disciplinary action. If the director determines that the complaint is without merit or is frivolous or that it does not charge conduct constituting grounds for disciplinary action, the director must dismiss the complaint and notify in writing the complainant, the permittee complained against, and other affected parties, stating the reasons for dismissal. The director may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 5 Informal Consultation

If the director considers the citizen complaint, or any other allegations, to be grounds for disciplinary action, the director may consult with the permittee and the parties affected in an effort to resolve the matter satisfactorily without a formal hearing. The director must notify in writing the complainant, the permittee complained against, and affected parties of the results of the informal consultation. The informal consultation does not prevent the Commission from conducting a formal hearing.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 6 Assurance of Voluntary Compliance

The director may accept an assurance of voluntary compliance regarding any act or practice alleged to violate article the statutes or these rules, from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. An assurance of voluntary compliance may not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of the Statutes or these rules. The Commission may approve or review an assurance of voluntary compliance.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 7 Decision to Initiate Disciplinary Action

At any time during the review and investigation of a citizen complaint, the director or the Commission may decide to initiate formal disciplinary proceedings where grounds exist to sustain their initiation.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 8 Criminal Convictions as Grounds for Revocation or Suspension

The Commission may revoke or suspend the sports wagering permit of any person who is convicted of a crime, even though the convicted person's post-conviction rights and remedies have not been exhausted, if the crime or conviction involves a felony, gambling, or sports wagering or if it discredits or tends to discredit the State of Wyoming, sports wagering or gaming industry.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 9 Facts of Criminal Charge

The charge in any jurisdiction of a permittee with a felony or with a misdemeanor involving moral turpitude is grounds for disciplinary action. The Commission may find the permittee committed a violation based on the facts of the criminal charge even though the permittee has been acquitted on the criminal charge.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 10 Final Action by Commission

After hearing the evidence and reaching a decision in connection with any disciplinary proceeding, the Commission may find the permittee did not commit a violation as alleged for disciplinary action; in which event the disciplinary proceedings shall be terminated. The Commission may, however, find the permittee committed, by clear and convincing evidence, some or all of the grounds alleged for disciplinary action; in which event the Commission may revoke the permit, may suspend the permit for a particular period of time, or may take any combination of these actions. This section does not prevent the Commission from compromising or settling at any time prior to a formal hearing, and the Commission may also allow an assurance of voluntary compliance. Written findings of fact, conclusions of law, and an order must be entered before any decision of the Commission to suspend or revoke a permit shall be considered final. The Commission may allow or require briefs of law before making any decision.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 11 Summary Suspension

Where the Commission has reasonable grounds to believe and finds that any person holding a permit has committed a deliberate or willful violation of any of the provisions of the statutes or rules, or that the permittee has been charged with a felony in Wyoming or in another state, or that due to other violations of law by the permittee, the public health, safety, or welfare imperatively requires emergency action, and where the Commission incorporates such findings in its order, the Commission may summarily suspend the permittee's permit pending disciplinary proceedings for suspension or revocation. Any such disciplinary proceedings shall be promptly instituted and determined.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 12 Notice of Summary Suspension

The director or his designee must have delivered a notice of summary suspension personally or by mail to the permittee who has been suspended. The notice must state when the suspension will begin and end, and must state the reasons for the suspension.

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 13 Conditions Imposed by Commission for Reissuance of Permit

The Commission or director may require a person who formerly held a permit to meet certain conditions before reissuing a permit to that person, including but not limited to the following:

(a) Restitution of money;

(b) Restitution of property; and

History

Effective 2021-10-05

Wyo. Code R. 038.0002.9.10052021 § 14 Incorporation by Reference

(a) The Commission hereby incorporates by reference the following uniform rules:

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found electronically at http://gaming.wyo.gov. The uniform rules for contested case practice and procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

(b) For these rules incorporated by reference:

(i) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a)(i) of this section; and

(iii) The incorporated rules are maintained at the Wyoming Gaming Commission's office, 951 Werner Court, Suite 335, Casper, Wyoming and are available for public inspection and copying, at no cost to the public, at the same location.

History

Effective 2021-10-05

336 Pari-Mutuel

Chapter 0 Index

Wyo. Code R. 038.0001.0.06101994 Index

INDEX

Absolute insurer 2-4, 7-14, 8-2

Abusive language 5-12

Accounting Wagering 9-9

Admission charges 6-4

Admission passes 6-5

Advance Performance Wagering 9-3

Age 1-1

Alcohol and Drug Testing 8-26

Allowances are optional 8-15

Also eligible 8-5, 8- 12

Ambulance 6-2

Annual fees 7-1

Appeals to the Commission 3-1

Application for permits 6-2

Apprentice certificates 7-9

Arrears 1- 1

Assistant starter 5-11

Assistant trainers equally responsible 7-14

Authorized Agent 1-1, 7-3

Bar plate shoes 8-17

Betting Age 1-3

Betting Explanation 9-4

Blinkers 8-17

Bookmaker 1-1

Bookmaking 2-2

Breakage 1-1

Breathalyzer test 8-26

Bred 1-1

Breed Award 1-1

Breeder 1-1

Bribe 2-2

Bute 8-2

Calculation of Payoffs 9-13

Calendar Day 1-1

Cancelled Contests 9-4

Careless riding 8-20

Certificate of registration 8-5

Change of equip ment 8-17

Charitable organization 7-1

Claim certificate 8-28

Claimed horse sent to test barn 8-25

Claiming 8-28

Claiming Race Optional Claiming Race 1-4

Claims for Payment from Pari-Mutuel Pool 9-3

Clerk of Scales 5-2

Closing of Wagering 9-7

Commission 1-1

Commission Hearing Rules 3-3

Commission Veterinarian 5-15

Complaints 3-11, 9-8

Conduct detrimental to racing 2-2

Conviction of a felony 7-2

Corporate name 7-13

Corrupt practice 2-2

Coupled Entries and Mutuel Fields 9-6

Cutter and Chariot Racing 11-1

Dead Heats 8-24

Declaration 1-1

Declaration irrevocable 8-13

Declarations and Scratches 8-13

Deny or revoke 2-5

Display of Betting Information 9-4

Disqualification 5-13

Distance poles/markers 6-1

Double entries 8-7

Double Pools 9-24

Drug 1-2

Electric timing device 5-15

Electrical device electrical or mechanical device 2-3, 2-4

Employer responsibility 7- 2

Employment of a non-licensed individual 7-2

Engagement Engagement Book 1-2

Engagement slips 7-6

Engagements and Transfer 8-10

Engaging in bookmaking 7-2

Entering a horse 8-5

Entrance money 8-7, 8-22

Entries 8-4

Entries closed advertised time 8-4

Entry Coupled Entry 1-2

Equipment 1-2

Event 1-2

Exacta Pools 9-36

Exotic Wagering 1-2

Failure of gates 5-12

False start 5-12

Falsifying 7-3

Field 1-2

Film Patrol 6-1

Financial irresponsibility 7-3

Foreign sub- stance 8-1

Forfeit 1-2

Formal Steward's Hearing 3-3

Fraud or misrepresentation 7-2

Furosemide 8-2

Gratuity 2-2

Grounds 1-3

Handbook 1-3

Handicap 1-4

Handicapper 5-3

Health certificate 8-7

Heel nerve 8-8

Horse 1-3

Horse ambulance 6-2

Horse leaves the course 8-19

Horse leaves track after "Start" 8-20

Horse over twelve 8- 10

Horsemen's Bookkeeper 5-3

Horses ridden out 8-20

Hypodermic needles 2-3

Hypodermic syringes 2-3

Identifier 5-5

In Today Horse 1-3

In-today 8-6

Infectious disease 6-3

Informal Steward's Hearing 3-2

Interference 8-19

Interstate Common Pool Wagering 9-11

Jockey 1-3

Jockey Agents 7-7, 7-8

Jockey agents engagement books 7-8

Jockey agents not allowed in paddock 7-8

Jockey Apprentices 7-8

Jockey cannot purchase ticket 9-3

Jockey electrical device 7-7

Jockey may not possess or use any electrical or mechanical dev 7-7

Jockey must obtain a license 7-4

Jockey riding fees must be paid 7-6

Jockey Room Custodian 5-5

Jockey shall not make a bet 7-6

Jockey temporarily suspended 7-7

Jockey under suspension 7-6

Jockey's appearance 7-5

Jockey's engagements 7-5

Jockey's fee 7-6

Jockey's physical examination 7-6

Jockeys 7-4

Jockeys named not later than scratch time 8-13

Journeyman Jockey 1-3

Language obscene, profane or indecent language 2-2

Lasix 8-2

Leases 7-10

Lessee and lessor shall hold owners license 7-10

Lessor information 7-10

Licensee badge 6-4

Licensing Generally 7-1

Maiden 1-3

Maiden over five 8-10

Match 1-5

Maximum number of races 8-1

Medication guidelines 5-17

Medication Procedures 8-1

Meeting 1-3

Minor 1-3

Month 1-3

Mutuel Department 1-3

Mutuel Field 1-3

Mutuel Manager 5-6

Naming of Jockeys 8-13

Nominator 1-4

Off-Time 1-4

Officials 5-1

Outrider 5-7

Overnight list 5-10

Overnight Race 1-5

Overweight 5-2, 5-3

Overweight in excess of two pounds 8-17

Owner 1-4, 7-9

Owner changes trainers 7-10

Owner corporation 7-9

Paddock Judge 5-7

Paddock to Post 8-17

Parade of the horses 8-18

Pari-Mutuel Tickets 9-1

Partnerships 7-11

Patrol Judge 5-8

Patron 1-4

Payment for Errors 9-3

Penalties and allowances 8-15

Penalties are obligatory 8-15

Permittee 1-4

Permittee Requirements 6-1

Person who allows another to use his license 7-2

Phenylbutazone 8-2

Photographer 5-8

Pick (n) Pools 9-28

Pick 7 Pool 9-32

Pick Three Pools 9-27

Place 1-4

Place Pools 9-17

Placing Judges 5-8

Plastic bridles prohibited 8-18

Pools Dependent Upon Betting Interests 9-6

Post Position 1-4

Post positions determined by lot 8-12

Post Time 1-4, 8-1

Post to Finish 8-19

Post-mortem examination 8-3

Power of attorney 7-3

Private Sweepstakes 1-5

Probationary sentences 7-3

Produce Race 1-5

Produce Races 8-11

Protests 3-1

Public record 4-1

Purse Race 1-5

Quarantine 6-4

Quinella Double Pools 9-34

Quinella Pools 9-33

Race 1-4

Race Day 1-5

Racing colors 7-4

Racing matter not covered 5-12

Racing program abandoned 8-14

Racing Soundness Exam 8-2

Recognized Meeting 1-5

Refunds 9-5

Refusal of a license 7-3

Refuse to issue or renew a license 7-2

Resident 1-6

Revoke a license 7-2

Roper 1-6

Roping Event 1-6

Rules 1-6

Rules of Sanitation 6-3

Scale of Weights 8-14

Schooling list 5-11

Scratch 1-6

Scratch Time 1-6

Scratches from stakes races 8-13

Search and inspect 2-4

Short by two pounds 8-22

Show Pools 9-19

Simulcast 1-6

Simulcast Operator, Duties of 10-7

Simulcast Operators, Licenses for 10-6

Simulcasting 10-1

Stable Names 7-12

Stakes nominations 6-1

Stakes Race 1-5

Stakes race declared off 8-14

Standard colors 7-4

Stands for judges 6-1

Starter 1-6, 5-10

Starters determined by lot 8-5

Stewards 1-6, 5-12

Straightaway Rule 8-19

Subscription 1-6

Superfecta Pools 9-39

Suspension 5-13

Tattooed to be eligible to start 8-5

Telephone and Telegraph 6-4

Temporary license 7-9

Temporary license apprentice jockey 7-9

Test Barn 8-24

Time Trial Qualifiers 8-31

Timers 5-15

Tongue tie 8-17

TRA 1-6

Trainer as a substitute 8-18

Trainer responsible 7-14

Trainer to be absent 7-14

Trainers/Assistant Trainers 7-13

Tri-Superfecta Pools 9-48

Trifecta Pools 9-38

TRPB 1-6

Twin Quinella Pools 9-41

Twin Superfecta Pools 9-53

Twin Trifecta Pools 9-44

Underweight 8-16

Unlicensed person 2-2

Untried Horse 1-6

Veterinarians 7-15

Violation of any racing law 7-2

Violation of Commission rules 7-3

Walk Over 1-5

Walkover 8-23

Weigh in 8-22

Weighing In 8-21

Weighing Out 8-16

Weight for Age 1-6

Weight Penalties and Allowances 8-14

Winning of a fixed sum 8-22

Winnings 8-22

Winnings during a year 8-22

Wyoming bred 8-12

Wyoming Bred Race 1-5

Year 1-6

History

Effective 1994-06-10

Chapter 1 Definitions

Wyo. Code R. 038.0001.1.01072021 Definitions

CHAPTER 1

DEFINITIONS

Section 1. General Definitions. In applying the Rules and all amendments the following definitions, constructions and interpretations shall apply, except where otherwise indicated in the Rules:

(a) AGE of a horse is designated as beginning on the first of January in the year in which it is foaled.

(b) ARREARS include all monies due for entrance forfeits, fees (including jockey fees), forfeitures, subscriptions, stake and also any default in money incident to the Rules.

(d) AUTHORIZED AGENT is a person appointed by a written instrument signed and acknowledged before a notary public, by the owner and filed with the Commission in accordance with the Rules.

(e) BOOKMAKER is a person in the business of taking bets on pari‑mutuel events other than through the totalisator equipment approved by the Commission.

(f) BREAKAGE is the odd cents on any sum otherwise distributable in a pari-mutuel pool. Also the difference between the amount contributed to the pari-mutuel pool and the total of the commissions (takeouts) and the sums redistributed to the contributors.

(g) BRED - A horse is "bred" at the place of its birth.

(h) BREEDER of a horse is the owner of its dam at the time of foaling.

(i) BREED AWARD means monies collected pursuant to W.S. § 11-25-105(j) and distributed by the Commission to promote the improved breeding and development of the horse industry in Wyoming. Breeder awards may include purse enhancement of Wyoming Bred races.

(j) CALENDAR DAY is twenty-four hours ending at midnight.

(k) CONCESSION OPERATOR means a person or entity performing a service or selling any articles under a license issued by the Commission.

(l) COMMISSION shall mean the Wyoming Pari-Mutuel Commission.

(m) DECLARATION shall mean the act of withdrawing an entered horse from a race before the closing of overnight entries.

(n) DIRECTLY INVOLVED pertains to live racing or pari-mutuel events and means a person who, due to his or her employment or status, has access to restricted areas or animals housed on permitted event grounds for racing or use in pari-mutuel events.

(o) DIGITAL TATTOO is a digital certification, which is attached to the horse's registration certificate in the breed registry that validates the horse's identification. This digital tattoo is accessible through the scan of the horse's microchip or other unique identifier as authorized by the appropriate breed registry.

(p) DRUG means any narcotic, sedative, anesthetic, analgesic, drug or medication of any kind intended for the use in any manner for the treatment or prevention of a condition which could affect the racing condition or performance of an animal. Also included is any substance which, can affect or interfere with the true and accurate testing and analysis of blood, urine, saliva, or other samples taken from animals.

(q) ENGAGEMENT is the obligation of a Jockey or a horse to participate in a race. ENGAGEMENT BOOK is a record of engagements kept by a Jockey Agent.

(r) ENTRY MEANS a horse eligible and entered in a race. COUPLED ENTRY means two or more horses which are entered in a race and are owned in whole or in part by the same owner, or are trained by a trainer who owns any interest in any of the other horses in the race and appear on the program as a single betting interest, (often referred to as "an entry").

(s) EQUIPMENT, as applied to a horse, shall mean whips, spurs, blinkers, tongue straps, muzzles, hoods, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots, plates and all other paraphernalia which is used on a horse while racing.

(t) EVENT means a pari-mutuel event per W.S. § 11-25-102(a)(iv).

(u) EXOTIC WAGERING shall mean a bet, which is comprised of three or more wagering interests.

(v) FIELD means

(i) The entire group of horses in a race.

(ii) The highest numbered horse within the capacity of the tote and all other horses of a higher number grouped together in wagering.

(w) FORFEIT shall mean money due because of an error, fault, neglect of duty, breach of contract or a penalty.

(x) GROUNDS means the entire area used by the Permittee to conduct pari-mutuel events including but not limited to the grandstand, parking lot, concession area, and stables.

(y) HANDBOOK is a bookmakers book of bets or a place where

bookmaking is carried on.

(z) HORSE includes colt, filly, gelding, mare, and ridgling. For racing purposes and programming a horse shall be designated as follows:

(i) Male: horse, colt, gelding or ridgling. (A horse is an entire male five years old or older.)

(ii) Female: filly or mare. (A filly becomes a mare when five years old.)

(aa) HOST FACILITY OWNER is a person that leases or rents its facility located in Wyoming to a Permittee to host pari-mutuel events as approved by the Commission.

(bb) HISTORIC HORSE RACING means a race which has previously occurred and is electronically transmitted for wagering purposes and approved by the Commission.

(cc) IN TODAY HORSE is any horse which, has drawn a position in a race and enters again on the next day that entries are taken.

(dd) JOCKEY is a race rider, whether a licensed jockey, an apprentice or an amateur.

(ee) JOURNEYMAN JOCKEY is a licensed jockey.

(ff) LICENSEE means a person issued a license by the Commission.

(gg) MAIDEN is a horse that has never won a race on the flat in a state or country where racing is supervised by a legalized racing commission or board and where the races are covered by the Racing Form or other similar authorized publication. A maiden which has been disqualified after finishing first is still to be considered a maiden.

(hh) MEETING - Entire period for which a permit to hold pari-mutuel events has been granted to any one Permittee by the Commission.

(ii) MINOR is any person under the age of 18.

(i) BETTING AGE is any person that is 18 years of age or older.

(jj) MONTH is a calendar month.

(kk) MUTUEL DEPARTMENT consists of the equipment and personnel necessary to conduct pari-mutuel wagering and the department is under the supervision of the mutuel manager.

(ll) MUTUEL FIELD (see FIELD).

(mm) NOMINATOR is the person in whose name a horse is entered for a race.

(nn) OFF-TIME is the instant the stall doors of the starting gate open in front of the horses at the start of a race.

(oo) OWNER includes sole owner, part owner or lessee of a horse. An interest in the winnings of a horse does not constitute part ownership.

(pp) PARI-MUTUEL TICKET is a document printed or record produced by a pari-mutuel system device on which is represented a pari-mutuel wager or wagers that have been authorized and accepted for purposes of participation in a pari-mutuel pool.

(qq) PATRON is a member of the public present on the grounds of a Permittee during a meeting for the purpose of wagering or to observe racing.

(rr) PERMITTEE means any person or entity granted a permit by the Commission to conduct pari‑mutuel events within the State of Wyoming.

(ss) PLACE in racing shall mean first, second, third or fourth and in that order is called "Win", "Place", "Show", and "Fourth".

(tt) POST POSITION means the pre-assigned position from which a horse will leave the starting gate.

(uu) POST TIME is the time set for the arrival of the horses in a race at the starting point and must be shown a reasonable time prior to the race on a clock device provided for that purpose, prominently displayed and clearly readable from the grandstand.

(vv) RACE is a contest between horses for purse, stakes, premium, wager for money or entrance fees on any permitted course and in the presence of the stewards.

(ww) RACES, TYPES

(i) CLAIMING RACE is a race in which any horse entered may be claimed in conformity with the rules.

(ii) OPTIONAL CLAIMING RACE is a race restricted to horses entered to be claimed for a stated claiming price and to those which have previously started for that claiming price or less. In the case of horses entered to

be claimed in such a race, the race will be considered, for the purpose of these rules, a claiming race.

(iii) HANDICAP is a race in which the weights to be carried by the entered horses are adjusted by a handicapper.

(iv) MATCH is a private sweepstakes between two horses which, are the property of two different owners. If prior to the running of the race either of the horses entered in the match dies or if either owner dies, the match is void. It remains a match even if money or other award is added to the stakes. (Not allowed in Wyoming unless by special permission of the Commission.)

(v) OVERNIGHT RACE is one for which entries close seventy‑two (72) hours or less before the time set for the first race of the day on which the race is to be run.

(vi) PRIVATE SWEEPSTAKES is a stakes race in which the participating nominators have engaged their respective entries and which, previous to closing has not been advertised for entries in any manner whatsoever. It remains a private sweepstakes even if money or any other award is added to the stakes.

(vii) PRODUCE RACE is a race in which the produce of horses named or described at the time of entry are contestants.

(viii) PURSE RACE is a race for money or any other prize to which the owners of the horses engaged do not contribute.

(ix) STAKES RACE OR SWEEPSTAKES is a race to which nominators of the engaged entries contribute to a purse to which money or any other award may be added, but no overnight race regardless of its conditions shall be deemed a stakes race.

(x) WALK OVER means a race in which only one horse starts or in which all the starters are owned by the same interest. To claim the purse the horses(s) must start and go the distance of the race.

(xi) WYOMING BRED RACE is a race in which all entries are Wyoming Bred horses.

(xx) RACE DAY means any period of twenty-four (24) hours beginning at midnight and included in the period of a race meeting on which flat track horse racing is held. In the matter of penalties the word "Day" means a "Race Day".

(yy) RECOGNIZED MEETING shall be any meeting wherever held under the sanction of a turf authority having reciprocal relations with the Commission and other turf authorities approved by the Commission for the mutual enforcement of rulings imposed on persons guilty of fraudulent turf practices of any kind.

(zz) REGISTRATION CERTIFICATE means a certificate issued by a breed specific organization, either hard copy or digital, identifying the individual horse.

(aaa) RESTRICTED AREA is an enclosed portion of a Permittee's grounds or wagering site with access limited to licensees who require access due to their occupation or participation.

(bbb) RESIDENT - A Wyoming resident is one who maintains a fixed, customary habitation (residence) within the borders of the State of Wyoming and to which, whenever he or she is absent, and intends to return.

(ccc) ROPER is a contestant in a pari-mutuel roping event.

(ddd) ROPING EVENT is a professional roping contest permitted by the Commission.

(eee) RULES shall mean the Rules and Regulations herein prescribed and any amendments or additions.

(fff) SCRATCH shall mean the act of withdrawing an entered horse from the race after the closing of overnight entries.

(ggg) SCRATCH TIME shall mean the time set by the stewards for the closing of applications for permission to withdraw from races of that day.

(hhh) SIMULCAST means the sale of pari-mutuel pools electronically transmitted live or historic on interstate or intrastate pari-mutuel events as prescribed by the Commission.

(iii) STARTER - A horse is a "Starter" for a race when the stall doors of the starting gate open in front of it at the time the Starter dispatches the horses. STARTER is also the name used to designate the official whose duty it is to give the starting signal at the beginning of the race.

(jjj) STEWARDS shall mean the head racing or roping officials, or their duly appointed deputies, charged with the duty of making sure races and roping go‑rounds are carried out in conformance with rules of the Commission.

(kkk) SUBSCRIPTION shall mean the act of nominating to a stakes race.

(lll) TRA means Thoroughbred Racing Associations of North America.

(mmm) TRPB means Thoroughbred Racing Protective Bureau.

(nnn) UNTRIED HORSE is one whose produce are maidens.

(ooo) WEIGHT FOR AGE is the standard weight assigned by these rules to horses according to their ages.

(ppp) YEAR shall mean a calendar year.

History

Effective 2021-01-07

Chapter 2 Commission Rules

Wyo. Code R. 038.0001.2.09042024 § 1 General Rules

(a) The Rules and any amendments or additions apply to all persons, associations, partnerships, or corporations, holding, conducting or participating in a pari-mutuel event, permitted by the Commission, in the State of Wyoming.

(b) In reading the Rules, unless the text otherwise requires, it shall be understood that they apply only in the State of Wyoming.

(c) The Laws of the State of Wyoming and the Rules promulgated by the Commission supersede the conditions of a race or the Permittee's regulations of a race meeting or any other permitted event.

(d) No person less than 18 years old shall be knowingly admitted to the betting area of any Permittee nor shall he be employed in any manner about the track or permitted event except that he may be a trainer, jockey, jockey apprentice, exerciser, groom, or jockey runner, or employed in such other capacity as the Commission may approve.

(e) Every licensed person participating in a permitted event including all owners and trainers and their stable employees, are subject to the Laws of Wyoming and the Rules promulgated by the Commission immediately upon acceptance and occupancy of stabling accommodations from or approved by a Permittee or upon making entry to run or participate on Permittee's grounds. Owners, trainers and stable employees shall abide by the Laws and Rules and accept the decisions of the Stewards on any and all questions, subject to their right of appeal to the Commission.

History

Effective 2024-09-04

Wyo. Code R. 038.0001.2.09042024 § 2 Corrupt Practices

(a) No licensed person shall commit, conspire to commit, or aid and abet any dishonest or corrupt practice, fraudulent act, conduct detrimental to a pari-mutuel event, including bookmaking or touting, or any act in violation of these rules. Persons committing violations of these rules may be ruled off all grounds under the Commission's jurisdiction, have their license denied, revoked or suspended, and be fined.

(b) No licensed person shall participate in any unsanctioned or otherwise illegal live flat track racing events.

(c) No owner or trainer shall harbor on the grounds of a Permittee, engage or retain in his employ any unlicensed person unless that unlicensed person has been issued a badge by the Commission to allow entrance onto the grounds of the Permittee. In addition, any such unlicensed person may be required to sign a waiver of liability as a condition to receiving the badge.

(d) No licensed person shall use obscene, profane or indecent language to a racing or pari-mutuel event official, or any employee or representative of the Commission.

(e) No person shall commit an act on the grounds of any pari-mutuel facility which is contrary to the best interest of racing or pari-mutuel events.

(f) No person shall give, offer, or promise directly or indirectly, either on his own behalf or on behalf of another, any bribe, gift or gratuity in any form to any other person which is intended to influence the outcome of a pari-mutuel event.

(g) No person shall accept or offer to accept on his own behalf or on behalf of another, any bribe, gift, or gratuity in any form which is intended to influence the outcome of a pari-mutuel event.

(h) No person shall offer or receive money or any other benefit for declaring an entry from a race, or for not entering a race.

(i) No person shall make a bet for the account of any jockey except the owner or trainer of the horse the jockey is riding, and then only on said horse.

(j) No person shall offer or give a jockey any money or other benefit in relation to a race, unless the person is the owner or trainer of the horse the jockey is riding in the race.

(k) No electrical or mechanical device or other expedient designed to increase or decrease the speed of a horse (or that would tend to do so) other than the ordinary whip, shall be possessed by anyone or applied by anyone to a horse at any time on the grounds of a Permittee, during an event, whether in a race or otherwise. The owner and trainer of a horse upon which such device was used may be subject to penalties of fine, suspension and loss of purse.

(l) Any person, other than a veterinarian licensed by the Commission, who administers any drug or allows any other person to administer any drugs to a horse within 24 hours prior to the horse participating in a pari-mutuel event, must give notice to the Stewards of the use of the drugs prior to the running of the race or go-round.

(m) No person, while on the grounds of a permitted pari-mutuel event, shall have in his possession any drugs, hypodermic syringes, needles or similar instruments which may be used for injection, or any electrical, mechanical, or other appliance or thing which might affect the speed or actions of any animal except:

(i) A veterinarian authorized to practice at the permitted event or a person other than a veterinarian who possesses the above mentioned items for an existing emergency and as prescribed by a veterinarian;

(ii) Any licensed person may have in his possession on the grounds any chemical substance for use on his own person, provided that, if the chemical substance is prohibited from being dispensed by any federal law or law of this state without a prescription, he is in possession of documentary evidence that a valid prescription for such chemical substance has been issued to him;

(iii) Any licensed person may have in his possession on the grounds any hypodermic syringe or needle for the purpose of administering a chemical substance to himself, provided that he has notified the State Steward: (1) of his possession of such device, (2) of the size of such device, and (3) of the chemical substance to be administered by such device; or

(iv) As permitted by the Stewards or the authorized representative of the Commission in writing.

(n) With reasonable suspicion, the Commission through its employees, agents or authorized employees of the permittee may search and inspect for any item prohibited by these rules. Prohibited items include, but are not limited to, prohibited medication, drugs, drug paraphernalia, or any electrical or mechanical equipment usable to affect the condition of any animal on permitted event grounds. Searches and inspections may include:

(i) Association stables, receiving barns, the paddock, jockey's room, supply rooms, blacksmith and similar service shops or areas, including living quarters, or private vehicles located within enclosures of the Permittee grounds, and

(ii) The person of any licensee while upon the Permittee's grounds in the prescribed areas described in the preceding subparagraph.

(o) No person shall take any action or substance, drugs or otherwise, that may interfere with any drug testing procedure under these rules.

(p) A trainer shall be the absolute insurer of and responsible for the condition of the horses entered in a race or permitted event, regardless of the acts of third parties. Should the chemical or other analysis of blood or urine sample, or other tests show a presence of any narcotic stimulant, depressant, foreign substance or drug of any kind or description, the trainer of the horse may, in the discretion of the Commission, be subject to discipline under these rules. In addition, the owner of the horse and any other person shown to have had the care or attendance of the horse, may in the discretion of the Commission, be subject to discipline under these rules. The owner of any horse disqualified shall be denied and shall promptly return any part of the purse or sweepstakes, or any trophy or prize received, which shall be redistributed by order of the Stewards.

(q) If a jockey is penalized for possession or use of an electrical or mechanical device during a race, the owner of the horse may be denied any purse or award won in that race.

(r) No person shall tamper with, attempt to tamper with, or abet any attempt to tamper with, any animal in such a way as to affect its performance in a permitted event.

(s) No person shall assume or pay, directly or indirectly, a fine imposed upon another without consent of the Commission.

(t) No jockey's attendant (valet) shall make a bet on any race nor shall he place a bet for anyone else.

(u) No person shall make a hand book of any kind on the grounds of a Permittee.

(v) No person shall solicit for or bet with a hand book of any kind on the grounds of a Permittee.

(w) No person (including licensees) shall refuse to obey reasonable orders of an Official or Security Personnel of the Commission or the Permittee.

(x) No person (including licensees) shall participate in any form of harassment while on the permitted event grounds. Harassment, as defined by the U.S. Equal Employment Opportunity Commission, is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

(y) The Commission or its designee may deny granting a license to any applicant, or take disciplinary action on a licensee, who has been convicted of any of the offenses listed below if the Commission determines that the circumstances of the offense giving rise to the conviction make the applicant's presence a hazard to the regulation and conduct of pari-mutuel events or that they may reasonably undermine the public confidence in the integrity of pari-mutuel events:

(i) Offenses related to drugs or narcotics;

(ii) Offenses related to bookmaking;

(iii) Offenses related to arranging the outcome of a race, or to any fraud or deception while participating in pari-mutuel activities;

(iv) Offenses related to representations made about any horse, ownership interest in a horse, or lease or sale of any horse;

(v) Offenses related to cruelty to animals;

(vi) Offenses related to money laundering or fraudulent activities; or

(vii) Offenses that endanger the health, safety, and welfare of the human or equine athletes.

History

Effective 2024-09-04

Chapter 3 Appeals, Protests, and Hearings

Wyo. Code R. 038.0001.3.07162025 § 1 Definitions

(a) PETITIONER shall mean the person, group, or entity initiating action for a hearing.

(b) RESPONDENT shall mean the party against whom a petition is filed.

History

Effective 2025-07-16

Wyo. Code R. 038.0001.3.07162025 § 2 Appeals to the Commission

(a) When a person or persons are fined or suspended by a steward, or when they are fined by a starter under the Commission's Pari-Mutuel Rules, they may appeal by requesting a contested case hearing before the Commission. Such request must be filed in writing at the office of the Commission within five (5) days of the date of notice of the penalty or imposition of discipline, and must set forth the basis for the appeal.

(b) When a Wyoming Bred Horse has its accreditation denied or suspended under Pari-Mutuel Rules, Chapter 8, Section 6, the horse's owner may appeal by requesting a contested case hearing before the Commission. Such request must be filed in writing at the office of the Commission within five (5) days of the date of notice, and must set forth the basis for the appeal.

(c) An appeal from a decision of the Commission Director or a steward, to the Commission shall not affect such decision until the appeal has been acted upon by the Commission unless otherwise ordered by a Court of competent jurisdiction.

(d) A decision by the stewards regarding a disqualification for interference during the running of a race is final and may not be appealed to the commission.

(e) Appeals from the decision of the Stewards shall be governed by the Office of Administrative Hearings' Uniform Rules for Contested Case Practice and Procedure, as incorporated by Section 6 of this Chapter.

History

Effective 2025-07-16

Wyo. Code R. 038.0001.3.07162025 § 3 Protests

(a) A protest, except a protest involving fraud, may be filed only by the owner or his authorized agent, trainer or jockey of a horse engaged in the race in which the protest is made or by a racing official of the meeting.

(b) A protest involving fraud may be made by any person.

of the race, must be made in writing, signed by the complainant and filed with the Stewards before post time of the race in question.

(d) Any protest over the status of an alleged maiden must be made in writing, signed by the complainant, and filed with the Stewards before the programmed post time for the race in which the protested maiden is scheduled to run.

(e) A protest against a horse engaged in a race and filed with the Stewards not less than sixty (60) minutes before post time, shall receive immediate consideration; and if the eligibility of the horse cannot be verified within thirty (30) minutes of post time the horse may be disqualified from starting.

(f) A protest against the programmed distance of a race must be made at least thirty (30) minutes before post time for that race, but nothing in this rule shall affect the rule for races run at a wrong distance as compared with the official program.

(g) A protest against a horse based on a happening in a race must be made to the Stewards before the placing of the horses for that race has been officially confirmed.

(h) If a jockey wishes to protest a happening in a race, he must notify the clerk of the scales immediately upon his arrival at the scales for weighing in.

(i) A person or persons lodging a protest must pay all costs and expenses incurred in determining the objection unless his objection is upheld, in which case the cost shall be paid by the offender.

(j) Pending the determination of a protest any money or prize won by a protested horse, or any other money affected by the outcome of the protest shall be paid to and held by the horsemen's bookkeeper until the protest is determined.

(k) A protest may not be withdrawn without permission of the Stewards.

(l) The Stewards shall keep a record of all protests and complaints and of any action taken and shall report both daily to the Commission.

History

Effective 2025-07-16

Wyo. Code R. 038.0001.3.07162025 § 4 Informal Steward's Hearing

(a) The Board of Stewards may hold an informal steward's hearing, in lieu of a formal steward's hearing, in order to discuss an alleged or apparent violation of the Statutes or the Rules by a licensee. Oral notice is sufficient to commence an informal hearing. After the hearing no sanction or penalty may be imposed by the Stewards unless all affected parties agree to it. The sanction or penalty shall be final, and not subject to appeal.

History

Effective 2025-07-16

Wyo. Code R. 038.0001.3.07162025 § 5 Formal Steward's Hearing

(a) The Stewards hearing procedure includes written reasonable notice to the licensee, delivered prior to the hearing, informing the licensee of:

(i) The charges against him, the possible penalties which may be imposed, and the time, date and place the hearing will be held;

(ii) The right to have counsel present, the right to present a defense, including witnesses for that purpose, and the right to cross-examine the Steward's witnesses if any.

(b) The Stewards may grant a continuance of any hearing for good cause shown.

(c) Failure of the licensee to appear at the time and place of the Formal Stewards' hearing will be deemed a default. Such default will be noted in the record and taken as a waiver of the licensee's due process rights. The Stewards may then impose penalties or make license discipline rulings against the licensee to the extent authorized by these Rules.

History

Effective 2025-07-16

Wyo. Code R. 038.0001.3.07162025 § 6 Incorporation by Reference

(a) The Commission hereby incorporates by reference the following uniform rules:

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure,

adopted by the Office of Administrative Hearings and effective on July 20, 2017, found

electronically at http://gaming.wyo.gov. The Uniform Rules for Contested Case Practice and

Procedure adopted by the Office of Administrative Hearings shall govern all contested case

proceedings.

(b) For these rules incorporated by reference:

(i) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a)(i) of this section; and

(iii) The incorporated rules are maintained at the Wyoming Gaming Commission's office, 951 Werner Court, Suite 335, Casper, Wyoming, 82601 and are available for public inspection and copying, at no cost to the public, at the same location.

History

Effective 2025-07-16

Chapter 4 Information Practices

Wyo. Code R. 038.0001.4.11282023 Information Practices

CHAPTER IV

Chapter 4

Information Practices

Section 1. Authority.

The Wyoming Gaming Commission is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

Section 2. Adoption of Uniform Rules.

The Wyoming Gaming Commission hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at:

https://gaming.wyo.gov/home.

(b) For these rules incorporated by reference:

(i) The Wyoming Gaming Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Wyoming Gaming Commission's office and are available for public inspection and copying at the same location.

History

Effective 2023-11-28

Chapter 5 Officials

Wyo. Code R. 038.0001.5.09112024 § 1 Officials, Generally

(a) At least sixty (60) days prior to the first day of a meeting the Permittee shall submit in writing to the Commission the names of all officials engaged for the pari-mutuel event and no official shall be qualified to act until approved and licensed by the Commission. In the event of incapacitation of any approved official the Permittee may, with the approval of the Commission, appoint a substitute.

(b) Any official or any other person who accepts conditions of employment with a Permittee in this state and is licensed by the Commission, who leaves such employment while a race meeting is in progress without first obtaining permission from the Permittee and the Commission, shall be subject to suspension.

(c) The officials of a race meeting are as follows: three (3) Stewards; one (1) Commission Safety Officer; three (3) Placing Judges: two (2) or more Patrol Judges; Track Safety Officer; Clerk of the Scales; Starter; Handicappers; Timers; Track Superintendent; Paddock Judge; Identifier; Commission Veterinarian; Racing Secretary; Mutuel Manager; Custodian of the Jockey Room, and other officials that the Commission may prescribe.

(d) No person shall be considered for approval by the Commission as an official unless such person is a professional racing official with a reputation of good character and ability or has indicated a desire to become a professional racing official and is in possession of sufficient experience and/or has a special aptitude for such a position. No person shall hold multiple positions as a race meeting official without obtaining Commission approval.

(e) The Stewards and the Commission Veterinarian for each meeting shall be selected by the Commission. The Commission may require the Permittee to pay for the salary of not more than two (2) Stewards. The Commission, in its discretion, may employ an additional Veterinarian to assist the Commission Veterinarian in performing Racing Soundness Exams pursuant to Pari-Mutuel Rules, Chapter 8, Section 2(n)(i). The Commission may require the Permittee to pay for the salary of that additional Veterinarian. All other officials designated shall be appointments by the Permittee, being subject to the approval of the Commission, which reserves the right to demand a change of personnel for what it deems good and sufficient reason, the successor to officials replaced to be subject to the approval of the Commission.

(f) No one interested in the result of a race or permitted event, either because of ownership of any horse entered, or of his sire or dam, or because of bets or otherwise, shall act as an official in respect to that race or permitted event.

(g) No Permittee shall employ or accept the services of any person as an official or in any other capacity who is the owner or trainer of, or who has any interest, financial or otherwise, in horses registered for racing at their meeting or pari-mutuel event unless special permission has been granted by the Commission.

(h) No official or assistant shall wager money or any other chattel of value on the result of any pari-mutuel event.

(i) No official or assistant shall accept, directly or indirectly, any gratuity, reward or favor in connection with any permitted pari-mutuel event. This provision does not apply to salaries received from the Permittee.

(j) No official or assistant shall buy or sell any contract upon any jockey or apprentice jockey for himself or another.

(k) No official or assistant shall write or solicit horse insurance at the meeting.

(l) Each official or assistant shall report to the Stewards/Judges all observed violations of the rules.

(m) No officials other than the Stewards and the Starter shall have the right to impose a fine; only the Stewards may impose a suspension.

(n) An official imposing a fine or suspension shall report daily to the Commission, Racing Secretary and Horsemen's Bookkeeper in writing.

(o) All fines shall be paid to the State Steward within 48 hours after imposition and notice. If the meet is not in session, fines shall be mailed to the Commission office within 48 hours of receiving notice from the Stewards or the Commission. Checks shall be made payable to the State of Wyoming.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 2 Barn Superintendent. (See Racing Secretary)

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 3 Clerk of Scales

(a) The Clerk of Scales shall weigh all jockeys out and the first four place finishers in.

(b) The Clerk of Scales shall record and publish on the notice board any overweight or any change of jockey, weight or racing colors as compared with those stated on the official program and shall promptly supply the racing officials with all pertinent changes.

(c) The Clerk of Scales shall promptly report to the Stewards any infraction of the Rules with respect to weight, weighing or riding equipment.

(d) The Clerk of Scales shall maintain and deliver to the Racing Secretary and the Horsemen's Bookkeeper at the end of each race day, a record of the weights carried by each horse in each race together with the name of each horse's jockey and the overweight carried by each jockey.

(e) All jockeys taking part in a race must be weighed out by the Clerk of Scales not less than twenty (20) minutes before the time fixed for the race (the horse in each instance being specified), and the number of the horse shall be exhibited officially as soon as possible, and the first four-place finishers shall be weighed in at the conclusion of the race.

(f) If the overweight is more than two (2) pounds in excess of the weight the horse is to carry (the owner or trainer consenting), the jockey shall declare the amount of overweight to the Clerk of Scales at least forty-five (45) minutes before the time appointed for the race and the Clerk shall have the overweight posted immediately on the Notice Board or announced publicly. Failure on the part of any jockey to comply with this rule shall be reported to the Stewards.

(g) Seven (7) pounds is the limit of the overweight any horse is allowed to carry, unless approved by the Stewards. Public announcement of the overweight must be made.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 4 Handicapper

(a) The Handicapper, who may be the Racing Secretary, shall assign the weights to be carried by each horse in a Handicap.

(b) The Handicapper shall append to the weights for every Handicap the day and hour for which winners will be liable to weight penalty.

(c) If there are no penalties, that fact shall be appended to the weights. No alteration of weights shall be made after publication.

(d) In case of omission, through error, of the name or weight to be carried of a horse duly entered, the omission shall be rectified by the Handicapper, with permission of the Stewards.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 5 Horsemen's Bookkeeper

(a) Each Permittee shall have a Bookkeeper, approved by the Commission, whose duty it is to keep and preserve books which will reflect the deposits or other credits and withdrawals or other charges that may be made by an owner or other licensee. The Bookkeeper shall have an office at the track and the office shall be open on each racing day during the hours specified by the Commission. He must also furnish reports and information as may be required by the Commission or its representative.

(b) The Bookkeeper shall maintain a record which includes the information obtained from the Clerk of the Scales per Section 3(d), the "post time" of each race, running time of the race, the amount of the purse and its division, the placing of the first five horses as reported by the placing judges and the amounts of fees collected or charged. All rulings made by the Stewards and the original signed claims shall be attached to and become a part of the Bookkeeper's record.

(c) The Bookkeeper shall keep a complete record of all races and submit the record to the Racing Secretary and the Commission.

(i) Total purses paid for the event including added money in

stakes.

(ii) List of all stakes races.

(A) Total added money.

(B) Total amount contributed by horsemen.

(iii) Total number of two-year-old races.

(A) Total purses paid.

(B) Total amount contributed by horsemen.

(iv) Total number of three-year-old races.

(A) Total purses paid.

(B) Total amount contributed by horsemen.

(v) Total number of "Wyoming Bred" races run.

(A) Total purses paid for "Wyoming Bred" races.

(B) Total amount contributed by horsemen.

(vi) Total number of "Wyoming Bred" races offered but unable to fill.

(vii) Complete list of all claimed horses including price and date

of claim.

(d) The Bookkeeper may receive all stakes, forfeits, fines, entrance monies, fees (including jockey's fees), purchase money in claiming races and all other money that can properly come into his possession as agent for the Permittee for which he is acting.

(e) The Bookkeeper's office must be open at least one (1) hour immediately prior to post time of the first race of the day for receiving jockey mount money.

(f) The Horsemen's Bookkeeper shall pay over, when due, all monies collected by him to persons entitled to receive payment.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 6 Identifier

(a) No horse shall be permitted to start that has not been fully identified by the Official identifier. The trainer is responsible for the identification.

(b) It shall be the duty of the Official Identifier to check all contestants for each and every race and to have all horses properly identified, keeping a record on solid colored horses and horses starting for the first time according to the published record of the "Chart Books" of the Daily Racing Form. This record is to be retained by the Racing Secretary.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 7 Jockey Room Custodian

(a) It shall be the duty of the Jockey Room Custodian to see to it that order, decorum and cleanliness are maintained in the jockey and scale rooms.

(b) The Custodian shall assist the Clerk of Scales in the performance of his duties.

(c) The Custodian shall see to it that no person, other than racing officials, the Commission or its representatives, and the necessary Jockey Room Attendants, is admitted to the jockey room on a day of racing without express permission of the Stewards for each time of entry.

(d) The Custodian may permit the assistant starters to use the jockey room for the purpose of changing clothes prior to post time and following the running of the last race. However, they shall not be in the jockey room between forty-five (45) minutes before post time for the first race, and the finish of the last race.

(e) The Custodian shall oversee the care and storage of all racing

colors.

(f) The Custodian shall oversee the jockey attendants and arrange their rotation among jockeys in the matter of weighing out.

(g) The Custodian shall see to it that no jockey attendant not approved by the Stewards and licensed by the Commission is permitted to assist any jockey at any time.

(h) The Custodian shall report to the Stewards any irregularities that occur in his province.

(i) The Custodian shall see to it that jockeys are neat in appearance and attired in keeping with the rules when they leave the rooms to ride in a race.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 8 Mutuel Manager

(a) The Mutuel Manager of the pari-mutuel department shall deliver to the Commission at the end of each pari-mutuel event day a record showing the amount wagered in each pool, including but not limited to "win", "place", and "show", the commissions, and the breakage for each race or go-round and the totals of each for the day. The method of delivery shall be approved by the Commission or it's designate.

(b) The manager of the pari-mutuel department shall deliver to the Commission at the conclusion of the meet or at any time requested prior to that time, a copy of all take-out and calculating sheets.

(c) The mutuel manager is held responsible for the conduct of his employees. He shall not be responsible for their "shorts" or "longs".

(d) Each seller or cashier shall be responsible to the mutuel manager for his "shorts" or "longs"; the "shorts" or "longs" shall be recorded and reported to the Commission daily.

(e) The Mutuel Manager shall employ only those licensed by the Commission.

(f) The Mutuel Manager shall allow no one to enter the mutuel department other than those entitled to do so by virtue of these rules.

(g) The Mutuel Manager shall countersign (or approve) all licenses granted by the Commission to the employees of the mutuel department if requested to do so by the Commission.

(h) The Mutuel Manager shall report in detail to the Commission his reasons for discharging an employee.

(i) The Mutuel Manager shall be responsible for the "odds board" and the information it reflects.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 9 Outrider

(a) There shall be at least one Outrider. The Outriders shall be neat in appearance and must wear an approved helmet with chin strap securely fastened while on the track. The Outriders shall be approved by and work under the direction of the Stewards.

(b) The Leading Outrider shall:

(i) Be in charge of the post parade.

(ii) See to it that all jockeys and pony riders conduct themselves in a manner in conformity with the best interests of racing.

(iii) Not permit any rider to dismount unless an emergency

exists.

(iv) Take special notice of all pony riders and jockeys to see that no illegal equipment is exchanged and that all conversation during the post parade is held to a minimum.

(v) Report to the Stewards any unusual conduct that occurs during the parade.

(vi) Report to the Stewards any participant in the parade who is not neatly attired.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 10 Paddock Judge

(a) In the interest of public safety, the Paddock Judge shall exclude from the paddock all persons who have no immediate business with the horses entered. The members of the Commission, its staff and special representatives and those having special permission from the Stewards are excepted.

(b) The Paddock Judge shall keep a record of all equipment carried by all horses in all races under his jurisdiction, permitting no change in equipment not authorized by the Stewards.

(i) A horse starting in a race shall not be shod with ordinary or training shoes nor shall he run without shoes unless by permission of the Stewards.

(ii) Bar plates may be used only with consent of the Stewards and discontinuance of their use must be approved by the Stewards.

(d) The Paddock Judge shall report any irregularities to the Stewards.

(e) The Paddock Judge may permit a horse to be led to the post with a privately owned pony if the rider is properly licensed by the Commission.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 11 Patrol Judge

(a) When deemed necessary by the Stewards the Permittee shall appoint patrol judges who shall be capable men of experience and integrity. The Patrol Judges must be approved by the Commission before appointment.

(b) The Stewards shall determine the number of Patrol Judges needed and shall direct the placing of the Patrol Judges at points of vantage about the racetrack.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 12 Photographer

(a) On all tracks the operator of the camera taking pictures approaching the finish line and in the winner's circle after each race, shall be approved by the Commission.

(b) Photographers other than the official licensed photographer, shall not be permitted on the track or arena unless special permission is granted by the Stewards or the Commission, and then only for pictures that are specifically mentioned and in places indicated by the Stewards or the Commission.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 13 Placing Judges

(a) The Placing Judges shall occupy the Placing Judges' stand at the time the horses pass the winning post in each race, and their duty shall be to place and record five horses or as many more as they think proper in the order of their finish in each race.

(b) The Placing Judges shall announce their decisions without delay and display the number of the first four horses in the order of their finish, and their decisions shall be final unless objection to the winner or any horse placed within the purse is made and sustained. This rule shall not prevent the judges from correcting any mistake, such correction being subject to confirmation by the Stewards.

(c) When the Placing Judges differ, the majority shall govern, but first a photograph of the finish shall be inspected as an aid in the decision and at all times when the winning range is less than half a length and in other cases where the horses are widely spaced across the track, the photograph, if available, shall be inspected and an identical copy shall be posted for public observation.

(d) If it is considered advisable to consult a picture from the finish camera, the placing judges shall post, without waiting for a picture, placements as are in their opinion unquestionable, and after consulting the picture, make the other placements.

(e) The Placing Judges shall consider only the relative position of the respective noses of the horses in determining the places of the horses at the finish of a race.

(f) Nothing in these rules shall be construed to prevent the Placing Judges, with the approval of the Stewards, from correcting an error before the display of the "Official" sign in case it has been displayed through error.

(g) It shall be the duty of the Placing Judges to advise the Clerk of Scales of the finish of each race as it is declared "Official".

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 14 Racing Secretary

(a) The Racing Secretary shall discharge all duties of his office, expressed or implied, as required by the Rules.

(b) It shall be the duty of the Racing Secretary or the Barn Superintendent to assign to applicants such stabling as he may deem proper. He and the Stewards shall settle any and all conflicting claims for stable privileges.

(c) It shall be the duty of the Racing Secretary to maintain an accurate record of all races won and to attach the record to the turf authority registration papers.

(d) The Racing Secretary shall compile an official program for each racing day which shall state the time fixed for the first race and give the names of the horses which are to run in each of the races of the day.

(e) The program shall indicate the order in which each race is to be run; the purse, conditions, distance of each race; the owner, trainer, and jockey for each horse; each owner's racing colors, the weight assigned to each horse; his number and post position, color, sex, age and breeding. The program may show other pertinent data subject to the approval of the Commission.

(f) The Racing Secretary shall receive all entries and declarations.

(g) The Racing Secretary shall be charged with the responsibility of maintaining exact records of the licenses of trainers and jockeys, partnership papers, contracts between a jockey and his employers, appointment of authorized agents and jockey agents, the adoption of colors, and the adoption of assumed names. The Racing Secretary shall include appropriate information in the programs.

(h) Each morning as soon as the entries have been closed and compiled, the declarations made and approved by the Stewards the Racing Secretary shall post the overnight list in a conspicuous place in his office. Any newspaper desiring the overnight list shall be furnished a copy.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 15 Starter

(a) Only the Starter, or a deputy approved by the Starter, the Stewards and the Commission, may start a race.

(i) In case of emergency a Starter may be appointed by the Stewards.

(ii) Such emergency shall not exist for more than three racing days without Commission approval.

(b) The Starter shall give all orders and take all measures necessary to insure a fair start.

(c) The Starter's decision as to the validity of a start shall be final; likewise, his decision as to whether or not a horse was locked in the gate shall be final.

(d) The Starter may appoint his assistants subject to the approval of the Stewards and the Commission; however, no assistant starter shall be a person owning or having any interest in any horse eligible to race at the meeting nor any person having any interest in the result of any race or be or have been the employee of any such person during the progress of the event, unless approved by the Stewards and/or the Commission.

(e) No person shall give to any Starter or Assistant Starter, nor shall any Starter or Assistant Starter receive money, anything of value, or other compensation for their services in connection with the running of any race. No Starter or Assistant Starter shall bet on any race or engage in any betting transaction. This rule has no application to salaries received from Permittee.

(f) In case the alignment of the horses at the post is delayed, the Starter may permit the jockeys to dismount and their mounts to be attended.

(g) If after reaching the starting post, a horse is so badly injured as to make it impractical or impossible for him to run in a race, the Starter or Commission Veterinarian, may with the approval of the Stewards excuse that horse. If a horse is excused, the "Start" must be delayed until the mutuel department is notified and a change of "Odds" is made.

(h) The Starter is required to load horses into the starting gate in order of post position except in cases of emergency or by prior permission of the Stewards.

(i) If the Starter or his assistants are unable after reasonable efforts to place a horse in the gate for a satisfactory start or if the horse is mean or unruly, the Starter may order that horse placed outside the gate, one full length behind the starting line. The horse shall be denied the right of future entry until reinstated by the Starter or Stewards.

(j) The Starter shall maintain a schooling list and all horses shall be schooled at or in the starting gate, if and when required, under the personal supervision of the starter.

(k) Only the Starter or Stewards shall have the authority to designate the horses which shall be placed on the schooling list.

(l) A horse will not be eligible to start until the Starter orders the name stricken from the schooling list.

(m) The Starter shall file a copy of the schooling list with the Racing Secretary. The list must be prominently displayed.

(n) The Starter may fine a jockey for disobedience of orders or for attempting an unfair advantage or for creating a disturbance before the "Start", but the fine shall not exceed $200.00.

(o) The Starter's authority to fine begins when horses arrive at the gate and ends at "Off-Time". All infractions noted by the starter after "Off-Time" shall be reported immediately to the Stewards.

(p) The Starter shall report in writing to the Stewards and to the Racing Secretary all fines which he has imposed and no fines reported shall be modified other than by the authority of the Commission.

(q) Neither the Starter nor his assistants shall mistreat or use abusive language to a jockey. Violators are subject to disciplinary action by the Stewards.

(r) The Starter's approval of the starting ability of all two-year olds must be obtained before they are permitted to start. He must state whether whip and/or blinkers were used in schooling.

(s) The Starter's approval must be obtained for all older horses that have never started at a recognized meeting.

(t) A false start is void and the horses shall be started again as soon as practical. Any horse running the course from a false start may be excused from the true race by the Stewards.

(u) If a horse is locked in the gate, the Starter shall immediately notify the Stewards who, in turn, shall immediately notify the Manager of the mutuel department. The Starter shall be the sole judge of what horse or horses are prevented from starting in a race through failure of gates to open.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 16 Stewards

(a) The Stewards shall have the power to interpret and enforce these Rules and determine all questions pertaining to a racing or pari-mutuel event matter not specifically covered by these Rules in conformity with justice and customs of the turf or pari-mutuel events, being subject to the powers and duties of the Commission.

(b) In matters pertaining to racing or pari-mutuel events, the order of the Stewards supersedes the orders of the officers and directors of the Permittee.

(c) It shall be the duty of the Stewards to regulate and govern the conduct of all officials and of all owners, trainers, ropers, jockeys, grooms, and other persons attending horses during, before and after events, unless the power and the duty is vested only in the Commission.

(d) The Stewards shall have unrestricted access to all stands, weighing rooms and jockey rooms, enclosures and other places in use for the event.

(e) All entries and declarations shall be under the supervision of the Stewards or Judges and no declaration shall be made without their permission.

(f) All questions within their authority shall be determined by a majority vote of the Stewards or Judges.

(g) In the interest of the health, safety, and welfare of the people of the State of Wyoming, the Stewards may summarily declare a horse scratched and may suspend a license pending a Stewards hearing and/or hearing before the Commission.

(h) The Stewards have power to punish at their discretion any person subject to their control for violations of these Rules or regulations or for violation of the horse racing laws of Wyoming by suspension from acting or riding for up to thirty (30) calendar days or by fine not exceeding $1,000 or both, and if they consider necessary any further punishment or additional fine, they shall so report to the Commission. The licensee is entitled to attend an informal hearing with the Stewards before punishment is imposed.

(i) Informal Stewards Hearing, see Chapter 3, Section 4.

(ii) Formal Stewards Hearing, see Chapter 3, Section 5.

(i) The Stewards are vested with the power to determine the extent of disqualification in case of fouls. They may place the offending horse behind the horses they judged it interfered with, or they may place it last.

(j) The Steward/Judges are vested with the power in roping events to determine the extent of an infraction. They may assess a time penalty, or disqualify the individual contestant.

(k) The Stewards may demand proof that a horse neither is disqualified in any particular; nor entered or owned, in whole or in part, by a disqualified person, or trained in whole or in part by a disqualified person. In absence of proof satisfactory to them, the Stewards may declare the horse disqualified.

(l) The Stewards/Judges may postpone a race, event, or performance from race day to race day or performance to performance.

(m) The Stewards shall have the power to examine or cause to be examined at any time any horse stabled on the Permittee grounds or in stabling approved by the Permittee.

(n) The three Stewards must be on duty during race time, which shall mean from one hour before post time for the first race of the day and until after the last race of the day has been made official.

(o) At least one of the Stewards or his deputy shall be on duty thirty

(30) minutes prior to scratch time each morning until after the drawing of post positions.

(p) A Steward may appoint his own deputy at any time.

(q) If there is only one Steward present at race time that Steward shall appoint two other qualified persons to act with him as Stewards pro tem.

(r) If only two Stewards are present at race time, they shall, by agreement, appoint a deputy for the absent Steward, providing the absent Steward has not already appointed his own deputy.

(s) If none of the Stewards are present at race time, the Executive Director shall appoint three qualified persons to act as Stewards pro tem. If the Director is absent the Racing Secretary shall make the appointments.

(t) Appointments of any deputy for a Steward shall be reported immediately to the Commission.

(u) There shall be three Stewards (no more, no less) acting during the running of each race.

(v) When a vacancy occurs among the racing officials, other than the Stewards prior to post time of the first race of the day or when a vacancy occurs after the racing of the day has been started, the Stewards shall immediately fill the vacancy. The appointment shall be effective only for the day unless the Permittee fails to fill the vacancy on the following day and notifies the Stewards of its action not less than one hour before the post time of the first race of the day. Such appointments shall be reported immediately to the Commission.

(w) The Stewards shall take notice of any questionable conduct with or without complaint thereof.

(x) The Stewards may substitute a jockey of their selection on any horse.

(y) The Stewards may place any horse in the temporary charge of a trainer of their selection.

(z) It shall be the duty of the Stewards to see to it that horses arrive at the starting post as nearly as practicable at the advertised time.

(aa) The State Steward shall sound the bell closing the pari-mutuel wagering no later than the opening of the starting gate.

(bb) In case of accident or casualty to a horse before "Off-Time", the Stewards may excuse the horse.

(cc) The Stewards must investigate promptly and render a decision in every protest and in every complaint properly made to them.

(dd) The Stewards shall report all protests and complaints to the Commission daily and shall make prompt report to the Commission of their decision.

(ee) The Stewards shall file with the Commission a signed report of any and all infractions of the rules coming under their observance before the close of each day and shall file with the Commission daily any and all rulings made that day.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 17 Commission Safety Officer

(a) The Commission Safety Officer employed by the Commission shall monitor activities and practices in the stable area, barn area, and on the racetrack for compliance with all Commission Rules. The Commission Safety Officer shall work primarily on the permitted grounds during training and racing hours, assist the Stewards in decisions, and make safety recommendations to all racing officials. The Commission Safety Officer's responsibility shall include, but not be limited to:

(i) Conducting pre-race meet racetrack safety inspections;

(ii) Monitoring outrider compliance;

(iii) Monitoring starting gate compliance;

(iv) Monitoring ambulance and medical personnel protocols for horses and riders;

(v) Assisting Stewards and Commission Veterinarians with follow-up on horses barred from training or vanned off during training and racing.

(vi) Reviewing ship-in and ship-out lists and undertaking appropriate investigations;

(vii) Conducting random license checks in the stable area;

(viii) Conducting random barn inspections to monitor safety and regulatory compliance;

(ix) Advising Stewards of all planned and random inspections;

(x) Making recommendations to the Permittees and racing officials to ensure the welfare of horses and riders, the integrity of racing, and compliance with applicable horse racing laws and regulations; and

(xi) Creating a culture of safety for horses, riders, and racetrack personnel.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 18 Track Safety Officer

(a) The Track Safety Officer employed by the Permittee shall monitor the paddock, barns, and racetrack areas during all training and racing hours. The Track Safety Officer shall assist in the oversite of equine safety, racetrack safety, risk management, and injury preventions at each racetrack. The Track Safety Officer's responsibilities shall include, but not be limited to:

(i) Assisting the Stewards and Commission Safety Officer;

(ii) Assisting in the reporting of injuries taking place in the barn area and during non-race days; and

(iii) Data entry into the Equine Injury Database.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 19 Track Superintendent

(a) The Track Superintendent shall be responsible for all track maintenance, ensuring that the track surface is properly groomed and prepared for training and racing hours. The Track Superintendent shall at all times maintain the event surface in good condition and shall have available adequate and proper equipment and implements to maintain a uniform event surface, weather conditions permitting.

Section 20. Timers.

(a) There shall be one or more Timers. They shall determine the official time of each race, go-round, or contestant.

(b) When an electric timing device is used, the races shall also be timed in the usual manner by the Timers. Any electrical timing device must be approved by the Commission.

(d) Every Commission licensee exercising a race horse shall, upon request of an official timer, correctly state the distance over which the horse is to be worked and the point on the race track where it is intended to start the workout. He must identify the horse if requested to do so.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.5.09112024 § 21 Commission Veterinarian

(a) The Commission shall employ a graduate veterinarian surgeon in good standing and licensed to practice under the laws of the State of Wyoming.

(b) He shall be present in the paddock to inspect all horses and shall perform other duties as shall be prescribed by the Stewards or the Commission. Adequate transportation for him shall be provided by the Permittee.

(c) He shall be responsible for securing specimens of urine and blood or any other specimens from any horse designated by the Stewards or by the Commission and shall maintain records for identification of specimens as required by the Commission.

(i) He shall be responsible for securing the proper signatures of witnesses to the taking of specimens and the ultimate sealing for delivery to the official chemist.

(ii) He shall be responsible for delivery or shipment of all specimens to the official chemist.

(d) He shall be responsible for properly instructing his assistants in the performance of their duties.

(e) The Commission Veterinarian shall be considered an official of the Commission.

(f) The Commission Veterinarian must be present at the office of the Racing Secretary and/or Stewards' office prior to scratch time each racing day at a time designated by the Stewards to inspect any horses and report on their condition as may be requested by the Racing Secretary or Stewards.

(g) The Commission Veterinarian does not have the authority to scratch a horse but shall report to the Stewards his opinion of a horse's condition and his recommendations relative to scratching.

(h) No veterinarian employed by the Commission shall be permitted during the period of his employment to treat or prescribe for any horse participating in a pari-mutuel event, for compensation or otherwise, except in case of emergency in which case a full and complete report shall be made to the Stewards. No owner or trainer shall employ or pay compensation to the Commission Veterinarian during the period for which he is employed by the Commission.

(i) Veterinarians practicing at a race track or at any permitted event shall use one time disposable needles and shall dispose of them in an approved manner as directed by the Commission.

(j) No horse shall be destroyed on the grounds of a Permittee until it has been observed by the Commission Veterinarian.

(k) The Commission Veterinarian and his assistants shall not wager on the outcome of any race at the event at which they are employed.

(l) The Commission Veterinarian shall be responsible for the posting of current medication guidelines as prescribed by the Commission.

History

Effective 2024-09-11

Chapter 6 Permittee

Wyo. Code R. 038.0001.6.09112024 § 1 Permittee Requirements - Live Events

(a) Every permit to hold a Pari-Mutuel Event, limited to a maximum time of three (3) year(s), is granted upon the condition that the Permittee shall accept, observe and assist in the enforcement of the Rules. It shall be the duty of each officer, director and every Permittee, official and employee to observe and assist in the enforcement of the Rules.

(b) Members of the Commission and its designated representatives shall have the right of full and complete entry to any and all parts of the grounds and mutuel plants of the Permittee.

(c) Each Permittee shall police its grounds at all times in such a manner as to preclude the admission of any person in and around the stables except those having bona fide business and duly licensed by the Commission.

(d) Racing Permittee shall make prompt written acknowledgment of stakes nominations and subscriptions to the Commission.

(e) A Permittee shall provide starting point markers and distance poles in a size and position that is clearly seen from the Steward's stand. All distance poles/markers shall be painted as follows:

1/4 mile - red and white

1/8 mile - green and white

1/16 mile - black and white

220 yards - green and white

250 yards - blue

300 yards - yellow

330 yards - black and white

350 yards - red

400 yards - black

440 yards - red and white

550 yards - black and white

660 yards - green and white

770 yards - black and white

870 yards - blue and white

(f) Stands for judges, timers and Stewards shall be maintained and protected from the elements, in positions commanding an uninterrupted view of the entire racing strip or area where the participants are competing, and subject to the approval by the Commission.

(g) A Permittee shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area. In addition, the Permittee shall provide communications between each station of the patrol judges, starter, outrider, commission veterinarian, ambulance, mutuel manager and the Stewards. The method of communication shall be approved by the Commission.

(h) All race tracks in Wyoming operating under the jurisdiction of this Commission must install and use an approved type Film Patrol, with not less than two cameras operating from positions designated by the Commission.

(i) No Permittee shall be permitted to enter into an agreement or adopt any policy which would prohibit any horse having been granted a stall at Permittee's meeting from being entered in any race for which the horse is eligible unless the Permittee has obtained the prior approval of the Commission.

(j) Each applicant seeking dates for a live pari-mutuel event must submit an application to the Commission no later than the date set by the Commission, but not less than ninety (90) days prior to the date of the proposed meeting. Application for permits shall give dates requested, fully identify the applicant, shall include a proper financial statement showing the financial responsibility of the applicant, shall show the purpose and use of the permit, and shall describe the races to be conducted, the manner of wagering and the names and identification of those to supervise the wagering and the controls and supervision by the applicant (pari-mutuel manager, stewards, and racing secretary) and shall include an approval of the corporation or association applying by their respective County Commissioners. A non-refundable fee of one hundred ($100.00) dollars for each live event day and a surety bond, certificate of deposit or letter of credit of not less than $5,000.00 (security not required of a county entity) made in favor of the State of Wyoming must accompany the application. As part of that application, each applicant shall:

(i) Provide the Commission with a certificate of liability insurance as required by the Commission.

(k) All applicants shall, as a prerequisite to receiving a live event permit, provide in their application a certified report from a licensed surveyor detailing the grade and measurement of the distances to be run. Live racing event permits shall not be issued until the track is completed and surveyed, and a certified report is received, and approved, by the Commission. If after the issuance of a live permit there are any changes to the grade or measurement of the distances to be run, an updated report shall be provided to, and approved by, the Commission prior to any permitted events being run.

(l) Prior to the first live flat track racing event day of the season, each Permittee shall submit to an independent third party inspection, to be selected and scheduled by the Commission, at the Commission's expense. The Permittee shall make a representative available for inspection. The inspection shall be referred to as the Racetrack Safety Inspection consisting of the racetrack and permitted grounds. The inspection shall include, but not be limited to, the cushion, subsurface, base, banking of the turns, starting gate, inside and outside rail, paddock, and barn area to determine whether the racetrack and permitted grounds are adequately designed, constructed, and maintained to provide for the safety of all human and equine participants. Any safety issues identified in the Racetrack Safety Inspections shall be addressed to the Commission's satisfaction prior to any races being conducted.

(m) All applicants shall provide a live event Operations Plan, Racetrack Safety Plan, Emergency Contingency Plan, and Feasibility Study that summarizes the proposed event operations, any conflicts of racing dates, estimated human and equine participant availability, and justification of the proposed dates. These plans and study shall be reviewed and approved by the Commission as part of the final issuance of a permit.

(n) Each Permittee approved by the Commission to conduct a race meeting must offer to the public the Daily Racing Form or another publication of equal merit which reveals the past performance records of the horses racing at the meeting.

(o) A complete list of all racing officials and other personnel required by the Commission shall be submitted to the Commission by the Permittee not less than sixty (60) days prior to the date approved for the racing to begin.

(p) The Commission reserves the right to demand a change of personnel or officials for good and sufficient reason. The successor to an official or employee that is replaced shall be subject to approval of the Commission.

(q) Permittee shall furnish and maintain both a suitable man ambulance and a suitable horse ambulance each day that their tracks or area where participants are competing may be open, whether competing or exercising horses; equipped and ready for immediate duty and placed at a location approved by the Stewards, which is at no time obstructed.

(r) Permittee shall at all times maintain the event surface in good condition and shall have available adequate and proper equipment and implements to maintain a uniform event surface, weather conditions permitting. A list of all equipment and implements to be utilized during the live flat track racing event shall be submitted to the Commission at least thirty (30) days prior to the first day of the event and subject to the Executive Director's

approval following consultation with the Commissions Safety Officer and or Track Stewards.

(s) Each Permittee shall make its racing surface available to the horsemen at least five (5) days in advance of the first live flat track racing event day of the season for training and conditioning, weather conditions permitting. Track availability for training and conditioning for the duration of the race meet shall be posted in the racing office.

(t) Each Permittee shall maintain and furnish police and watchman service as may be needed or requested by the Commission. Police must be fully empowered to enforce law and order and cooperate in the enforcement of the rules.

(u) Each Permittee shall employ and pay for the services of two people or more, if necessary, who will be selected by and be under the direction of the Commission as Special Police.

(v) Permittees may be required to reimburse the Commission for the actual cost of additional Veterinarian services required to effectuate the Racing Soundness Exams required by Pari-Mutuel Rules, Chapter 8, Section 2(n).

(w) Each Permittee shall employ a Track Safety Officer that shall be on duty whenever the racetrack is open for training, conditioning, and racing. The individual shall monitor the paddock, barns and racetrack areas, collect and analyze data as appropriate, and be responsible for ensuring the safety on the permitted grounds. Track Safety Officer shall report all injuries and incidents to the Stewards, Commission Veterinarian, and the Commission Safety Officer.

(x) A Permittee may request an exemption from a requirement in this chapter to utilize new technology or innovative construction or design of the racetrack facilities. The Commission may grant an exemption if the Commission determines that:

(i) The Permittee's proposal substantially satisfies the purpose of the requirement; and

(ii) The exemption is in the best interests of human and equine safety, the racing industry and public safety.

(y) The Commission shall use the following decisional criteria in the approval or disapproval of an application for live events to include the following but not limited to.

(i) The applicant's general benefit to the state of Wyoming.

(ii) The applicant's general benefit to the state of Wyoming's horse racing industry.

(iii) The applicant's proposal and any scheduling conflicts with other applicants or Permittees.

(iv) The applicant's integrity:

(A) Individual and corporate conduct.

(B) Criminal history.

(v) The applicant's credibility:

(A) Accuracy of a feasibility study.

(B) Experience and expertise of the applicant in the racing industry.

(vi) Financial stability.

(z) The Commission may issue, amend or refuse to issue permits in its discretion, pursuant to W.S. § 11-25-201(f).

(aa) A Permittee shall not implement any changes or modification of the practices, procedures, or representations upon which the approval was based without the prior written approval of the Commission.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 2 Financial Reports

(a) The Commission may require periodic audits to determine that the Permittee has funds available to meet those distributions for purposes required by the Act, Commission rules, horsemen's agreements, the conditions and nomination race program of the race meeting and the obligations incurred in the daily operation of the race meeting.

(b) A Permittee shall file a copy of all tax returns, a balance sheet and a profit and loss statement.

(c) A Permittee shall file with the Commission an unaudited balance sheet and profit and loss statement as required by the Commission. Those submissions must be in a format approved by the Commission.

(d) A permittee shall file an annual financial audit with the Commission within ninety (90) days after the Permittee's fiscal year-end. The Commission, upon good cause shown, may extend the time for filing.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 3 Facilities and Equipment

(a) A Permittee shall ensure that the public areas of the Permittee grounds are designed and maintained for the comfort and safety of the patrons and licensees and are accessible to all persons with disabilities as required by state and federal law.

(b) A Permittee shall provide and maintain adequate restroom facilities for the patrons and licensees.

(d) A Permittee shall maintain all facilities on the Permittee grounds to ensure the safety and cleanliness of the facilities at all times.

(e) During a race performance, the Permittee shall provide:

(i) A first aid room or other approved area appropriately equipped; and

(ii) The services of at least one Emergency Medical Technician or other medical professional approved by the Commission.

(f) A Permittee shall provide a properly equipped transport ambulance staffed with at least one person during training hours and two persons during racing hours. If the ambulance is being used to transport an individual, the Permittee may not conduct a race, or allow horses with riders on the racetrack, until the ambulance is replaced.

(g) A Permittee shall provide mandatory orientation of racing emergency procedures for all emergency response personnel employed by or assigned as a result of a contract to the Permittee grounds.

(h) Unless otherwise approved by the Stewards, an ambulance shall follow the field at a safe distance during the running of the races.

(i) Unless otherwise approved by the Stewards the ambulance must be parked at an entrance to the racing strip except when the ambulance is being used to transport an individual or when it is following the field during the running of a race.

(j) A Permittee shall adopt, have posted, and implement a protocol for education, evaluation, diagnosis, and management of concussion of jockeys which shall be approved by the Commission.

(i) Each jockey shall acknowledge in writing that they have been made aware of the concussion protocols in place for the facility at which they are riding, it is the responsibility to the Permittee to collect and log that information;

(ii) A minimum assessment shall include the most current Sport Concussion Assessment Tool Examination, when necessary, and be performed by a medical professional authorized in Wyoming to perform such evaluation;

(iii) A return-to-ride guideline shall be established in order to clear a jockey who has been concussed, or believed to have been concussed, once the jockey is declared fit-to-ride by a medical professional authorized to do so; and

(iv) The Stewards shall be notified when a jockey is not permitted to ride and when a jockey has been authorized to return to riding.

(k) A Permittee shall provide adequate office space for the use of the Stewards and other Commission personnel as required by the Commission. The location and size of the office space, furnishings and equipment required under this section must be approved by the Commission.

(l) A Permittee shall promptly post Commission and Steward notices in places that can be easily viewed by patrons and licensees.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 4 Audio and Visual Equipment

(a) A Permittee shall provide photo finish devices with mirror image, when possible, to photograph the finish of each race and record the time of each horse in at least hundredths of a second. The location and operation of the photo finish devices must be approved by the Commission before its first use in a race. The Permittee shall promptly post a photograph of each photo finish for win, place or show in an area accessible to the public. The Permittee shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the Commission or Stewards. On request by the Commission or Stewards, the Permittee shall provide, without cost, a print of a photo finish to the Commission. Photo finish records of each race shall be maintained by the permittee for not less than six months after the end of the race meeting, or such other period as may be requested by the Stewards or the Commission.

(b) A Permittee shall provide a video replay system approved by the Commission. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review shall be provided in the Stewards' stand. The location and construction of video towers must be approved by the Commission.

(c) One camera, designated by the Commission, shall video the pre-race loading of all horses into the starting gate and shall continue to video them until the field is dispatched by the starter.

(d) One camera, designated by the Commission, shall video the apparent winner of each race from the finish line until the horse has returned, the jockey has dismounted and the equipment has been removed from the horse.

(e) The Stewards may, at their discretion, direct the video camera operators to video the activities of any horses or persons handling horses prior to, during or following a race.

(f) Races run on an oval track must be recorded by at least three video cameras. Races run on a straight course must be recorded by at least two video cameras.

(g) A Permittee shall, upon request, provide to the Commission or Stewards, without cost, a copy of a video of a race.

(h) Video recorded prior to, during and following each race shall be maintained by the Permittee for not less than six months after the end of the race meeting, or such other period as may be requested by the Stewards or the Commission.

(i) A Permittee shall provide a viewing room in which, on approval by the Stewards, an owner, trainer, jockey or other interested individual may view a video recording of a race.

(j) Following any race in which there is an inquiry or objection, the Permittee shall display to the public on designated monitors the video replays of the incident in question which were utilized by the Stewards in making their decision.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 5 Rails

(a) New rail installation after July 1, 2024, shall comply with the following specifications. Racetracks, shall have inside and outside rails, including gap rails, designed, constructed and maintained to provide for the safety of jockeys and horses. This means that they shall have structural integrity, free of cracks, breaks, and contain no exposed sharp edges or pins or joint protrusions. Wood rail systems are not permitted in new construction. Existing race rail shall be inspected by the Commission Safety Officer each year. Race rail deemed unsafe by the Commission Safety Officer must be corrected. Prior to installing a new rail system, Permittees will confirm with the Commission that any new rail is compliant.

(b) The top of the rail must be at least 38 inches but not more than 50 inches above the top of the cushion. The inside rail posts shall have a gooseneck shape of no less than 15 inches with a maximum of 24 inches, measured horizontally from the trackside of the gooseneck post to a point directly below the front edge of the trackside rail; the inside rail overhang shall have a continuous, smooth cover. The outside rail shares the same height as the inside rail and must have a minimum of a 12 inch and a maximum of 18 inch gooseneck shape.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 6 Starting Gate

(a) During racing hours, a Permittee shall provide an operable padded starting gate, approved by the Commission or Stewards.

(b) A permittee shall make available the starting gate and qualified starting gate personnel for schooling during designated training hours.

(d) If a race is started at a place other than in a chute, the permittee shall provide and maintain in good operating condition backup equipment for moving the starting gate. The backup equipment must be immediately available to replace the primary moving equipment in the event of failure.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 7 Lighting

(a) The Permittee shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees and horses. Lighting to ensure the proper operation of the video and photo finish equipment must be approved by the Commission or Stewards.

(b) The Permittee shall provide adequate additional lighting in the stable area as required by the Commission.

(c) If a Permittee conduct racing at night, the permittee shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 8 Equine Ambulance

(a) The permittee shall provide an equine ambulance staffed by trained personnel on permittee grounds on each day that the racetrack is open for racing or training.

(b) The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use.

(c) The ambulance must be a vehicle that is low to the ground and large enough to accommodate a horse in distress. The ambulance must be able to:

(i) Navigate on the racetrack during all weather conditions; and

(ii) Transport a horse off the permittee grounds.

(d) The ambulance must be equipped with:

(i) Large, portable screens to shield a horse from public view;

(ii) Ramps to facilitate loading a horse;

(iii) Adequate means of loading a horse that is down;

(iv) A rear door and a door on each side;

(v) A padded interior;

(vi) A movable partition to initially provide more room to load a horse and to later restrict a horse's movement;

(vii) A shielded area for the person who is attending to the horse; and

(vii) An adequate area for the storage of water and equipment.

(e) The Permittee may not conduct a race unless an equine ambulance or a Commission Veterinarian approved substitute is readily available.

(f) The equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance must be approved by the Commission Veterinarian.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 9 Barns

(a) The Permittee shall provide barns containing a sufficient number of stalls to accommodate all horses approved to race and all other horses approved to be on the grounds. The Permittee's stable area configuration and facilities must be approved by the Commission.

(b) The Permittee shall ensure that the barns are kept clean and in good repair. Each barn, including a receiving barn, must have water supply available, be well ventilated and have proper drainage and be constructed in a safe manner.

(c) The Permittee shall ensure that each horse is stabled in an individual box stall with minimum dimensions of 10 by 10 feet.

(d) Each barn shall be numbered and each stall shall be numbered and a record of each stall assignment shall be filed with the Racing Secretary.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 10 Test Barn

(a) The permittee shall provide a secured area and test barn for taking specimens of urine, blood, hair or other bodily substances or tissues for testing, approved by the Commission.

(b) The test barn must be equipped with at a minimum:

(i) Proper lighting and electrical receptacles and the ability to be secured;

(ii) A walk ring that is large enough to accommodate several horses;

(iii) An enclosed area (stall and office) that permits observation of the collection process and provides for the protection of collection personnel;

(iv) Facilities and equipment for the collection, identification and storage of samples;

(v) The test barn area shall be enclosed with a security fence and locking gates;

(vi) Running water; and

(vii) An area that can be used with proper drainage to wash each horse.

(c) A Permittee shall limit access to the test barn to persons authorized by the Commission Veterinarian. All entrances shall be locked or guarded at all times.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 11 Lightning

(a) The Permittee shall implement or subscribe to a commercial, real-time lightning detection service that has been independently and objectively verified. The lightning detection service must include strike distance/radius notifications enabling lightning delay decision-making. The detection service must be available to the Stewards at all times and to designated officials during racing and training hours.

(b) The Permittee shall designate a responsible official for monitoring lightning conditions during racing and training hours. When lightning is detected within an 8-mile radius of the racetrack, the designated official shall contact the Stewards which shall order suspension of all outdoor training or racing activities and alert participants to seek shelter. Racing and training activities may resume upon approval of the Stewards after the last lightning strike within an 8-mile radius as indicated by the lightning detection service.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.6.09112024 § 12 Rules of Sanitation

(a) Each Permittee shall make such sanitary arrangements as baths, toilets, etc., for the use of jockeys, mutuel employees, horsemen and other employees as may be required by the Commission.

(b) All facilities where food is served shall be maintained in sanitary condition and abide by county health department standards where operating.

(c) All used bedding and manure shall be removed from the stalls daily and shall be deposited at a place designated by the Permittee.

(d) Each trainer shall keep all hay, grain and other feed in a sanitary manner and covered.

(e) Any illness or unusual symptoms of illness shown by a horse shall be immediately reported by the trainer or attending veterinarian to the Commission Veterinarian, Stewards or the Commission.

(f) In case of any illness or unusual symptoms which might be contagious, the Stewards are empowered to employ, at the expense of the Permittee, a board of three veterinarians, licensed by the State of Wyoming, for the purpose of diagnosis, observation and/or treatment. The decision of the board to isolate any horse shall be binding upon the trainer and owner.

(i) The reasonable cost and expense of isolation, including keep and medical care, shall be borne by the owner or trainer of the horse during the period of isolation.

(ii) In event of the positive diagnosis of any infectious disease, the horse diagnosed shall remain isolated and quarantined for the period of time the Commission may determine.

(iii) A horse shall not be removed from quarantine without permission of the Stewards.

History

Effective 2024-09-11

Chapter 7 Licensing/Licensees

Wyo. Code R. 038.0001.7.01032024 Licensing/Licensees

CHAPTER VII

Chapter 7

Licensing / Licensees

Section 1. Licensing Generally.

(a) Any person who is engaged in or employed by those engaged in a pari-mutuel event racing or operating a race meeting and those who operate concessions under authority from any Permittee must be licensed by the Commission.

(i) Members of the Commission, appointed officials, and employees of the Commission shall be issued Commission identification badges in lieu of a license. The identification badges shall be authority to access any and all areas of the grounds.

(ii) Any charitable, religious or civic organization which is approved by the Commission to operate a concession or its employees, working without pay for their services, providing if the employee and concessionaire could meet all requirements of a licensee, may be furnished a "tax‑free" pass providing a list of the employees has been furnished to the Commission.

(iii) Any person who operates concessions, other than the permittee or an organization which qualifies under Sub-Section (ii) above, shall be licensed and approved by the Commission. A Concession operator shall furnish the Commission a list of all employees. A "tax free" pass may be furnished employees meeting all requirements of a licensee.

(iv) The Permittee shall furnish a list of all employees working in concessions, parking, or admissions. A "tax free" pass may be furnished, employees meeting all requirements of a licensee.

(v) "Tax free" passes furnished under Sub-Sections (ii), (iii), (iv) above will not be afforded access to restricted areas.

(b) The following annual fees shall be charged by the Commission for licenses:

(i) A two hundred and fifty ($250.00) dollar license fee:

Simulcast Service Supplier/Provider

(ii) A one hundred and fifty ($150.00) dollar license fee:

Live Event Totalisator Provider

Live Event Photo Finish Provider

Live Event Security Provider, if other than permittee

Concession Operator other than Chapter 7, Section 1, (a), (ii) above.

(iii) A thirty five ($35.00) dollar license fee:

Authorized Agent Owner/Trainer

Partnership (each partner)

Exerciser Permittee Official

Horsemen's Bookkeeper Plater

Jockey Pony Rider

Jockey Agent Roper

Jockey Apprentice Stable Name

Mutuel Official Trainer (& Asst. Trainer)

Outrider Veterinarian

Owner Vet. Assistant

(includes any part owner Vendor

or prospective owner)

(iv) A fifteen ($15.00) dollar license fee:

Asst. Starter Mutuel Employee

Concession Employee Permittee Employee

Gateman Security

Groom Valet

Jockey Runner Vendor Employee

(v) Each prepared photo bearing license must be worn when the licensee is acting in his official capacity on the grounds.

(vi) The fee for a duplicate license shall be ten ($10) dollars.

(c) Individual applicants will have the option of a one or three year license. The license fee for a one (1) year license shall be the annual fee for each category in which the person is licensed, the fee for a three (3) year license shall be three (3) times the annual fee for each category in which the person is licensed. Association and stable licenses shall expire on December 31 of each year issued.

(i) The Commission may renew licenses at their discretion without requiring fingerprinting or a national criminal history record background check, so long as a national criminal history record background check was completed and verified by the Commission within the last three (3) years.

(d) It is the responsibility of an employer to license his employees. The employment of a non-licensed individual may be cause for fine, suspension or both.

(e) No license will be granted to anyone less than sixteen (16) years of age if the employment will violate the child labor laws of the State of Wyoming.

(f) All applications for license shall be filed with the Commission who shall have the authority to issue the license or hold the application for further investigation.

(g) Every licensed person shall carry his license with him at all times.

(h) Any licensed person who allows another to use his license may be suspended, fined or both.

(i) The Commission may refuse to issue a license, or may suspend or revoke a license for the following:

(i) Conviction of a felony in any jurisdiction.

(ii) Engaging in bookmaking or touting.

(iii) Associating with bookmakers or touts.

(iv) Fraud or misrepresentation in connection with racing or pari-mutuel events.

(v) Violation of any racing law in any jurisdiction.

(vi) Violation of Commission rules or orders.

(vii) Refusal of a license by any other state racing commission or authority.

(viii) Falsifying his license application.

(ix) Financial irresponsibility in connection with racing or pari-mutuel events.

(x) Conduct which is detrimental to pari-mutuel events approved by the Commission, and would jeopardize the health, safety, and welfare of the equine athletes involved.

(j) The Commission may impose probationary sentences on licensees. Any licensee who violates any of the rules and regulations of the Commission during the period he is on probation shall have his license revoked and his case referred to the Commission.

(k) When a license is denied, revoked or suspended by the Commission or the Stewards it shall be reported to the Association of Racing Commissioners International and the American Quarter Horse Association, giving reasons why the action was taken.

(l) Every person whose license is suspended, revoked or denied by any other State must be reinstated by the state in which the original ruling was made before being licensed in Wyoming.

Section 2. Authorized Agent.

(a) Each authorized agent must obtain a license from the Commission.

(b) Application for a license must be filed for each owner represented.

(c) A written instrument signed by the owner must accompany the application and shall clearly set forth among the delegated powers whether or not the agent is empowered to collect money from the Permittee and the owner's signature must be acknowledged before a notary public.

(d) If the written instrument is a power of attorney, it shall be filed with the Commission. It shall be attached to the application.

(e) Any changes must be in writing and be filed with the Commission.

(f) The term of the license shall expire December 31, of each year unless the agent's appointment is revoked by the owner or the license is revoked by the Commission.

(g) Owner's revocations must be in writing, sworn to before a notary public and filed with the Commission.

Section 3. Colors.

(a) All racing colors carried in races shall be registered annually with the Commission.

(b) The annual fee is twenty ($20) dollars.

(c) No person shall start a horse in racing colors other than those registered in his own or assumed name, except that an owner may start a horse in colors registered to his or her trainer providing any horse owned by the trainer starts in the trainer's colors.

(d) Any disputes between claimants to the right of the particular racing colors shall be decided by the Stewards.

(e) The Commission will not permit the use of colors which in its opinion are not neat and clean and proper in other respects.

(f) Unless otherwise approved by the Commission, the standard colors for specific post positions shall be as follows:

Number 1‑‑‑Red Number 2‑‑‑White

Number 3‑‑‑Blue Number 4‑‑‑Yellow

Number 5‑‑‑Green Number 6‑‑‑Black

Number 7‑‑‑Orange Number 8‑‑‑Pink

Number 9‑‑‑Turquoise Number 10‑‑Purple

Number 11‑‑Grey Number 12‑‑Lime

(i) The Permittee shall supply the standard colors and may charge the owners a reasonable rental for the use and maintenance of the colors.

(g) Registered colors may be worn in all races.

Section 4. Jockeys.

(a) Each jockey must obtain a license from the Commission.

(b) No person under sixteen (16) years of age shall be granted a jockey's license.

(c) A person who has never ridden as a jockey shall not be granted a license as a jockey. (See Sec. 6 for apprentice jockey.)

(d) No jockey licensed in Wyoming shall be the owner or part owner of any horse racing in Wyoming.

(e) A jockey who is under contract shall not ride in any race without the consent an owner he is contracted with.

(f) Each Jockey who is under contract shall file a copy of each contract with the Commission and the Racing Secretary.

(g) All jockeys shall faithfully fulfill all engagements in respect to racing. Inability to fulfill engagements must be reported to and receive the approval of the Stewards.

(i) Any jockey having given a call personally or through his agent, who fails to fulfill the engagement may not accept another mount or be assigned to another mount in that race by the Stewards.

(h) A jockey may not ride in any race against a starter of his contract employer unless his mount and his contract employer's starter are both in the hands of the same trainer.

(i) When riding in a race a jockey must be neat in appearance. All riders must be dressed in clean jockey costume, cap and jacket of silk; white breeches of satin or waterproof material; and top boots. Jockeys must wear approved safety helmets in all races. Helmet weight shall not be included in the jockey's weight.

(j) A jockey must wear a safety vest when riding in any official race. The safety vest shall weigh no more than two pounds and be designed to provide shock absorbing protection to the upper body of at least a rating of five, as defined by the British Equestrian Trade Association (BETA).

(k) A jockey shall wear a number on his right arm (also on his left arm if the judges stand is in the infield) and the arm number and the saddle cloth number shall correspond to the number of the horse in the official program.

(l) Every jockey who is engaged to ride in a race shall report to the Jockey Quarters not less than one hour before post time for the first race. He shall then report his engagements and overweight to the clerk of scales. He shall not leave the Jockey Room except to view the races from a point approved by the Stewards or to ride in a race until all of his engagements of the day have been fulfilled. The Stewards may permit jockeys engaged for later races to report at a later hour.

(m) All jockeys must pass a physical examination once a year before the commencement of a meeting. The Stewards may require that any jockey be re‑examined and may refuse to allow any jockey to ride until he successfully passes the examination. If a jockey has previously passed an examination prior to his appearance at a track in this state, he must present a physical fitness card signed by the examining doctor that shows the date upon which the examination was made.

(n) A jockey shall not make a bet on any race.

(o) A jockey shall not accept the promise or token of any bet with respect to the race in which he is riding, except through or from the owner or trainer of the horse he rides and then only on that horse.

(p) Jockey riding fees must be paid to the Horsemen's Bookkeeper not later than thirty (30) minutes prior to post time of the first race on the day of the race.

(i) When purses of intermediate amounts are paid the fees for the next lowest purse figures shall be paid.

(ii) If any owner or trainer engaged two or more jockeys for the same race, he shall pay the losing fee for each engaged jockey not riding in the race as well as the proper fee to the jockey who does ride.

(iii) Engagement slips shall be used and shall determine all priorities. Signatures must be affixed by the owner or trainer and the jockey or his agent.

(iv) Jockey's fee shall be considered earned when the jockey weighs out for that race. The fee shall not be considered earned if the jockey voluntarily does not finish the race, except where injury to the horse or rider is involved.

(q) In a dead heat the jockeys involved shall divide equally the total sum of the fees they earned. The owners of the horses involved shall pay their equal share.

(r) A jockey who is under suspension will not be permitted to fulfill any engagements including stakes races.

(s) A jockey under suspension in any other state will not be permitted to ride in Wyoming during the suspension.

(t) The suspension of a jockey for an offense not involving fraud shall begin on the second day after the ruling unless otherwise ordered by the Stewards. A suspension for fraud shall begin immediately after the ruling.

(u) A jockey who is temporarily suspended may be permitted to exercise or gallop horses during the morning hours and to lodge on the grounds of the Permittee at night.

(v) Every jockey may have one agent and no more. All engagements to ride, other than those for his contract employer shall be made by himself or his agent; the one making the engagements shall be held responsible for the proper maintenance of the engagement book.

(w) No jockey shall have an attendant (valet) other than those provided by the Permittee. The attendants may be paid from an assessment collected from the jockeys.

(x) Employers retaining the same jockey have precedence according to priority of the retainers as specified in the contracts.

(y) Each jockey or his agent is responsible to be present at the draw and/or at scratch time to take care of his business. A jockey is obligated to ride the horses that he is named on unless he refuses the rides by scratch time.

(z) A jockey may not possess or use any electrical or mechanical device during any race. The owner and trainer may be penalized for a jockey violation of this rule.

Section 5. Jockey Agents.

(a) Each Jockey Agent must obtain a license from the Commission.

(b) The Stewards may permit an applicant to act pending decision on his application for a license.

(c) A jockey agent may handle no more than one jockey and one apprentice at the same time. A jockey agent shall not make or assist the making of any engagement for any rider other than those he is licensed to represent. The Stewards may approve a jockey agent's representing two journeymen if conditions justify.

(d) If a jockey agent gives up the making of engagements for any rider, he shall immediately notify the Stewards and the Racing Secretary and he shall also turn over to the Stewards a list of any unfilled engagements he may have made for that rider.

(e) Jockey agents must have in their possession at all times engagement books approved by the Stewards, and all engagements made for jockeys by agents must be recorded in the books. Books are subject to examination by the Stewards at all times.

(i) When an owner or trainer engages the services of a jockey through a jockey agent he must obtain a ticket from the jockey agent specifying whether or not he has first or second call on the services of the jockey. The calls must be declared at time of entry.

(ii) No person other than an owner, trainer, jockey agent or authorized agent of an owner shall make engagements for a jockey. A jockey not represented by an agent may make his own engagements.

(iii) Before each day's entries are taken jockey agents are required to file their first, second, and third calls in each race in the Racing Secretary's office with a person designated by the Stewards. If during the time entries are being taken, an agent should lose or pick up a call, he shall immediately add those calls to the one previously filed.

(f) Conflicting claims for the services of a jockey shall be decided by the Stewards and the first call shall have priority.

(g) A jockey agent shall not give to anyone any information or advice pertaining to a race or engage in the practice of "touting" for the purpose of influencing any person in the making of a wager on the result of any race.

(h) Any agent who falsifies his record shall be suspended by the Stewards and his case referred to the Commission.

(i) Jockey agents will be called upon to explain rival claims for any mount or for any rider and inability to satisfy the Stewards that the rival claim arose through honest error shall be considered a falsification of records.

(j) Jockey agents shall not be allowed in the paddock at any time except by permission of the Stewards.

Section 6. Jockey Apprentices.

(a) Jockey apprentices must obtain a license from the Commission.

(b) Jockey apprentices shall be bound by all rules for jockeys except as the rules may be in conflict with the following specific regulations for apprentices.

(c) The Stewards may grant a temporary license for the riding of two races and if approved by the Stewards the temporary license may be replaced with an apprentice jockey license.

(d) Apprentice certificates must be on forms supplied by the Commission and a duplicate original copy, along with a satisfactory record of birth, shall be filed with the Commission.

(e) An apprentice jockey shall ride with a five pound weight allowance beginning after his first mount and for one full year from the date of his fifth winning mount.

(i) If after riding one full year from the date of his fifth winning mount, the apprentice jockey has failed to ride a total of 40 winners from the date of his first winning mount, he shall continue to ride with a five pound weight allowance for one more year from the date of his fifth winning mount or until he has ridden a total of 40 winners, whichever comes first.

(ii) If an apprentice jockey is unable to ride for a period of 14 consecutive days or more after the date of his fifth winning mount because of service in the armed forces of the U.S.A., or because of physical disablement, the Commission may extend the time during which the apprentice weight allowance may be claimed for a period not to exceed the period the apprentice jockey was unable to ride.

(f) Any person between the ages of sixteen and twenty‑five, and if under age, with the written consent of his parents or guardian, may be granted an apprentice certificate and license in lieu of an apprentice contract. The apprentice certificate shall grant an apprentice all the allowances and conditions granted to the apprentice who is under contract and he may claim in all overnight races, except handicaps, all allowances as set forth in the rules and regulations governing apprentice jockeys.

Section 7. Owner.

(a) Each owner must obtain a license from the Commission and shall register with the Racing Secretary at each track all his horses, giving the name, color, sex, age and breeding of each horse.

(b) A license as an owner shall not be granted to a corporation or to the lessee of any corporation unless the corporation shall have no more than ten stockholders or members, each of whom shall be the registered and beneficial owner of stock or membership in the corporation. A corporation having more than ten stockholders shall not lease for racing purposes to any natural person or partnership any horse owned or controlled by it. Each stockholder must obtain an owners license. All the stockholders of a corporation which own or lease horses for racing purposes in Wyoming shall file with the Commission when requested, a report containing information the Commission may specify. If a stockholder fails to file the report the Commission may refuse a license to any lessee of the corporation or may revoke any license.

(i) Prior approval by the Stewards shall be required for leases. No licensee shall lease a horse for the purpose of racing at Wyoming tracks without prior approval of the Stewards.

(ii) The lessee and lessor shall hold an owners license.

(iii) A copy of the lease shall be furnished to the Commission. Each licensee who leases a horse racing at any meeting must submit a copy of that lease to the Commission. The lease must contain at least all of the conditions of the lease arrangement and the names of all parties and horses related to the lease. The failure to submit accurate and complete information under this rule is a violation of these rules.

(iv) Lessor information. When any lessor of a horse is a corporation, syndicate, partnership or other entity of multiple interest it shall furnish the Commission under oath the identification of its stockholders, members, partners, etc.

(c) If any owner changes trainers, he must secure permission of the Stewards and notify the Racing Secretary and cause the new trainer to sign his name on the owner's registration.

(d) No owner shall employ a jockey for the purpose of preventing him from riding in any race.

(e) No owner shall accept any bribe, gift or gratuity which might influence the result of any race.

(f) An owner shall see to it that a report is made promptly to the Racing Secretary and to the official veterinarian of any and all sickness of his horses.

(g) A stable may not have in its employment in any capacity any under age employee who has not been granted written permission by his parents or guardian or whose employment violates the law.

(h) The personnel of every stable and changes shall be registered by the trainer with the Commission.

(i) The owner of a horse ridden by a jockey in a race, who possesses or uses a mechanical or electrical device, may be penalized by loss of purse, etc.

Section 8. Partnerships.

(a) Partnerships, including husband and wife, must be licensed by the Commission.

(b) An authorized agent must be appointed to represent a partnership in all matters and only he shall withdraw money or sign claims for the partnership. A notarized instrument must be signed by all members of a partnership in the appointment of an authorized agent.

(i) The name and address of each person having any interest in the horses involved.

(ii) The relative proportions of the interests.

(iii) To whom the winnings are payable.

(iv) In whose name the horses shall run.

(v) Who has the power of entry and declaration.

(vi) The terms of any contingency, lease or any other arrangement.

(d) All partnership papers must be signed by all parties or by their authorized agent.

(e) In case of emergency, authority to sign declarations of partnerships may be given to the Commission by electronic means and promptly confirmed in writing.

(f) The part owner of any horse cannot assign his share or any part of it without the written consent of the other partners, the consent to be filed with the Commission and the Racing Secretary.

(g) An alteration in a recorded partnership registration must be reported in writing to the Commission and signed by all the partners.

(h) All parties to a partnership and each of them shall be jointly and severely liable for all stakes, forfeits and other obligations.

Section 9. Stable Names.

(a) All names used that do not reveal the actual identity of the owner shall be considered a "Stable Name" and must be licensed with the Commission.

(b) When applying to race under a Stable Name the applicant must disclose the identity behind the Stable Name. If multiple ownership or a partnership is involved in the identity, the Rules covering partnerships and/or multiple ownerships must be complied with.

(d) A person cannot register more than one Stable Name at the same time, nor can he use his real name for racing purposes so long as he has a registered Stable Name.

(e) Any person who has been registered under a Stable Name may cancel it after he has given written notarized notice to the Commission.

(f) A person cannot register as his Stable Name one which has been registered by any other person with an Association conducting a recognized meeting, with the Jockey Club of New York, or with another racing authority.

(g) A person may not register as his Stable Name one which is the real name of any owners of race horses nor one which is the real name of any prominent person not owning race horses.

(h) A trainer who is a licensed owner or part owner may use a Stable Name as owner or part owner providing he is the trainer for the Stable Name owner. No trainer may be licensed as a trainer other than in his legal name.

(i) A Stable Name shall be plainly distinguishable from that of another registered Stable Name. When appearing on the program, the Stable Name must be accompanied by the legal name of the owner. If the Stable Name has more than one owner, one legal name of an owner must appear followed by the term "et al".

(j) A corporate name shall be considered a Stable Name for the purposes of these Rules, but the Commission reserves the right to refuse any corporation the privileges of registering a Stable Name or racing as a corporation unless Section 7 of these rules are complied with.

(k) If more then one (1) person races with a Stable Name registered as the owner, an authorized agent shall be appointed and he shall transact all business.

Section 10. Trainers / Assistant.

(a) No person shall be eligible to hold a trainer's license unless he:

(i) Is at least 19 years old.

(ii) Is qualified in the opinion of the Stewards by reason of experience, background and knowledge of racing.

(iii) Passes a written examination administered by the Stewards.

(iv) Passes a "barn test" administered by horsemen's representatives under the supervision of the Stewards.

(b) Each trainer must obtain a license from the Commission. He shall list all the names of owners or part owners of all horses trained by him.

(d) The Stewards may permit a trainer to act pending action on his application for license, but under no circumstances shall his name appear on a program as trainer nor shall he enter the paddock prior to a race until the license has been issued.

(e) Each trainer shall register with the Racing Secretary all the horses in his charge giving the name, age, sex, breeding and ownership of each. Any horse stabled on the grounds of the Permittee or under the jurisdiction of the Permittee without having been registered, or occupying a stall not assigned for him will be cause for disciplinary action.

(f) Absence from stable or grounds:

(i) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than two racing days and his horses are entered or are to be entered, he must provide a licensed trainer to assume the complete responsibility of the horse or horses he is entering or running. The licensed trainer shall sign in the presence of the Stewards a form furnished by the Commission, accepting complete responsibility of the horses being entered or running and of the absent trainer's other horses stalled on the grounds.

(ii) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of not more than two racing days, and his horses are entered or are to be entered, he may name an assistant trainer who is licensed by the Commission to assume the complete responsibility of the horses the trainer plans to enter or run and all other horses the trainer has stalled on the grounds.

(iii) Assistant trainers have the same duties as trainers, and are equally responsible with the regular trainer as the absolute insurer of the condition of horses in their care.

(g) A licensed trainer may represent the owner in the matter of entries, declarations and the employment of jockeys, but shall not be allowed to withdraw any money from the Permittee either in his own name or that of an owner nor may he contract obligations against the account of any owner or part owner unless he is the authorized agent of the owner or part owner and has an authorized agents license.

(h) A trainer shall be responsible for the condition of a horse trained by him, and shall be the absolute insurer of that horse's condition during a race, subject to rebuttal of the presumption.

(i) Each trainer shall register with the Commission every person in his employ. He is responsible for the licensing of each employee. He shall not harbor, engage or retain any person that is not licensed.

(j) A trainer shall not have in his charge nor under his supervision any horse owned in whole or in part by a disqualified person.

(k) A trainer shall not accept any bribe, gift or gratuity in any form which might influence the result of any race.

(l) A trainer shall not move any horse in his care from the grounds of a Permittee without permission of from the Racing Secretary or the Stewards.

(m) A trainer shall not employ a jockey for the purpose of preventing him from riding in any race, nor allow a jockey to possess or use any electrical or mechanical device during a race.

(n) A trainer shall promptly report any and all sickness of his horses to the Racing Secretary, to the Official Veterinarian and to the Stewards.

Section 11. Veterinarians.

(a) Every veterinarian who examines or treats a horse whose papers are on file in the Racing Secretary's office or treats a horse that is going to be entered as a haul‑in entry must be licensed by the Commission.

(b) Each veterinarian must report to the Commission Veterinarian and the Stewards no later than 9 a.m. on the following morning on forms supplied by the Commission the following:

(i) The name of the horse examined and/or treated.

(ii) The name of the owner and trainer of the horse.

(iii) The diagnosis made and the name and amount of all drugs and medicines prescribed or administered.

(iv) The name and amount of all drugs and medicines prescribed for future use by the trainer.

(c) The penalty for falsification of any report or the failure to submit the record shall be permanent barring from the racing enclosures under the jurisdiction of the Commission.

(d) Veterinarians practicing on a race track shall use one time disposable type needles and shall dispose of them in an approved manner.

(e) The use of other than single use disposable syringes is prohibited. Syringes are to be disposed of in a proper manner.

History

Effective 2024-01-03

Chapter 8 Conduct of Races

Wyo. Code R. 038.0001.8.09112024 § 1 General Rules

(a) Each Permittee shall conduct horse racing only between the hours of 12 noon and sundown unless otherwise specifically authorized by the Commission.

(b) The maximum number of races per day shall be ten (10) unless additional races are approved by the Stewards and/or the Commission.

(c) A maximum of ten (10) Quarter Horse and twelve (12) Thoroughbred horses shall start in any race in Wyoming unless special permission is received from the Commission.

(d) All straight races shall be eligible for up to ten (10) horse participation. Races around the turn on tracks of less than 3/4 mile circumference shall start a maximum of eight (8) horses. The number of horses to compete in stakes races will be limited to the horses duly nominated but not in excess of the number of stalls in the starting gate.

(e) Post time of the first race at each meeting must be approved by the Commission or Stewards.

(f) No horse shall be destroyed on the racing strip except at the discretion of the Commission Veterinarian. Whenever possible a horse shall be loaded into the horse ambulance, removed to a place out of the vision of the public, and be destroyed by the Commission Veterinarian, or his designee.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 2 Medication Procedures for Horse Races

(a) No horse participating in a race shall carry in its body any foreign substance except as provided in these Rules.

(b) A finding by the chemist that a foreign substance is present in the test sample shall be prima facie evidence that such foreign substance was administered and carried in the body of the horse while participating in a race. Such a finding shall also be taken as prima facie evidence that the trainer and his agents responsible for the care or custody of the horse have been negligent in the handling or care of the horse. The presumption of negligence may be rebutted by competent evidence, otherwise the absolute insurer rule for trainers will be deemed to have been violated.

(c) No Androgenic-Anabolic Steroid shall be permitted in a test sample collected from racing horses except for residues of the major metabolite of stanozol, nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.

(d) Concentrations of these Androgenic-Anabolic Steroids shall not exceed the following urine threshold concentrations for total (i.e., free drug or metabolite and drug or metabolite liberated from its conjugates):

(i) Hydroxystanozolol (metabolite of stanozol (Winstroll))-1 ng/ml in urine for all horses regardless of sex;

(ii) Boldenone (Equipoise is the undecylenate ester of boldenone) in male horses other than geldings- 15 ng/ml in urine. No boldenone shall be permitted in geldings or female horses.

(iii) Nandrolone (durabolin is the phenylpropionate ester and Deca-Durabolin is the decanoate ester)

(A) In geldings- 1 ng/ml in urine

(B) In fillies and mares- 1 ng/ml in urine

(iv) Testosterone

(A) In geldings- 20 ng/ml in urine

(B) In fillies and mares- 55 ng/ml in urine

(e) Any other Androgenic-Anabolic Steroid are prohibited in racing horses.

(f) Post-race urine or blood samples collected from intact males must be identified to the laboratory.

(g) Any horse to which an anabolic steroid has been administrated in order to assist in the recovery from illness or injury may be placed on veterinarian's list in order to monitor the concentration of drug or metabolite in urine. After the concentration has fallen below the designated threshold for administrated Androgenic-Anabolic Steroids, the horse is eligible to be removed from the list.

(h) A foreign substance of accepted therapeutic value may be administered as prescribed by a veterinarian when test levels and guidelines for its use have been established by the Veterinary-Chemist Advisory Committee of the Association of Racing Commissioners International and approved by the Commission.

(i) No substance shall be administered to a horse entered to race within twenty-four hours prior to post time of the race in which the horse is entered except that furosemide ("Lasix") may be administered under the supervision of the Commission Veterinarian as prescribed in these Rules.

(j) When a foreign substance of accepted therapeutic value is administered or prescribed by a veterinarian for a horse that is entered to race, the veterinarian must make a report of that substance and submit the report to the Commission Veterinarian by 9:00 a.m. of the race day and must report immediately following administration of Lasix.

(k) The administration of 250 milligrams of furosemide ("Lasix") shall be permitted four or more hours prior to post time for the prophylactic treatment of a known bleeder.

(l) Bute is the only approved non-steroidal anti-inflammatory drug (NSAID) that may be present in a horse's body while it is participating in a race. The presence of more than one NSAID at any test level is forbidden. A horse running on an approved NSAID will be required to run on an approved NSAID in all subsequent races at the meet, unless special permission for the horse to be removed from the "bute" list is granted by the Commission Veterinarian and the Stewards.

(m) The test level of phenylbutazone and its metabolites under this rule shall not be in excess of three (3) micrograms per milliliter (MCG/ML) in the blood.

(n) Each and every horse entered to race may be subjected to a veterinary examination for racing soundness and health on race day.

(i) Such an examination shall be referred to as the "Racing Soundness Exam".

(ii) All such examinations shall be conducted in or near the stall to which the animal is assigned and shall be conducted by a veterinarian employed by the Commission or approved by it.

(iii) All horses shall be on the grounds of a permitted event at least six (6) hours

prior to the official post time for the first race to ensure their availability to receive the Racing Soundness Exam.

(iv) The veterinarian shall keep a continuing health and racing soundness record of each horse examined.

(v) A horse that is scratched as a result of the Racing Soundness Exam shall be placed on the regulatory veterinarian list and is ineligible for entry until such time as the horse is removed from the list by the Commission Veterinarian.

(o) Every horse that suffers a breakdown on the race track, in training or in competition, and is destroyed, and every other horse which expires while stabled on the race track shall undergo a post-mortem examination at a time and place acceptable to the Commission Veterinarian to determine the injury or sickness which resulted in euthanasia or natural death.

(i) The post-mortem examination required under this rule will be conducted by a veterinarian employed by the owner or his trainer in the presence of, or in consultation with, the Commission Veterinarian.

(ii) Test samples must be obtained from the carcass upon which the post- mortem examination is conducted and shall be sent to a laboratory approved by the Commission for testing for foreign substances and natural substances at abnormal levels. When practical, samples should be procured prior to euthanasia.

(iii) The owner of the deceased horse shall make payment of any charges due the veterinarian employed by him to conduct the post-mortem examination. The services of the Commission Veterinarian and the laboratory testing of post-mortem samples shall be made available by the Commission without charge to the owner.

(iv) A record of every post-mortem shall be filed with the Commission by the owner's veterinarian within 72 hours of the death.

(v) Each owner and trainer accept the responsibility for the post-mortem examination provided as a requisite for maintaining the license issued by the Commission.

(p) The Commission may direct the official laboratory to retain samples for future analysis.

(q) The fact that purse money had been distributed prior to the issuance of a laboratory report shall not be deemed a finding that no chemical substance has been administered in violation of these Rules to the horse earning the purse money. No portion of any purse shall be redistributed as a result of a positive finding for a preserved sample after the 16th day following the race in question.

(r) Disciplinary action for a positive finding of a preserved sample shall be taken at the discretion of the Commission.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 3 Entries

(a) The Racing Secretary is the person authorized to receive entries and declarations.

(b) A horse must be eligible at the time of starting.

(d) Entries and declarations shall be made in writing and signed by the owner of the horse, or his authorized agent or some person deputized by him, and each Permittee shall provide blank forms on which entries and declarations are to be made.

(e) Entries may be made by telephone or other means approved by the Stewards, but must be confirmed promptly in writing.

(f) A signed entry blank shall be prima facie evidence that the contents of the entry blank express the desires and intent of the person making entry.

(g) Entries shall be closed at an advertised time. The Racing Secretary may postpone closing of overnight races.

(i) When an hour for closing is designated, entries and declaration for sweepstakes cannot be received afterwards.

(ii) If an hour for closing is not designated they may be mailed or transmitted by other means approved by the Stewards up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

(iii) If a miscarriage of any entry or declaration in a stake is alleged, satisfactory proof that it was mailed or transmitted by other means approved by the Stewards must be presented within a reasonable time.

(h) No alteration shall be made in any entry after closing of entries, but an error may be corrected.

(i) Entries which have closed shall be compiled and posted without delay by the Racing Secretary.

(j) In entering a horse:

(i) It must be clearly identified by stating its age, name and color;

(ii) State whether it is a horse, mare, or gelding and the names of its sire and dam. If the registration certificate indicates the dam was covered by more than one stallion the names of all of them must be given in order of service;

(iii) A horse shall be properly identified by its lip tattoo, unique microchip (ISO 11784), or other method approved by the Commission. The lip tattooing and microchipping must be done by a person authorized to do so by the appropriate horse registry. A horse must be properly identified to be eligible to start; and

(iv) The Racing Secretary shall ensure that the registration certificates for all Thoroughbred horses entered to race that were foaled in 2018, or thereafter, have a "Digital Tattoo." This Digital Tattoo shall indicate that the Thoroughbred Racing Protective Bureau has confirmed the identity of the horse and uploaded digital photographs to the breed registry database.

(k) The holder of a claim, whether it is a mortgage, bill of sale or lien of any kind against a horse shall be required to file the claim with the Racing Secretary previous to the time the horse is entered. If the holder fails to file the claim he shall forfeit his rights to the winnings of the horse.

(l) At the time of registration of any horse and before an entry may be made for any race, a registration certificate properly endorsed to the current owner must be filed with the Racing Secretary. The Stewards may waive this requirement if the horse is otherwise properly identified.

(m) The Racing Secretary shall have the right to withdraw or change any unclosed race. Any race appearing in the Condition Book shall be given a reasonable opportunity to fill as it was written before being withdrawn or changed. If a race is declared off, the Racing Secretary may divide any overnight race which may have closed. Post positions for the divided races will be redrawn.

(n) If the number of entries to any purse race is in excess of the number of horses that may be permitted to start, the "starters" for the race and their post positions shall be determined by lot in the presence of those making the entries. The same methods shall be employed in determining the starters and post positions in split races.

(o) A list of names (number to be determined by the Racing Secretary) may be drawn from the overflow entries and listed as "also eligible" to start if and when horses originally carded are scratched. Horses gaining a position in the race from the "also eligible" list shall be determined by lot.

(p) If the owner of a horse on the "also eligible" list is not given the opportunity of starting his horse because of insufficient "scratches" the name of the horse shall be placed on the preferred list.

(i) If a substitute race or extra race is used or placed on the overnight to be used if needed, all horses that were entered and not given the opportunity of starting shall be placed on the preferred list.

(ii) In case of an "entry" the preferred horse only shall be placed on the preferred list unless the second choice of an entry should be included in another division of a divided race and does not gain a position in the race (may not exclude a single interest) then he shall be placed on the preferred list.

(q) In a stakes race finals there is no also eligible list. In the event of a disqualification due to ineligibility the purse will be divided among the remaining entries.

(r) Any horse which has drawn a position in a race and enters again on the next day that entries are taken shall be termed an "in-today" horse and if the race in which the horse is entered over fills the horse shall be given no consideration whatsoever, stakes excepted. A horse on the "also eligible" shall not be considered as an "in-today" horse until he has actually been given a position in the race.

(s) A copy of the preferred list will be posted each afternoon and any claim of error must be made by 5 p.m. of that day. Only claims of error made within the prescribed time will be recognized by the Stewards.

(t) In entering horses on the preferred list a claim of preference must be made at the time of entry and noted on the entry or the preference shall be lost. No claim of error will be considered by the Stewards if the person making the claim has signed an entry which does not show the claim.

(u) No more than two horses of the same ownership or interest shall be entered in a purse race, and both may start, except:

(i) When making an entry, the trainer must express a preference and in no case may two horses start as an entry even though uncoupled for wagering purposes if it deprives a single entry from starting, except in the case of a "maiden" entering in a winners race or an "In Today Horse".

(ii) On tracks of less than 3/4 mile in circumference stakes rules will not apply. Due to the limit on the number of horses allowed to participate in a race, the rules of entering and declaring for a purse race will be followed in every race.

(iii) Horses remaining eligible in stakes but eliminated because of these rules will cause a refund of all fees paid for that horse.

(iv) Any stakes race may be canceled by the Permittee prior to the actual running with no obligation except the return of all paid fees.

(v) An entry of a horse in a sweepstakes is a subscription to the sweepstakes. An entry before the time of closing may be altered or withdrawn.

(w) Entrance money is not refunded on the death of a horse or his failure to start.

(x) The nominator is liable for the entrance money or stake, and the death of a horse or a mistake in its entry does not release the subscriber or transferee from liability for stakes. The entrance money to a purse that is run off shall not be returned on the death of a horse or its failure to start for any cause.

(y) No horse will be allowed at a track and no horse shall be entered or permitted to start unless a current health certificate showing that the horse has been examined and found to be free from symptoms of any infectious disease is on file with the Racing Secretary.

(i) The health certificate is valid when it is made by a licensed and accredited veterinarian in the state where the examination was made. It is current if it is within thirty (30) days prior (unless otherwise directed by the Wyoming State Veterinarian) to the date the horse arrives at a Wyoming race track for the first time in a calendar year. A horse shall not require a new health certificate when shipping directly from a Wyoming race track to another, if the certificate is dated within thirty (30) days of shipping. The certificate shall include the temperature of the horse at the time he is examined. The Permittee conducting the race meeting is responsible for compliance with this ruling.

(ii) A negative EIA (Coggins AGID or ELISA) test is required within twelve (12) months prior to arrival.

(iii) A negative Theleria equi (Piroplasmosis) cELISA test is required within twelve (12) months prior to arrival.

(z) No owner or trainer shall enter or start a horse that:

(i) Is not in sound racing condition.

(ii) Is a known bleeder unless approved by the Commission Veterinarian.

(iii) Has been "nerved" except:

(A) The registration or entry of a horse on which a posterior digital (heel nerve) neurectomy or permanent block has been performed may be accepted if the condition is reported to the Racing Secretary at the time of registration or if the horse is already registered in at the time of the operation.

(B) The Racing Secretary shall make the information available to other licensees and cause the turf authority certificate to be stamped indicating the operation has been performed. Any nerved horse will require an examination and approval by the Commission Veterinarian before being entered.

(aa) A horse shall not become a starter for a race unless all stakes or entrance money for the race have been paid.

(bb) When a person is ruled off a course or suspended, every horse owned in whole or in part by him or under his care and control shall be ineligible to be entered or start in any race until the horse has been reinstated, either by the rescinding of his owner's penalty or by his transfer through bona fide sale to an ownership acceptable to and approved by the Stewards or the Commission.

(cc) When a person is ruled off a course or suspended, he shall not be qualified, whether acting as agent or otherwise, to subscribe for or to enter or run any horse in any race either in his own name or in that of any other person until the rescinding of such penalty.

(dd) No person shall willfully enter or start a horse which he knows or believes to be ineligible or disqualified.

(ee) A horse shall not be qualified to start in any race unless he has been and continues to be properly entered.

(ff) No horse shall run on a transfer except claimed horses. (See claiming section.)

(gg) The Stewards or Racing Secretary shall have power to call on any person in whose

name a horse is entered to produce proof that the horse entered is not the property of any person who is disqualified, or to produce proof of the extent of his interest or property in the horse, and in default of proof being given to their satisfaction, may declare the horse out of the race.

(hh) No horse shall be allowed to enter or start in any race unless:

(i) It has been registered with the Registry Office of the Jockey Club of New York, The American Quarter Horse Association or the official stud book and registry of any other breed which maintains a national stud book and registry.

(ii) The registration certificate is on file with the Racing Secretary, with the exception of those horses whose registration certificate is on file in electronic form.

(A) The Stewards may waive this requirement for horses shipped in from a race meet operating within Wyoming if the horse is properly identified. The registration certificate must be on file with the Racing Secretary one (1) hour prior to post time of the first race of the day.

(B) Exceptions may be made by the Stewards if the horse has been shipped to a track for a special race and the horse has been currently racing at another recognized meeting, but only after positive identification has been made.

(ii) If a horse's name is changed, his new name shall be registered with the Jockey Club of New York, the registry of the American Quarter Horse Association or the recognized national stud book and registry of any other breed, and no entry shall be accepted until a new registration certificate has been issued.

(jj) No horse shall be permitted to start whose name and true ownership is not registered with the Racing Secretary.

(kk) A horse involved in multiple ownership shall not be permitted to enter or to start until the rules for the registration of multiple ownership have been complied with.

(ll) A horse shall not be qualified to be entered or to start in any race if it is owned or is under the management of a disqualified person.

(mm) If an entry from any disqualified person or a disqualified horse is received the entry shall be void and any money paid for the entry shall be returned if the disqualification is disclosed forty-five (45) minutes before post time for the race, otherwise any such money shall be paid to the winner.

(nn) No disqualified horse shall be allowed to start in any race.

(oo) A horse is ineligible to start a race when it is wholly or partially owned by the spouse of a disqualified person or a horse is under the management of the spouse of a disqualified person, in such cases it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted.

(pp) No horse on the schooling list, the Veterinarian's list or on the Stewards list shall be qualified to be entered or to start.

(qq) If a horse is sold to a disqualified person the horse's racing engagements shall be void as of the date of the sale.

(rr) No horse shall be allowed to enter or to start in any race if the owner of that horse is in arrears, except with the approval of the Stewards.

(ss) The entry of any horse which has been excused from starting on account of sickness or physical disability will not be accepted for a minimum of two (2) racing days, exclusive of the day of scratch. The entry must be accompanied by a certificate of fitness from the track veterinarian and be approved by the Stewards.

(tt) A maiden over five (5) years of age or any horse over twelve (12) years of age will not be allowed to start unless special permission is granted by the Commission.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 4 Engagements and Transfer

(a) If a horse is sold by private treaty or at public auction, the written acknowledgment of both parties is necessary to prove the fact that he was sold with his engagements, but when a horse is claimed out of a claiming race, the horse's engagements are included. The sale under any circumstances, to a person ruled off or to a disqualified person, shall not give the person the privilege of racing the horse.

(i) No horse entered in a race may be sold or transferred until after the race in which he is entered has been run without permission of the Stewards. Neither shall a horse that is entered be transferred to another trainer until after the race in which he is entered has been run without permission of the Stewards.

(ii) When a horse is sold or transferred, the transfer authorization shall be filled out in triplicate by the Stewards and filed with the Racing Secretary and the Commission. The form to be furnished by the breed association.

(b) Subscriptions and all entries or rights of entry are valid:

(i) When a horse is sold with his engagements transferred.

(ii) When subscriptions, entries and rights of entries survive in the remaining partners in registered partnerships.

(iii) When entries under the decedent's subscription have been made previous to the decedent's death by the transfer of the right of entry.

(c) Subscriptions and all entries or rights of entry under them become void on the death of a subscriber except in cases of registered partnerships or except subject to the sanction of the Stewards when the personal representative of an Estate shall in writing, request that the benefits shall accrue to the Estate of the decedent subscriber for the privilege of transfer, and shall agree to assume any and all obligations incident to the original entries.

(d) In case of any transfer of a horse with its engagements, the horse will not be eligible to start in any stakes, unless at the time of the running of the stakes the transfer of the horse and its engagements can be exhibited to the Racing Secretary.

(e) No person shall make or receive the transfer of a horse or engagement for the purpose of avoiding disqualification.

(f) So long as the name of a person is on the arrears list, no engagements can be transferred or accepted by him, and no horse can be entered by him or under his subscription for any race.

(g) When a seller fails to strike a horse out of an engagement not sold or transferred with the horse, the purchaser is not entitled to start the horse or to the stakes if he wins.

(h) Should a horse be sold with his engagements, or any part of them, the seller cannot strike the horse out of any of the engagements.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 5 Produce Races

(a) In naming an entry for a produce race, the produce is entered by specifying the dam and sire.

(b) If a mare entered in a produce race drops her foal before January or if she has a dead or more than one foal, the entry of the mare is void.

(c) Entrance money shall be returned if the nominator or transferee notifies the Permittee of proper grounds for voiding an entry in a produce race in advance of the date specified for the notice in the conditions of the race.

(d) Weight allowances for the produce of untried horses must be claimed at the time of entry.

(e) The nominator in produce races, or races in which nominations of foals are made, shall be released from further liability with regard to the entry by filing an acceptable transfer of entry prior to the declaration date stated in the conditions of the race.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 6 Wyoming-Bred Horses

(a) Definitions.

(i) ACCREDITED means the process of certifying a horse's eligibility to participate in the Wyoming Bred Program by the Commission.

(ii) ACCREDITED WYOMING BRED RACING STOCK means any horse used for racing purposes foaled in the state of Wyoming and out of an accredited Wyoming broodmare and is registered with the Commission.

(iii) ACCREDITED WYOMING BROODMARE is a female horse (mare) used for breeding purposes and physically located within the borders of the state of Wyoming, to include tribal lands and federally owned property and is registered with the Commission.

(iv) ACCREDITED WYOMING STALLION means a male horse (stallion) used for breeding purposes and physically located within the borders of the state of Wyoming, to include tribal lands and federally owned property and is registered with the Commission.

(v) BREEDER of a horse is the owner of its dam at the time of foaling.

(vi) BREEDER AWARD means monies collected pursuant to W.S. § 11-25-201(j) and distributed by the Commission to promote the improved breeding and development of the horse industry in Wyoming. Breeder awards may include purse enhancement of Wyoming Bred races.

(vii) BREEDING SEASON is from January 1 through December 31.

(viii) STATE BREED REGISTRAR is the Commission staff member responsible for Wyoming Bred Horse accreditation.

(ix) RE-ACCREDITED means the Commission certification process after a previously accredited mare or stallion has been suspended or otherwise removed from the Wyoming Bred Horse program.

(b) The following fees shall be assessed when accrediting, re-accrediting, or transferring ownership of a Wyoming Bred Horse:

(i) Accredited Wyoming Bred Racing Stock - birth to January 1 of the two year old year; seventy five dollars ($75.00).

(ii) Accredited Wyoming Bred Racing Stock - after January 1 of the two year old year; two hundred and fifty dollars ($250.00).

(iii) Accredited Wyoming Broodmare; two hundred dollars ($200.00).

(iv) Re-Accredited Wyoming Broodmare; two hundred dollars ($200.00).

(v) Accredited Wyoming Stallion; three hundred dollars ($300.00).

(vi) Re-Accredited Wyoming Stallion; three hundred dollars ($300.00).

(vii) Ownership transfers of Accredited Wyoming Bred Horses; fifteen dollars ($15.00).

(i) The Commission may deny or suspend an owner's participation in the Wyoming Bred Program for violations of Pari-Mutuel Rules, Chapter 2, Section 2(x), Corrupt Practices.

(ii) An accredited Wyoming Bred Racing Stock horse shall be accredited prior to participation in races to receive breeder award fund monies.

(iii) For an embryo transfer or oocyte process foal to be eligible as an accredited Wyoming Bred Racing Stock horse, it must be a genetic offspring of an accredited Wyoming broodmare.

(iv) Multiple foals, foals conceived in the same season by a single broodmare are eligible for accreditation.

(A) An accredited Wyoming broodmare that produces multiple foals in a single season using the transferred embryo or oocyte process must submit a multiple embryo transfer report. The report must be submitted on or before December 1 of the year of conception. The report shall be submitted to the state breed registrar.

(B) The recipient mare must be permanently identified to include specifically but not exclusively, copies of registration certificates, brands, markings, tattoos, and I.D. chips.

(C) All donor and recipients mares shall be, at all times, physically located within the borders of the state of Wyoming, to include tribal lands and federally owned property. Donor and recipient mares may leave the state for breeding, medical, or sale purposes. Owners shall notify the Commission in writing at least twenty-four (24) hours prior to any movement, whether in-state or out of state, for any non-emergency purposes. Owners shall notify the Commission of emergency movements as soon as reasonably possible, and provide the Commission written verification of a medical emergency from a licensed veterinarian. Donor and recipient mares moved from their certified location to another location without proper notification shall be suspended. The suspension shall be for the remainder of the current breeding season through the end of the next breeding season.

(D) In the event that a death of the donor mare occurs, all foals conceived prior to the death are eligible for accreditation.

(v) Any horse accredited as racing stock must be re-accredited as an accredited Wyoming broodmare or an accredited Wyoming Stallion.

(vi) A mare shall be accredited as an accredited Wyoming broodmare by August 15 of the year in which an eligible foal is conceived.

(A) The mare owner shall certify the location where the mare is physically located and where the mare is going to foal, if different from the certified location. The certification shall be submitted to the Commission.

(B) A mare may leave the state of Wyoming for breeding, medical, sale, or racing purposes without losing its accreditation provided the mare returns to the state of Wyoming each year before August 15. If an accredited Wyoming broodmare permanently moves out of state or fails to properly notify the Commission, in writing prior to leaving, she will lose her accreditation and must be re-accredited to return to the program.

(C) The mare owner shall notify the Commission in writing at least twenty-four (24) hours prior to any movement, whether in-state or out of state, for any non-emergency purpose. Owners shall notify the Commission of emergency movements as soon as reasonably possible, and provide the Commission written verification of a medical emergency from a licensed veterinarian. Mares moved from their certified location to another location without proper notification shall have their accreditation suspended and must be re-accredited to return to the program. The suspension shall be for the remainder of the current breeding season through the end of the next breeding season.

(vii) A Stallion shall be accredited by January 1 of the breeding season to receive stallion award funds from the resulting accredited Wyoming bred racing stock foal(s).

(A) The stallion owner shall certify the location where the stallion is physically located at all times. The certification shall be submitted to the Commission in writing.

(B) The stallion owner shall notify the Commission in writing at least twenty-four (24) hours prior to any movement whether in-state or out of state for any non-emergency purposes. Owners shall notify the Commission of emergency movements as soon as reasonably possible, and provide the Commission written verification of a medical emergency from a licensed veterinarian. Stallions moved from their certified location to another location without proper notification shall have their accreditation suspended and must be re-accredited to return to the program. The suspension shall be for the remainder of the current breeding season through the end of the next breeding season.

(C) An accredited Wyoming Stallion must be physically located the entire breeding season in the state of Wyoming. A stallion may leave the state for racing, medical or sale purposes as long as he returns to the state of Wyoming each year before December 1. A stallion may not be accredited for a particular foal unless all foals conceived in that season, other than foals conceived by shipping semen process, were conceived in the state of Wyoming.

(D) In the event of a death of the accredited Wyoming Stallion during the breeding season, all foals conceived prior to the death are eligible for accreditation. The stallion owner is eligible to receive breeder's award funds as long as all other requirements are met.

(viii) All accredited stallions and mares are subject to inspections throughout the year to verify compliance with this section. Inspections may be conducted at random and without prior notice. Any attempts to verify the physical location will be made within reason. If the Commission is unable to verify the horse is at the certified location, the horse shall have its accreditation suspended and must be re-accredited to return to the program.

(d) Every Permittee licensed by the Commission shall offer at least one accredited Wyoming-Bred quarter horse race and one accredited Wyoming-Bred thoroughbred race each day during its meeting. If sufficient competition cannot be had among this class of horses on any day, another race for said day may be substituted. An accredited Wyoming-Bred race is considered filled when at least six accredited Wyoming-Breds are entered.

(e) The Commission may approve breeder award funds to be distributed to owners of accredited Wyoming Bred racing stock horses winning non Wyoming-Bred races run at a Wyoming permitted track. The Commission shall distribute the remainder of breeder award funds on a calendar year basis using the following formulae:

(i) Forty percent (40%) to breeders of accredited Wyoming-Bred racing stock horses.

(ii) Forty percent (40%) to owners of accredited Wyoming-Bred racing stock horses.

(iii) Twenty percent (20%) to owners of accredited Wyoming Stallions physically located in the state of Wyoming at time of service to mares producing Wyoming-Bred racing stock horses.

(f) The Wyoming-Bred funds shall be distributed on a point basis. The formula to determine points is as follows:

(i) The number of points for a race is determined by the numbers of starters. The winner shall receive a number of points equivalent to the number of starters in a race. The second place horse in a race shall receive one less point than the winner and so on, until the last place horse, which shall receive one point.

(ii) A horse which starts in a race but does not finish shall not be awarded points.

(g) Trophies or other awards must be approved by the commission and may not exceed the amount of interest in the Breeders Award fund account.

(h) Any horse found to be in violation of this section shall have its accreditation suspended by the Commission Director and must be re-accredited to return to the program. The suspension shall be for the remainder of the current breeding season through the end of the next breeding season.

(i) Any foals or crop conceived during a suspension are ineligible and shall be denied entry into the Wyoming Bred Program.

(j) Multiple violations by a participant or individual Wyoming Bred Horse may have the case referred to the Commission for further action.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 7 Post Position

(a) Post positions shall be determined publicly by lot in the presence of the Racing Secretary or his deputy and at least one Steward.

(b) Horses gaining a position in the race from the "also eligible" list will acquire their post positions as follows:

(i) If the race is run on a straightaway the also eligible horse will be given the post position that was drawn for the horse that was scratched.

(ii) If the race is run around a turn the horses originally drawn for the race will be moved in towards the number l post position in the order of the draw and the also eligible horse will be given the outside post position.

(c) Beginning from the inside rail, the horses shall take their positions at the post in keeping with the numerical order resulting from the public drawing. The Stewards may permit an unruly horse to be removed from an inside position and place him on the outside.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 8 Declarations and Scratches

(a) No horse shall be considered scratched or declared out of an engagement until the owner or his authorized agent or some person deputized by him shall have given notice in writing to the Racing Secretary before the time stipulated by the regulations of the Permittee.

(b) If a horse is not named through the entry box the day before the race at the usual time of closing the horse is automatically out of a stakes race.

(d) Scratches from stakes races will close forty-five (45) minutes before post time.

(e) If the miscarriage of any declaration by mail or otherwise is alleged, satisfactory proof of the miscarriage shall be required of the complainant, otherwise the declaration shall not be accepted.

(f) A horse in an overnight race cannot be scratched without the approval of the Stewards.

(g) A report from the Veterinarian may be requested by the Stewards and shall be used only as an aid in determining the final decision of a request to scratch.

(h) All horses appearing on the overnight sheet are considered to be available for the race until official scratches are announced. Being on the also eligible list does not give preference in scratching.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 9 Naming of Jockeys

(a) Jockeys shall be named not later than scratch time of the day of the race.

(b) Any subsequent change of a jockey must be sanctioned by the Stewards and must be promptly and publicly posted and announced.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 10 Postponement and Cancellation of Races

(a) If the whole or a part of a racing program is abandoned, any purse race involved must be declared off.

(b) If the whole or a part of a racing program is abandoned, any stakes race involved may be postponed or declared off.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 11 Weight Penalties and Allowances

The following weights are carried when they are not stated in the condition of the race;

SCALE OF WEIGHTS FOR AGE

AGE

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

ONE-HALF MILE

105

108

111

114

117

119

121

123

125

126

127

128

129

130

5&UP

130

SIX FURLONGS

102

105

108

111

114

117

119

121

123

125

126

127

128

129

130

5&UP

130

ONE MILE

102

107

111

113

115

117

119

121

122

123

127

128

127

126

5&UP

128

127

126

ONE AND A QUARTER MILE

101

107

111

113

116

118

120

121

122

125

127

126

5&UP

127

126

ONE AND A HALF MILES

104

108

111

114

117

119

121

122

124

126

5&UP

126

5&UP

126

AGE

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

TWO MILES

102

106

109

112

114

117

119

120

124

126

125

124

5&UP

126

125

124

5&UP

126

125

124

(a) In races of intermediate lengths the weights for the shorter distance are carried.

(b) In all races except handicaps and races where the conditions state to the contrary, fillies two years old are allowed three pounds, and fillies and mares three years old and upward are allowed five pounds before the first of September and three pounds after September 1.

(c) Minimum weight in all overnight races for two-year olds, for three-year olds or for four-year olds and upward shall be 112 pounds subject to sex and apprentice allowance. This rule shall not apply to handicaps or to races written for three-year olds and upwards.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 12 Penalties and Allowances

(a) Penalties and allowances are not cumulative unless so declared by the conditions of the race, and shall take effect at the time of starting, except that in overnight events a horse shall have only the allowance to which it was entitled at the time of entry.

(b) Penalties are obligatory. Allowances are optional as to all or any part and in overnight events must be claimed at the time of entry.

(c) Allowances to the produce of untried horses shall be claimed before the expiration of the time for naming, and shall not be lost by winning after that time.

(d) No horse shall receive allowance of weight or be relieved from extra weight for having been beaten in one or more races, but this rule shall not prohibit maiden allowance to horses that have not won a race within a specified period or a race of a specified value.

(e) Failure to claim a weight allowance by oversight or omission is not cause for disqualification. Claims of weight allowance to which a horse is not entitled shall not disqualify unless the incorrect weight is carried in the race. A fine may be imposed upon the person claiming allowance to which his horse is not entitled.

(f) If an underweight is discovered prior to the actual start, a correction must be made and immediately announced to the public. If wagering has already started on the race, a refund will be made if desired prior to the actual start. No less than three (3) minutes must be permitted for refunding even though post time has to be delayed.

(g) Eligibility, penalties and allowances of weight for all races will be determined after considering the reports, records and statistics published by the Daily Racing Form and/or other statistical publications, but responsibility for weight carried and eligibility still remain with the owner and trainer as prescribed by the Rules.

(h) No horse shall incur a weight penalty for placement from which he is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement. No such placement shall make a horse ineligible to a race which has already been run.

(i) When a race is in dispute, both the horse that finished first and any horse claiming the race shall be liable to all penalties attaching to the winner of that race until the matter is decided.

(j) Races written to be run under "Scale of Weight or Weights for Age" shall be run under the weights as provided for in the Scale of Weights Charts in these Rules.

(k) The Racing Secretary may write races either above or below scale as he may see fit.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 13 Weighing Out

(a) The jockeys shall be weighed out for their respective mounts in each race by the Clerk of the Scales not less than twenty (20) minutes before the time fixed for the race. In case of substitution of rider after the original rider has been weighed out, the substitute rider shall be weighed out as promptly as possible and the name of the substitute and his weight publicly announced and posted.

(b) A jockey may not carry overweight in excess of two pounds without permission of the owner or trainer and under no circumstances shall the overweight exceed seven pounds.

(c) Whip or whip substitute, head number, bridle, bit, reins, blinkers, number cloth, safety helmet or safety vest shall not be included in a jockey's weight.

(d) A bridle shall not exceed two (2) pounds, a safety vest shall not exceed two (2) pounds and a whip shall not exceed one (1) pound unless approved by the Stewards.

(e) Except when riding for his contract employer a jockey shall not be weighed out for any race unless his fee for a losing mount in the race has been deposited for him with the horsemen's bookkeeper. The failure to deposit or guarantee the fee for the engaged jockey may be cause for declaring the horse out of the race and the owner and/or trainer penalized by the Stewards.

(f) The Permittee shall provide the only attendants who will be permitted to assist jockeys in weighing out or at any other time while in the performance of their duties. The attendants shall be approved by the Commission and be licensed.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 14 Paddock to Post

(a) Permission for any change of equipment from that which a horse carried in his last previous race, during the current meeting, must be obtained from the Stewards.

(b) Permission to add blinkers to a horse's equipment or to discontinue the use of them must be approved by the Starter before being granted by the Stewards. Permission to use or discontinue bar plate shoes must be approved by the Stewards.

(c) Permission to use or discontinue the use of a tongue tie must be secured from the Stewards. Under no circumstances shall the material to be used as a tongue tie be furnished by anyone other than the trainer of the horse on which it is to be used. No employee of the Permittee shall be allowed to tie the tongue or replace or repair a tongue tie.

(d) Whips and/or blinkers may be used on two-year-olds and other first starters if schooled before the Starter with the equipment and approved by him and the Stewards before entry time.

(e) The use of plastic bridles and/or reins is prohibited.

(f) Permission must be obtained from the Stewards to exercise a horse on the track between races. When a horse is being warmed up or exercised public announcement shall be made, giving the name of the horse and explaining his presence on the track.

(g) In a race each horse shall carry a conspicuous saddle-cloth number and a head number corresponding to his number on the official program. In case of a coupled-entry each horse making up the entry shall carry the same number with a distinguishing letter. For example, 1, 1A, 1B. In case of a field, the horses comprising the field shall carry an individual number; i.e. 10, 11, 12 and so on, or 10, 10A, 10B and so on.

(h) Horses must be in the paddock at least twenty (20) minutes before post time.

(i) Every horse must be saddled in the paddock unless special permission has been granted by the Stewards to saddle elsewhere. A trainer shall attend his horse in the paddock and shall be present to supervise his saddling unless he has obtained permission of the Stewards to send another licensed trainer as a substitute.

(j) After entering the track not more than twelve (12) minutes shall be consumed in the parade of the horses to the post except in cases of unavoidable delay. After passing the stand once, the horses will be allowed to break formation and canter, warm up or go as they please to the post unless otherwise directed by the Stewards. When horses have reached the post, they will be started without unnecessary delay.

(k) After the horses enter the track, no jockey shall dismount and no horse shall be entitled to the care of an attendant without consent of the Stewards or the Starter and the horse must be free of all hands other than those of the jockey or assistant starter before the starter releases the barrier (gate).

(l) In case of accident to a jockey or to his mount or equipment, the Stewards or the Starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended during the delay.

(m) If a jockey is thrown on the way from the paddock to the post, the horse must be remounted, return to the point where the jockey was thrown and then proceed over the route of the parade to the post. A horse must carry his assigned weight from paddock to post and from post to finish.

(n) If a jockey is so injured on the way to the post as to require another jockey, the horse shall be taken to the paddock, another jockey obtained, and then ridden over the incomplete portion of the exact route of the parade to the starting point.

(o) If a horse leaves the course while moving from paddock to post, he shall return to the course at the nearest practical point to that at which he left the course, and shall complete his parade to the post from the point at which he left the course.

(p) No person shall willfully delay the arrival of a horse at the post.

(q) No person other than the rider, starter or assistant starter shall be permitted to strike a horse or attempt by shouting or otherwise to assist it in getting a start.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 15 Post to Finish

(a) Should an accident or malfunction of the starting gate, or other unforeseeable event compromise the fairness of a race or the safety of race participants, the stewards may declare individual horses to be non-starters, exclude individual horses from one or more pari- mutuel pools or declare a "no contest" and refund all wagers except as otherwise provided in the rules involving multi-race wagers.

(b) When a race is around a turn a horse may be taken to any part of the course when clear, but no horse shall cross or weave in front of other horses in such a way as to impede them or constitute or cause interference or intimidation.

(c) When a race is run on a straightaway every horse must maintain position as nearly as possible in the lane in which he starts. If a horse is ridden, drifts, or swerves out of his lane in such a manner that he interferes with or impedes another horse it is a foul. The offending horse may be disqualified, when in the opinion of the stewards, the outcome of the race was affected. This shall apply whether the foul was caused by the horse or by the rider and whether it was caused willfully or by carelessness.

(d) No horse or jockey shall willfully jostle another horse.

(i) Jockeys shall make every effort to prevent their horse from lugging in or out in a manner which interferes with another horse.

(ii) Jockeys shall not ride in such a manner as to endanger another horse or jockey.

(e) During a race no jockey shall willfully strike, strike at or touch another jockey or another jockey's horse or equipment for the purpose of interfering with that horse or jockey.

(f) Jockeys must be in full control of their horse before applying the whip. No jockey shall use the whip more than is reasonably necessary under the circumstances or ever strike a horse on the head.

(g) Careless or sloppy riding will not be permitted.

(h) No jockey shall unnecessarily cause his horse to shorten his stride.

(i) All horses shall be ridden out in every race and must carry their assigned weight from post to finish.

(j) All horses are expected to give their best efforts in races in which they run and any instructions or advice to jockeys to ride or handle their mounts otherwise than for the purpose of winning are forbidden and will subject all persons giving or following such instructions or advice to disciplinary action by the Stewards and the Commission.

(k) If two horses run in one interest in any race, each shall give his best effort. The practice of declaring to win with one or the other of the horses will not be allowed.

(l) The Stewards shall take cognizance of foul riding and may entertain reports from other racing officials of the meeting whether or not formal complaint is made; otherwise no complaint shall be considered which comes from any person other than the jockey, trainer or owner of the horse interfered with.

(m) If a horse is disqualified for a foul under these rules, any other horse in the race owned wholly or in part by the same interest may also be disqualified. No refunds.

(n) If a horse leaves the track after the "Start" he must be disqualified.

(o) If a horse during the running of a race, becomes crippled or otherwise obviously unable to finish (broken bone or profuse bleeding or any other equally disabling condition), he shall be dismounted, unsaddled and removed from the track without passing the stand.

(i) If a bone is broken the horse will remain on the track until the horse ambulance arrives and removes him.

(ii) If destruction of the animal is determined necessary, the destruction will be accomplished by the Commission Veterinarian, or his designee, in a place out of the vision of the public and its removal after destruction shall be the responsibility of the Permittee.

(iii) The jockey will not be required to weigh in.

(p) A trainer shall be present following the running of a race to attend to his horse or have a licensed employee present for that purpose.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 16 Weighing In

(a) After a race has been run and after he has pulled up the horse he has ridden, the winning jockey shall ride promptly to the winner's circle, dismount after obtaining permission from the judges and present himself to the Clerk of Scales to be weighed in.

(b) If a jockey is prevented from riding his mount to the judge's stand because of an accident or illness either to himself or his horse, he may walk or be carried to the scales, or he may be excused by the Stewards from weighing in. In no case shall the jockey ride a horse bleeding profusely or crippled by a broken bone past the public stands, nor shall he attempt to lead him or have him led past the public stands.

(c) Every jockey must upon returning to the placing judge's stand, unsaddle the horse he has ridden and no person shall touch the horse except by his bridle except with permission from the Stewards.

(d) No person shall assist a jockey in removing the equipment that is to be included in the jockey weight from his horse except with permission of the Stewards.

(e) No person shall throw any covering over any horse at the place of dismounting until the jockey has removed the equipment that is to be included in his weight.

(f) A jockey shall not willfully touch any person or things other than the equipment that is to be included in his weight before weighing in.

(g) To weigh in each jockey shall carry over the Scales, all pieces of equipment with which he weighed out.

(h) Each jockey shall weigh in at the same weight as that at which he weighed out, and if short by more than two (2) pounds, his mount shall be disqualified.

(i) No jockey shall weigh in at more than two (2) pounds over the weight at which he weighed out except as the weight may have been affected by the elements.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 17 Winnings

(a) The winnings of a horse in a race shall be computed on the value of the gross earnings. Winning of a fixed sum is understood to be winning it in one race unless specified to the contrary.

(b) Winnings during a year shall be reckoned from January 1 of that year.

(c) Winner or non-winner of a specified sum means winner, or non-winner of a single race of that value to the winner unless otherwise stated.

(d) In computing the value of a series of races in which an extra sum of money is won by the winning of two or more races of the series, the extra amount shall not be included in the horse's winnings until the series is finished and the extra amount is definitely ascertainable. When ascertained it shall be added to the race which determined the extra amount.

(e) The entrance money, starting and subscription fees in every race shall go to the winner unless otherwise provided in its conditions, but when a race is not run, for any cause, all stakes or entrance money shall be returned.

(f) Winnings shall include all monies won in all countries up to the time appointed for the start, including walkovers and forfeits but not second and third money nor the value of a prize not in money.

(i) In estimating foreign winnings the current rate of exchange at the time of the winnings shall be adopted.

(ii) The value of prizes not in money will not be estimated in the value of the race to the winner.

(g) If the condition of a race provides that a bonus or prize be paid to a person in the forfeit list, the bonus or prize shall be applied to the payment of the forfeits and the balance shall be paid to the person.

(h) In a case of walkover (except in claiming races) one-half of the money offered to the winner is given. When a walkover is the result of arrangement by owners of horses engaged, no portion of the added money nor any other prize need be given.

(i) Any money or prize which by the conditions is to go to the horse placed second, or in any lower place in the race, shall, if the winner has walked over or no horse has been placed, be dealt with as follows:

(i) If part of the stake, it shall go to the winner, or

(ii) If a separate donation from the Permittee or any other source it shall not be given at all, or

(iii) If entrance money for the race it shall go to the winner.

(j) If a race is not run or is declared void, stakes, forfeits and entrance money shall be returned.

(k) Race may be declared void if no qualified horse covers the course according to rule.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 18 Walking Over

(a) If at the time for saddling only one (1) horse shall have weighed out, that horse shall be ridden past the judge's stand, go to the post and then move over the course. He shall then be deemed the winner.

(b) In case of a walkover, the horse walking over shall receive:

(i) In an overnight race, one-half of the winner's rightful share of first money;

(ii) In stakes races, one-half of the winner's rightful share of the added money and all fees.

(c) In case of a walkover any money or prize, which by the condition of the race would have been awarded to a horse placed second or lower in the race, shall be paid to the winner if the money or prize is contributed by the owners. If a donation is from any other source it shall not be awarded.

(d) In case of a walkover of two or more horses and the horses move over the course, these rules apply as to the division of the purse.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 19 Dead Heats

(a) When two or more horses run a dead heat, the dead heat shall not be run off.

(b) The owners of the horses in a dead heat shall divide equally the purse money involved.

(c) If a dead heat is for first place, each horse shall be considered a winner of the amount received according to the preceding rule.

(d) When a dead heat is run for second place and an objection is made to the winner of the race and sustained the horses which run the dead heat shall be deemed to have run a dead heat for first place.

(e) Owners shall divide equally all monies and other prizes and if no agreement can be reached as to which of them shall receive a cup, plate or other indivisible prize, they shall draw lots for it in the presence of one or more of the Stewards.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 20 Test Barn, Blood, Urine, Hair and Other Samples

(a) An area within a suitable building must be set aside and be under the supervision of the Commission Veterinarian for the purpose of collecting specimens for any tests required by the Commission. The building, its location, arrangement, furnishings and facilities must be approved by the Commission.

(i) No unauthorized person shall be admitted at any time to the building or the area utilized for the purpose of collecting the required specimens or the area designated for the retention of horses pending the obtaining of the specimens.

(ii) A guard must be in attendance during the hours designated by the Commission. The guard must be approved by the Commission.

(b) The winner of every race shall be taken immediately to the testing enclosure for examination by the Commission Veterinarian. The Commission or the Stewards may designate that any other horse in the race may be examined. The examination shall be conducted by taking any or all of the following tests: blood, urine, hair or saliva. The tests shall be conducted under the supervision of the Commission Veterinarian.

(c) The Stewards may require that any horse be sent to the testing enclosure for the taking of specimens of saliva, urine, hair and/or blood and such other examination as shall be directed.

(d) The Commission Veterinarian may also require the taking of any specimens from any horse stabled at a track during a meeting with the approval of the Stewards.

(e) The owner, the trainer or other authorized representative must be present when a blood, urine, hair or other specimen is taken from his horse, and must remain until the specimen is sealed and the official form signed by the owner or trainer or his representative as witness to the taking of the specimen. Willful failure to be present at or a refusal to allow the taking of any specimen, or any act or threat to impede or prevent or otherwise interfere shall subject the guilty person to immediate suspension and the matter shall be referred to the Commission for such penalty as it may determine.

(i) If for any reason the trainer of a horse is not or cannot be present at the time of collection of urine, blood or hair it shall be deemed by the Commission that the person actually in custody of the horse is authorized to witness the taking and sealing of the specimen and has the trainer's authority to sign as witness.

(ii) If a claimed horse is sent to the test barn, a representative of both the former owner and the new owner shall accompany the horse to the test barn. The claiming of any horse shall not diminish the responsibility of the former owner and trainer for compliance with the statutes and rules of racing as to the claimed horse.

(f) All specimens taken by the Commission Veterinarian shall be delivered to the laboratory of the Official Chemist for analysis. Each specimen shall be marked and bear information as may be essential to its proper analysis, but the identity of the horse from which the specimen was taken or the identity of its owner, trainer, jockey or stable shall not be revealed to the Official Chemist. The container of each specimen shall be sealed as soon as the specimen is placed in it.

(g) The Official Chemist shall be a member in good standing of the Association of Official Racing Chemists and shall make all reports directly to the Executive Director or his designee and to the State Steward.

(h) The Commission Veterinarian, the Stewards or the authorized representatives of the Commission may take samples of any medicines or other materials suspected of containing improper medication or drugs, which could affect the racing condition of a horse in a race, which may be found in stables or elsewhere on race tracks or in the possession of tracks or any person connected with racing. The samples shall be delivered to the Official Chemist for analysis under the same conditions as prescribed in paragraph (f).

(i) No action shall be taken by the Stewards on the report of the Official Chemist until the medication or drug has been properly identified and the horse from which the specimen was taken has been identified. Written confirmation of the test results shall immediately be sent to the State Steward following verbal transmission of those results to the State Steward.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 21 Alcohol and Drug Testing of Participants

(a) Alcohol Prohibition/Breathalyzer Test.

(i) No licensee or employee of any entity associated with the conduct of a pari-mutuel event shall have present within his system any amount of alcohol in excess of .05 percent content while on the grounds of a permitted pari-mutuel event.

(ii) Acting with reasonable cause, the Stewards or a designated Commission representative may direct any licensee or employee to submit to a breathalyzer test. The licensee or employee shall when so directed submit to the examination. If the results show a reading of .05 percent alcohol content or more, the licensee or employee shall then be subject to fine or suspension by the Stewards or the Commission. If any licensee or employee refuses to submit to a breathalyzer test he shall be subject to a suspension until such time as he does submit to the test.

(iii) For subsequent violation the licensee or employee may be subject to Procedures Following Positive Chemical Analysis (see par. c).(b) Drug Prohibition/Body Fluid Test.

(b) Drug Prohibition/Body Fluid Test

(i) No licensee or employee of any entity associated with the conduct of a pari-mutuel event while on the grounds of a permitted pari-mutuel event shall have present within his system any controlled substance as listed in schedule(s) I through V of the U.S. Code, Title 21, or any prescription legend drug unless the prescription legend drug was obtained directly or pursuant to valid prescription or order from a duly licensed physician who is acting in the course of his professional practice.

(ii) Acting with reasonable cause, the Stewards or a designated Commission representative may direct any licensee or employee to deliver a specimen of urine in the presence of Commission authorized personnel or subject himself to the taking of a blood sample or other body fluids by Commission authorized personnel.

(iii) In such cases the Stewards or the Commission representative may prohibit the licensee or employee from participating in the day's racing or until such time as the licensee or employee evidences a negative test result.

(iv) A sufficient sample shall be collected to insure a quantity for a split sample when possible.

(v) Refusal by a licensee or employee to provide the samples as directed shall be in violation of these rules and shall subject the licensee or employee to sanction by the Stewards or the Commission.

(vi) All testing shall be at the expense of the Commission.

(i) For a licensee's or employee's first violation he may not be allowed to participate in a pari-mutuel event until his condition has been professionally evaluated.

(A) After professional evaluation, if the licensee's or employee's condition proves non-addictive and not detrimental to the best interest of the event, the licensee or employee shall be allowed to participate in the event provided he can produce a negative test result and agrees to further testing at the discretion of the Stewards or designated Commission representative to insure his unimpairment.

(B) After professional evaluation, should the licensee's or employee's condition prove addictive or detrimental to the best interest of the event the licensee or employee shall not be allowed to participate in the event until such time as he can produce a negative test result and show documented proof that he has successfully completed a certified alcohol/drug rehabilitation program approved by the Commission. The licensee or employee must agree to further testing at the discretion of the Stewards or Commission representative to insure his unimpairment.

(ii) For a licensee's or an employee's second violation, he shall be suspended and allowed to enroll in a certified alcohol/drug rehabilitation program approved by the Commission. The licensee or employee will be permitted to apply for reinstatement only at the discretion of the Commission.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 22 Claiming

(a) In claiming races any horse is subject to claim for the entered price by any owner licensed by the Commission and in good standing who has at least one eligible horse registered with the Racing Secretary of a race meet in Wyoming or by any licensed owner with a valid Claim Certificate. Any other person who wishes to claim a horse must complete a Prospective Horse Owner's Application form and must be approved by the Stewards or the Commission. A Claim Certificate shall become void on the date of a successful claim. Nothing in this rule shall be construed as prohibiting the approving as a Prospective owner a person who has been licensed as an owner during the calendar year by the Commission.

(i) The fee for a claim certificate is twenty-five ($25) dollars.

(ii) Any horse is subject to claim by a Prospective Owner or his agent providing the Prospective Owner has applied to and been approved by the Stewards or the Commission. The Prospective Owner shall comply with all licensing requirements prior to submitting a claim. The names of the Prospective Owners shall be prominently displayed in the offices of the Commission and the Racing Secretary.

(b) No one may claim more than one horse out of any one race.

(i) No trainer, even though he is an owner and qualified under the Rules to claim, may submit a claim out of the same race in which the owner of horses trained by him has submitted a claim. If such an act inadvertently occurs, the claim made by the trainer shall be declared void.

(ii) No authorized agent, although representing more than one owner, shall submit more than one claim in any one race.

(iii) When a stable consists of horses owned by more than one owner and trained by the same trainer, not more than one claim may be entered on behalf of the stable in any one race. In case such an act inadvertently occurs the owners shall compete by lot for the right to claim.

(iv) When a stable consists of horses owned by more than one owner, trained by the same trainer, the owners will not be eligible to claim from the trainer's stable.

(c) Any horse claimed shall not be sold or transferred wholly or in part to anyone for thirty (30) days except in another claiming race. The horse shall not remain in the same barn or under the control or management of its former owner or trainer for a like period unless reclaimed. It shall not race elsewhere until after the close of the meeting at which it was claimed, except by permission of the Stewards at the meeting at which it was claimed.

(i) The Commission may permit or ratify the sale or transfer of a horse claimed at a Wyoming meeting in the period of thirty (30) days after the date of claiming upon petition of the owner.

(ii) When a horse is claimed at a recognized meeting under rules which are at variance with this rule, title to the horse shall be recognized in Wyoming to follow the rule of the meeting under which it was claimed.

(d) The claiming price of each horse in a claiming race shall be printed on the program, and all claims for the horse shall be for the amount designated. Should more than one claim be filed for the same horse, the disposition of the horse shall be determined by lot under the direction of one or more of the Stewards or one deputized to act for them.

(e) All claims must be in writing on forms and in envelopes approved by the Commission. Both forms and envelopes must be filled out completely and accurately, otherwise the claim will be void. The envelope must be sealed and deposited in a locked box provided for this purpose. No money shall accompany the claim. Each person desiring to make a claim must first deposit with the Permittee the whole amount of the claim in cash, unless at the time of depositing the claim he shall have the amount of the claim to his credit and unencumbered with the Permittee. The spelling of a horse's name on the official program on the day of claiming shall be considered to be the accurate spelling for the purpose of claiming.

(f) When a claim has been filed it is irrevocable and at the risk of the claimant. If a claimed horse has had a posterior digital (heel nerve) neurectomy and as not complied with requirements in, Sec.3 (z), (i), (aa). The claimant shall have forty-eight (48) hours from the start of the race from which the horse was claimed to file a protest which must be supported by an affidavit made by a licensed veterinarian and the Commission Veterinarian.

(g) A turf authority registration certificate for each horse entered in claiming races must be in possession of the Racing Secretary. When ownership changes as a result of a claim, the Racing Secretary shall cause the registration certificate to be properly endorsed prior to transfer to the new owner's file. A claimed horse may run on a transfer if papers, transfer and fees are in the possession of the Racing Secretary.

(h) All claims must be deposited in the claiming box at least ten minutes before the time fixed for the race to begin and not later, and no official shall give any information as to the filing of claims until after the race has been run. All claims shall be passed upon by the Stewards.

(i) A horse claimed shall not be delivered by the original owner to the successful claimant until authorization shall be given by the Stewards. Every horse claimed shall run in the interest and for the account of the owner who entered it in the race, but title to the claimed horse shall be vested in the successful claimant from the time the horse becomes a "starter" and the successful claimant shall become the owner of the horse whether it is alive or dead, sound or unsound, or injured during the race or after it.

(j) The Stewards shall be the sole judges of the quality of the horses in the stable of the claimant and may declare any claim void.

(k) Any person making a claim for a horse in any claiming race shall sign an affidavit which shall be part of the claim blank, certifying that he is claiming the horse for his own account or as an authorized agent and not for any other person. Any person making an affidavit falsely shall be immediately suspended and his case referred to the Commission for further action.

(l) No person shall refuse to deliver a horse claimed out of a claiming race to the person entitled to receive the horse under these rules. The horse in question shall be disqualified along with all other horses owned or trained by the person refusing to deliver until delivery is made.

(m) No person or persons shall enter or allow to be entered in a claiming race a horse against which any claim is held, either as a mortgage, bill of sale, or lien of any kind, unless when entering the horse the written consent of the holder of the claim is filed with the Permittee conducting the race.

(n) An owner who ships all of his horses away from a meeting or withdraws the registration certificates of horses owned by him forfeits immediately his right to claim at the meeting, but may re-earn that right by again starting a horse at that meeting and by fully complying with these Rules.

(o) Should any stable be eliminated by sale or removal from the grounds, the right to claim shall be void. When a stable has been eliminated by claiming, the owner so affected shall have the right to claim a horse during the next thirty (30) days at any recognized meeting in this state even though all or a portion of the next thirty (30) racing days takes place in the following calendar year. If another horse has not been claimed or acquired prior to the completion of the meeting at which his stable was eliminated, the owner may obtain a Certificate of Eligibility form the Stewards to claim without representation at any track in the State within the prescribed time. (Certificate must be enclosed in envelope with completed claim form.) The same type certificate may be issued by the Stewards to an owner whose stable has been eliminated by fire or other disaster. If another horse is acquired and registered for racing in Wyoming prior to exercising his right to claim without representation, the owner shall immediately surrender his Certificate of Eligibility.

(p) A claim shall be voided if a horse is a starter as determined by the Stewards, and the horse:

(i) Dies on the racetrack; or

(ii) Suffers an injury that requires the euthanasia of the horse as determined by the Commission Veterinarian while the horse is on the racetrack.

(q) A claim is voidable at the discretion of the new owner for a period of one (1) hour after the race is made official, for any horse:

(i) That is vanned off the track at the direction of the Commission Veterinarian; or

(ii) That is observed by the Commission Veterinarian to be lame or unsound while on the racetrack for that race.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 23 Time Trial Qualifiers

When two or more-time trial contestants have the same qualifying time to a degree of 1/100's of a second or more (exact measurement if photo finish equipment permits), for fewer positions in the finals or consolation necessary for all contestants then they shall be drawn by lot. However, no contestant may draw into a finals or consolation instead of a contestant which outfinished such contestant. When scheduled races or trial heats for futurities or stakes races are electronically timed from the starting gates, no organization licensee shall move the starting gates or allow the starting gates to be moved until all trial heats are complete except in an emergency or for track renovation as determined by the Stewards.

History

Effective 2024-09-11

Wyo. Code R. 038.0001.8.09112024 § 24 Sponsor Progeny Races

(a) It is the Permittee's responsibility, as licensee, to ensure the payment of all purse monies and to submit requested information to the Commission although some entity or person other than the Permittee may be the race sponsor.

(b) The Permittee shall provide the Commission with a copy of written race conditions and executed contracts between the organization and race sponsors.

(c) All purse monies shall be deposited in the horsemans' bookkeeper account prior to the running the trials of any sponsored progeny race.

History

Effective 2024-09-11

Chapter 9 Rules of Pari-Mutuel Betting

Wyo. Code R. 038.0001.9.04242017 Rules of Pari-Mutuel Betting

Microsoft Word - CHAPTER 9 Rules for Pari-Mutuel Betting1

CHAPTER 9

RULES FOR PARI-MUTUEL BETTING

Section 1. Mutuels - General Provision.

(a) General

Each Permittee 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 as required by the Commission.

(b) Records

(i) The Permittee shall maintain records of all wagering so the Commission may review such records for any contest including the opening line, subsequent odds fluctuation, 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 Permittee and safeguarded for a period of time specified by the Commission. The Commission may require that certain records be made available to the wagering public at the completion of each contest.

(ii) The Permittee shall provide the Commission with a list of the licensed individuals afforded access to pari-mutuel records and equipment at the wagering facility.

A pari-mutuel ticket is evidence of a contribution to the pari-mutuel pool operated by the Permittee and is evidence of the obligation of the Permittee 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 Permittee shall cash all valid winning tickets when such are presented for payment during the course of the meeting where sold, and for one full year immediately following the date of purchase.

(i) To be deemed a valid pari-mutuel ticket, such ticket shall have been issued by a pari-mutuel ticket matching operated by the Permittee 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 Permittee operating the meeting.

(B) A unique identifying number or code.

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 interest 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.

(ii) No pari-mutuel ticket recorded or reported as previously paid, cancelled, or non-existent shall be deemed a valid pari-mutuel ticket by the Permittee. The Permittee may withhold payment and refuse to cash any pari-mutuel ticket deemed not valid, except as provided in rule (d) of these general provisions.

(d) Pari-Mutuel Ticket Sales

(i) Pari-mutuel tickets shall not be sold by anyone other than a Permittee licensed to conduct pari-mutuel wagering.

(ii) No pari-mutuel tickets may be sold on a live pari-mutuel event for which wagering has already been closed and no Permittee 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.

(iii) Claims pertaining to a mistake on an issued or unissued ticket must be made by the bettor prior to leaving the seller's window.

(iv) 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.

(v) The Permittee shall not satisfy claims on lost, mutilated, or altered pari-mutuel tickets without authorization of the Commission.

(vi) The Permittee shall have no obligation to enter a wager into a betting pool if unable to do so due to equipment failure.

(vii) A pari-mutuel ticket shall not be sold to a licensed jockey.

(e) Advance Performance Wagering

No Permittee 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.

(f) 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 Permittee in any case where the Permittee 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 forwarded to the Commission within 48 hours.

(i) 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 section c,

(i) of these general provisions, the Permittee shall make a recommendation to accompany the claim forwarded to the Commission as to whether or not the mutilated ticket has sufficient elements to be positively identified as a winning ticket.

(ii) 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 Permittee, or may deny the claim, or may make such other order as it may deem proper.

(g) 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:

(i) Verification is required to show that the amount of the commission, the amount in breakage, and the amount if 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 contest. If underpayments are discovered after the close of the meeting, the underpayment 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.

(ii) Any claim not filed with the Permittee within 30 days, inclusive of the date on which the underpayment was publicly announced, shall be deemed waived; and the Permittee shall have no further liability therefore.

(iii) In the event the error results in an overpayment to winning wagers, the Permittee shall be responsible for such payment.

(h) Betting Explanation

A summary explanation of pari-mutuel wagering and each type of betting pool offered shall be published in the program for every wagering performance. The rules of racing relative to each type of pari-mutuel pool offered must be prominently displayed on Permittee grounds available upon request through Permittee representatives.

(i) Display of Betting Information

(i) Approximate odds for Win pool betting shall be posted on display devices within view of the wagering public and updated at intervals of not more than 90 seconds.

(ii) 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.

(iii) Official results and payoffs must be displayed upon each contest being declared official.

(j) Cancelled Contests

If a contest is cancelled or declared "no contest", refunds shall be granted on valid wagers in accordance with these rules.

(k) Refunds

(i) 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 interest 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 interest has been reduced to fewer than three (3).

(C) Show pools, Superfecta pools, and first-half Twin Superfecta pools offered in contest in which the number of betting interests has been reduced to fewer than four (4).

(ii) Authorized refunds shall be paid upon presentation and surrender of the affected pari-mutuel ticket.

(iii) If a jockey weighs in short of weight by more than two (2) pounds and his mount is disqualified in consequence of short weight, all monies wagered on the horse shall be deducted from the pool and be refunded.

(A) In case of a coupled entry, if one of the jockeys riding the entry weighs in short of weight by more than two (2) pounds and his mount is disqualified in consequence of short weight, no refund shall be made unless the other portion of the entry is also disqualified for short weight in which case all money wagered on the entry disqualified shall be deducted from the pool and be refunded. This rule applies with equal effect to the field.

(iv) If a race is cancelled by the Stewards after wagering begins on that race, all money wagered on that race shall be refunded.

(v) 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 shall immediately notify the manager of the pari-mutuel department and a refund shall be made on the horses affected. The Starter shall be the sole judge of what horses are prevented from starting in a race through failure of the gates to open.

(vi) 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 excused shall be deducted from the pool and refunded.

(vii) If no horse finishes in race, all money wagered on that race shall

be refunded.

(viii) If no roper gets a time in a section, all money wagered shall be carried over into the respective pools of the next section. If there are no more sections to be contested in the event, all money shall be refunded.

(l) Coupled Entries and Mutuel Fields

(i) 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 coupled entry of 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.

(ii) 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.

(m) Pools Dependent Upon Betting Interests

Unless the Commission otherwise provides, at the time the pools are opened for wagering, the Permittee:

(i) May offer win, place, and show wagering on all contests with six

(6) or more betting interests.

(ii) May be allowed to prohibit show wagering on any contest with five (5) or fewer betting interests scheduled to start.

(iii) May be allowed to prohibit place wagering on any contest with four (4) or fewer betting interests scheduled to start.

(iv) May be allowed to prohibit Quinella wagering on any contests with three (3) or fewer betting interests scheduled to start.

(v) May be allowed to prohibit Quinella Double wagering on any contests with three (3) or fewer betting interests scheduled to start.

(vi) May be allowed to prohibit Exacta wagering on any contest with three (3) or fewer betting interests scheduled to start.

(vii) Shall prohibit Trifecta wagering on any contest with three (3) or fewer betting interests scheduled to start.

(viii) Shall prohibit Superfecta wagering on any contest with four (4) or fewer betting interests scheduled to start.

(ix) May be allowed to prohibit Twin Quinella wagering on any contests with three (3) or fewer betting interests scheduled to start.

(x) Shall prohibit Twin Trifecta wagering on any contests with seven

(7) or fewer betting interests scheduled to start.

(xi) Shall prohibit Tri-Superfecta wagering on any contests with of seven (7) or fewer betting interests scheduled to start.

(xii) Shall prohibit Twin Superfecta wagering on any contests with seven (7) or fewer betting interests scheduled to start.

(n) Prior Approval Required for Betting Pools

(i) A Permittee 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.

(ii) The Permittee may suspend, for a specific performance, 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. A Permittee may request approval of a form of wagering or separate wagering pool for specific performances or events.

(o) Closing of Wagering in a Contest

(i) A Commission representative shall close wagering for each contest after which time no pari-mutuel tickets shall be sold for that contest.

(ii) The Permittee shall maintain, in good order, a system approved by the Commission for closing wagering.

(p) Complaints Pertaining to Pari-Mutuel Operations

(i) When a patron makes a complaint regarding the pari-mutuel department to a Permittee, the Permittee shall immediately issue a complaint report, setting out:

(A) The name of the complainant;

(B) The nature of the complaint;

complaint was made;

(D) The date of the complaint;

(E) The action taken or proposed to be taken, if any, by the

Permittee.

(ii) The Permittee shall submit every complaint report to the Commission within 48 hours after the complaint was made.

(q) Licensed Employees

All licensees shall report any known irregularities or wrong doings by any persons involving pari-mutuel wagering immediately to the Commission and cooperate in subsequent investigations.

(r) Unrestricted Access

The Permittee 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 Permittee that relate to pari-mutuel wagering.

(s) 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 Permittee shall report the problem to the stewards and the Permittee and the stewards shall render a full report to the Commission within 48 hours.

Section 2. Advance Deposit Wagering.

(a) Definitions

(i) ACCOUNT, an advance deposit wagering account used to record credits, debits, deposits and withdrawals.

(ii) ACCOUNT HOLDER, a natural person that has established an

account.

(iii) ACCOUNT NUMBER, a unique identification number designated by the Permittee, betting system, or the Wyoming hub.

(iv) ADVANCE DEPOSIT WAGERING, a form of pari-mutuel wagering in which an account holder, residing within or outside Wyoming, establishes an account and then authorizes a Commission approved Permittee, Betting System or WY Hub, by telephone or other electronic media, to place wagers on racing on the accountholder's behalf. Only the Permittee, Betting System, or Wyoming Hub that holds the account can make an advance deposit wager for the account holder. Wagering instructions that concern funds held in an account shall be deemed issued within the enclosure of the Permittee.

(v) APPLICANT, any entity including, but not limited to, corporations, partnerships, limited liability companies, limited partnerships, or individuals that file an application to conduct advance deposit wagering.

(vi) APPLICATION, the application that must be Commission-approved prior to a Permittee, betting system or WY Hub being permitted to conduct pari-mutuel wagering.

(vii) BETTING SYSTEM, a business conducted for Wyoming that facilitates pari-mutuel wagering on races it offers in its wagering menu.

(viii) COMMISSION, the Wyoming Pari-mutuel Commission.

(ix) CONFIDENTIAL INFORMATION:

(A) The amount of money credited to, debited from, or present in any particular account holder's Account.

(B) The amount of money wagered by a particular account holder on any races or series of races.

(D) The identities of particular entries on which the account holder is wagering or has wagered.

(E) Unless otherwise authorized by the account holder, the name, address, and other information in possession of the Permittee, betting system or Wyoming Hub that would identify the account holder to anyone other than the Commission, Permittee, betting system or Wyoming Hub.

(F) Credit and debit card information provided by account

holder.

(x) CREDITS, all positive inflow of money to an account.

(xi) DEBITS, all negative outflow of money when placing a wager and other transaction related charges from an account or for the purchase of racing related merchandise and services.

(xii) DEPOSIT, a credit of money to an account from an account holder.

(xiii) PERMITTEE, any person, entity or corporation granted a permit by the Commission to conduct pari-mutuel events within the State of Wyoming.

(xiv) MEANS OF PERSONAL IDENTIFICATION, the unique number, code or other secure technology designated by an account holder to assure that only the account holder has access to his or her account.

(xv) NATURAL PERSON, any person at least 18 years of age.

(xvi) OTHER ELECTRONIC MEDIA, any electronic communication device or combination of devices including, but not limited to, personal computers, the Internet, private networks, interactive television and wireless communication technologies.

(xvii) PROPER IDENTIFICATION, a form of identification, accepted in the normal course of business, that establishes the person making a transaction is the account holder.

(xviii) WITHDRAWAL, a payment from an account by the Permittee, betting system, or Wyoming Hub to the account holder.

(xvix) WITHDRAWAL SLIP, the form provided by the Permittee, betting system, or Wyoming Hub to an account holder to withdraw funds.

(b) Duties of Advance Deposit Wagering Permittee

(i) An applicant shall complete an application for permit to conduct advance deposit Wagering, which is available at the Commission's administrative office. The application must be filed no later than 60 days in advance of the scheduled start date of operation.

(ii) Applicants shall provide financial information that demonstrates the financial resources to operate advance deposit wagering and provide a detailed budget that shows anticipated revenue, expenditures and cash flows by month, projected for the term of the permit.

(iii) The Commission may conduct investigations, inspections or request additional information from the applicant as it deems appropriate in determining whether to approve the permit.

(iv) Prior to any account being established or wagering being conducted, the application submitted to the Commission must be approved and a permit issued to the applicant. The permit shall be authorized annually by the Commission.

(v) Subsequent to the issuance of a permit to conduct advance deposit wagering under this article, changes or amendments to information or operating procedures contained in an application will be permitted only by order of the Commission or by Commission approval of a request for changes or amendments submitted in writing by the applicant.

(vi) Applicants shall establish security access policies as set forth:

(A) The applicant shall utilize personal identification numbers (PINs) or other technologies to assure that only the account holder has access to the advance deposit wagering account.

(B) The applicant shall allow the commission access to its premises to visit, investigate, and place expert accountants and other persons it deems necessary for the purpose of ensuring that its rules and regulations concerning credit authorization, account access, and other security provisions are strictly complied with.

(vii) Applicants that accept wagers shall provide a full accounting and verification of the source of the wagers, and a detailed wagering information file that includes, but is not limited to, dollar amount wagered, pool on which the wager was placed, race number and racing venue, zone, breed, zip code of the account holder, time wagering stopped, and time of the wager in the form of a daily mutuel data download to the Commissions designated database.

(viii) The Commission, or its designee, shall be given access for review and audit of all records. The applicant shall, at their location during hours of operation, make such information available. The Commission may require the applicant to annually submit audited financial statements.

(ix) The Commission shall prohibit advance deposit wagering advertising that it determines to be deceptive to the public. The Commission shall also require, by regulation, that every form of advertising contain a statement that minors are not allowed to open or have access to advance deposit wagering accounts.

(x) Contact information for a recognized problem-gambling support organization shall be made available to all account holders.

(i) The Permittee may suspend or close an account. Any account with no activity for at least six months may be closed. When an account is closed the

Permittee shall mail any funds, less processing fees, within five business days to the account holder at the address of record.

(ii) Funds shall be in an interest bearing account.

(iii) Funds in an account shall not bear interest to the account holder.

(iv) All wagering conversations, transactions or other wagering communications through the advance deposit wagering system, verbal or electronic, shall be recorded by means of electronic media, and the tapes or other records of such communications shall be kept by the Permittee for 180 days. These tapes and other records shall be made available to the Commission upon request or order by the Executive Director.

(v) The total amount of all account wagers shall be included in the respective pools for each race and shall be combined into the Permittee's pools or directly into the corresponding pools of the host track.

(vi) Accounts are for personal use only and the account holder is responsible to maintain the secrecy of the account number and means of personal identification. The account holder must immediately notify the Permittee of any breach of the account's security.

(vii) Upon request of the account holder, the Permittee shall provide a statement detailing account activity for the immediate 30 days prior to the request. Unless the Permittee receives written notice disputing the statement within 14 days of the date the statement is forwarded, it shall be deemed to be correct.

(viii) Unless otherwise noted on the account application, the address provided on the application to establish the account is deemed the address of record for mailing checks, statements of account, account withdrawals, notices, or other correspondence. It is the responsibility of the account holder to notify the Permittee of any address change.

(ix) No employee or agent of the Permittee shall divulge any confidential information related to an advance deposit wagering account, the placing of any wager or any confidential information related to the operation of the advance deposit wagering system without the consent of the account holder, except to the account holder as required by this article, the Commission, and as otherwise required by state or federal law.

(x) Account holders shall designate if they want to use a credit card to make deposits to their account. Changes to that designation shall require 24 hours' notice to the Permittee.

(d) Requirements to Establish an Advance Deposit Wagering Account

(i) Accounts shall be established in person, by mail, telephone or other electronic media before any wagering shall be conducted. An account shall only be established in the name of a natural person and is non-transferable.

(ii) Any individual prohibited from wagering under Wyoming Pari- mutuel Commission Rules shall be prohibited from establishing an account or placing a wager.

(iii) The information required to establish an account shall include:

(A) Account holder's full legal name.

(B) Principal residence address.

(D) Telephone number.

(E) Social Security number.

(F) Identification or certification to prove the account holder is at least 18 years of age.

(G) Completed W-9 form.

(H) Whether the account holder wants to use a credit card to make deposits to their account.

(I) Signature of applicant.

(iv) The Permittee shall employ electronic verification with respect to each account holder's name, principal residence address, date of birth and Social Security number at the time of account establishment by a Commission-approved national independent reference company or another independent technology approved by the Commission which meets or exceeds the reliability, security, accuracy, privacy and timeliness provided by individual reference service companies.

(v) The Permittee may refuse to establish an account if it is found that any of the information supplied is untrue or incomplete.

(vi) When an account is established the Permittee shall designate an account number for each account. The number can be changed provided the account holder is informed prior to any change.

(vii) The account holder shall designate a means of personal identification to use to access their account.

(viii) The Permittee shall inform the account holder of the assigned account number and provide a copy of its advance deposit wagering procedures, terms and conditions as well as any information that pertains to the operation of the account.

(ix) Each Permittee shall, at all times, comply with Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from advance deposit wagers by account holders and shall send to account holders subject to IRS reporting or withholding a Form W2-G summarizing the information for tax purposes following a winning wager being deposited into an account. Upon written request, the Permittee shall provide account holders with summarized tax information on advance deposit wagering activities.

(e) Deposits to an Advance Deposit Wagering Account

(i) Deposits to an Account shall be made in the following form:

(A) Cash deposits made directly.

(B) Personal checks, cashier's checks and money orders made

directly or mailed.

(C) Debits to an account holder's credit card or debit card, upon direct instructions of the account holder, providing the use of such card has been pre-approved by the Permittee and designated by the account holder at least 24 hours in advance. The account holder may be liable for any charges imposed by the transmitting or receiving Permittee and the charges may be deducted from the account holder's account.

(D) Debits by electronic fund transfer (EFT) from a monetary account controlled by an account holder. The account holder may be liable for any charges imposed by the transmitting or receiving Permittee and the charges may be deducted from the account holder's account.

(E) Cashier's checks, money orders and EFTs shall be given immediate credit upon presentation. Credit cards or debit cards shall be given immediate credit upon authorization from the issuer.

(F) Permittees shall disclose their policy regarding the acceptance of personal checks to the account holder.

(f) Placing an Advance Deposit Wager

(i) Debits to an account shall be made in the following form:

(A) The Permittee shall debit the amount wagered by an

account holder.

(B) Wagers shall not be accepted in an amount in excess of an

account balance.

(D) The Permittee may debit the account for purchases of racing related merchandise and services requested by an account holder.

(g) Withdrawals from an Advance Deposit Wagering Account

(i) Withdrawals shall be completed within five business days after the Permittee receives a request from an account holder by mail, by telephone, or other electronic media accompanied by the valid account number and a means of personal identification or, if by mail, a signed completed withdrawal slip.

(ii) If sufficient funds are available, the Permittee shall send a check payable to the account holder in the amount of the requested withdrawal to the address of record.

(iii) If sufficient funds are not available, the Permittee shall, within five business days of receipt, provide notification to the account holder of insufficient funds and send a check, payable to the account holder, in the amount of the funds available, to the address of record.

(iv) An EFT may be used in lieu of a check at the discretion of the account holder and the Permittee, subject to the same conditions set forth in Chapter. 9 Sec. 2 (e).

(v) Account Holders may make withdrawals in person with such identification as required by the Permittee, the valid account number, and a means of personal identification.

(h) Credit for Winning Wagers and Scratched Entries

(i) The Permittee, betting system, or Wyoming Hub shall post credits for winnings from advance deposit wagers and any credit for wagers on a scratched entry to the account after the race is declared official.

(i) Proceeds from a Deceased Account Holder

(i) If an account holder is deceased, the Permittee, betting system, or WY Hub shall release the funds in the account to the decedent's legal representative upon receipt of a copy of a probate court authorization or other documents as required by applicable Wyoming or other state laws.

Section 3. Interstate Common Pool Wagering.

(a) General

(i) All contracts governing participation in interstate common pools shall be submitted to the Commission for approval.

(ii) Individual wagering transactions are made at the point of sale in the state where placed. Pari-mutuel pools are combined for computing odds and calculating payoffs and breakage, but will be held separate for auditing and all other purposes.

(iii) Any surcharges or withholdings in addition to the takeout shall only be applied in the jurisdiction otherwise imposing such surcharges or withholdings.

(iv) In determining whether to approve an interstate common pool which does not include the host track, the Commission shall consider and may approve use of a bet type which is not utilized at the host track, application of a takeout rate not in effect at the host track, or other factors which are presented to the Commission.

(v) The content and format of the visual display of racing and wagering information at facilities in other jurisdictions where wagering is permitted in the interstate common pool need not be identical to the similar information permitted or required to be displayed under these rules.

(vi) In cases where host track state wagering rules differ from guest state wagering rules, host track state rules shall apply.

(b) Guest State Participation in Interstate Common Pools

(i) With the prior approval of the Commission, pari-mutuel wagering pools may be combined with corresponding wagering pools in the host state, or with corresponding pools established by one or more other jurisdictions.

(ii) The Commission may permit adjustment of the takeout from the pari-mutuel pool so that the takeout rate in this jurisdiction is identical to that at the host track, or identical to that of other jurisdictions participating in a merged pool.

(iii) Where takeout rates in the merged pool are not identical, the net price calculation shall be the method by which the differing takeout rates are applied.

(iv) Rules of racing as established for the contest in the host state shall apply to the merged pool.

(v) The Commission shall approve agreements made between the Permittee and other participants in interstate common pools governing the distribution of breakage between the jurisdictions.

(vi) If, for any reason, it becomes impossible to successfully merge the bets placed into the interstate common pool, the Permittee shall make payoffs in accordance with payoff prices that would have been in effect if prices for the pool of bets were calculated without regard to wagers placed elsewhere; except that, with permission of the Commission, the Permittee may alternatively determine to either pay winning tickets at the payoff prices at the host track, or declare such accepted bets void and make refunds in accordance with the applicable rules.

(i) With the prior approval of the Commission, an Permittee licensed to conduct pari-mutuel wagering may determine that one or more of its contest be utilized for pari-mutuel wagering at guest facilities in other states, and may also determine that pari-mutuel pools in guest state be combined with corresponding wagering pools established by it as the host track or comparable wagering pools established by two or more states.

(ii) Where takeout rates in the merged pool are not identical, the net price calculation shall be the method by which the differing takeout rates are applied.

(iii) The Commission shall approve agreements made between the Permittee and other participants in interstate common pools governing the distribution of breakage between the jurisdictions.

(iv) Any contract for interstate common pools entered into by the Permittee shall contain a provision to the effect that if, for any reason, it becomes impossible to successfully merge the bets placed in another state into the interstate common pool formed by the Permittee, or if, for any reason, the Commission's or the Permittee's representative determines that attempting to effect transfer of pool data from the guest state may endanger the Permittee's wagering pool, the Permittee shall have no liability for any measures taken which may result in the guest's wagers not being accepted into the pool.

(d) Takeout Rates in Interstate Common Pools

(i) With the prior approval of the Commission, aPermittee wishing to participate in an interstate common pool may change its takeout rate (within the limits permitted by state law) so as to achieve a common takeout rate with all other participants in the interstate common pool.

(ii) A Permittee wishing to participate in an interstate common pool may request that the Commission approve a methodology whereby host and guest states with different takeout rates for corresponding pari-mutuel pools may effectively and equitably combine wagers from the different states into an interstate common pool.

Section 4. Calculation of Payoffs and Distribution of Pools - Live Events & Live

Simulcast Events.

(a) General

(i) All permitted pari-mutuel wagering pools shall be separately and independently calculated and distributed. Takeout shall be deducted from each gross pool as stipulated by law. The remainder of the monies in the pool shall constitute the net pool for distribution as payoff on the winning wagers.

(ii) For each wagering pool, the amount wagered on the winning betting interest or betting combinations is deducted from the net pool to determine the profit; the profit is then divided by the amount wagered on the winning betting interest or combinations, such quotient being the profit per dollar.

(iii) Either the standard or net price calculation procedure may be used to calculate single commission pools, while the net price calculation procedure must be used to calculate multi-commission pools.

(A) Standard price calculation procedure: SINGLE PRICE POOL (WIN POOL)

gross pool = sum of wagers on all betting interest - refunds

net pool = gross pool x (1 - percent takeout)

profit = net pool - gross amount bet on winner

profit per dollar = profit/gross amount bet on winner

$1 unbroken price = profit per dollar + $1 PRICE SPLIT (PLACE POOL)

Profit is net pool less gross amount bet on all place finisher. Finishers split profit 1/2 and 1/2 (place profit), then divide by gross amount bet on each place finisher for two unique prices.

PROFIT SPLIT (SHOW POOL)

Profit is net pool less gross amount bet on all show finishers. Finishers split profit 1/3 and 1/3 and 1/3 (show profit), then divide by gross amount bet on each show finisher for three unique prices.

Net price calculation procedure: SINGLE PRICE POOL (WIN POOL)

gross pool = sum of wagers on all betting interest - refunds

for each source:

net pool = gross pool x (1 - percent takeout)

net bet on winner = gross amount bet on winner x (1 - percent takeout) total net pool = sum of all sources net pools

total net bet on winner = sum of all sources net bet on winner total profit = total net pool - total net bet on winner

profit per dollar = total profit/total net bet on winner

$1 unbroken base price = profit per dollar + $1

for each source:

unbroken $1 price = $1 unbroken base price x (1 - percent takeout) PROFIT SPLIT (PLACE POOL)

Total profit is the total net pool less the total net amount bet on all place finishers. Finishers split total profit 1/2 and 1/2 (place profit), then divide by total net amount bet on each place finisher for two unique unbroken base prices.

PROFIT SPLIT (SHOW POOL)

Total profit is the total net pool less the total net amount bet on all show finishers. Finishers split total profit 1/3 and 1/3 and 1/3 (show profit), then divide by total net amount bet on each show finisher for three unique unbroken base prices.

(iv) If a profit split results in only one covered winning betting interest or combinations it shall be calculated the same as a single price pool.

(v) Minimum payoffs and the method used for calculating breakage shall be established by the Commission.

(vi) The individual pools outlined in these rules may be given alternative names by each Permittee, provided prior approval is obtained from the Commission.

(b) Win Pools

(i) The amount wagered on the betting interest which finishes first is deducted from the net pool, the balance remaining betting the profit; the profit is divided by the amount wagered on the betting interest finishing first, such quotient being the profit per dollar wagered to Win on that betting interest.

(ii) The net Win pool shall be distributed as a single price pool to winning wagers in the following precedence, based upon the official order of finish:

(A) To those whose selection finished first; but if there are no

such wagers, then

(B) To those whose selection finished second; but if there are

no such wagers, then

such wagers, then

(D) The entire pool shall be refunded on Win wagers for that

contest.

(iii) If there is a dead heat for first involving:

(A) Contestants representing the same betting interest, the Win pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interests, the Win pool shall be distributed as a profit split.

WIN POOL

| Sum of Wagers on All Betting Interests = | $194,230.00 | | --- | --- | | Refunds = | $1,317.00 | | Gross Pool: Sum of Wagers on All Betting Interest - Refunds = | $192,913.00 | | Percent Takeout = | 18% | | Net Pool: Gross Pool x (1 - Percent Takeout) | $158,188.66 | | Gross Amount Bet on Winner = | $23,872.00 | | Profit: | |

| Net Pool - Gross Amount Bet on Winner = | $134,316.66 | | --- | --- | | Profit Per Dollar: Profit/Gross Amount Bet on Winner = | $5.6265357 | | $1 Unbroken Price: Profit Per Dollar + $1 = | $6.6265357 |

(i) The amounts wagered to Place on the first two betting interests to finish are deducted from the net pool, the balance remaining being the profit; the profit is divided into two equal portions, one being assigned to each winning betting interest and divided by the amount wagered to Place on that betting interest, the resulting quotient is the profit per dollar wagered to Place on that betting interest.

(ii) The net Place pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) If contestants of a coupled entry or mutuel field finished in the first two places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise

(B) As a profit split to those whose selection is included within the first two finishers; but if there are not such wagers on one of those two finishers; then

(C) As a single price pool to those who selected the one covered betting interest included within the first two finishers; but if there are no such wagers, then

(D) As a single price pool to those who selected the third-place finisher, but if there are no such wagers, then

(E) The entire pool shall be refunded on Place wagers for that

contest.

(iii) If there is a dead heat for first involving:

(A) Contestants representing the same betting interest, the Place pool shall be distributed as a single price pool.

(B) Contestants representing two or more betting interests, the Place pool shall be distributed as a profit split.

(iv) If there is a dead heat for second involving:

(A) Contestants representing the same betting interest, the Place pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interest, the Place pool is divided with one-half (1/2) of the profit distributed to Place wagers on the betting interest finish first and the remainder is distributed equally amongst Place wagers on those betting interest involved in the dead heat for second.

PLACE POOL

| Sum of Wagers on All Betting Interest = | $194,230.00 | | --- | --- | | Refunds = | $1,317.00 | | Gross Pool: Sum of Wagers on All Betting Interest - Refunds = | $192,913.00 | | Percent Takeout = | 18% | | Net Pool: Gross Pool x (1 - Percent Takeout) | $158,188.66 | | Gross Amount Bet on 1st place finisher = | $23,872.00 | | Gross Amount Bet on 2nd place finisher = | $12,500.00 | | Profit: Net Pool - Gross Amount Bet on 1st Place Finisher | | | Net Pool - Gross Amount Bet on 2nd Place Finisher = | $121,816.66 | | Place Profit: Profit / 2 = | $60,908.33 | | Profit Per Dollar for 1st place: | | | Place Profit/Gross Amount Bet on 1st place finisher = | $2.5514548 |

$1 Unbroken Price for 1st place:

Profit Per Dollar for 1st place + $1 = $3.5514548

Profit per Dollar for 2nd place:

Place Profit/Gross Amount Bet on 2nd place finisher = $4.8726665

$1 Unbroken Price for 2nd place:

Profit Per Dollar for 2nd place + $1 = $5.8726664

(d) Show Pools

(i) The amounts wagered to Show on the first three betting interests to finish are deducted from the net pool, the balance remaining being the profit; the profit is divided into three equal portions, one being assigned to each winning betting interest and divided by the amount wagered to Show on that betting interest, the resulting quotient being the profit per dollar wagered to Show on that betting interest.

(ii) The net Show pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) If contestants of a coupled entry or mutuel field finished in the first three places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise

(B) If contestants of a coupled entry or mutuel field finished as two of the first three finishers, the profit is divided with two-thirds (2/3) distributed to those who selected the couple entry or mutuel field and one-third (1/3) distributed to those who selected the other betting interest included within the first three finishers; otherwise

(C) As a profit split to those whose selection is included within the first three finishers; but if there are no such wagers on one of those three finishers, then

(D) As a profit split to those who selected one of the two covered betting interest included within the first three finishers; but if there are no such wagers on two of those three finishers, then

(E) As a single price pool to those who selected the one covered betting interest included within the first three finishers; but if there are no such wagers, then

(F) As a single price pool to those who selected the fourth- place finisher; but if there are no such wagers, then

(G) The entire pool shall be refunded on Show wagers for that

contest.

(iii) If there is a dead heat for first involving:

(A) Two contestants representing the same betting interest, the profit is divided with two-thirds (2/3) distributed to those who selected the first- place finishers and one-third (1/3) distributed to those who selected the betting interest finishing third.

(B) Three contestants representing a single betting interest, the Show pool shall be distributed as a single price pool.

(iv) If there is a dead heat for second involving:

(A) Contestants representing the same betting interest, the profit is divided with one-third (1/3) distributed to those who selected the betting interest finishing first and two-thirds (2/3) distributed to those who selected the second-place finishers.

(B) Contestants representing two betting interest, the Show pool shall be distributed as a profit split.

(C) Contestants representing three betting interest, the Show pool is divided with one-third (1/3) of the profit distributed to Show wagers on the betting interest finishing first and the remainder is distributed equally amongst Show wagers on those betting interests involved in the dead heat for second.

(v) If there is a dead heat for third involving:

(A) Contestants representing the same betting interest, the Show pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interest, the Show pool is divided with two-thirds (2/3) of the profit distributed to Show wagers on the betting interests finishing first and second and the remainder is distributed equally amongst Show wagers on those betting interests involved in the dead heat for third.

SHOW POOL

| Sum of Wagers on All Betting Interests = | $194,230.00 | | --- | --- | | Refunds = | $1,317.00 | | Gross Pool: Sum of Wagers on All Betting Interest - Refunds = | $192,913.00 |

| Percent Takeout = | 18% | | --- | --- | | Net Pool: Gross Pool x (1 - Percent Takeout) | $158,188.66 | | Gross Amount Bet on 1st place finisher = | $23,872.00 | | Gross Amount Bet on 2nd place finisher = | $12,500.00 | | Gross Amount Bet on 3rd place finisher = | $4,408.00 | | Profit: Net Pool - Gross Amount Bet on 1st Place Finisher | | | Net Pool - Gross Amount Bet on 2nd Place Finisher | | | Net Pool - Gross Amount Bet on 3rd Place Finisher = | $117,408.66 | | Show Profit: Profit / 3 = | $39,136.22 | | Profit Per Dollar for 1st place: Show Profit/Gross Amount Bet on 1st place finisher = | $1.6394194 |

$1 Unbroken Price for 1st place:

Profit Per Dollar for 1st place + $1 = $2.6394194

Profit per Dollar for 2nd place:

Show Profit/Gross Amount Bet on 2nd place finisher = $3.1308876

$1 Unbroken Price for 2nd place:

Profit Per Dollar for 2nd place + $1 = $4.1308976 Profit Per Dollar for 3rd place:

Show Profit/Gross Amount Bet on 3rd Place finisher =

$8.8784528

$1 Unbroken Price for 3rd place:

Profit Per Dollar for 3rd place + $1 = $9.8784528

SHOW POOL

Single Takeout Rate & Single Betting Source

| Sum of Wagers on All Betting Interests = | $194,230.00 | | --- | --- | | Refunds = Gross Pool: | $1,317.00 |

| Sum of Wagers on All Betting Interest - Refunds = | $192,913.00 | | --- | --- | | Percent Takeout = | 18% | | Total Net Pool: Gross Pool x (1 - Percent Takeout) = | $158,188.66 | | Gross Amount Bet on 1st place finisher = | $23,872.00 | | Net Amount Bet on 1st place finisher = | $19,575.04 | | Gross Amount Bet on 2nd place finisher = | $12,500.00 | | Net Amount Bet on 2nd place finisher = | $10,250.00 | | Gross Amount Bet on 3rd place finisher = | $4,408.00 | | Net Amount Bet on 3rd place finisher = | $3,614.56 | | Total Net Bet on Winners: Net Amount Bet on 1st place finisher + Net Amount Bet on 2nd place finisher + Net Amount Bet on 3rd place finisher = | $33,439.60 | | Total Profit: | | | Total Net Pool - Total Net Bet on Winner = | $124,749.06 | | Show Profit: Total Profit /3 = | $41,583.02 | | Profit Per Dollar for 1st place: Show Profit/Net Amount Bet on 1st place finisher = | $2.1242879 | | $1 Unbroken Base Price for 1st place: Profit Per Dollar for 1st place + $1 = | $3.1242879 |

$1 Unbroken Price for 1st place:

$1 Unbroken base Price for 1st place x (1 - percent takeout) $2.5619161

Profit Per Dollar for 2nd place:

Show Profit/Net Amount Bet on 2nd place finisher = $4.0568800

$1 Unbroken Base Price 2nd place:

Profit Per Dollar for 2nd place + $1 = $5.0568800

$1 Unbroken Price for 2nd place:

$1 Unbroken Base Price for 2nd place x (1 - percent takeout) = $4.1466416 Profit Per Dollar for 3rd place:

Show Profit/Net Amount bet on 3rd place finisher = $11.504310

$1 Unbroken Base Price for 3rd place:

Profit Per Dollar for 3rd place + $1 = $12.504310 Unbroken Price for 3rd place:

$1 Unbroken Base Price for 3rd place x (1 - percent takeout) = $10.253534

(e) Double Pools

(i) The Double requires section of the first-place finisher in each of two specified contests.

(ii) The net Double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) As a single price pool to those whose selection finished first in each of the two contest; but if there are no such wagers, then

(B) As a profit split to those who selected the first-place finisher in either of the two contests; but if there are no such wagers, then

(C) As a single price pool to those who selected the one covered first-place finisher in either contest; but if there are no such wagers, then

(D) As a single price pool to those whose selection finished second in each of the two contests but if there are no such wagers, then

(E) The entire pool shall be refunded on Double wagers for

those contests.

(iii) If there is a dead heat for first in either of the two contests

involving:

(A) Contestants representing the same betting interest, the Double pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interest, the Double pool shall be distributed as a profit split if there is more than one covered winning combination.

(iv) Should a betting interest in the first-half of the Double be scratched prior to the first Double contest being declared official, all money wagered on combinations including the scratched betting interest shall be deducted from the Double pool and refunded.

(v) Should a betting interest in the second-half of the Double be scratched prior to the close of wagering on the first Double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the Double pool and refunded.

(vi) Should a betting interest in the second-half of the Double be scratched after the close of wagering on the first Double contest, all wagers combining

the winner of the first contest with the scratched betting interest in the second contest shall be allocated a consolation payoff. In calculating the consolation payoff the net Double pool shall be divided by the total amount wagered on the winner of the first contest and an unbroken consolation price obtained. The broken consolation price is multiplied by the dollar value of wagers on the winner of the first contest combined with the scratched betting interest to obtain the consolation payoff. Breakage is not utilized in this calculation. The consolation payoff is deducted from the net Double pool before calculation and distribution of the winning Double payoff. Dead heats including separate betting interests in the first contest shall result in a consolation payoff calculated as a profit split.

(vii) If either of the Double contests are cancelled or declared "no contest" after the conclusion of the first Double contest, the net Double pool shall be distributed as a single price pool to wagers selecting the winner of the first Double contest. In the event of a dead heat involving separate betting interests, the net Double pool shall be distributed as a profit split.

DOUBLE POOL

| Sum of Wagers on All Betting Interests = | $194,230.00 | | --- | --- | | Refunds = | $1,317.00 | | Gross Pool: Sum of wagers on All Betting Interests - Refunds = | $192,913.00 | | Percent Takeout = | 18% | | Net Pool: Gross Pool x (1 - Percent Takeout) = | $158,188.66 | | Gross Amount Bet on Winning Combination = | $23,872.00 | | Profit: Net Pool - Gross Amount Bet on Winning Combination = | $134,316.66 |

Profit Per Dollar: Profit/Gross Amount

Bet on Winning Combination = $5.6265357

$1 Unbroken Price:

Profit Per Dollar + $1 = 6.6265357

CONSOLATION DOUBLE POOL

Sum of Wagers on All Betting Interests = $194,230.00

| Refunds = | $1,317.00 | | --- | --- | | Gross Pool: Sum of Wagers on All Betting Interest - Refunds = | $192,913.00 | | Percent Takeout = | 18% | | Net Pool: Gross Pool x (1 - Percent Takeout) = | $158,188.66 | | Consolation Pool: Sum Total Amount Bet on Winner of the first contest with all second contest betting interest = | $43,321.00 | | $1 Consolation Unbroken Consolation Price: | | | Net Pool/ Consolation Pool = | $3.6515468 | | $1 Consolation Broken Price = | $3.65 | | Amount Bet on winner of the first contest with scratched betting interests: | $1,234.00 |

Consolation Liability:

$1 Consolation Broken Price x (Amount bet on the winner of the

first contest with scratched betting interests) = $4,504.10 Adjusted Net Pool:

Profit Per Dollar: Profit/Gross Amount Bet on the

Winning Combination = $5.4378586

(f) Pick Three Pools

(i) The Pick Three requires selection of the first-place finisher in each of three specified contests.

(ii) The net Pick Three pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) As a single price pool to those whose selection finished first in each of the three contests; but if there are no such wagers, then

(B) As a single price pool to those who selected the first-place finisher in any two of the three contests; but if there are no such wagers, then

(C) As a single price pool to those who selected the first-place finisher in any one of the three contests; but if there are no such wagers, then

(D) The entire pool shall be refunded on Pick Three wagers for

those contests.

(iii) If there is a dead heat for first in any of the three contests

involving:

(A) Contestants representing the same betting interest, the Pick Three pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interests, the Pick Three pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

(iv) Should a betting interest in any of the three Pick Three contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

(v) If all three Pick Three contests are cancelled or declared "no contest", the entire pool shall be refunded on Pick Three wagers for those contests.

(vi) If one or two of the Pick Three contests are cancelled or declared "no contest", the Pick Three pool will remain valid and shall be distributed in accordance with subsection 2 of this rule.

(g) Pick (n) Pools

(i) The Pick (n) requires selection of the first-place finisher in each of a designated number of contests. The Permittee must obtain written approval from the Commission concerning the scheduling of Pick (n) contest, the designation of one of the methods prescribed in Part (ii), and the amount of any cap to be set on the carryover.

Any changes to the approved Pick (n) format require prior approval from the Commission.

(ii) The Pick (n) pool, shall be apportioned under one of the following

methods:

(A) Method 1, Pick (n) with Carryover, No Minor Pool: The net Pick (n) pool and carryover, if any, shall be distributed as a single price pool to those who selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests; and the remainder shall be added to the carryover.

(B) Method 2, Pick (n) with Minor Pool and Carryover: The major share of the net Pick (n) pool and the carryover, if any, shall be distributed to those who selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first-place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher of Pick (n) contests, the minor share of the net Pick (n) pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests; and the major share shall be added to the carryover.

(C) Method 3, Pick (n) with No Minor Pool and No Carryover: The net Pick (n) pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. If there are no winning wagers, the pool is refunded.

(D) Method 4, Pick (n) with Minor Pool and No Carryover: The major share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first-place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If the greatest number of the first-place finishers selected is one (1), the major and minor shares are combined for distribution as a single price pool. If there are no winning wagers, the pool is refunded.

(E) Method 5, Pick (n) with Minor Pool and No Carryover: The major share of net Pick (n) pool shall be distributed to those who selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first- place finisher in the second greatest number of Pick (n) contest, based upon the official

order of finish. If there are no wagers selecting the first-place finisher in all Pick (n) contests, the entire net Pick (n) pool shall be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests. If there are no winning wagers, the pool is refunded.

(iii) If there is a dead heat for first in any of the Pick (n) contests

involving:

(A) Contestants representing the same betting interest, the Pick (n) pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interests, the Pick (n) pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

(iv) Should a betting interest in any of the Pick (n) contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

(v) The Pick (n) pool shall be cancelled and all Pick (n) wagers for the individual performance shall be refunded if:

(A) At least two contests included as part of a Pick 3 are cancelled or declared "no contest".

(B) At least three contests included as part of a Pick 4, Pick 5 or Pick 6 are cancelled or declared "no contest".

(D) At least five contests included as part of a Pick 10 are cancelled or declared "no contest".

(E) At least five contests included as part of a pick 10 are cancelled or declared "no contest".

(vi) If at least one contest included as part of a Pick (n) is cancelled or declared "no contest", but not more than the number specified in subsection (E) of this rule, the net pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests for that performance. Such distribution shall include the portion ordinarily retained for the Pick (n) carryover but not the carryover from previous performances.

(vii) The Pick (n) carryover may be capped at a designated level approved by the Commission so that if, at the close of a performance, the amount in the Pick (n) carryover equals or exceeds the designated cap, the Pick (n) carryover will be frozen until it is won or distributed under other provisions of this rule. After the Pick (n) carryover is frozen, 100 percent of the net pool, part of which ordinarily would be added to the Pick (n) carryover, shall be distributed to those whose selection finished first in the greatest number of Pick (n) contests for that performance.

(viii) A written request for permission to distribute the Pick (n) carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

(ix) Should the Pick (n) carryover be designated for distribution on a specified date and performance in which there are no wagers selecting the first-place finisher in each of the Pick (n) contests, the entire pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests. The Pick (n) carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

(A) Upon written approval from the Commission as provided in subsection viii of this rule.

(B) On the closing performance of the meet or split meet.

(x) If, for any reason, the Pick (n) carryover must be held over to the corresponding Pick (n) pool of subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Commission. The Pick (n) carryover plus accrued interest shall then be added to the net Pick (n) pool of the following meet on a date and performance so designated by the Commission.

(xi) With the written approval of the Commission, the Permittee may contribute to the Pick (n) carryover a sum of money up to the amount of any designated cap.

(xii) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or

number of live tickets remaining is strictly prohibited. This shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.

(xiii) The Permittee may suspend, for a specific performance, previously-approved Pick (n) wagering with the prior approval of the Commission. Any carryover shall be held until the suspended Pick (n) wagering is reinstated. A Permittee may request approval of a Pick (n) wager or separate wagering pool for specific performances or events.

PICK & POOL

Multiple Takeout Rates & Multiple Betting Sources

| | (Net Price Calculation) | | | | | --- | --- | --- | --- | --- | | Percent | Gross | Gross Amt. | Net | Net Amt. | | Takeout | Pool | Bet on Win | Pool | Bet on Win |

| Source 1: | | | | | | --- | --- | --- | --- | --- | | 16% | $190,000.00 | $44.00 | $159,600.00 | $36.96 |

| Source 2: | | | | | | --- | --- | --- | --- | --- | | 18.5% | $10,000.00 | $18.00 | $8,150.00 | $14.67 |

| Source 3: | | | | | | --- | --- | --- | --- | --- | | 21% | $525,730.00 | $124.00 | $415,326.70 | $97.96 |

| TOTALS: | | | | | | --- | --- | --- | --- | --- | | | $725,730.00 | $186.00 | $583,076.70 | $149.59 |

Total Profit:

Total Net Pool - Total Net Bet on the Winning Combination = $582,927.11 Profit Per Dollar:

$1 Unbroken Price for Source 2: $1 Unbroken Base Price x

(1 - Percent Takeout) = $3,176.7331

$1 Unbroken Price for Source 3: $1 Unbroken Base Price x

(1 - Percent Takeout) = $3,079.2873

(h) Quinella Pools

(i) The Quinella requires selection of the first two finishers, irrespective of order, for a single contest.

(ii) The net Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) If contestants of a coupled entry or mutuel field finish as the first two finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

(B) As a single price pool to those whose combination finished as the first two betting interests; but if there are no such wagers, then

(C) As a profit split to those whose combination included either the first- or second-place finisher; but if there are no such wagers on one of those two finishers, then

(D) As a single price pool to those whose combination included the one covered betting interest included within the first two finishers; but if there are no such wagers, then

(E) The entire pool shall be refunded on Quinella wagers for

that contest.

(iii) If there is a dead heat for first involving:

(A) Contestants representing the same betting interest, the Quinella pool shall be distributed to those selecting the couple entry or mutuel field combined with the next separate betting interest in the official order of finish.

(B) Contestants representing two betting interests, the Quinella pool shall be distributed as if no dead heat occurred.

(iv) If there is a dead heat for second involving contestants representing the same betting interest, the Quinella pool shall be distributed as if no dead heat occurred.

(v) If there is a dead heat for second involving contestants representing two or more betting interests, the Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

(A) As a profit split to those combining the winner with any of the betting interest involved in the dead heat for second; but if there is only one covered combination, then

(B) As a single price pool to those combining the winner with the one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

(C) As a profit split to those combining the betting interests involved in the dead heat for second; but if there are no such wagers, then

(D) As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interest involved in the dead heat for second; but if there are no such wagers, then

(E) The entire pool shall be refunded on Quinella wagers for

that contest.

(i) Quinella Double Pools

(i) The Quinella Double requires selection of the first two finishers, irrespective of order, in each of two specified contests.

(ii) The net Quinella Double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) If a coupled entry or mutuel field finishes as the first two contestants in either contest, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest, as well as the first two finishers in the alternate Quinella Double contest; otherwise

(B) As a single pool to those who selected the first two finishers in each of the two Quinella Double contests; but if there are no such wagers, then

(C) As a profit split to those who selected the first two finishers in either of the two Quinella Double contests; but if there are no such wagers on one of those contests, then

(D) As a single price pool to those who selected the first two finishers in the one covered Quinella Double contest; but if there were no such wagers, then

(E) The entire pool shall be refunded on Quinella Double wagers for those contests.

(iii) If there is a dead heat for first in either of the two Quinella Double contests involving:

(A) Contestants representing the same betting interest, the Quinella Double pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest.

(B) Contestants representing two betting interests, the Quinella Double pool shall be distributed as if no dead heat occurred.

(C) Contestants representing three or more betting interests, the Quinella Double pool shall be distributed as a profit split.

(iv) If there is a dead heat for second either of the Quinella Double contest involving contestants representing the same betting interests, the Quinella Double pool shall be distributed as profit split.

(v) Should a betting interest in the first-half of the Quinella Double be scratched prior to the first Quinella Double contest being declared official, all money wagered on combinations including the scratched betting interest shall be deducted from the Quinella Double pool and refunded.

(vi) Should a betting interest in the second-half of the Quinella Double be scratched prior to the close of wagering on the first Quinella Double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the Quinella Double pool and refunded.

(vii) Should a betting interest in the second-half of the Quinella Double be scratched after the close of wagering on the first Quinella Double contest, all wagers combining the winning combination in the first contest with a combination including the scratched betting interest in the second contest shall be allocated a consolation payoff.

In calculating the consolation payoff the net Quinella Double pool shall be divided by the total amount wagered on the winning combination in the first contest and an unbroken consolation price obtained. The unbroken consolation price is multiplied by the dollar value of wagers on the winning combination in the first contest combined with a combination including the scratched betting interest in the second contest to obtain the consolation payoff. Breakage is not utilized in this calculation. The consolation payoff is deducted from the net Quinella Double pool before calculation and distribution of the winning Quinella Double payoff. In the event of a dead heat involving separate betting interests, the net Quinella Double pool shall be distributed as a profit split.

(viii) If either of the Quinella Double contests is cancelled prior to the first Quinella Double contest, or the first Quinella Double contest is declared "no contest", the entire Quinella Double pool shall be refunded on quinella Double wagers for those contests.

(ix) If the second Quinella Double contest is cancelled or declared "no contest" after the conclusion of the first Quinella Double contest, the net Quinella Double pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Quinella Double contest. If there are no wagers selecting the winning combination in the first Quinella Double contest, the entire Quinella Double pool shall be refunded on Quinella Double wagers for those contests.

(j) Exacta Pools

(i) The Exacta requires selection of the first two finishers, in their exact order, for a single contest.

(ii) The net Exacta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(B) As a single price pool to those whose combination finished in correct sequence as the first two betting interest; but if there are no such wagers, then

(C) As a profit split to those whose combination included either the first-place betting interest to finish first or the second-place betting interest to finish second; but if there are no such wagers on one of those two finishers, then

(D) As a single price pool to those whose combination included the one covered betting interest to finish first or second in the correct sequence; but if there are no such wagers, then

(E) The entire pool shall be refunded on Exacta wagers for

that contest.

(iii) If there is a dead heat for first involving:

(A) Contestants representing the same betting interest, the Exacta pool shall be distributed as single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

(B) Contestants representing two or more betting interests, the Exacta pool shall be distributed as a profit split.

(iv) If there is a dead heat for second involving contestants representing the same betting interest, the Exacta pool shall be distributed as if no dead heat occurred.

(v) If there is a dead heat for second involving contestants representing two or more betting interests, the Exacta pool shall be distributed to ticket holders in the following precedence, based upon the official order of finish:

(A) As a profit split to those combining the first-place betting interest with any of the betting interest involved in the dead heat for second; but if there is only one covered combination, then

(B) As a single price pool to those combining the first-place betting interest with the one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

(C) As a profit split to those wagers correctly selecting the winner for first-place and those wagers selecting any of the dead-heated betting interests for second-place; but if there are no such wagers, then

(D) The entire pool shall be refunded on Exacta wagers for

that contest.

(k) Trifecta Pools

(i) The Trifecta requires selection of the first three finishers, in their exact order, for a single contest.

(ii) The net Trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(D) The entire pool shall be refunded on Trifecta wagers for

that contest.

(iii) If less than three betting interests finish and the contest is declared official, payoffs will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest shall be ignored.

(iv) If there is a dead heat for first involving:

(A) Contestants representing three or more betting interests, all of the wagering combinations selecting three betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

(B) Contestants representing two betting interests, both of the wagering combinations selecting the two dead-heated betting interests, irrespective of order, along with the third-place betting interest shall share in a profit split.

(v) If there is a dead heat for second, all of the combinations correctly selecting the winner combined with any of the betting interests involved in the dead heat for second shall share in a profit split.

(vi) If there is a dead heat for third, all wagering combinations correctly selecting the first two finishers, in correct sequence, along with any of the betting interests involved in the dead heat for third shall share in a profit split.

(l) Superfecta Pools

(i) The Superfecta requires selection of the first four finishers, in their exact order, for a single contest.

(ii) The net Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(A) As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(D) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(E) The entire pool shall be refunded on Superfecta wagers for

that contest.

(iii) If less than four betting interests finish and the contest is declared official, payoffs will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest shall be ignored.

(iv) If there is a dead heat for first involving:

(A) Contestants representing four or more betting interests, all of the wagering combinations selecting four betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split.

(B) Contestants representing three betting interests, all of the wagering combinations selecting the three dead-heated betting interests, irrespective of order, along with the fourth-place betting interest shall share in a profit split.

(C) Contestants representing two betting interests, both of the wagering combinations selecting the two dead-heated betting interests, irrespective of order, along with the third-place and fourth-place betting interests shall share in a profit split.

(v) If there is a dead heat for second involving:

(A) Contestants representing three or more betting interests, all of the wagering combinations correctly selecting the winner combined with any of the three betting interests involved in the dead heat for second shall share in a profit split.

(B) Contestants representing two betting interests, all of the wagering combinations correctly selecting the winner, the two dead-heated betting interests, irrespective of order, and the fourth-place betting interest shall share in a profit split.

(vi) If there is a dead heat for third, all wagering combinations correctly selecting the first two finishers, in correct sequence, along with any two of the betting interests involved in the dead heat for third shall share in a profit split.

(vii) If there is a dead heat for fourth, all wagering combinations correctly selecting the first three finishers, in correct sequence, along with any of the betting interests involved in the dead heat for fourth shall share in a profit split.

(viii) Coupled entries and mutuel fields shall be prohibited in Superfecta contests.

(m) Twin Quinella Pools

(i) The Twin Quinella requires selection of the first two finishers, irrespective of order, in each of two designated contests. Each winning ticket for the first Twin Quinella contest must be exchanged for a free ticket on the second Twin Quinella contest in order to remain eligible for the second-half Twin Quinella pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Quinella contest. There will be no monetary reward for winning the first Twin Quinella contest. Both of the designated Twin Quinella contests shall be included in only one Twin Quinella pool.

(ii) In the first Twin Quinella contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Quinella contest:

(A) If a coupled entry or mutuel field finishes as the first two finishers, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners; otherwise,

(B) Those whose combination finished as the first two betting interests shall be winners; but if there are no such wagers, then

(C) Those whose combination included either the first- or second-place finisher shall be winners; but if there are no such wager on one of those two finishers, then

(D) The entire pool shall be refunded on Twin Quinella wagers

for that contest.

(iii) In the first Twin Quinella contest only, if there is a dead heat for

first involving:

(A) Contestants representing the same betting interest, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners.

(B) Contestants representing two betting interests, the winning Twin Quinella wagers shall be determined as if no dead heat occurred.

(C) Contestants representing three or more betting interests, those whose combination included any two of the betting interests finishing in the dead heat shall be winners.

(iv) In the first Twin Quinella contest only, if there is a dead heat for second involving:

(A) Contestants representing the same betting interest, those who selected the first-place finisher combined with the coupled entry or mutuel field in second-place shall be winners.

(B) Contestants representing two or more betting interests, those who combined the first-place finisher with any of the betting interest involved in the dead for second shall be winners.

(v) In the second Twin Quinella contest only, the entire net Twin Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Quinella contest:

(A) If a coupled entry or mutuel field finishes as the first two finishers, as a single price pool to those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

(B) As a single price pool to those whose combination finished as the first two betting interests; but if there are no such wagers, then

(C) As a profit split to those whose combination included either the first- or second-place finisher; but if there are no such wagers on one of those two finishers, then

(D) As a single price pool to those whose combination included the one covered betting interest included within the first two finishers; but if there are no such wagers, then

(E) In accordance with subsection (ii) of the Twin Quinella

rules.

(vi) In the second Twin Quinella contest only, if there is a dead heat for first involving:

(A) Contestants representing the same betting interest, the net Twin Quinella pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

(B) Contestants representing two betting interests, the net Twin Quinella pool shall be distributed as if no dead heat occurred.

(C) Contestants representing three or more betting interests, the net Twin Quinella pool shall be distributed as profit split to those whose combination included any two of the betting interests finishing in the dead heat.

(vii) In the second Twin Quinella contest only, if there is a dead heat for second involving:

(A) Contestants representing the same betting interest, the net Twin Quinella pool shall be distributed as if no dead heat occurred.

(B) Contestants representing two or more betting interests, the net Twin Quinella pool shall be distributed as a profit split to those who combined the first-place finisher with any of the betting interests involved in the dead heat for second.

(viii) If a winning ticket for the first-half of the Twin Quinella is not presented for exchange prior to the close of betting on the second-half Twin Quinella contest, the ticket holder forfeits all rights to any distribution of the Twin Quinella pool resulting from the outcome of the second contest.

(ix) Should a betting interest in the first-half of the Twin Quinella be scratched, those Twin Quinella wagers including the scratched betting interest shall be refunded.

(x) Should a betting interest in the second-half of the Twin Quinella be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Quinella contest, the ticket holder forfeits all rights to the Twin Quinella pool.

(xi) If either of the Twin Quinella contests is cancelled prior to the first Twin Quinella contest, or he first Twin Quinella contest is declared "no contest", the entire Twin Quinella pool shall be refunded on Twin Quinella wagers for that contest.

(xii) If the second-half Twin Quinella contest is cancelled or declared "no contest" after the conclusion of the first Twin Quinella contest, the net Twin Quinella pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Twin Quinella contest and all valid exchange tickets. If there are no such wagers, the net Twin Quinella pool shall be distributed as described in subsection (ii) of the Twin Quinella rules.

(n) Twin Trifecta Pools

(i) The Twin Trifecta requires selection of the first three finishers, in their exact order, in each of two designated contests. Each winning ticket for the first Twin Trifecta contest must be exchanged for a free ticket on the second Twin Trifecta contest in order to remain eligible for the second-half Twin Trifecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Trifecta contest. Winning first-half Twin Trifecta wagers will receive both an exchange and a monetary payoff. Both of the designated Twin Trifecta contests shall be included in only one Twin Trifecta pool.

(ii) After wagering closes for the first-half of the Twin Trifecta and commissions have been deducted from the pool, the net pool shall then be divided into separate pools: the first-half Twin Trifecta pool and the second-half Twin Trifecta pool.

(iii) In the first Twin Trifecta contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Trifecta contest:

(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(D) The entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contests and the second-half shall be cancelled.

(iv) If no first-half Twin Trifecta ticket selects the first three finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second-half Twin Trifecta pool. In such case, the second-half Twin Trifecta pool shall be retained and added to any existing Twin Trifecta carryover pool.

(v) Winning tickets from the first-half of the Twin Trifecta shall be exchanged for tickets selecting the first three finishers of the second-half of the Twin Trifecta. The second-half Twin Trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Trifecta contest:

(A) As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first three betting interests; but if there are no such tickets, then

(B) The entire second-half Twin Trifecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second-half Twin Trifecta pool of the next consecutive performance.

(vi) If a winning first-half Twin Trifecta ticket is not presented for cashing and exchange prior to the second-half Twin Trifecta contest, the ticket holder may still collect the monetary value associated with the first-half Twin Trifecta pool but forfeits all rights to any distribution of the second-half Twin Trifecta pool.

(vii) Should a betting interest in the first-half of the Twin Trifecta be scratched, those Twin Trifecta wagers including the scratched betting interest shall be refunded.

(viii) Should a betting interest in the second-half of the Twin Trifecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Trifecta contest, the ticket holder forfeits all rights to the second-half Twin Trifecta pool.

(ix) If, due to a late scratch, the number of betting interests in the second-half of the Twin Trifecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half Twin Trifecta pool for the contest as a single price pool, but not the Twin Trifecta carryover.

(xi) If there is a dead heat or multiple dead heats in either the first- or second-half of the Twin Trifecta, all Twin Trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring in:

(A) The first-half of the Twin Trifecta, the payoff shall be calculated as a profit split.

(B) The second-half of the Twin Trifecta, the payoff shall be calculated as a single price pool.

(xii) If either of the Twin Trifecta contests are cancelled prior to the first Twin Trifecta contest is declared "no contest", the entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contest and the second-half shall be cancelled.

(xiii) If the second-half Twin Trifecta contest is cancelled or declared "no contest", all exchange tickets and outstanding first-half winning Twin Trifecta tickets shall be entitled to the net Twin Trifecta pool for that contest as a single price pool, but not Twin Trifecta carryover. If there are no such tickets, the net Twin Trifecta pool shall be distributed as described in subsection (iii) of the Twin Trifecta rules.

(xiv) The Twin Trifecta carryover may be capped at a designated level approval by the Commission so that if, at the close of any performance, the amount in the Twin Trifecta carryover equals or exceeds the designated cap, the Twin Trifecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the Twin Trifecta carryover is frozen, 100 percent of the net Twin Trifecta pool for each individual contest shall be distributed to winners of the first-half of the Twin Trifecta pool.

(xv) A written request for permission to distribute the Twin Trifecta carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived and the intended date and performance for the distribution.

(xvi) Should the Twin Trifecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Trifecta after completion of the first-half of the Twin Trifecta:

(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(D) As a single price pool to holders of valid exchange tickets.

(E) As a single price pool to holders of outstanding first-half

winning tickets.

(xvii) Contrary to subsection (iv) of the Twin Trifecta rules, during a performance designated to distribute the Twin Trifecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Twin Trifecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Twin Trifecta, all first-half tickets will become winners and will receive 100 percent of that day's net Twin Trifecta pool and any existing Twin Trifecta carryover as a single price pool.

(xviii) The Twin Trifecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

(A) Upon written approval from the Commission as provided in subsection (xv) of the Twin Trifecta rules.

(B) Upon written approval from the Commission when there is a change in the carryover cap or when the Twin Trifecta is discontinued.

(xix) If, for any reason, the Twin Trifecta carryover must be held over to the corresponding Twin Trifecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Commission. The Twin Trifecta carryover plus accrued interest shall then be added to the second-half Twin Trifecta pool of the following meet on a date and performance so designated by the Commission.

(xx) Providing information to any person regarding covered combinations amounts wagered on specific combinations or number of tickets sold is prohibited. This shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.

(xxi) The Permittee must obtain written approval from the Commission concerning the scheduling of Twin Trifecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Trifecta format require prior approval from the Commission.

(o) Tri-Superfecta Pools

(i) The Tri-Superfecta requires selection of the first three finishers, in their exact order, in the first of two designated contests and the first four finishers, in exact order, in the second of the two designated contests. Each winning ticket for the first Tri-Superfecta contest must be exchanged for a free ticket on the second Tri- Superfecta contest in order to remain eligible for the second-half Tri-Superfecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Tri- Superfecta contest. Winning first-half Tri-Superfecta tickets will receive both an exchange and a monetary payoff. Both of the designated Tri-Superfecta contests shall be included in only one Tri-Superfecta pool.

(ii) After wagering closes for the first-half of the Tri-Superfecta and commissions have been deducted from the pool, the net pool shall then be divided into two separate pools: the first-half Tri-Superfecta pool and the second-half Tri-Superfecta pool.

(iii) In the first Tri-Superfecta contest only, winning tickets shall be determined using the following precedence, based upon the official order of finish for the first Tri-Superfecta contest:

(A) As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(D) The entire Tri-Superfecta pool shall be refunded on Tri- Superfecta wagers for that contest and the second-half shall be cancelled.

(iv) If no first-half Tri-Superfecta ticket selects the first three finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second-half Tri-Superfecta pool. In such case, the second-half Tri- Superfecta pool shall be retained and added to any existing Tri-Superfecta carryover pool.

(v) Winning tickets from the first-half of the Tri-Superfecta shall be exchanged for tickets selecting the first four finishers of the second-half of the Tri- Superfecta. The second-half Tri-Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Tri- Superfecta contest:

(A) As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first four betting interests; but if there are no such tickets, then

(B) The entire second-half Tri-Superfecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second-half Tri-Superfecta pool of the next performance.

(vi) If a winning first-half Tri-Superfecta ticket is not presented for cashing and exchange prior to the second-half Tri-Superfecta contest, the ticket holder may still collect the monetary value associated with the first-half Tri-Superfecta pool but forfeits all rights to any distribution of the second-half Tri-Superfecta pool.

(vii) Coupled entries and mutuel fields shall be prohibited in Tri- Superfecta contests.

(viii) Should a betting interest in the first-half of the Tri-Superfecta be scratched, those Tri-Superfecta tickets including the scratched betting interest shall be refunded.

(ix) Should a betting interest in the second-half of the Tri-Superfecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Tri-Superfecta contest, the ticket holder forfeits all rights to the second-half Tri- Superfecta pool.

(x) If, due to a late scratch, the number of betting interests in the second-half of the Tri-Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half Tri- Superfecta pool for that contest as a single price pool, but not the Tri-Superfecta carryover.

(xi) If there is a dead heat or multiple dead heats in either the first- or second-half of the Tri-Superfecta, all Tri-Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring in:

(A) The first-half of the Tri-Superfecta, the payoff shall be calculated as a profit split.

(B) The second-half of the Tri-Superfecta, the payoff shall be calculated as a single price pool.

(xii) If either of the Tri-Superfecta contests are cancelled prior to the first Tri-Superfecta contest, or the first Tri-Superfecta contest is declared "no contest", the entire Tri-Superfecta pool shall be refunded on Tri-Superfecta wagers for that contest and the second-half shall be cancelled.

(xiii) If the second-half Tri-Superfecta contest is cancelled or declared "no contest", all exchange tickets and outstanding first-half winning Tri-Superfecta tickets shall be entitled to the net Tri-Superfecta pool for that contest as a single price pool, but not the Tri-Superfecta carryover. If there are no such tickets, the net Tri- Superfecta pool shall be distributed as described in subsection (iii) of the Tri-Superfecta rules.

(xiv) The Tri-Superfecta carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Tri-Superfecta carryover equals or exceeds the designated cap, the Tri-Superfecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the second-half Tri-Superfecta carryover is frozen, 100 percent of the net Tri- Superfecta pool for each individual contest shall be distributed to winners of the first- half of the Tri-Superfecta pool.

(xv) A written request for permission to distribute the Tri-Superfecta as a carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

(xvi) Should the Tri-Superfecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Tri-Superfecta after completion of the first-half of the Tri-Superfecta:

(A) As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(D) As a single price pool to holders of valid exchange tickets.

(E) As a single price pool to holders of outstanding first-half

winning tickets.

(xvii) Contrary to subsection (iv) of the Tri-Superfecta rules, during a performance designated to distribute Tri-Superfecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Tri-Superfecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-place betting interest only. If there are no

such wagers selecting the first-place betting interest only in the first-half of the Tri- Superfecta, all first-half tickets will become winners and will receive 100 percent of that day's net Tri-Superfecta pool and any existing Tri-Superfecta carryover as a single price pool.

(xviii) The Tri-Superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

(A) Upon written approval from the Commission as provided in subsection (xv) of the Tri-Superfecta rules.

(B) Upon written approval from the Commission when there is a change in the carryover cap or when the Tri-Superfecta is discontinued.

(xix) If, for any reason, the Tri-Superfecta carryover must be held over to the corresponding Tri-Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Commission. The Tri- Superfecta carryover plus accrued interest shall then be added to the second-half Tri- Superfecta pool of the following meet on a date and performance so designated by the Commission.

(xx) Providing information to any person regarding covered combinations, amounts wagered on specific combinations or number of tickets sold is prohibited. This shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.

(xxi) The Permittee must obtain written approval from the Commission concerning the scheduling of Tri-Superfecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and amount of any cap to be set on the carryover. Any changes to the approved Tri-Superfecta format require approval from the Commission.

(p) Twin Superfecta Pools

(i) The Twin Superfecta requires selection of the first four finishers, in their exact order, in each of two designated contests. Each winning ticket for the first Twin Superfecta contest must be exchanged for a free ticket on the second Twin Superfecta contest in order to remain eligible for the second-half Twin Superfecta pool. Such tickets may be exchanged only at attended tickets windows prior to the second Twin Superfecta contest. Winning first-half Twin Superfecta tickets will receive both an exchange and a monetary payoff. Both of the designated Twin Superfecta contests shall be included in only one Twin Superfecta pool.

(ii) After wagering closes for the first-half of the Twin Superfecta and commissions have been deducted from the pool, the net pool shall then be divided into two separate pools: the first-half Twin Superfecta pool and the second-half Twin Superfecta pool.

(iii) In the first Twin Superfecta contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Superfecta contest:

(A) As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(D) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(E) The entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the second-half shall be cancelled.

(iv) If no first-half Twin Superfecta ticket selects the first four finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second-half Twin Superfecta pool. In such case, the second-half Twin Superfecta pool shall be retained and added to any existing Twin Superfecta carryover pool.

(v) Winning tickets from the first-half of the Twin Superfecta shall be exchanged for tickets selecting the first four finishers of the second-half of the Twin Superfecta. The second-half Twin Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Superfecta contest:

(B) The entire second-half Twin Trifecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second-half Twin Superfecta pool of the next performance.

(vi) If a winning first-half Twin Superfecta ticket is not presented for cashing and exchange prior to the second-half Twin Superfecta contest, the ticket holder may still collect the monetary value associated with the first-half Twin Superfecta pool but forfeits all rights to any distribution of the second-half Twin Trifecta pool.

(vii) Coupled entries and mutuel fields shall be prohibited in Twin Superfecta contests.

(viii) Should a betting interest in the first-half of the Twin Superfecta be scratched, those Twin Superfecta tickets including the scratched betting interest shall be refunded.

(ix) Should a betting interest in the second-half of the Twin Superfecta be scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Superfecta contest, the ticket holder forfeits all rights to the second-half Twin Superfecta pool.

(x) If, due to a late scratch, the number of betting interests in the second-half of the Twin Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets shall be entitled to the second-half Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover.

(xi) If there is a dead heat or multiple dead heats in either the first- or second-half of the Twin Superfecta, all Twin Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, shall be a winner. In the case of a dead heat occurring:

(A) The first-half of the Twin Superfecta, the payoff shall be calculated as a profit split.

(B) The second-half of the Twin Superfecta, the payoff shall be calculated as a single price pool.

(xii) If either of the Twin Superfecta contests are cancelled prior to the first Twin Superfecta contest, or the first Twin Superfecta contest is declared "no

contest", the entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the second-half shall be cancelled.

(xiii) If the second-half Twin Superfecta contest is cancelled or declared "no contest", all exchange tickets and outstanding first-half winning Twin Superfecta tickets shall be entitled to the net Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover. If there are no such tickets, the net Twin Superfecta pool shall be distributed as described in subsection 3 of the Twin Superfecta rules.

(xiv) The Twin Superfecta carryover may be capped at a designated level approved by the Commission so that if, at the close of any performance, the amount in the Twin Superfecta carryover equals or exceeds the designated cap, the Twin Superfecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the second-half Twin Superfecta carryover is frozen, 100 percent of the net Twin Superfecta pool for each individual contest shall be distributed to winners of the first-half of the Twin Superfecta pool.

(xv) A written request for permission to distribute the Twin Superfecta carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

(xvi) Should the Twin Superfecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Superfecta after completion of the first-half of the Twin Superfecta:

(A) As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

(B) As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

(C) As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

(D) As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

(E) As a single price pool to holders of valid exchange tickets.

(F) As a single price pool to holders of outstanding first-half

winning tickets.

(xvii) Contrary to subsection (iv) of the Twin Superfecta rules, during a performance designated to distribute the Twin Superfecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Twin Superfecta. If there are no wagers correctly selecting the first-, second-, third-, and fourth-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-, second-, third-place betting interests. If there are no wagers correctly selecting the first-, second-, third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, the exchange tickets shall be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Twin Superfecta, all first-half tickets will become winners and will receive 100 percent of that day's net Twin Superfecta pool and any existing Twin Superfecta carryover as a single price pool.

(xviii) The Twin Superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

(A) Upon written approval from the Commission as provided in subsection (xv) of the Twin Superfecta rules.

(B) Upon written approval from the Commission when there is a change in the carryover cap or when the Twin Superfecta is discontinued.

(xix) If, for any reason, the Twin Superfecta carryover must be held over to the corresponding Twin Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Commission. The Twin Superfecta carryover plus accrued interest shall then be added to the second-half Twin Superfecta pool of the following meet on a date and performance so designated by the Commission.

(xx) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited. This shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.

(xxi) The Permittee must obtain written approval from the Commission concerning the scheduling of Twin Superfecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Superfecta format require prior approval from the Commission.

History

Effective 2017-04-24

Chapter 10 Simulcasting

Wyo. Code R. 038.0001.10.04242017 Simulcasting

CHAPTER 10

SIMULCASTING

The Commission finds that the racing, breeding and pari-mutuel wagering industry is an important sector of the agricultural economy of this state, provides substantial revenue for state and local governments, and employees hundreds of state residents. The protection of the betting public is the primary objective of the Commission.

Section 1. Definitions.

(a) ASSOCIATION WHICH ACCEPTS THE WAGER means the guest association where the bettor contributes his money to the pari-mutuel pool and receives a pari-mutuel ticket.

(b) AUTHORIZED USER means a person authorized by the Commission to receive, to decode and to use for legal purposes the simulcast signal of pari-mutuel events.

(c) COMBINED PARI-MUTUEL POOLS (combined pools) means the pari-mutuel wagers at one or more guest associations being contributed into the pari-mutuel pools of a host association or the combined pari-mutuel pools of simulcast facilities within the state of Wyoming.

(d) COMMISSION means the Wyoming Pari-Mutuel Commission.

(e) DECODER means a device and/or means to convert encrypted audio-visual signals and/or data into a form recognizable as the original content of the signals.

(f) DOWNLINK means a receiving antenna coupled with an audio-visual signal receiver compatible with and capable of receiving simultaneous audio-visual signals and/or data emanating from a host association, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the satellite facility.

(g) ENCLOSURE, ENCLOSURE-PUBLIC, includes all enclosed areas of the simulcast wagering facility.

(h) ENCRYPTION (encrypted or encoded) means the scrambling or other manipulation of the audio-visual signals to mask the original content of the signal and so cause such signals to be indecipherable and unrecognizable to any person receiving such signal.

(i) FLAT TRACK HORSE RACING means a horse race in which horses mounted by a jockey run over a course on which no jumps or other obstacles are placed.

(j) GUEST, GUEST ASSOCIATION or SIMULCAST OPERATOR means a permitted simulcast licensee authorized by the Commission to offer, sell, cash, redeem or exchange pari-mutuel tickets whether electronically generated or otherwise on races being offered live or historic at a host association.

(k) HOST or HOST ASSOCIATION means the racing association conducting a licensed horse racing meeting when it is authorized by the Commission to simulcast its racing program. It may also be considered the sending track which means any track from which simulcast signals originate.

(l) INTERSTATE SIMULCAST WAGERING means wagering conducted by a betting system outside the state of Wyoming on live or historic results of one or more races being run at a Wyoming host association or wagering conducted by a betting system within the state of Wyoming on live or historic results of one or more races being run at a host association outside the state of Wyoming.

(m) INTRASTATE SIMULCAST WAGERING means pari-mutuel wagering at a Wyoming guest association on events live or historic at a Wyoming host association.

(n) OUT-OF-STATE SIMULCAST FACILITY means a track or other facility, located within a jurisdiction other than Wyoming, at which pari-mutuel wagers are placed, accepted or distributed, either in person or electronically, on simulcast races pursuant to proper authorization under the laws of that jurisdiction.

(o) OUT-OF-STATE WAGERING means acceptance of wagers by a host or guest association on the results of live or historic races run at a race meeting outside the state of Wyoming.

(p) SATELLITE FACILITY, intrastate wagering facility, extended wagering facility means the physical premises, structure and equipment utilized by a guest association for the conduct of pari-mutuel wagering on horse racing events being run elsewhere, live or historic.

(q) SATELLITE TRANSPONDER, transponder means leased space segment time of an earth-orbit communication satellite.

(r) SIMULCAST means the sale of pari-mutuel pools electronically transmitted of live or historic horse races on interstate or intrastate pari-mutuel events as prescribed by the commission.

(s) SIMULCAST OPERATOR means a person licensed by the Commission to operate a simulcast wagering system as provided for by these rules.

(t) SIMULCAST SERVICE SUPPLIER means a person engaged in providing service, supplies or equipment necessary to the operation of intrastate, interstate or out-of-state simulcast wagering for use by a host association, guest association, simulcast operator, or authorized user, including but not limited to, pari-mutuel wagering terminals, uplink, downlink, television receivers and related equipment; but does not include persons authorized by the Federal Communications Commission to provide telephone service or space segment time on satellite transponders.

(u) SOURCE MARKET FEE means a license fee, assessed by the Commission pursuant to W.S. § 11-25-105 (m), payable by the out-of-state simulcast facilities that conduct pari-mutuel wagering on simulcast races and that accept wagers from Wyoming residents by telephone or other electronic means at those facilities.

(v) UPLINK means an earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals and/or data on FCC-controlled frequencies, and includes any electronic transfer of the audio-visual signals from within the racing enclosure to the location of the transmitter at the uplink.

Section 2. General.

(a) The state Pari-Mutuel Commission shall have general jurisdiction over the simulcasting of horse races live or historic within the state, and the Commission may issue rules and regulations in accordance with the provisions of this article as provided for in Wyoming Statutes.

(b) Every permit to hold a Simulcast Event, limited to a maximum time of three (3) years or less, is granted upon the condition that the Permittee shall accept, observe and assist in the enforcement of the Rules. It shall be the duty of each officer, director and every licensee, official and employee to observe and assist in the enforcement of the Rules.

(c) Members of the Commission and its designated representatives shall have the right of full and complete entry to any and all parts of the facilities of the Permittee.

Section 3. Requirements for Simulcast Facilities.

(a) Any racing association or corporation authorized to conduct pari-mutuel wagering under this chapter, desiring to display the simulcast of live or historic pari-mutuel events on which pari-mutuel betting shall be permitted in the manner and subject to the conditions provided for under these rules may apply to the Commission for a license. Applications for permits shall be in such form as may be prescribed by the Commission and shall contain such information or other material or evidence as the Commission may require. The fee for such permits shall be fifty ($50.00) dollars for each operator per event day payable by the Permittee to the Commission.

(i) The fifty ($50.00) dollars per day fee is nonrefundable.

(b) As a condition of receiving a permit to simulcast for a given year(s), the simulcast permit applicant shall meet the following conditions:

(i) The simulcast permit application shall already be approved for a permit to conduct live pari-mutuel events, for the same calendar year(s).

(ii) The simulcast permit applicant shall apply for and actually conduct a minimum of sixteen (16) live flat track horse racing pari-mutuel event days in the same calendar year for each simulcast year requested, pursuant to a permit to conduct live events.

(iii) The grant or denial of a simulcast permit shall ensure fair and equitable involvement of all affected parties, including consideration of the economic viability of those days to simulcast permit applicants.

(iv) For good cause shown by a simulcast applicant, the Commission may grant a simulcast permit where the minimum number of live flat track days is less than the sixteen (16) days required under Sub-Section (b) above. The permittee shall conduct the approved number of flat track race days.

(v) All simulcast permit applications and associated live event permit applications shall be received in the Commission office no later than the date set by the Commission, but not less than sixty (60) days prior to the first day of proposed simulcast operation, for a given year(s).

(vi) In the case of a permittee granted both a live and simulcast event permit that fails or refuses to actually run the sixteen (16) days of live flat track horse races, or lesser number of days as approved by the Commission, that permittee shall not receive a simulcast permit for the next calendar year. A simulcast permit issued for the year in which the required number of flat track racing days were not conducted, shall have their simulcast permit immediately suspended for the remainder of the same year. For good cause shown, a permittee may be excused from failing/refusing to run the required days of flat track racing.

(vii) Each Permittee shall make reasonable efforts to negotiate in good faith an agreement with a Horsemen's Association, as defined in W.S. § 11-25-102 (a),(xii). Establishing the allocation of purse money to Live Flat Track Horse Racing not specified in Statutes for the purpose of enhancing Live Flat Track Horse Racing in Wyoming as appropriate.

(A) The agreement shall include provisions allocating a percentage of the takeout to purses on live flat track races run by the Permittee.

(B) The accounts where the purse money is held, along with the safe guards which guarantee those accumulated purses are not used for operational expenses.

(c) Before the Commission may grant such license, it shall review and approve a plan of operation submitted by an applicant including, but not limited to, the following information:

(i) A feasibility study denoting the revenue earnings expected from the simulcast facility and the costs expected to operate such facility. The feasibility study shall include:

(A) A detailed description of the proposed enclosure and the placement of terminals on which pari-mutuel wagers will be made, including a drawing to scale of the proposed enclosure which describes the site, construction, layout, capacity, number of terminals, and location of surveillance and other security equipment.

(B) The number of live simulcast races to be displayed.

(D) The types of wagering to be offered.

(E) The level of attendance expected and the area from which such attendance will be drawn.

(F) The level of anticipated wagering activity.

(G) The source and amount of revenues expected from other than pari-mutuel wagering.

(H) The cost of operating the simulcast facility and the identification of costs to be amortized and the method of amortization of such costs.

(I) The probable impact of the proposed operation on revenues to local government.

(ii) The security measures to be employed to protect the facility, to control crowds, to safeguard the transmission of the simulcast signals and to control the transmission of wagering data to effectuate common wagering pools.

(iii) The type of data processing, communication, totalisator and transmission equipment to be utilized.

(A) Pari-Mutuel wagering on live and historic horse races shall be conducted through the use of a totalisator or other similar mechanical equipment approved by the Commission.

(B) The totalisator or other mechanical equipment shall be available for testing under the supervision of the Commission upon request by the Commission to ensure its proper working order.

(iv) The description of the management groups responsible for the operation of the simulcast facility.

(v) The system of accounts to maintain a separate record of revenues collected by the simulcast facility, the distribution of such revenues and the accounting of costs relative to the simulcast operation.

(vi) The location of the facility and a written confirmation from appropriate local officials that the location of such facility and the number of patrons expected to occupy such facility are in compliance with all applicable local ordinances.

(vii) The Permittee shall provide the written contracts between host facility owners and the Permittee if applicable.

(viii) The written agreements and letters of consent between specified parties pursuant to Wyoming Statute.

(d) Final approval of a satellite facility within each county shall come from the county commissioners board and such approval shall be filed with the Commission prior to the conducting of simulcasting in that county.

(e) The Commission shall use the following decisional criteria in the approval or disapproval of an application for simulcast operator.

(i) The operator's general benefit to the state of Wyoming.

(ii) The operator's general benefit to the state of Wyoming's horse racing industry.

(iii) The operator's integrity:

(A) Individual and corporate conduct.

(B) Criminal history.

(iv) The operator's credibility:

(A) Accuracy of a feasibility study.

(B) Experience and expertise of the operator in the simulcast industry.

(v) Financial stability.

(f) A Permittee shall not implement any changes or modification of the practices, procedures, or representations upon which the approval was based without the prior written approval of the Commission.

Section 4. Duty of Association to Offer Extended Wagering.

(a) Every Wyoming pari-mutuel track simulcasting its racing program shall contract with a simulcast operator (and/or simulcast service suppliers) for the purpose of providing authorized users with its simulcast.

(b) A racing association is responsible for the content of its simulcast and shall use all reasonable effort to present a simulcast which offers the viewers an exemplary depiction of its racing program, a periodic display of wagering information, and continuity programming between horse racing events.

(c) Unless otherwise permitted by the Commission, every simulcast will contain in its video content a digital display of the actual time of day, the name of the race track from where it emanates the number of the race being displayed and the sequential fractional time of the race as the race is being run.

Section 5. Licenses for Simulcast Operators.

(a) Every person acting as a simulcast operator within Wyoming shall procure a license from the Commission and no person shall act in the capacity of a simulcast operator without a valid license. Such license must be renewed and may be denied for any cause justifying suspension or revocation of license for violation of these rules. In order to obtain or renew a permit the applicant or holder:

(i) Submits a financial statement as required by the Commission.

(ii) Posts with the Commission a surety bond in an amount specified by the Commission, but not less than $100,000 in such form as Wyoming Statutes require to ensure payment of distributable amounts of pari-mutuel pools pursuant to statute, operational costs, salaries, wages, benefits, and related financial obligations.

(A) The surety bond shall be in effect for the duration of the permitted event and a minimum of three (3) months after the last permitted day of operation.

(iii) Demonstrates experience and or adequate knowledge of the conduct of simulcast wagering and/or pari-mutuel wagering operations.

(b) No license as simulcast operator shall be granted to:

(i) Any nonprofit corporation or nonprofit organization entitled to an exemption from any tax imposed by this state.

(ii) A person or entity who has failed, refused or neglected to comply with any rule, regulation, condition of license, or order of the Commission or its stewards reasonably related to its conduct as a simulcast operator, or who has engaged in any activity which is grounds for denial, suspension or revocation of license pursuant to the rules of the Commission or whose general partners, officers, directors, or employees have engaged in any unlawful activity determined to be conduct detrimental to the best interests of horse racing.

(c) There shall be no limitation as to the number of days a licensee may operate except as may otherwise be provided for within these rules or Wyoming Statutes.

Section 6. Duties of Simulcast Operator.

(a) A simulcast operator conducts and operates a pari-mutuel wagering system at one or more guest associations on the results of horse races being held or conducted and simulcast from the enclosures of one or more host associations pursuant to its agreement with such guest and host association and with the approval of the Commission.

(b) A simulcast operator shall provide:

(i) Adequate transmitting and/or receiving equipment which shall not interfere with the closed circuit TV system of the host track association for officiating any on-track patron information. All equipment shall be of acceptable broadcast quality.

(ii) Pari-mutuel terminals, pari-mutuel odds display, modems and/or switching units enabling pari-mutuel data transmissions, and data communication between the sending and the receiving associations.

(c) A simulcast operator shall conduct the pari-mutuel wagering at a guest association pursuant to the applicable Commission rules.

(d) The Commission shall appoint at least one steward to supervise all approved simulcast facilities and may require additional stewards as is reasonably necessary for the protection of the public interest.

(e) At the request of the Commission, for a period of one year the simulcast operator shall furnish a copy of simulcast races. Copies shall be in such form and content as requested by the Commission.

(f) The simulcast operator shall initiate tests of its equipment, and data communication to assure proper operation of the system.

(g) The simulcast operator shall, at the request of any representative of the Commission, display a listing of all locations within this state enabled to receive the simulcast; and failure to do so is grounds for immediate summary suspension of license and immediate cessation of simulcasting activities.

(h) The simulcast operator shall maintain such security controls over its uplink and communications system as directed by the Commission.

(i) The simulcast operator shall, in conjunction with the host association or associations for which it operates pari-mutuel wagering, provide the Commission with a certified report of its pari-mutuel operations as directed by the Commission.

(j) Every simulcast operator shall file with the Commission an annual report of its simulcast operations and a financial statement.

(k) The simulcast operator shall not operate a simulcasting facility during the time a live pari-mutuel event is being performed within the state if such facility is within 100 miles of the live event as per W.S. § 11-25-102 (a),(vii),(C). During the time of such live event, the simulcasting operator shall offer simulcasting at each live pari-mutuel event as the Commission may require. (See also Chapter 10, Section 7. (f).)

Section 7. Out-of-State and Interstate Wagering.

(a) When conducting out-of-state and interstate wagering, the following conditions shall also apply:

(i) A racing association, guest association, or simulcast operator may conduct simulcast wagering on the results of one or more races conducted by an out-of-state racing association provided:

(A) The association intending to conduct wagering on an out-of-state race files with the Commission a copy of the agreement with the out-of-state association and any written approvals required by the Commission including Chapter 57, Section 3001, of Title 15 of the United States Code and any other applicable federal laws, and a statement setting forth the date and time it intends to commence accepting wagers on the out-of-state race or races.

(B) The Commission approves the methods by which the out-of-state association intends to transmit the simulcast of its race or races and the restrictions, if any, placed on the use of such simulcast, and the methods to be used to assure a separate voice communication system between its steward and the stewards or placing judges at the track where the race or races are held.

(ii) A racing association may authorize use of its simulcast for interstate wagering by out-of-state betting systems provided:

(A) The association files with the Commission a copy of the agreement with the out-of-state betting system which sets forth the payment to the association for use of its simulcast, and of any agreements required by Chapter 57, including Section 3001, of Title 15 of the United States Code.

(b) All simulcast must comply with Chapter 10 of the administrative Rules of the Pari-Mutuel Commission.

(c) Wagering shall be permitted only on races conducted at approved locations at pari-mutuel tracks governed by state racing commission, racing board or other governmental agency.

(d) If a simulcasting facility has an interruption in its audio/visual signal, the race may be deemed no contest at the discretion of the assigned steward and all wagers at the facility in such instances shall be refunded.

(e) All wagers are made on the official results of the hosting track.

(f) The wagers bet on races which are set up by the simulcast operator at live pari-mutuel event facilities shall contribute to the live pari-mutuel event pool. (See Chapter 10, Section 6. (k).)

Section 8. Out-of-State Simulcast, Account Wagering, and Advance Deposit Wagering Facilities.

(a) Pursuant to W.S. § 11-25-105 (m), The commission may license, regulate and charge a source market fee to persons outside of Wyoming who conduct pari-mutuel wagering on simulcast races and who accept wagers from Wyoming residents at out-of-state simulcast facilities, and shall require out-of-state simulcast facilities licensed under this section to be maintained and operated in accordance with the laws of this state and rules of the commission.

(i) Out-of-State Simulcast Facility applicants shall furnish authorization from their host jurisdiction with each application.

(ii) The annual fee of two hundred and fifty ($250.00) dollars shall be paid to the Commission for licensing, and is not in lieu of a source market fee.

(iii) Each licensed and authorized pari-mutuel wagering entity located out-of-state, shall utilize a totalisator company, equipment, and software that are approved by the Commission which satisfy the record keeping and reporting requirements of the Commission.

(iv) A source market fee specified by the Commission shall be paid by authorized licensed pari-mutuel wagering entities for the source market fee area on all accounts that have Wyoming as the principal residence address. Source market fees imposed on persons licensed, shall not exceed ten (10%) percent of the gross receipts of all pari-mutuel wagering by Wyoming residents conducted by such person at out-of-state simulcast facilities. The source market fee shall be paid to the Commission and distributed pursuant to W.S. § 11-25-105 (m) (i) (ii) (iii) and (iv).

(A) Source market fees are not imposed on Permitted Events which originate in Wyoming.

(v) The licensed pari-mutuel wagering entity shall make all electronic wagering account information available to the Commission upon request.

Also See Chapter 9, Section 2 Advance Deposit Wagering

Section 9. Historic Horse Racing

(a) The only wagering permitted on historic horse racing shall be under the pari-mutuel system of wagering. Historic horse racing is an exotic wager and all systems of wagering other than pari-mutuel shall be prohibited.

(i) Wagering conducted in conformity with W.S. § 11-25-101 through 11-25-113.

(b) Wagering on a historic horse race(s) shall only be conducted by a Permittee approved by the Commission.

(c) Wagering on a historic horse race(s) shall only be permitted in a designated area on the permitted premises of a Permittee licensed to conduct a live horse race meeting, including any satellite facility where live simulcasting is available and approved by the Commission.

(i) All designated areas shall be established in such a way as to control access by the general public and prevent entry by any patron who is under eighteen (18) years of age or is otherwise not permitted to place wagers.

(ii) Each Permittee shall provide terminals that are accessible to handicapped patrons.

(d) A Permittee may conduct wagering on historic races on any days and hours which is in conformity with local municipalities and approved by the Commission.

(e) The permittee shall submit an application to the Commission when making a request to offer historic horse racing.

(i) The permittee shall pay an additional fee in the amount of fifty ($50.00) dollars for each day offering historic horse racing (non-refundable)

(ii) The permittee shall submit a list for approval:

(A) All wagering types offered by historic horse racing terminals.

(B) The types, number, and denominations of pari-mutuel wagers to be offered.

(C) A detailed description of the rules that apply to the pari-mutuel wager and the method of calculating payouts, including how money will be allocated to seed pools.

(iv) The Commission may require additional information and clarification.

(f) Historic horse racing terminals shall use cash or cash vouchers only.

(g) All wagering on a historic horse race shall incorporate the following elements:

(i) A Permittee shall at all times maintain at least two (2) terminals offering each type of exotic wager on an historic horse race, in each location;

(ii) Once a patron deposits the wagered amount in the terminal offering wagering on a historic horse race, a historic horse race or races shall be chosen at random;

(iii) Prior to the patron making his or her wager selections, the terminal shall not display any information that would allow the patron to identify the historic race on which he or she is wagering, including the location of the race, the date on which the race was run, the names of the horses in the race, or the names of the jockeys that rode the horses in the race;

(iv) The terminal shall make available true and accurate past performance information on the historic horse race to the patron prior to making his or her wager selections. The information shall be current as of the day the historic horse race was actually run. The information provided to the patron shall be displayed on the terminal in data or graphical form; and

(v) After a patron finalizes his or her wager selections, the terminal shall display a video replay of the race(s), a portion thereof, or an animated depiction of the race's finish, and the official results of the race(s). The identity of the race(s) shall be revealed to the patron after the patron has placed his or her wager;

(vi) Each terminal for wagering shall display odds or pool amounts that the patron will receive for a winning wager on each pari-mutuel pool.

(h) The Commission may require testing of each terminal used for wagering on historic horse races by an independent testing laboratory to ensure its integrity and proper working order.

(i) The independent testing laboratory shall be chosen by the Commission and the expense of the testing shall be paid by the Permittee offering the wagering on historic horse races.

History

Effective 2017-04-24

Chapter 11 Cutter and Chariot Racing

Wyo. Code R. 038.0001.11.08082011 Cutter and Chariot Racing

CHAPTER 11

CUTTER AND CHARIOT RACING

Section l. Eligibility.

(a) All participants will have a minimum weight of 275 pounds which includes chariot, driver, and harness. No minimum weight on chariot.

(b) Driver shall not be fastened or attached to the chariot in any manner.

Section 2. Start.

(a) With approval of the stewards the starter shall have authority to scratch an un-cooperative team and driver.

Section 3. Finish.

(a) The intact team whose horses or horse nose reach the finish line first with the driver shall be the winner.

(b) In the event of a dead heat, judges shall revert to the third horse to determine the winning team.

Section 4. Race.

(a) No team is to interfere in any way with any other team. Disqualification of a team shall be determined by the stewards.

(b) Photo finish shall be provided.

(d) Once a team has run at a meet no substitution may be made without permission from the Commission Veterinarian and Board of Stewards.

(e) In no case may a horse race on any more than one team.

(f) All rules of pari-mutuel racing in the State of Wyoming are applicable.

History

Effective 2011-08-08

Chapter 12 Professional Roping Events

Wyo. Code R. 038.0001.12.08312010 Professional Roping Events

CHAPTER 12

PROFESSIONAL ROPING EVENTS

Official Event Rules. The rules governing the fairness or conduct of the competition at permitted events, the safety of contestants and livestock and the definition of events.

Section 1. Definitions.

(a) ANIMAL are all horses or cattle on permitted grounds.

(b) ARENA is the enclosure where the roping event is contested.

(c) ARENA SECRETARY is a person licensed by the Commission that is responsible for compiling an official program and maintaining an accurate record of all ropers, section results, and payouts.

(d) BARRIER is a rope, which is stretched across the front of the timed event box, that allows a calf or steer a head start. The contestant's horse cannot cross the barrier prior to the stock crossing the score line.

(e) BREAKING BARRIER is when a roper rides across or breaks the barrier before the calf or steer has crossed the score line. A 10-second penalty is added to the time of a roper who breaks the barrier.

(f) DALLY TEAM ROPING is a timed competition where two Ropers rope a steer.

One is making a head catch and one making a heel catch.

(g) CONVEYANCE/HORSE AMBULANCE shall mean a vehicle, trailer, or sled which can remove animals from the arena in case of injury.

(h) CHUTES a confinement area where a single calf or steer is held prior too being dispatched for a Roper to rope.

(i) CROSSFIRE as used in Dally Team Roping is when a heeler throws the loop too early (steers direction must be changed by header and steer must be in tow before heel rope can be thrown) and a disqualification shall be called by the Judges.

(j) DRAWING OF ROPER is a blind and random method approved by the Judges in which ropers are drawn for positions in a go-round or section.

(k) DRAWING OF STOCK is a blind and random method approved by the Judges in which stock are drawn and paired up with a roper for a go-round or section.

(l) GENERAL MANAGER is a person licensed by the Commission to oversee, supervise, and be responsible for the operation of the Professional Roping Event.

(m) GO-ROUND/SECTION is a contest between ropers for purse, stakes, premium, or entrances fees on any permitted grounds and in the presence of the Steward/Judges.

(n) HEADER as used in Dally Team Roping is the Roper responsible for roping the steers horns, head, or neck.

(o) HEELER as used in Dally Team Roping is the Roper responsible for roping the steers hind legs.

(p) JUDGES are the officials licensed and approved by the Commission to oversee the roping event, with the exclusion of the pari-mutuel wagering.

(q) MUTUEL MANAGER is a person licensed by the Commission to oversee, supervise, and be responsible for the mutuel department. Refer to Chapter 6, Section 8.

(r) PERFORMANCE is a rodeo event day or evening as authorized by the Commission.

(s) PERMITEE is any person, entity or corporations granted a permit by the Commission to conduct pari-mutuel events within the State of Wyoming.

(t) PROFESSIONAL ROPING EVENT is a timed roping event permitted by the Commission where contestants compete for money.

(u) ROPER is a contestant in a pari-mutuel roping event licensed by the Commission. No one under the age of 16 years of age shall be granted a license.

(v) ROPING EVENT is a professional roping contest permitted by the Commission.

(w) TIE-DOWN ROPING is a timed competition where a Roper must rope a calf, dismount, throw calf by hand and cross and tie three legs.

(x) SCORE LINE is the distance from the chute that a steer or calf is given as a head start.

(y) SLACK is an over flow of contestants entered in a performance permitted by the Commission.

(z) SLICK CATCH as used in Steer Roping is a catch where the rope goes around both horns only. No figure eight or loop is allowed when making a slick catch.

(aa) STEER ROPING is a timed competition where a Roper catches a steer with a rope making a head catch and trips the steer, once tripped the Roper must dismount and cross and tie three legs.

(bb) STEWARD shall mean the head roping official licensed by the Commission, or his/her duly appointed deputies, charged with the duty of making sure pari-mutuel roping events are carried out in conformance with rules of the Wyoming Pari-Mutuel Commission.

(cc) STOCK shall mean the cattle "calf or steer" used in a roping event.

(dd) STOCK CONTRACTOR is the individual or individuals licensed by the Commission that provides the permitee with cattle for the Roping Event.

(ee) TIME means the official time, which a roper receives in each go-round/section.

(ff) TIMER shall mean the 2 individuals licensed by the Commission that are responsible for the official timing of roping events.

(gg) VETERINARIAN is a person who is licensed by the Commission and to practice veterinary medicine in the State of Wyoming.

Section 2. Officials.

(a) At least thirty (30) days prior to the first day of the event a Permittee shall submit in writing to the Commission the names of all officials engaged for the pari-mutuel event and no official shall be qualified to act until approved and licensed by the Commission. Officials may hold dual positions with approval of the Commission. In the event of incapacitation of any approved official the Permittee may, with approval of the Commission, appoint a substitute.

(b) The officials of a Roping Event are as follows: at least 2 Judges; Veterinarian; Mutuel Manager; Timers; Arena Secretary; General Manager; Stock Contractor; and other officials that the Commission may prescribe.

(c) Judges, Veterinarian, and Timers. The Permittee shall provide for judges, veterinarian, and timers for all roping events. All judges, veterinarian, and timers shall be approved by the Commission.

(d) No licensed person shall use obscene, profane, or indecent language to an official, or representative of the Commission.

Section 3. General Requirements.

(a) Any person who is engaged in or employed by those engaged in a Roping Event or operating a Roping Event or operating concessions for or under authority from any Permittee must be licensed by the Commission.

(b) The Permittee shall have an ambulance, approved to transport patients, at the arena during all performances and slack, and shall ensure that adequate first-aid services are available during all performances and slack.

(d) Betting Explanations. A summary explanation of pari-mutuel wagering and each type of betting pool offered shall be published in the program for every wagering performance. The rules relative to each type of pari-mutuel pool offered must be prominently displayed on the grounds and available upon request made to permittee representatives.

(e) Display of Betting Information

(i) Approximate odds for Win pool shall be posted on display devices within view of the wagering public and updated at intervals of not more than 90 seconds.

(ii) The probable payoff of 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.

(iii) Official results and payoffs must be displayed upon each contest being declared official.

(iv) Each Permittee approved by the Commission to conduct a Roping Event shall offer a current and accurate publication which reveals the order of competition, grouping, contestant's names, and available past performance records (money earned, national ranking, etc) for all ropers entered to the public.

(f) If no roper gets a time in a section, all wagers shall be carried over into the respective pools of the next section. If there are no more sections to be contested in the event, all money shall be refunded. Refer to Chapter 9 Sec. 1 (k) (vii).

Section 4. Performance and Slack.

(a) Slack shall be produced under the same conditions as a performance.

(b) The order of the performance go-rounds may not change once a go-round has started without the consent of the Judges.

Section 5. Drawing Positions.

(a) Drawing of Roper. Shall be a blind and random draw where a roper is drawn for his position in a go-round/section in the presence of a Steward or Judge or his/her designate.

(b) Drawing of Stock. Shall be a blind and random draw where stock is paired up with a roper for a go-round/section in the presence of a Steward or Judge or his/her designate.

Section 6. Arena Conditions.

(a) The arena shall be as free as possible of rock, holes, and unnecessary obstacles.

(b) The Permittee shall ensure that there is adequate lighting for all indoor and night Roping Events.

Section 7. Stewards/Judges and Judging.

(a) There shall be at least one Steward and at least two Judges at all Professional Roping Events permitted by the Commission.

(b) The Steward shall interpret and enforce these rules and determine all questions pertaining to an event matter not specifically covered by these rules in conformity with justice and customs of the event, subject to the powers and duties of the Commission. Refer to Chapter 5, Section 16.

(i) The Steward may refer any matter deemed necessary to the Commission for further action.

(c) No Judge may be changed during the course of the event, except for sickness or injury, which change must be approved by the Commission or Steward.

(d) A decision by the Judges regarding a disqualification during the running of a go- round/section is final, and may not be appealed to the Commission.

(e) The Steward shall be appointed by the Wyoming Pari-Mutuel Commission.

(i) The Commission shall require the Permittee to pay the salary and/or expenses of the Steward for the duration of the event.

Section 8. Timers and Timing.

(a) In all Roping Events the stock shall receive a predetermined head start. Timing shall start when the steer or calf crosses the score line and shall stop when the judge determines.

(b) All Roping Events must use at least two timers who are approved by the Commission.

(c) Two hand-held digital watches shall be used in the timed events. All digits beyond tenths will be ignored. Official time shall be the average of the two times. All times in the timed events are to be recorded in 10ths of a second. If one of the two timers misses the start or stop or is delayed in starting or stopping the watch, or if the watch used by one timer malfunctions, that time shall be declared a problem to the other timer and only the time recorded by the other timer will be used.

(d) Any Roping Event using electronic timers are also required to use a minimum of two back-up hand-held digital watches.

(e) Timers will work from the same location during all go-rounds/sections at a permitted event.

(f) Timers for a Roping Event may not be changed after the first contestant starts, except for sickness or injury, which change must be approved by the Commission or Steward.

Section 9. General Roping Requirements and Event Rules.

(a) Tie-down Roping. Contestant must rope calf, dismount, throw calf by hand and cross and tie three legs. To qualify as an acceptable time, there shall be at least one wrap around all three legs and a half-hitch. If calf is down when roper reaches it, the calf must be let up to his feet and be thrown by hand. If roper's hand is on the calf when calf falls, calf is considered thrown by hand. Rope must hold calf until roper gets hand on calf. Three legs must remain tied for six seconds, as timed by the judge; from the time the rope horse takes his first step forward after the roper has remounted, until timed and approved by the judge. Rope must remain slack until the judge approves the tie.

(b) Dally Team Roping.

(i) The header must rope the steers head and change the direction of the steer.

(A) Acceptable head catches. Around both horns, half a head, or around the neck.

(ii) The direction of the steer's body must be changed by the header and the steer must be in tow before the heel loop can be thrown.

(A) Acceptable heel catches. Any heel catches behind both shoulders will qualify if rope goes up heels. A five-second penalty is added to the time of a roper who catches only one hind foot.

(iii) No Crossfire's allowed.

(iv) The time should stop when steer is roped by its head and heels, and both horses are facing the steer. Horses front feet must be on the ground and ropers must be mounted with ropes tight.

(c) Steer Roping. Steer must be roped and tripped by horse. Contestant must dismount and cross and tie three legs. A steer must remain tied for six seconds to qualify as a tie. After a roper signals a completed tie and remounts, he will bring his horse back toward steer before the six-second inspection will begin.

(i) Qualifying Catch. Only a slick catch around both horns shall be a qualifying catch.

(ii) Qualifying Trip. For a trip to qualify the rope must go over and below the hip of the steer on the side opposite the direction the horse is turning.

(iii) The roper may be permitted by the Judge to lift the nose of the steer after completing the tie to permit proper breathing.

(d) Any questions as to catches will be decided by the Judges, whose decision is final.

(e) Unless otherwise approved by the Judge, the box for each roping event must be at least 16 feet in length, and all boxes used in a roping event must be the same length and shall not be changed during the event.

(f) All contestants must compete from the box designated for their event.

(i) Tie-down Roping, right box must be used.

(ii) Dally Team Roping, header must start from left box, heeler must start from right box.

(iii) Steer Roping, either box may be used.

(g) If a judge is used to flag the start, he shall flag the calf or steer when its nose crosses the scoreline.

(h) Once a score line has been set, it shall not be changed.

(i) In the tie-down roping, the length of the score line will be the length of the box minus 3 feet, unless otherwise approved by the Judges.

(ii) In the dally team roping the score line will be the length of the box minus 2 feet, unless otherwise approved by the Judges.

(iii) In the steer roping the score line will be the length of the box minus 1 foot, unless otherwise approved by the Judges.

(i) Contestants shall start from behind a barrier. Once a steer or calf crosses the score line the barrier shall drop or be removed. A 10 second penalty will be added for breaking or beating the barrier or flag.

Section 10. Specifications of Stock.

(a) Weight for Tie-down Roping stock shall be a minimum of 220 pounds and a maximum of 280 pounds.

(b) The minimum weight for Stock that is to be used in Dally Team Roping is 450 pounds and the maximum is 650 pounds.

(d) Any deviations must be approved by the Steward/Judges or its duly appointed designee. There can be no more than a 50 pound deviation in weight from the smallest to the largest.

Section 11. Humane Treatment of Animals

(a) General. These Rules are intended to ensure the humane treatment of Roping Event animals "horse and stock" and shall be in effect for all Wyoming Pari-Mutuel Commission approved Roping Events

(b) The Judges shall determine if an animal is fit for competition, following a recommendation of the Veterinarian.

(c) Veterinarian. Refer to Chapter 12, Section 2, (b). Chapter 12, Section 3, (c). Chapter 7, Section 11, (a) through (e).

(d) A conveyance or "horse ambulance" must be available, and shall be used, where practicable, to remove animals from the arena in case of injury. Animals removed from the arena due to injury shall be placed in a situation as isolated and comfortable as possible to reduce stress.

(e) Any injured animals shall be humanely removed from the arena before continuing the Roping Event performance or slack.

Section 12. Corrupt Practices.

(a) Also refer to Chapter 2, Section 2.

(b) No person shall tamper or attempt to tamper with an animal in such a way as to affect its speed in an event, nor shall he counsel or in any way aid or abet any such tampering.

(c) No electrical or mechanical device or other expedient designed to increase or decrease the speed of an animal (or that would tend to do so) other than the ordinary whip or spurs, shall be applied to an animal by anyone at any time on the grounds of the permitted event.

(d) A roper shall be the absolute insurer of and responsible for the condition of all animals entered in a roping event which he is engaged to ride, regardless of the acts of third parties.

(i) Any roper disqualified by reason of violating the absolute insurer rule shall be denied and/or shall promptly return any part of the purse or sweepstakes or any trophy or prize received which shall be redistributed by order of the Steward. The roper may, in the discretion of the Commission, be subject to any or all of the following penalties: fine, suspension, license revocation, or being ruled off.

History

Effective 2010-08-31

418 Skill Based Amusement Games

Chapter 1 General Provisions

Wyo. Code R. 038.0003.1.02222023 § 1 Definitions

In applying the rules and all amendments, the following definitions, constructions, and interpretations shall apply, except where otherwise indicated:

(a) "Arcade game" means a game in which a player, upon payment of a fee, attempts to obtain a merchandise prize or tickets or tokens redeemable for a merchandise prize, or attempts to attain a score or result upon the basis of which a merchandise prize, ticket or token is awarded.

(b) "Applicant" means a person that applies for a permit, license or decal.

(c) "Crane game" is a game in which a player attempts to retrieve a merchandise prize or tickets or tokens redeemable for a merchandise prize by means of a mechanical grab arm, the positioning of which, he controls by the use of a joystick or direction indicator buttons, and upon reaching its intended position the grab closes. The player wins where a merchandise prize or tickets or tokens redeemable for a merchandise prize is picked up and remains held by the grab mechanism until it is delivered to a payout position.

(d) "Commission" has the meaning provided in Wyoming Statute § 11-25-102(a)(ii).

(e) "Decal" means a Commission issued decal that identifies the vendor of the games in accordance with W.S. § 11-25-304(b).

(f) "Director" means the Executive Director of the Commission.

(g) "Designated area" means a distinct portion of a walking-working surface within an establishment where skill based amusement games are offered for play.

(h) "Establishment" has the meaning provided in W.S. § 11-25-102(a)(xvi).

(i) "Gaming device" means an electronic or electro-mechanical device installed in a fixed location at an establishment, and shall not include tablets, personal computers, smartphones, or mobile phones.

(j) "Indian lands" has the meaning provided in the Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 2703(4).

(k) "Key personnel" means any of the following:

(i) A director of the applicant;

(ii) A managerial employee of the applicant that performs the function of principal executive officer, principal operations officer, or principal accounting officer;

(iii) A person who holds more than five percent (5%) ownership interest in

the applicant;

(iv) An affiliate of the applicant;

(v) A director of an affiliate of the applicant;

(vi) A managerial employee of an affiliate of an applicant that performs the function of principal executive officer, principal operations officer, or principal accounting officer; or

(vii) Any individual or business entity so designated by the Commission or

director.

(l) "Laboratory report" means a report or other document prepared by a nationally recognized, independent gaming laboratory approved by the Commission that provides a general function evaluation regarding the software installed on each skill based amusement game.

(m) "Major components or parts" means components or parts that comprise the inner workings and peripherals of a skill based amusement game, including but not limited to the game's hardware, software, player interface devices, interface ports, power supply, bill validator, printer, and any component that affects or could affect the integrity of a skill based amusement game.

(n) "Manufacturer" means the person or entity who creates, develops, or builds a skill based amusement game, skill based amusement game components, or associated software.

(o) "Merchandise prize" means noncash prizes including toys, novelties, retail items such as electronic goods, clothing, accessories, as well as food, beverages and other items sold by the operator as a normal part of their business with a retail value no greater than forty dollars ($40.00).

(p) "Net proceeds" has the meaning provided in W.S. § 11-25-102(a)(xv).

(q) "A one-half wall" means a horizontal structure measuring from the floor upwards at least forty-six (46) inches.

(r) "Operator" is the permittee and has the meaning provided in W.S. § 11-25- 102(a)(xvii).

(s) "Person" means an individual, partnership, corporation, association, limited liability company, or other legal entity.

(t) "Player station" means the skill based amusement game or the portion of a skill based amusement game that allows a player to operate the game independently of, or simultaneously with, another player.

(u) "Pop-up retail establishment" means a location that is deliberately temporary for a limited period of time.

(v) "Reasonable player" means a player with an average level of intelligence, physical and mental skill, reaction time, and dexterity.

(w) "Records" means information that is inscribed on a tangible medium or that, having been stored in an electronic or other medium, is retrievable in perceivable form.

(x) "Skill" has the meaning provided in W.S. § 11-25-102(a)(xviii).

(y) "Skill based amusement game" has the meaning provided in W.S. § 11-25- 102(a)(xix). "Skill based amusement game" shall not include:

(i) Any crane games or other arcade games;

(ii) Any game that requires the presence or assistance of a game attendant in the regular operation of the game beyond conducting payouts; or

(iii) Any other games that do not qualify under the regulatory framework found in W.S. §§ 11-25-301 through -306.

(z) "Vendor" is the licensee and has the meaning provided in W.S. § 11-25- 102(a)(xx).

History

Effective 2023-02-22

Chapter 2 Licenses and Permits

Wyo. Code R. 038.0003.2.02222023 Licenses and Permits

Chapter 2 Licenses and Permits

Section 1. Licenses and Permits Generally.

(a) All vendors and operators shall be approved and compliant with these rules as outlined herein before they may operate skill based amusement games in Wyoming.

(b) An operator may operate skill based amusement games of their choice, so long as such games have been approved by the Commission in conformity with these rules. Nothing in these rules shall be interpreted to interfere with legal competition between vendors distributing approved skill based amusement games.

(c) No person may copy, duplicate, or otherwise create or re-create any decal, license, or permit that suggests or tends to suggest the authority to operate or participate in the operation of skill based amusement games.

(d) All applications for a license, permit, or decal shall be filed with the Commission, who shall have the authority to issue the permit, license, or decal.

(e) The Commission may request additional information not prescribed in the application form. The applicant shall provide all information, documents, materials, and certifications at the applicant's sole expense and cost.

(f) Licenses, permits, or decals issued pursuant to these rules may not be transferred without prior approval by the Commission. The Commission reserves the right to revoke any license, permit, or decal if it finds sufficient evidence that the holder has engaged in conduct that would result in a finding of failing to qualify for a license, permit, or decal if they were a new applicant.

(g) All vendors and operators shall report any known irregularities or wrong doing by any person involving skill based amusement games immediately to the Commission and cooperate in subsequent investigations.

(h) All vendors and operators shall not implement any changes or modifications to the practices, procedures, or representation upon which an approval was based without the prior written approval of the Commission.

Section 2. Licenses, Permits, Fees, and Application

(a) The Commission shall charge an annual fee of two thousand five hundred dollars ($2,500.00) for a vendor license, paid on or before July 1 of each year pursuant to W.S. § 11-25- 304(a)(ii).

(b) A vendor shall possess a license to conduct business in the state issued by the Commission. No person shall possess and distribute skill based amusement games without holding a valid license issued by the Commission.

(c) A person applying for a vendor license shall do so on a uniform application furnished by the Commission. Upon approval, the vendor shall be issued a license. The application shall require an applicant to provide:

(i) The full name, current address, and contact information of the applicant;

(ii) Disclosure of each person who has control of the applicant as described in subsection (g) of this section;

(iii) The applicant's fingerprints and the fingerprints of individuals identified in subsection (g) of this section considered to have control of an applicant or vendor; and

(iv) Any other additional information or permissions as required by the

Commission.

(d) A person who possesses and operates an establishment where skill based amusement games may be played shall possess a permit issued by the Commission. If an operator has more than one (1) establishment, the operator must obtain a permit for each establishment. Such permit shall be prominently displayed near the location of the skill based amusement games. No person shall have skill based amusement games operating for play without holding a valid permit issued by the Commission.

(e) A person applying for an operator permit shall do so on a uniform application furnished by the Commission. Upon approval the operator shall be issued a permit and be required to pay an annual fee of two hundred fifty dollars ($250.00), pursuant to W.S. § 11-25- 304(a)(i) and paid on or before July 1 of each year. The application shall require an applicant to provide:

(i) The full name, current address, and contact information of the applicant;

(ii) Disclosure of each person who has control of the application as described in subsection (g) of this section;

(iii) The applicant's fingerprints and the fingerprints of individuals identified in subsection (g) of this section considered to have control of an applicant or operator;

(iv) Any other additional information or permissions as required by the

Commission.

(f) If an operator owns a skill based amusement game outright they will be required to be permitted as an operator and licensed as a vendor. A single application may be completed, but they will receive both an operator permit and a vendor license. They will be responsible for all tasks and duties which would otherwise be required of both an operator and a vendor under these rules.

(g) The following persons are considered to have control of a vendor license and/or operator permit:

(i) Each holding company, parent company, or subsidiary company of the vendor or operator;

(A) Control the activities of the corporate vendor or operator; or

(B) Elect a majority of the board of directors of that corporate vendor

or operator.

(iii) Each person associated with a noncorporate vendor or operator who directly or indirectly holds a beneficial or proprietary interest in the noncorporate vendor or operator's business operations, or who the Commission otherwise determines has the ability to control the noncorporate vendor or operator; or

(iv) Key personnel of a vendor or operator, including any executive, employee, or agent having the power to exercise ultimate decision-making authority over the operator or vendor's skill based amusement game operations in the state.

(h) The Commission shall, not more than sixty (60) days after the date of receipt of an application for a vendor license, operator permit, or skill based amusement games decal under W.S. § 11-25-304, either:

(i) Issue the permit, license, or decal; or

(ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (i) of this section.

(i) The Commission shall deny an application under this section upon finding any of the following:

(i) The applicant has been convicted of, forfeited bail on, or pleaded guilty within ten (10) years before the date of filing the application to:

(A) A crime involving either theft, dishonesty, or fraud;

(B) Bribery or unlawfully influencing a public official;

(D) Blackmail;

(E) Intimidation;

(F) Computer crimes;

(G) A crime involving perjury or falsification;

(H) A crime involving gambling; or

(I) Any crime substantially similar in nature to those outlined above.

(ii) The applicant tampered with, submitted documentation, concealed, failed to disclose, or otherwise attempted to mislead the Commission with respect to any material fact contained in the application or contained in any other information required of or submitted by an applicant to the Commission;

(iii) The applicant failed or refused to cooperate in the investigation of a crime related to gambling, corruption of a public official, or any organized criminal activity;

(iv) The applicant has intentionally failed to disclose the existence or identity of other persons who have control of the applicant as required by these rules;

(v) The applicant has had a permit or license revoked by any government authority responsible for the regulation of skill based amusement games; or

(vi) The applicant has not met the requirements of this section, any other provision of this chapter, Commission rules, or any applicable state or federal laws.

(j) Vendors and operators under these rules shall have an ongoing obligation to disclose, in writing, any material change in the information provided in the application to the Commission, including:

(i) Changes in specific skill based amusement game locations;

(ii) Changes to names and contact information;

(iii) Changes to the state of incorporation or principal place of business;

(iv) Arrests, convictions, guilty pleas, disciplinary actions, or license or permit denials in Wyoming or any other jurisdiction;

(v) Any civil or criminal action brought against the vendor or operator; or

(vi) Any other information specified by rule of the Commission.

(k) If the Commission denies an application or intends to revoke or suspend a permit or license issued under these rules, it shall follow the process as set forth in Chapter 8 of these rules.

(l) An applicant may claim any privilege afforded by the Constitution of the United States or of the State of Wyoming in refusing to answer questions by the Commission. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial or revocation of a permit or license.

(m) Renewal applications for licenses or permits may be submitted and renewed upon the filing and approval of an application for renewal. Renewal applications for all vendor licenses and operator permits must be received by the Commission sixty (60) days before the expiration of the current permit or license. Renewal applicants who fail to submit their completed applications when due shall not be considered to have made a timely and sufficient application for renewal.

(n) The Commission may require applicants who have applied for, or holders of a vendor license or operator permit to file information relating to contracts or proposed contracts relating to the operation of skill based amusement games in Wyoming on a form prescribed by the Commission.

Section 3. Decal Application and Fees.

(a) An application to purchase a decal for an approved skill based amusement game to be placed at an operator establishment must be completed by the vendor, or if an operator is operating independently it will be completed by the operator, on a uniform application furnished by the Commission.

(b) The application form may include, but is not limited to the following:

(i) Name of vendor;

(ii) Name of operator;

(iii) Name of the skill based amusement game to be placed;

(iv) Names of individual games on the skill based amusement game;

(v) Serial number for the skill based amusement game software or game board to be placed in the cabinet of the skill based amusement game and the serial number for the cabinet;

(vi) Contact information for the manufacturer of the skill based amusement

game;

(vii) Location of the establishment where the skill based amusement game

will be placed;

(viii) The number of skill based amusement games already placed at the

location; and

(ix) Laboratory testing report number.

(i) Proof that the skill based amusement game in its current form has been approved by the Commission. This may include a copy of the approval letter or other sufficient proof as determined by the Commission; and

(ii) A signed affidavit from the vendor of the skill based amusement game attesting to the fact that the game to be placed is identical in all technical respects to a previously approved game, if applicable.

(d) An application that does not provide all information requested by the Commission will be considered incomplete and will be rejected.

(e) The initial fee, and then each year thereafter, is fifty dollars ($50.00) per decal to be paid by the vendor, or if an operator is operating independently, it will be paid by the operator. This must be paid in a manner prescribed by the Commission on or before July 1 of each year. If an application for a decal is denied, payment will be returned or refunded.

(f) Once an application has been approved and a decal issued, the decal is only valid for the skill based amusement game and its software or game board identified by its serial number on the application. If a decal is found to be placed on a skill based amusement game which does not match with the serial number on file, it will be considered in violation of W.S. § 11-25-304(b). No skill based amusement game shall be operational unless it bears a current Commission issued decal.

(g) Once an application has been approved and a decal issued:

(i) A skill based amusement game may only be placed at the location described on the application approved by the Commission; and

(ii) The skill based amusement game may not be moved without prior approval of the Commission. The application to move a skill based amusement game will be made available in a format provided by the Commission.

(h) If an operator owns a skill based amusement game outright, and transfers ownership of the business, and the new owner intends to continue to operate a skill based amusement game in the location, the new owner is required to purchase new decals. The Commission may review the skill based amusement game and all reports prior to issuing a new decal. There is no grace period for a new owner of a business to apply for a decal. The new decals must be applied for, purchased, and placed on the skill based amusement game at the start of the first day of business under the new ownership or turned off until such time as new decals have been issued.

(i) If a vendor transfers ownership of the business or the skill based amusement games individually, the new owner of the business or games is required to purchase new decals. The Commission may review the skill based amusement game and all reports prior to issuing a new decal.

(j) Completed decal applications will be processed in the order in which they are received by the Commission.

(k) For decal application renewals, priority will be given to vendors with skill based amusement games currently placed at an operator location.

History

Effective 2023-02-22

Chapter 3 Taxes and Payments

Wyo. Code R. 038.0003.3.02222023 Taxes and Payments

Chapter 3 Taxes and Payments

Section 1. Taxes and Payments Generally.

(a) Taxes shall be calculated on a weekly basis based on the net proceeds earned during the prior week on skill based amusement games. On a weekly basis, the vendor shall remit to the Commission a tax payment equivalent to twenty percent (20%) of the net proceeds earned during the prior week from each skill based amusement game.

(i) The taxes imposed may be prepaid, provided that:

(A) A vendor may make the prepayment of taxes under this section, so long as the prepayment is at least one thousand dollars ($1,000.00), and the process for calculating the prepayment is approved by the Commission; and

(B) Prepayment of taxes shall not exempt the vendor from its other weekly reporting requirements described herein.

(b) Prior to commencing operations in Wyoming, each vendor shall establish and thereafter maintain an operating account at a designated financial institution capable of handling electronic fund transfers. The vendor must notify the Commission of the financial institution where funds are deposited. No change of financial institution may be made without prior Commission notification and approval.

(c) A vendor must remit the tax payment imposed, by an electronic transfer of funds. In addition, the vendor shall electronically transmit a tax worksheet and attestation report in the format provided by the Commission. The tax payment shall be transmitted no later than seven (7) business days after the end of the week in which the net proceeds were received.

(d) If the amount of net proceeds for a week is a negative figure, the vendor shall not remit a skill based amusement game tax payment for that week. Any negative net proceeds may be carried over and calculated as a deduction on the tax form or payment form on the subsequent weeks until the negative figure has been brought to a zero (0) balance. A week in which negative net proceeds are realized shall not exempt the vendor from its other weekly reporting requirements described herein.

(e) In addition to the tax payment, the vendor shall electronically transmit a tax worksheet and the attestation report in a format provided by the Commission that includes all the following information:

(i) Week ending date;

(ii) Vendor Name;

(iii) Operator and establishment name;

(iv) The county, city, or town where the terminal is located;

(v) Asset identification number, terminal serial number, and corresponding Commission tax identification number; and

(vi) The following per terminal game play activity information:

(A) Total number of plays;

(B) Total dollar amount played;

(D) Total payout;

(E) Net proceeds; and

(F) Amount of tax due.

Section 2. Net Proceed Deductions/Amounts Returned.

(a) A vendor shall not receive a deduction against net proceeds unless written approval is granted by the Commission for the amounts returned to a player because of a game, device, or system malfunction or because the game must be voided because of concerns regarding integrity of the game that were previously included in the computation of net proceeds; or

(b) A vendor must submit for Commission review and approval, a written request including all supporting documentation, for any deductions it would like to take against net proceeds.

Section 3. Non-Payment of Taxes.

(a) The Commission shall have the authority to investigate any failure to make tax payments as required under this chapter. The Commission may also refer any failure to comply with the tax obligations for criminal prosecution and penalties.

(b) The first time that a vendor is more than forty-eight (48) hours overdue in remitting taxes pursuant to W.S. § 11-25-304, the Commission may promptly direct the disabling of all skill based amusement games operated by the vendor until the overdue tax is remitted by certified funds.

(c) The second or subsequent time within a one-year period that a vendor is more than forty-eight (48) hours overdue in remitting taxes, the Commission shall promptly direct the disabling of all skill based amusement games operated by the vendor until each of the following occurs:

(i) The vendor pays the overdue tax remittance by certified funds; and

(ii) The vendor posts a bond or cash deposit of certified funds required by the Commission as a guarantee of future tax payments. The bond or cash deposit of certified funds shall be in an amount equal to the average net proceeds for a period of one (1) week based on the previous one hundred twenty (120) days, excluding any period for which the vendor's skill based amusement games were disabled for non-payment of taxes.

(d) A vendor may be subject to disciplinary action by the Commission under Chapter 8 of these rules for an overdue tax remittance.

(e) An overdue tax remittance caused by an act of God, a financial institution error, or something outside the vendor's control, shall not be subject to the provisions of this section.

Section 4. Taxation Requirements. Each vendor and operator shall, at all times, comply with any Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from skill based amusement games.

History

Effective 2023-02-22

Chapter 4 Game Approvals, Qualifiers, Limitations, and Vendor and Operator Requirements

Wyo. Code R. 038.0003.4.02222023 § 1 Skill Based Amusement Game Approval

(a) No skill based amusement game may be used for play at an establishment that has not been approved by the Commission.

(b) An application to have a skill based amusement game evaluated by the Commission must be completed by the vendor, or if the operator is functioning independently it will be completed by the operator, on a uniform application furnished by the Commission:

(i) A manufacturer may also submit a skill based amusement game for approval, but this will not relieve the vendor or operator from its responsibility of also applying for approval of a skill based amusement game; or

(ii) A manufacturer may act as a vendor as defined by these regulations provided they are licensed to do so.

(c) In addition to the information on the application, a prototype skill based amusement game containing the game or games to be approved must be delivered to the Commission or other location the Commission designates, at the expense of the party seeking the approval. The details of this delivery will be arranged between the Commission and the applicant after the Commission has received the independent gaming laboratory report. The skill based amusement game must be delivered with its settings matching the description in the independent gaming laboratory report, and all settings must be accessible to the Commission. Return shipping must also be arranged and paid for by the party requesting approval and the Commission will not share in the cost. The Commission is not responsible for any damages to any skill based amusement game during shipment or delivery.

(d) A party seeking to have a specific skill based amusement game approved needs only to have one (1) prototype skill based amusement game approved. Once one (1) prototype has been approved, the applicant needs only pay for the number of decals sought for that type of game, that are all identical with the respect to systems, technical specifications, game, and functionality, regardless of where the party intends to place each game. A manufacturer may also supply the prototype, even if not seeking approval under Section 1(c) of this chapter.

(e) An application which does not provide all information requested by the Commission will be considered incomplete and may be rejected.

(f) The Commission will issue a determination within sixty (60) days after the date the completed application and skill based amusement game are received. If the application has been denied, the Commission will state the reasons for the denial in writing and the applicant may appeal in accordance with Chapter 8 of these rules.

(g) Skill based amusement game approvals are specific to the party seeking to have the game approved.

(h) Upon request of the Commission, the vendor applicant must be able to articulate to the Commission the skill or skills involved with each skill based amusement game.

(i) Once a skill based amusement game has been approved, it is approved in that form until the party seeks to modify the game or it is otherwise rendered unapproved by the Commission. This means a skill based amusement game approval will carry over year to year unless it is modified. Modifications for purposes of these rules do not include replacements or updates to cabinetry, screen, or power cords.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 2 Skill Based Amusement Game Qualifiers

(a) When the Commission is making a determination regarding whether a specific game meets the definition of a skill based amusement game, it will consider the following requirements, as well as the physical operation of the game by a player of reasonable skill. Skill based amusement games are only played on a fixed, commercial electrical gaming device.

(b) A game is not considered a skill based amusement game if one or more of the following apply:

(i) The game does not allow a player to exercise skill or strategy over the

game;

(ii) The ability of any player to succeed at the game is impacted by:

(A) The number or ratio of prior wins to prior losses of players playing the game, more commonly referred to as utilizing a compensating algorithm;

(B) The ability of any person to set a specified win-loss ratio for the game or by the game having a predetermined win-loss percentage;

(D) The exercise of a skill that no reasonable player could exercise.

(iii) Any award is not based solely on the player achieving the object of the game or the player's score;

(iv) The ability of any player to succeed at the game requires the exercise of skill that no reasonable player could possess or improve upon;

(v) The primary determination of the award amount is the presentation or generation of a particular puzzle or group of symbols dealt to the player and the player does not have control over the puzzle or group of symbols presented; or

(vi) The player is able to choose a game mode where the outcome is solely determined by chance.

(c) When reviewing a game, the following factors are not, by themselves, sufficient indications that the game is a skill based amusement game:

(i) Whether a comprehensive list of prizes or outcomes is offered to the player or whether all outcomes are drawn from a finite pool of predetermined outcomes or starting positions;

(ii) Whether a player can increase his or her chance of winning based on knowledge of probabilities in general or the probabilities of any particular prize or outcome in a game or on a skill based amusement game;

(iii) Whether a player can simply choose not to play before committing money or credits; or

(iv) A game task consisting solely of moving a symbol up or down, replacing one (1) symbol with another, or any similar action, with or without a timer.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 3 Decal Placement

(a) No skill based amusement game may be placed in operation without having a valid decal affixed where it is visible at all times so the Commission representatives need not move a game to see the decal. If a skill based amusement game has more than one (1) player station, each station must have a valid decal.

(b) Each decal shall identify the vendor and include the bucking horse and rider emblem. This decal must display the year-long period for which it is valid, and be distinct from any other decals provided by the Commission through other programs.

(c) No person shall copy, duplicate, or otherwise create or re-create any decal that suggests or tends to suggest the authority to conduct or participate in conducting skill based amusement games.

(d) Vendors and operators are responsible for reporting any occasion they discover where a decal has been defaced, removed, stolen, or otherwise tampered with to the Commission within twenty-four (24) hours after discovery. Vendors and operators may be subject to penalty if the Commission is not notified and the Commission discovers a missing, defaced, or otherwise tampered with decal. If the Commission determines the decal requires replacement, the vendor may be required to purchase a new decal at full cost if the Commission determines that the decal was intentionally removed or defaced by the vendor, operator, or agent of either. Generally speaking, a defaced decal is one where the Commission logo or decal number have been rendered unreadable.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 4 Establishment Location Restrictions - Indian Lands

. The Commission lacks the authority to regulate or authorize skill based amusement games on Indian lands.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 5 Limitations within the Establishment

(a) All vendors and operators shall be responsible for the proper placement, installation, maintenance, and oversight of skill based amusement games within an establishment as prescribed by the statutes and these rules.

(b) A vendor or operator may operate no more than four (4) skill based amusement games in one (1) establishment.

(c) In situations where a single building holds multiple establishments, each separate establishment will be entitled to its allotment of skill based amusement games. Skill based amusement games for the establishment may only be placed within their separate retail space. In order to qualify as a separate establishment operating in the same building, the following factors will be considered: physical walls separating the businesses, dedicated entrances and exits to the outside, whether a separate sales tax permit has been obtained, separate points of sale, separate points of ticket redemption, diversity of merchandise, whether the business issues receipts for sales, the number of dedicated employees on duty, level of business activity being conducted in the space, the space for the business within the building is contiguous, and whether there are distinct owners or officers of the businesses within the shared building.

(d) Skill based amusement games are not permitted in mobile establishments, or any establishment that can be made mobile in short order, or pop-up retail establishments.

(e) No skill based amusement games shall be placed in an outdoor public or private

space.

(f) Each establishment shall provide skill based amusement games in a location that is accessible to handicapped players.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 6 Designated Areas

(a) Pursuant to W.S. § 11-25-303(d) an operator shall not locate a skill based amusement game in an area of the establishment into which a person under the age of twenty- one (21) years may enter. An operator shall conspicuously mark each area as an age restricted area. The operator shall not allow a person under the age of twenty-one (21) years to play a skill based amusement game.

(b) If the designated area is not statutorily age restricted, the following requirements shall apply:

(i) The designated area shall be cordoned off at a minimum with a one-half wall, or other similar structure, that has received Commission approval and prevents access of any person under the age of twenty-one (21). Establishments shall have sixty (60) days from the effective date of these rules to comply;

(ii) Upon reaching sixty (60) days after the effective date of these rules, and non-compliance is noted, the Commission shall immediately notify the operator and vendor of the non-compliance and the games shall be removed; and

(iii) For good cause shown by the vendor or operator, an exception may be sought requesting to extend the sixty (60) days. No exceptions shall be authorized beyond one hundred twenty (120) days.

(c) It is the responsibility of the operator of the establishment to monitor and restrict entry of anyone into the designated area and police entry of underage players. Failure to monitor the restricted area and failure to restrict entry of anyone under twenty-one (21) may result in a fine or suspension of the operator permit.

(d) The owner, manager, or employee of the establishment shall be present during all hours of operation, and the skill based amusement games or the entrance to the designated area must be within the view of at least one owner, manager or employee.

(e) Operators shall take reasonable measures to prevent an underage person from playing a skill based amusement game.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 7 Player Protection and Complaints

(a) Operators must include in its establishment Commission approved player protection information that shall be readily accessible to each player.

(b) Operators must provide notification that underage play is a criminal offense and that anyone who facilitates an individual under the age of twenty-one (21) to play a skill based amusement game has committed a criminal offense.

(c) Each player shall have the right to file a written complaint against a vendor or operator. A complaint form shall be provided by the Commission and made available at each establishment.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 8 Investigations by the Commission

(a) The Commission's employee or agent has the authority to enter any establishment where skill based amusement games are present during normal business hours or if it appears customers are still present.

(b) The Commission may do all of the following:

(i) Inspect and examine all skill based amusement game locations approved by the Commission, any establishment that conducts or participates in conducting skill based amusement gaming and is not approved by the Commission, and any facility in which skill based amusement game supplies, devices, or equipment are manufactured, sold, distributed, tested, or otherwise held or maintained. Inspections may be conducted during reasonable business hours or at any other time if it reasonably appears that all or part of the location or facility is in operation;

(ii) Inspect and examine all skill based amusement game supplies, devices, and equipment in or about a skill based amusement game establishment, whether or not the establishment is registered with or approved by the Commission;

(iii) Investigate all persons that conduct or participate in conducting skill based amusement gaming, including those that have ceased gaming; and

(iv) Request, in writing, that any applicant under this chapter produce audits, reports, tax returns, and financial records as it relates to skill based amusement game activity.

(c) An establishment shall, upon identification of a Commission employee or agent, immediately admit such Commission employee or agent to the establishment or other premise where skill based amusement gaming is conducted or skill based amusement games are stored, repaired, or housed. An establishment shall cooperate at all times with the direction of the Commission employee or agent and shall not interfere or hinder an inspection, audit, or investigation or allow others to interfere or hinder an inspection, audit, or investigation.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 9 Access to Skill Based Amusement Games

(a) Vendors must have the ability to restrict which users have access to certain functions on the skill based amusement games:

(i) Only vendors and their maintenance staff, or the owner-operator if the skill based amusement game is owned outright, may have access to modify any of the skill based amusement game or software settings; and

(ii) Non-administrative employees of the vendor, an operator, or an operator's employee or agent may only have access to opening the skill based amusement game, performing basic maintenance tasks (such as refilling paper), and collecting money.

(b) Remote access to the skill based amusement game may be permitted for limited functions. Anyone proposing to access their skill based amusement games remotely must demonstrate to the Commission through the laboratory report, or otherwise, that security measures are in place to prevent unauthorized access and to document all remote access attempts and security incidents.

(i) Remote access will be granted for only the following activities:

(A) Monitoring the skill based amusement game and software;

(B) Troubleshooting issues;

(D) Performing view-only functions such as generating reports and downloading game and software information; and

(E) Other activities approved by the Commission.

(ii) No updates to the software which affect gameplay may be initiated remotely without prior approval from the Commission.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 10 Vendor Duties

(a) In addition to all other requirements under this chapter, each vendor has an ongoing duty to:

(i) Ensure skill based amusement game data is backed up daily; and

(ii) Safeguard keys to the locked cabinet of a skill based amusement game. A vendor shall not provide skill based amusement game cabinet keys to an operator or an operator's employees or agents, unless the vendor owns, manages, or operates the establishment.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 11 Malfunctions and Defects

(a) If there is a malfunction or defect of the skill based amusement game:

(i) The vendor shall make a full refund of the player's balance on the game at the time of the malfunction or defect;

(ii) The vendor must be notified no later than twenty-four (24) hours after the initial detection of the issue by the operator; and

(iii) The Commission must be notified no later than forty-eight (48) hours after the initial detection of the issue by the vendor.

(b) Malfunction or defect refers to anything that impedes the player's ability to play the game or receive an award from a skill based amusement game, aside from structural power failure, or other extreme acts of nature or circumstances. Malfunction or defect also refers to a skill based amusement game's ability to store, generate, or produce required reports or information.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.4.02222023 § 12 Reserve Requirement

(a) A vendor must submit a plan to maintain a reserve in the amount necessary to cover the outstanding skill based amusement game liability required under W. S. § 11-25-

304(d). All plans require Commission approval.

(b) Reserve calculations shall be based as follows:

(i) A vendor shall initially maintain a minimum amount of five thousand dollars ($5,000.00) in reserve to cover the liability as determined under W.S. § 11-25-304(d);

(A) As soon as reasonably possible after the initial opening date, a two (2) week average shall be determined.

(B) A reserve shall be determined and maintained based on the two

(2) week average.

(ii) A vendor has an ongoing duty to maintain as reasonably as possible a reserve in the amount that reflects an average two week period of the vendors tax implications pursuant to W.S. § 11-25-304(d);

(iii) Reserves shall be maintained in a segregated and separate account. All reserve accounts whether the initial amount or the ongoing average shall be verified via a bank statement; and

(iv) Reserves shall be reviewed and adjusted bi-annually by the Commission.

(i) Cash or cash equivalents maintained in a segregated account from the vendor's operational funds;

(ii) An irrevocable letter of credit from a bank located either in the State of Wyoming or at a minimum chartered in the State of Wyoming;

(iii) A bond;

(iv) Payment processor reserves and receivables;

(v) Any other form acceptable to the Commission; or

(vi) Any combination of the allowable forms described in paragraphs (i) to (v).

(d) The Commission may audit a vendor's reserve at any time and may direct a vendor to take any action necessary to ensure the purposes of this rule are achieved, including but not limited to requiring the vendor to modify the form of its reserve or increase the amount of its reserve.

History

Effective 2023-02-22

Chapter 5 Skill Based Amusement Games Standards

Wyo. Code R. 038.0003.5.02222023 Skill Based Amusement Games Standards

Chapter 5 Skill Based Amusement Game Standards

Section 1. Certification of Skill Based Amusement Games.

(a) All laboratory reports are considered confidential and proprietary as provided by Wyoming law.

(b) All skill based amusement games shall be submitted to a nationally recognized, independent gaming laboratory approved by the Commission for certification testing. All gaming laboratories shall be approved by the Commission in advance of the submission of any laboratory reports or certification. An application for laboratory approval may be submitted by a prospective laboratory, vendor, or operator. The application shall include:

(i) A brief accounting of the laboratory's qualifications and experience.

(ii) A written certificate that the laboratory has no financial interest or conflicts under these rules; and

(iii) Any additional information requested in the written laboratory application form prepared by the Commission.

(c) If the skill based amusement game meets or exceeds the specifications set forth in these rules, the independent gaming laboratory approved by the Commission shall certify the skill based amusement game. Vendors are prohibited from offering a skill based amusement game in Wyoming without such certification. The vendor is responsible for all costs associated with testing and obtaining such certifications.

(d) The independent gaming laboratory must produce a general functional evaluation laboratory report regarding the software or hardware installed on each skill based amusement game detailing the testing performed, the analysis, testing results, and have available upon request the backup information used in the testing process.

(e) The Commission shall evaluate the laboratory report and determine if the game meets the requirements of a skill based amusement game prior to approving the submission. This final determination of whether a submission meets the requirements to qualify as a skill based amusement game shall be made by the Commission, and not the independent gaming laboratory.

(f) A report and certification shall certify with specificity that the skill based amusement game in question complies with each requirement contained in Wyoming's definition for skill based amusement games. The Commission shall maintain all trade secrets, privileged patent information, or proprietary information in their possession in a confidential manner.

(g) The Commission may require additional testing. Whether the additional testing is performed by the original independent gaming laboratory or another separate qualified independent gaming laboratory is to be determined by the Commission. Additional testing will be required when the Commission determines that it is necessary to ensure the integrity or proper functioning of the skill based amusement game because of the existence of one or more of the following:

(i) Inconclusive initial test results;

(ii) A need to establish repeatability of test results; or

(iii) A need to determine compatibility with components other than those

tested.

Section 2. General Function Evaluation.

(a) The independent gaming laboratory's general function evaluation for each skill based amusement game will include, but not necessarily be limited to, the following elements:

(i) Source Code Review - The independent gaming laboratory will require full software source code to be provided for review to ensure that all functionality is documented by the game rules presented to the user and there are no hidden features in the game that are not explained in the artwork or game rules;

(ii) Software Compilation and Signature Verification - The independent gaming laboratory will require capabilities to compile all provided source code, whether by remotely supervised compilation with the manufacturer, through a provided development environment, or other alternate methods which may facilitate positive identification of provided source to the system software images submitted;

(iii) Submitted Documentation Review - The independent gaming laboratory will review all documentation submitted by the manufacturer regarding functionality of the game, including return to player calculation and odds/payout sheets for each submitted game theme, as well as any associated documentation regarding game play, features, bonuses, progressive prize configurations, etc.;

(iv) Artwork and Game Rules Review - The independent gaming laboratory will review all artwork and game rules to ensure that the content is complete, accurate, not misleading, and that it properly states the rules of the game and states the awards which will be paid upon obtaining a specific winning combination;

(v) Game Functionality Review - The independent gaming laboratory will ensure that a game operates as described, intended, and expected to ensure the play limits established by the statutes can be met;

(vi) Game Emulation Testing - The independent gaming laboratory will verify the accuracy of game pays and outcomes by forcing specific game outcomes using an emulation tool;

(vii) Game Mathematics Review - The independent gaming laboratory will validate game outcome and associated winning combinations against the manufacturer's documentation or other information containing the combinations and appropriate pays;

(viii) Game Accounting Review - The independent gaming laboratory will verify the integrity and accuracy of a game's accounting meters to ensure that information needed to calculate revenue and taxation is accurate; and

(ix) Game Interruption and Recovery Testing - The independent gaming laboratory will verify whether a game will respond properly to a series of possible game interruption scenarios.

Section 3. Game Limitations.

(a) No skill based amusement game shall allow a game play of more than three dollars ($3.00) per play. A player shall not be exposed to the risk of losing at any one time, credits of a total value exceeding three dollars ($3.00).

(b) No skill based amusement game shall allow a payout of more than three thousand dollars ($3,000.00) per play. The skill based amusement game may award free games or free plays only if a method is in place to ensure an aggregated payout in excess of three thousand dollars ($3,000.00) cannot occur.

(i) Bonus or feature games which do not require extra payment to continue shall be considered as part of the primary game in which they were awarded or triggered; and

(ii) Bonus or feature games which require extra payment to continue shall not be considered as part of the initial game in which they were awarded or triggered.

(d) Skill based amusement games shall accept cash or cash vouchers only.

(e) A skill based amusement game shall not depict content that:

(i) Is derived from or based on a product that is currently and primarily intended or marketed for use by persons under twenty-one (21) years of age, or

(ii) Depicts a subject or material that:

(A) Is sexually explicit; or

(B) Offensively portrays persons based on race, religion, national origin, gender, or sexual preference.

Section 4. Skill Based Amusement Game Component Alterations, Modifications, or Updates.

(a) Except as provided in Section 3, any critical alterations, modifications, or updates to the major components or parts of any skill based amusement game shall require the vendor to submit to the Commission a new laboratory report as required under Section 1, before the game may be used for play at an establishment.

(b) The vendor shall provide the Commission with their software control measures and operational plans as it relates to installation of software. The plan shall be reviewed and must receive Commission approval prior to implementation. The intention is to track and verify that all software installed on skill based amusement games are compliant with the statutes and rules promulgated while protecting the public interest.

(i) Maintain or advance the skill based amusement game's compliance; and

(ii) Not detract from, compromise, or prejudice the proper functioning, security, or integrity of the skill based amusement game.

Section 5. Emergency Skill Based Amusement Game Component Modifications.

(a) The Commission, in its discretion, may permit the modification of previously approved components to be made available for play without prior laboratory testing or review if the modified hardware or software is necessary to correct a problem affecting the fairness, security, or integrity of a game.

(b) If the Commission authorizes modified components to be made available for play or use without prior independent gaming laboratory review, the Commission must thereafter require the vendor to immediately:

(i) Advise other users of the same components of the importance and availability of the update; and

(ii) Submit the new or modified components to an independent gaming laboratory for testing and certification as required under Section 1.

Section 6. Centralized Monitoring System.

(a) The Commission may procure a central monitoring system for skill based amusement games, which shall be linked to a communication network. The central monitoring system shall be administered by the Commission and shall allow for the accounting, reporting, monitoring, and reading of skill based amusement game activity to assist the Commission in determining compliance with, and enforcing, the provisions of these rules.

(b) Prior to being launched, the Commission shall notify all vendors of the date by which the vendors and operators of skill based amusement games must be linked to the central monitoring system.

(c) The Commission shall provide the vendors and operators the technical specifications required for proper connectivity.

(d) All statewide skill based amusement games must be connected to the centralized monitoring system within six (6) months of the date of notification.

(e) The centralized monitoring system shall not provide for the monitoring or reading of personal or financial information concerning patrons.

(f) Any attempt by a vendor or operator to evade or alter the information provided to the central monitoring system shall be subject to disciplinary action.

History

Effective 2023-02-22

Chapter 6 Audit and Internal Controls

Wyo. Code R. 038.0003.6.02222023 Audit and Internal Controls

Chapter 6 Audit and Internal Controls

Section 1. Internal Control Standards and Requirements.

(a) Unless otherwise provided by the Commission, before beginning skill based amusement game operations, a vendor must submit its administrative and accounting procedures, in detail, in a written system of internal controls for Commission review and approval. Previously licensed vendors shall have sixty (60) days from the effective date of these rules to comply. A written system of internal controls must include a detailed narrative description of the administrative and accounting procedures designed to satisfy the requirements of these rules.

(b) The written system of internal controls must address the following items, at a minimum:

(i) Automated and manual risk management procedures;

(ii) Information regarding identifying and reporting fraud and suspicious

conduct;

(iii) Controls ensuring regulatory compliance;

(iv) Description of Anti-Money Laundering (AML) compliance standards;

(v) Description of all types of skill based amusement games to be offered by the operator; and

(vi) Any other information which may be required by the Commission.

Section 2. Amendments to Internal Controls. Unless otherwise provided by the Commission, all of the following provisions apply to amendments to the internal control procedures:

(a) Amendments to any portion of the internal control procedures must be submitted to the Commission for review; and

(b) The Commission may, in writing, approve, deny, or require a revision to the amendment to the internal control procedures. If the vendor is notified of a required revision, the vendor must work with the Commission to address the revision.

Section 3. Emergency Procedures.

(a) In the event of an emergency, the vendor may temporarily amend an internal control procedure. The director or his or her designee must be notified that an emergency exists before temporarily amending an internal controls procedure.

(b) A vendor must submit the temporary emergency amendment of the internal control procedures to the director or his or her designee within twenty-four (24) hours of the amendment. The submission must include the detailed emergency procedures that will be implemented and the time period the emergency procedures will be temporarily in place. Any concerns the Commission has with the submission must be addressed with the vendor.

Section 4. Failure to Comply with Requirements. If the Commission determines that the administrative or accounting procedures or written internal control procedures of the vendor do not comply with the requirements of these rules or require improvement, the Commission shall notify the vendor in writing. Within fifteen (15) days after receiving the notification, the vendor must amend its procedures and written internal control procedures accordingly and must submit, for Commission approval, a copy of the written internal control procedures, as amended, and a description of any other remedial measure taken.

Section 5. Compliance with Internal Controls.

(a) Vendors and operators must comply with all internal controls.

(b) If a vendor or operator fails to comply with any provision of its internal controls, the Commission may initiate a disciplinary action.

Section 6. Accounting Records.

(a) Vendors must maintain complete, accurate, and legible records of all transactions related to their skill based amusement game operations, including transactions pertaining to revenues, expenses, assets, liabilities, and equity.

(b) The Commission may direct vendors to alter the manner in which the records are maintained if a vendor's records are not in sufficient detail or properly maintained.

(c) The accounting records must be maintained using a double entry system of accounting with transactions recorded on the accrual basis and supported by detailed subsidiary records.

(d) The vendor must maintain all records supporting the revenues generated, player payouts, net proceeds, and taxes paid.

(e) If a vendor fails to maintain the records used by it to calculate the net proceeds, the Commission may compute and determine the amount upon the basis of an audit conducted by the Commission using available information.

Section 7. Financial Stability and Audits.

(a) Upon application for a permit the vendor shall provide a financial statement that reflects the applicant's financial stability.

(b) Annually thereafter permitting, each vendor shall submit an annual report, within ninety (90) days of the vendor's fiscal year end reflecting all wagering activity as it pertains to its skill based amusement games in a format approved by the Commission.

(c) The Commission shall determine the date of filing and the number of copies of the report required under this rule. The reports must be received by the Commission or postmarked no later than the required filing date.

(d) The reporting fiscal year end of the vendor shall be June 30, unless otherwise approved by the Commission.

(e) In the event it is determined that there is a discrepancy the Commission may require a financial audit performed by an independent third party, approved by the Commission. The vendor shall pay all expenses incurred to perform the audit.

Section 8. Commission Access to Game Data. Vendors must detail the controls that are in place to assure that all data the Commission requires to be maintained under the statutes or these rules is appropriately segregated and controlled to prevent unauthorized access. Vendors must provide the Commission with access to all such data upon request. A vendor must retain such data for a minimum of five (5) years.

Section 9. Record Retention.

(a) Each vendor and operator must maintain, in a place secure from theft, loss, or destruction, adequate records of its business and accounting operations as it relates to skill based amusement games.

(b) Each vendor or operator must make the records available to the Commission upon request. A vendor must hold the records for not less than five (5) years. The records must include, but not be limited to, all of the following:

(i) All correspondence with, or reports to, the Commission or any local, state, or federal governmental agency regarding skill based amusement games;

(ii) Accounting records pertaining to skill based amusement games;

(iii) Ledgers pertaining to skill based amusement games;

(iv) If applicable, a copy of the contract or revenue-sharing agreement;

(v) An accurate accounting of all amounts received by a vendor from, or revenue shared with, an operator; and

(vi) All correspondence concerning the business between a vendor and its operators, regarding skill based amusement games.

(c) A vendor and its operators must keep and maintain, in a manner and form required by the Commission, accurate, complete, and legible records of any books, records, or documents pertaining to, prepared in, or generated by the vendor and its operators, including but not limited to, all of the following:

(i) Forms;

(ii) Reports, including Tax Worksheets and Attestation Reports;

(iii) Accounting records;

(iv) Ledgers;

(v) Subsidiary records; and

(vi) Internal audit records.

(d) A vendor or operator must organize and index all required records in a manner that enables the Commission to locate, inspect, review, and analyze the records with reasonable ease and efficiency. Records may be retained at a vendor's or operator's principal place of business, or other location and manner approved by the Commission, provided that records retained at a location outside this state are maintained in such a manner to allow for the electronic transmission of records to the Commission within a reasonable time.

Section 10. Tax Worksheet and Attestation Reports of Skill Based Amusement Game Operations. The vendor must be able to prepare reports supporting net proceeds, liability, winnings, and any other reports considered necessary by the Commission. It is the vendor's responsibility to ensure these reports are true and accurate.

History

Effective 2023-02-22

Chapter 7 Responsible Play and Advertising

Wyo. Code R. 038.0003.7.02222023 § 1 Responsible Play

(a) Working with the Commission, applicants for a vendor license shall submit a Responsible Play Plan to the Commission. The plan shall include, at a minimum, the following:

(i) The goals of the plan, procedures and deadlines for implementation of

the plan;

(ii) The applicant's plan for creating and disseminating promotional material to educate players about compulsive and problem gambling and to inform them about treatment services available to compulsive and problem gamblers and their families. The applicant shall provide examples of the materials to be used as part of its plan and a description of how the material will be disseminated;

(iii) Details of the applicant's plan for responsible play training for its

employees;

(iv) Procedures to prevent underage gambling; and

(v) Other policies and procedures to prevent problem gambling and encourage responsible gambling.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.7.02222023 § 2 Advertising

(a) The Commission shall prohibit skill based amusement game advertising that it determines to be deceptive to the public. The Commission shall also require that every form of advertising contain a statement that minors are not allowed to play skill based amusement games as approved by the Commission.

(b) The vendor shall include information about available programs to prevent, treat, or monitor compulsive game play.

History

Effective 2023-02-22

Chapter 8 Disciplinary Actions and Hearings

Wyo. Code R. 038.0003.8.02222023 § 1 Grounds for Disciplinary Actions

The Commission may suspend or revoke any permit, license, or decal issued by it for any violations by the person holding the permit, or such vendor's or operator's employees or agents, of any of the provisions of the statutes, or any of the rules promulgated thereunder. Acceptance or renewal of a skill based amusement game permit, license, or decal constitutes an agreement on the part of the vendor or operator to be bound by all the Commission rules. It is the responsibility of the vendor or operator to remain self-informed of the content of all such rules, and ignorance thereof will not excuse violations.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 2 Initiation of Disciplinary Proceedings, Denial of Permit Application, and Contested Case Proceedings

(a) Upon its own motion, upon motion of the director, or upon written complaint signed and sworn to by the complainant, the Commission may determine to initiate disciplinary proceedings against any person that has been issued a permit, license, or decal by the Commission to suspend or revoke the permit, license, or decal.

(b) The Commission may initiate disciplinary proceedings against a vendor or operator where it determines that: the vendor or operator, their employees, or their agents have violated any of the provisions of the skill based amusement game statutes or rules; or that violations by the vendor or operator, their employees, or agents, of laws other than the skill based amusement game laws make the vendor or operator no longer suitable for permitting or licensure by the Commission.

(c) Disciplinary proceedings shall be initiated by the Commission, or the director, and be sent to the vendor or operator by first class mail at the last known mailing address of the vendor or operator, a list of the grounds for the proposed disciplinary action and a notice containing at least the time and place for any hearing before the Commission concerning the proposed disciplinary action. Said list and notice shall be mailed to the vendor or operator at least thirty (30) days prior to the hearing.

(d) A denial of an application, or a revocation or suspension of a permit or license, under W.S. §§ 11-25-304 through -305 shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act, and the Office of Administrative Hearings' Uniform Rules for Contested Case Practice and Procedure, which are incorporated by reference in these rules.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 3 Citizen Complaints Authorized - Procedure Following Filing

Any person claiming that a vendor or operator has engaged or is engaging in conduct constituting grounds for disciplinary action may file with the director a sworn written complaint stating the name and address of the vendor or operator complained against. The complaint must fully detail the conduct alleged to violate a specified skill based amusement game statute, rule, or other legal requirement, upon which the complaint is made. If the director determines the complaint has merit, the director must immediately serve, by first class mail, the vendor or operator complained against and any other affected parties a copy of the complaint. The vendor or operator complained against has twenty (20) days to answer after service of the complaint on the vendor or operator, which answer shall be filed with the director, on behalf of the Commission. The director may reject a complaint if it does not meet the requirements of this section. If the vendor or operator answers the complaint, the vendor or operator must serve an original and one (1) copy.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 4 Dismissal of Citizen Complaint

After receipt of the answer to the complaint, after the time has expired to answer, or after having determined that no answer is necessary, the director must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit, or is frivolous, or whether it charges conduct constituting grounds for disciplinary action. If the director determines that the complaint is without merit, or is frivolous, or that it does not charge conduct constituting grounds for disciplinary action, the director must dismiss the complaint and notify, in writing, the complainant, the vendor or operator complained against, and other affected parties, stating the reasons for dismissal. The director may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 5 Informal Consultation

If the director considers the citizen complaint, or any other allegations, to be grounds for disciplinary action, the director may consult with the vendor or operator and the parties affected in an effort to resolve the matter satisfactorily without a formal hearing. The director must notify, in writing, the complainant, the vendor or operator complained against, and affected parties of the results of the informal consultation. The informal consultation does not prevent the Commission from conducting a formal hearing.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 6 Assurance of Voluntary Compliance

The director may accept an assurance of voluntary compliance regarding any act or practice alleged to violate the statutes or these rules, from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. An assurance of voluntary compliance may not be considered an admission of a violation for any purpose.

However, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of the statutes or these rules. The Commission may approve or review an assurance of voluntary compliance.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 7 Decision to Initiate Disciplinary Action

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 8 Criminal Convictions as Grounds for Revocation or Suspension

The Commission may revoke or suspend the skill based amusement game permit or license of any person who is convicted of a crime, even though the convicted person's post-conviction rights and remedies have not been exhausted, if the crime or conviction involves a felony, gambling, or skill based amusement games, or if it discredits or tends to discredit the State of Wyoming, skill based amusement game or gaming industry.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 9 Facts of Criminal Charge

The charge in any jurisdiction of a vendor or operator with a felony or with a misdemeanor involving moral turpitude is grounds for disciplinary action. The Commission may find the vendor or operator committed a violation based on the facts of the criminal charge even though the vendor or operator has been acquitted on the criminal charge.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 10 Final Action by Commission

After hearing the evidence and reaching a decision in connection with any disciplinary proceeding, the Commission may find the vendor or operator did not commit a violation as alleged for disciplinary action; in which event the disciplinary proceedings shall be terminated. The Commission may, however, find the vendor or operator committed, by clear and convincing evidence, some or all of the grounds alleged for disciplinary action; in which event the Commission may revoke the permit, may suspend the permit or license for a particular period of time, or may take any combination of these actions. This section does not prevent the Commission from compromising or settling at any time prior to a formal hearing, and the Commission may also allow an assurance of voluntary compliance. Written findings of fact, conclusions of law, and an order must be entered before any decision of the Commission to suspend or revoke a permit or license shall be considered final. The Commission may allow or require briefs of law before making any decision.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 11 Summary Suspension

Where the Commission has reasonable grounds to believe and finds that any person holding a permit has committed a deliberate or willful violation of any of the provisions of the statutes or rules, or that the vendor or operator has been charged with a felony in Wyoming or in another state, or that due to other violations of law by the vendor or operator, the public health, safety, or welfare imperatively requires emergency action, and where the Commission incorporates such findings in its order, the Commission may summarily suspend a permit or license pending disciplinary proceedings for suspension or revocation. Any such disciplinary proceedings shall be promptly instituted and determined.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 12 Notice of Summary Suspension

The director or his designee must have delivered a notice of summary suspension personally or by mail to the vendor or operator who has been suspended. The notice must state when the suspension will begin and end, and must state the reasons for the suspension.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 13 Conditions Imposed by Commission for Reissuance of Permit or License

(a) The Commission or director may require a person who formerly held a permit or license to meet certain conditions before reissuing a permit to that person, including but not limited to the following:

(i) Restitution of money;

(ii) Restitution of property; and

(iii) Making periodic reports to the Commission or director as required.

History

Effective 2023-02-22

Wyo. Code R. 038.0003.8.02222023 § 14 Incorporation by Reference

(a) The Commission hereby incorporates by reference the following uniform rules:

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found electronically at http://gaming.wyo.gov. The Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings shall govern all contested case proceedings.

(b) For these rules incorporated by reference:

(i) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a)(i) of this section; and

History

Effective 2023-02-22