South Dakota Administrative Code

Rule 20:04:32:42 Record retention -- Noncompliance. 20:04:32:42. Record retention -- Noncompliance. A satellite provider must provide, upon request, to the executive secretary the records that are required to be maintained. Unless the executive secretary approves or requires othe…

Rule 20:04:33:01 Definitions. 20:04:33:01. Definitions. Words and phrases defined in §§ 20:04:31:01 and 20:04:32:01 have the same meaning when used in this chapter. Terms used in this article mean: (1) "Account," an account for account wagering with a specific identifiable record…

Rule 20:04:33:02 Location of wager. 20:04:33:02. Location of wager. Each wager made through a multi-jurisdictional totalizator hub is deemed to be made at the location of the hub licensee’s wager processing server. Source: 32 SDR 32, effective August 30, 2005. General Authority: …

Rule 20:04:33:03 Deposit of money. 20:04:33:03. Deposit of money. The multi-jurisdictional totalizator hub shall deposit all money received from account holders in a state or federally chartered bank by the next banking day. Source: 32 SDR 32, effective August 30, 2005; 44 SDR 65…

Rule 20:04:33:04 Pari-mutuel tax. 20:04:33:04. Pari-mutuel tax. On a weekly basis each multi-jurisdictional totalizator hub licensee shall pay to the commission the percentage due to the state based on the amount of money contributed through the hub licensee’s wager processing se…

Rule 20:04:33:05 Returns and reports -- Time frames -- Penalties. 20:04:33:05. Returns and reports -- Time frames -- Penalties. Any person required to file returns or reports under this chapter, who fails to file a return or report which includes all taxable transactions within f…

Rule 20:04:33:06 Take-out rates for non-merged pools. 20:04:33:06. Take-out rates for non-merged pools. The multi-jurisdictional totalizator hub licensee as part of the operating plan, or an update to the plan, may define a wagering pool not to be merged with the wagering pools o…

Rule 20:04:33:07 Required system configuration and elements. 20:04:33:07. Required system configuration and elements. Each multi-jurisdictional totalizator hub must have: (1) A closed-loop subscriber based system approved by the commission; (2) An effective customer identity, add…

Rule 20:04:33:07.01 Totalizator room requirements. 20:04:33:07.01. Totalizator room requirements. A hub shall provide a totalizator room that houses the main computing and communications equipment which may either be at the hub or at a remote facility. The operator's terminal mus…

Rule 20:04:33:07.02 Uninterruptible power supply (UPS). 20:04:33:07.02. Uninterruptible power supply (UPS). If a power failure occurs, the totalizator computer system used by the hub must be supported by an uninterruptible power supply (UPS) to allow for system shutdown that prov…

Rule 20:04:33:07.03 Independent monitoring system. 20:04:33:07.03. Independent monitoring system. The totalizator system used by the hub shall be capable of transmitting data in real time to an independent real time monitoring system approved by the commission. This system is to …

Rule 20:04:33:07.04 System errors. 20:04:33:07.04. System errors. The mutuel manager shall determine the cause of an error in the totalizator operation or the independent monitoring system and make the necessary repairs or adjustments. Notification of any discrepancy or error ide…

Rule 20:04:33:07.05 End-of-day reports. 20:04:33:07.05. End-of-day reports. For each race offered, the totalizator system must be capable of producing the following reports and have the reports available for review by the executive secretary: (1) The balance report showing the fo…

Rule 20:04:33:07.06 Other standard and special reports. 20:04:33:07.06. Other standard and special reports. A hub shall produce any report requested by the commission no later than 72 hours, unless otherwise directed, after receiving the request. These reports may include: (1) An…

Rule 20:04:33:07.07 On-line logs. 20:04:33:07.07. On-line logs. The hub shall produce a daily log to the commission on request. The hub must produce at a minimum the following logs in a format prescribed by the commission: (1) Teller/machine history log showing for every wagering…

Rule 20:04:33:07.08 Off-line log. 20:04:33:07.08. Off-line log. In addition to the computer generated reports and logs, the hub personnel must maintain at a minimum the following logs for review by the commission or duly appointed representative: (1) A system incident log must in…

Rule 20:04:33:08 Prohibited practices. 20:04:33:08. Prohibited practices. No multi-jurisdictional totalizator hub or any of its employees may: (1) Offer or pay rebates to account holders without submitting the rebating practices in the operating plan required in § 20:04:33:26 or …

Rule 20:04:33:09 Disciplinary action. 20:04:33:09. Disciplinary action. The commission may revoke or suspend the license, levy fines, or take other disciplinary action as deemed appropriate against any multi-jurisdictional totalizator hub licensee or any licensed hub personnel fo…

Rule 20:04:33:10 Unsuitability determinations. 20:04:33:10. Unsuitability determinations. A proceeding to determine the unsuitability of a person engaged in pari-mutuel wagering or employed by a facility licensed by the commission, or a proceeding to determine the unsuitability o…

Rule 20:04:33:11 Suitability determinations. 20:04:33:11. Suitability determinations. A petition or request to determine suitability of a person or act or practice must be commenced as a request for a declaratory ruling under § 20:04:01:07. Source: 32 SDR 32, effective August 30,…

Rule 20:04:33:12 Exclusion grounds. 20:04:33:12. Exclusion grounds. Individuals, licensed or unlicensed, who the commission determines pose a threat to the interests of the state or to licensed pari-mutuel wagering may be excluded from employment, or participation in pari-mutuel …

Rule 20:04:33:13 Preparation of exclusion list. 20:04:33:13. Preparation of exclusion list. The commission may prepare a list of persons to be excluded from employment, or participation in pari-mutuel wagering through any multi-jurisdictional hub licensed in this state. The commi…

Rule 20:04:33:14 Notice of exclusion. 20:04:33:14. Notice of exclusion. If the name and identifying information of an individual is placed on the list, the commission shall serve notice of that action upon the person by at least one of the following means: (1) Personal service; (…

Rule 20:04:33:15 Right to contest exclusion. 20:04:33:15. Right to contest exclusion. A person placed on the exclusion list may contest the action by filing a written protest with the commission and the protest shall be heard by the commission as a contested case pursuant to SDCL…

Rule 20:04:33:16 Multi-jurisdictional totaliztor hub license. 20:04:33:16. Multi-jurisdictional totalizator hub license. Prior to operating a hub an entity or person must apply for and be granted a multi-jurisdictional totalizator hub license from the commission to conduct simulc…

Rule 20:04:33:17 Consideration of applications. 20:04:33:17. Consideration of applications. The commission may approve, deny, or approve subject to changes in the operation plan any application for licensure as a "multi-jurisdictional totalizator hub", if the commission deems the…

Rule 20:04:33:18 Licenses not transferable. 20:04:33:18. Licenses not transferable. Any license issued to operate a multi-jurisdictional totalizator hub is revocable and is not transferable. The holder of such license does not acquire any vested interest or property right in the …

Rule 20:04:33:19 Interest in license -- Prior approval. 20:04:33:19. Interest in license -- Prior approval. No person may sell, lease, purchase, convey, or acquire an interest in a multi-jurisdictional totalizator hub license without the prior approval of the commission. Source: …

Rule 20:04:33:20 Background investigation. 20:04:33:20. Background investigation. An applicant for a license as a multi-jurisdictional totalizator hub must submit to a background investigation regarding the applicant’s past conduct and technical and business ability to adequately…

Rule 20:04:33:21 Individuals subject to application and background investigations. 20:04:33:21. Individuals subject to application and background investigations. If the applicant for a license as a multi-jurisdictional totalizator hub is a corporation, shareholders holding five p…

Rule 20:04:33:22 Criminal records check. 20:04:33:22. Criminal records check. In determining the applicant’s suitability for licensure, the owners of any entity applying for a multi-jurisdictional totalizator hub license shall be fingerprinted and such fingerprints shall be forwa…

Rule 20:04:33:23 Authority to conduct background investigation. 20:04:33:23. Authority to conduct background investigation. By signing and filing an application for a license subject to the perjury laws of this state, the applicant authorizes the commission to obtain information …

Rule 20:04:33:24 Failure to allow investigation. 20:04:33:24. Failure to allow investigation. The applicant’s failure to allow investigation into the applicant’s background or to disclose all information as requested by the commission or providing false or misleading information …

Rule 20:04:33:25 Application for multi-jurisdictional totalizator hub license. 20:04:33:25. Application for multi-jurisdictional totalizator hub license. The application for a "multi-jurisdictional totalizator hub license" must be submitted on a form provided by the commission, a…

Rule 20:04:33:26 Operating plan. 20:04:33:26. Operating plan. The operating plan submitted with the application shall address at a minimum the following subjects: (1) A detailed description of the manner in which the proposed simulcasting of the audio and video signals from the h…

Rule 20:04:33:27 Changes in operating plan. 20:04:33:27. Changes in operating plan. The commission may require changes in a proposed plan of operations as a condition of a license. No subsequent changes in the system’s operation may occur unless ordered by the commission or until…

Rule 20:04:33:28 Penalty for failure to follow operating plan, commission order, or other rules and laws. 20:04:33:28. Penalty for failure to follow operating plan, commission order, or other rules and laws. If a multi-jurisdictional totalizator hub licensee fails to carry out th…

Rule 20:04:33:29 Initial system audit. 20:04:33:29. Initial system audit. The applicant for a multi-jurisdictional totalizator hub license must submit the applicant’s system to initial system audits as determined by the commission. Prior to provisional approval of the system conf…

Rule 20:04:33:30 Term of license. 20:04:33:30. Term of license. The term of a license for a multi-jurisdictional hub is one calendar year, or portion thereof. Source: 32 SDR 32, effective August 30, 2005. General Authority: SDCL 42-7-56(15)(16). Law Implemented: SDCL 42-7-56(15)(…

Rule 20:04:33:31 Application and audit fees. 20:04:33:31. Application and audit fees. The application fee for a multi-jurisdictional totalizator hub license is $5,000. The initial system audit fee is $2,000. These fees must be submitted with the license application and are nonref…

Rule 20:04:33:32 Background investigation fee. 20:04:33:32. Background investigation fee. An additional fee may be required to conduct the background investigation of an applicant for a hub license or the initial system audit. If the commission or the executive secretary determin…

Rule 20:04:33:33 Bond. 20:04:33:33. Bond. At the time of final approval of the applicant’s system and license, the multi-jurisdictional totalizator hub applicant shall give to the commission a bond in an amount set by the commission, that guarantees all payments to the commission…

Rule 20:04:33:34 Claims for nonpayment. 20:04:33:34. Claims for nonpayment. An account holder, who is claiming that nonpayment has occurred, shall file a claim of nonpayment with the commission. The commission shall investigate the claim and provide the hub licensee with an oppor…

Rule 20:04:33:35 Hub employee licensing. 20:04:33:35. Hub employee licensing. Any personnel involved in the management or operation of a multi-jurisdictional totalizator hub, whether the involvement is on or off site, is required to be licensed by the commission prior to beginnin…

Rule 20:04:33:36 Prohibition against licensure of law enforcement officials. 20:04:33:36. Prohibition against licensure of law enforcement officials. No officer, agent, or employee of the law enforcement department of the town, city, county, or state where a licensed hub is locat…

Rule 20:04:33:37 Licensure qualification. 20:04:33:37. Licensure qualification. Any individual employed by a multi-jurisdictional totalizator hub shall have a current valid license. Any individual seeking a license shall be a person of at least 21 years of age and of good moral c…

Rule 20:04:33:38 Categories of personnel licensing. 20:04:33:38. Categories of personnel licensing. Each hub personnel shall be licensed in one of the following two categories: (1) Key employee; or (2) Hub employee. Source: 32 SDR 32, effective August 30, 2005. General Authority:…

Rule 20:04:33:39 Licenses revocable. 20:04:33:39. Licenses revocable. Each employee or hub employee license is revocable and is not transferable. No person holding a key employee or hub license acquires any vested interest or property right in the license. Source: 32 SDR 32, effe…

Rule 20:04:33:40 Reapplication upon denial. 20:04:33:40. Reapplication upon denial. No person who has had a license required by this chapter denied by the commission may reapply until at least one year has elapsed from the date of the denial. No person who has been denied a licen…

Rule 20:04:33:41 Disciplinary action for false statements. 20:04:33:41. Disciplinary action for false statements. Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, fails to keep books and records as …