Section 2073 - Operation of an Advance Deposit Wagering Account for All Entities(a) The entity 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 entity shall return any funds within five business days to the Account Holder at the address of record.(b) Funds shall be in an interest bearing Account.(c) Funds in an Account shall not bear interest to the Account Holder.(d) Residents of California shall not be charged a surcharge on any winning wager.(e) Wagers shall be accepted during the days and times designated as operating on the CHRB-132 for California entities and the CHRB-133 for entities outside California. The entity may close for receiving wagers on any pari-mutuel pool, race(s), or close for all wagering. Anytime the entity closes during the times designated as operating on the CHRB-132 and CHRB-133 a written report shall be filed with the Board within two business days.(f) 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 entity for 180 days. The tapes and other records shall be made available to the Board upon request or order by the Executive Director.(g) The total amount of all Account wagers shall be included in the respective pools for each race and shall be combined into the licensee's pools or directly into the corresponding pools of the host track.(h) 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 entity of any breach of the Account's security.(i) Upon request of the Account Holder the entity shall provide a statement detailing Account activity for the immediate 30 days prior to the request. Unless the entity receives written notice disputing the statement within 14 days of the date a statement is forwarded, it shall be deemed to be correct.(j) The address provided or the application to establish an 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 entity of any address change.(k) No employee or agent of the entity shall divulge any Confidential Information related to 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 Board, and as otherwise required by state of federal law.(l) Account Holders shall designate if they want to use a credit card to make deposits to their Account. Changes to the designation shall require 24 hours' notice to the entity.Cal. Code Regs. Tit. 4, § 2073
1. New section filed 1-7-2002; operative 1-7-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 2).
2. Amendment of subsection (f) and repealer of subsection (m) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10). Note: Authority cited: Sections 19440, 19590 and 19604, Business and Professions Code. Reference: Section 19604, Business and Professions Code.
1. New section filed 1-7-2002; operative 1-7-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 2).
2. Amendment of subsection (f) and repealer of subsection (m) filed 3-4-2009; operative 4-3-2009 (Register 2009, No. 10).