Section 71 IAC 9-2.2-14 - Action by permit holder against unlicensed secondary pari-mutuel organizationAuthority: IC 4-31-7.5-11
Affected: IC 4-31-7.5-19
Sec. 14.
(a) A permit holder has a right of action against a secondary pari-mutuel organization that accepts a wager in violation of section 13 of this rule.(b) If the permit holder prevails in an action filed under this section, the permit holder is entitled to the following: (1) An injunction to enjoin future violations of this rule.(2) Compensatory damages equal to any actual damage proven by the permit holder. If the permit holder does not prove actual damage, the permit holder is entitled to presumptive damages of five hundred dollars ($500) for each wager placed in violation of this rule.(3) The permit holder's reasonable attorney's fees and other litigation costs reasonably incurred in connection with the action.(c) A secondary pari-mutuel organization that accepts a wager in violation of section 13 of this rule submits to the jurisdiction of Indiana courts for purposes of this article.Indiana Horse Racing Commission; 71 IAC 9-2.2-14; emergency rule filed Aug 29, 2018, 11:12 a.m.: 20180905-IR-071180370ERA; emergency rule filed 12/5/2019, 1:56 p.m.: 20191211-IR-071190646ERAReadopted filed 7/6/2023, 1:50 p.m.: 20230802-IR-071230371RFANOTE: Agency cited as 71 IAC 9-2.1-14, which was renumbered by the Publisher as 71 IAC 9-2.2-14.