The distribution of any single wagering pool unawarded surplus, which could arise in connection with a single-pool wagering event, shall be subject to the approval by the Racing Commission at the time it considers any petition of a single-pool wagering outlet for a single-pool wagering event. The single-pool wagering outlet shall have the burden to demonstrate, to the satisfaction of the Racing Commission, that any single wagering pool unawarded surplus will be distributed in a fair and consistent fashion to persons who have wagered on the same race, or races, resulting in the single wagering pool unawarded surplus.
N.J. Admin. Code § 13:70-29A.8