N.J. Admin. Code § 13:73-3.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:73-3.1 - Powers of the Board

(a) The Board shall secure workers' compensation insurance or self-insurance coverage for horse racing industry employees. Pursuant to N.J.S.A. 34:15-133, the Board shall have the power to:

1. Purchase and serve as the master policyholder for any insurance or self-insurance coverage pursuant to N.J.S.A. 34:15-77.

i. Pursuant to N.J.S.A. 34:15-135, a horse racing industry employee shall be deemed to be in the employment of the Board and in the employment of all standardbred owners, thoroughbred owners, or thoroughbred trainers whose horses are stabled at a permitted New Jersey racetrack, as the case may be, who are licensed or are required to be licensed by the Commission at the time of any occurrence for which workers' compensation benefits are payable. Pursuant to N.J.S.A. 34:15-1 et seq., as supplemented by the Act, such horse racing industry employees are not considered solely in the employment of a particular owner or trainer. A horse racing industry employee shall not be deemed to be in the employment of the Board for any other purpose; and

ii. Pursuant to N.J.S.A. 34:15-135, the Board and all standardbred owners, thoroughbred owners, or thoroughbred trainers who are licensed or are required to be licensed by the Commission and whose horses are stabled at a permitted New Jersey racetrack shall be deemed the employer of a horse racing industry employee at the time of any event for which workers' compensation benefits are payable, pursuant to N.J.S.A. 34:15-1 et seq. as supplemented by the Act. The Board shall not be deemed the employer of a horse racing industry employee for any other purpose.

2. Enter into contracts with other persons, entities or public bodies for any professional, administrative or other services, including legal counsel if approved by the Attorney General, as may be necessary to carry out the duties of the Board and the purposes of the Act;

3. Assess, collect and disburse all money due or payable to or by the Board, or authorize such collection and disbursement;

4. Invest moneys held in trust under any fund in investments which are approved by the State Investment Council for the investment of surplus moneys of the State;

5. Approve assessments, surplus, limits of coverage, limits of excess or reinsurance, coverage documents and other financial and operating policies of the Board;

6. Promulgate rules and regulations, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., necessary to effectuate the purposes of the Act; and

7. Take all actions necessary to carry out the provisions of the Act.

N.J. Admin. Code § 13:73-3.1

Amended by 50 N.J.R. 1299(a), effective 5/21/2018