N.J. Admin. Code § 13:73-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:73-3.3 - Calculation of cost of workers' compensation insurance or self-insurance coverage for horse racing industry employees

(a) The cost of workers' compensation insurance or self-insurance coverage is based upon the total payroll of the horse racing industry employees plus all additional costs necessary for the Board to carry out its duties pursuant to this chapter.

(b) In calculating the total payroll of horse racing industry employees, the Board shall ascertain, to the extent possible, the number of horse racing industry employees and the total salaries of these employees. The Board shall use information regarding the number of horse racing industry employees and the total of their salaries from the 12 months prior to the date on which the assessment is being calculated.

1. In ascertaining the number of horse racing industry employees, the Board may collect and utilize information from:

i. Information submitted to the Board by the Commission, including information regarding the number of licensed horse racing industry employees; and

ii. Any other information relevant to the number of horse racing industry employees or their salaries.

2. In estimating the salaries of employees, the Board may utilize, to the extent necessary, information regarding the average or actual annual salaries of jockeys, jockey apprentices, exercise riders, drivers, and other horse racing industry employees.

i. In estimating the average or actual annual salaries, the Board may utilize information obtained from the horsemen's bookkeeper at each racetrack concerning the actual payroll earned by jockeys and drivers pursuant to N.J.A.C. 13:70-3.46 and 13:71-6.31.

ii. In estimating the average or actual annual salaries, the Board may utilize information provided to the Board by the representative of the thoroughbred industry serving on the Board and by the representative of the standardbred industry serving on the Board regarding the thoroughbred and standardbred industry pay scales for horse racing industry employees.

iii. The representatives of the thoroughbred and standardbred industries serving on the Board shall collect information regarding the industry pay scale for horse racing industry employees from horsemen and horsemen associations within the horse racing industry, including the horsemen associations recognized by the Commission pursuant to N.J.A.C. 13:70-1.30 and 13:71-1.25.

3. The Board may compel production of any information, including Internal Revenue Service documents, regarding the payroll of employees from any person licensed or required to be licensed by the Commission.

4. The Board shall utilize procedures established by the Department of the Treasury pursuant to 52:27B-62 for the collection of premium quotations from insurers.

N.J. Admin. Code § 13:73-3.3

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