W. Va. Code R. § 178-10-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 178-10-5 - ADW licensee requirements

5.1. An ADW licensee shall conduct its operations with account holders in accordance with the terms of agreement, previously approved by the Racing Commission.

5.2. No employee or agent of the ADW licensee shall divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the ADW licensee except:

5.2.a. To the account holder as required by this rule;

5.2.b. To the Racing Commission;

5.2.c. To the ADW licensee; and

5.2.d. As otherwise required by state or federal law.

5.3. All wagering conversations, transactions or other wagering communications through the ADW system, verbal or electronic, shall be recorded by means of the appropriate electronic media, and the tapes or other records of such communications shall be kept by the ADW licensee for a period of three years. These tapes and other records shall be made available to Racing Commission, its employees and designees upon request.

5.4. The recording of the confirmation of the transaction, as reflected in the voice or data recording records, shall be deemed to be the actual wager, regardless of what was recorded by the pari-mutuel system.

5.5. An ADW licensee shall not accept wagers if its transcribing system is not operable

5.6. An ADW license shall be administered in accordance with its terms of licensure and the previously approved terms of agreement.

5.7. The Racing Commission, its employees and designees may audit, review and monitor the equipment, staff and records of an ADW licensee and any of the transactions conducted by the ADW licensee in regards to wagers made by account holders; the calculation and determination of the source market fee set forth in West Virginia Code § 19-23-12e(b); the total amount wagered through the ADW licensee by residents; the calculation and determination of the regulatory fee set forth in West Virginia Code § 19-23-12e(h); and, the calculation and determination of the additional fee set forth in West Virginia Code §19-2312e(i) to be deposited in the special revenue "Advance Deposit Wagering Account."

W. Va. Code R. § 178-10-5