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ORR # 2002-026 DEPARTMENT OF AGRICULTURE
RACING COMMISSIONER GENERAL RULES
Filed with the Secretary of State on
This rule takes effect 15 days after filing with the Secretary of State
(By authority conferred on the racing commissioner by section 6 of 1980 PA 327, MCL 431.66 and section 184 of 1965 PA 380, MCL 431.284)
R 413.1001 to 431.4290 of the Michigan Administrative Code are amended by adding R 431.2061, as follows:
PART 2. MUTUELS
R 431.2061 Simulcast purse pool distribution.
Rule 2061. (1) The Commissioner shall issue a simulcast purse pool distribution order, in accordance with section 19 of the act, not later than February 15 of each year.
(2) For purposes of purse pool distribution under section 19(1)(a) and (b) of the act, all of the following provisions apply:
(a) “Thoroughbred simulcasts”, “thoroughbred handle” and “thoroughbred purse pools” include handle from regulated pari-mutuel races in Michigan where jockeys ride horses as defined by R 431.1010(e) and the act.
(b) “Standardbred simulcasts”, “standardbred handle,” and “standardbred purse pools” include handle from all regulated pari-mutuel races where drivers, as defined by R 431.1005(e), drive horses in harness.
(c) Any wagering generated or occurring at a location receiving audio or visual transmissions of any race are the handle of that location and not the handle of the licensee sending or in control of sending the transmissions.
(3) All monies deposited into the horsemen’s simulcast purse pool, except an amount determined by all certified horsemen’s associations for administrative fees, shall be exclusively used for Michigan live racing purses. If all certified horsemen associations cannot agree annually on the amount of the administrative fee, and to whom it is to be paid, then the racing commissioner shall make and incorporate those determinations in the order to be issued annually not later than February 15. In no event shall the total aggregate administrative fees exceed 6% of all monies deposited into the horsemen’s simulcast purse pool.
(4) The commissioner shall audit purse pool accounts and expenditures, and shall request and receive a full accounting of purse pool accounts.
(5) Any organization or person unlawfully interfering with the implementation or enforcement of a distribution order issued under this rule shall be subject to sanctions. Sanctions may include, but are not
limited to, the revocation or suspension of a license or horsemen organization's certification, or both, granted under the act.
