Sec.12-574-F60. Telephone betting

(a) Telephone deposit center. The association may operate a telephone deposit center for the purpose of keeping deposit accounts and accepting telephone bets. The association shall establish written procedures for the operation of the telephone deposit center. Said procedures and any subsequent amendments shall be subject to division approval.

(b) Deposit account. Only those persons providing the required and accurate account identification information to the telephone deposit center with respect to a specific deposit account shall be permitted to bet by telephone. Betting by agents or betting services is prohibited. No association employee shall knowingly accept any wager from any prohibited person. The telephone deposit center shall accept bets up to the amount posted to the credit of such account at the time the bet is placed. Subject to division approval, the association may implement procedures for the use of deposit accounts for betting while at OTB facilities and for betting by any other electronic means approved by the division.

(c) Application for deposit account. An applicant for a deposit account shall supply such information as the association may require, subject to division approval. Applicants must certify in their application that they have attained the age of majority.

(d) Identification of deposit account.

(1) Each deposit account shall have a unique identifying account number. Such number may be changed at any time provided the association informs the account holder in writing of the change.

(2) All persons shall adhere to such other methods of identification as the association may require, subject to division approval.

(e) Service charges. The association may establish charges to accounts for various services subject to the prior approval of the division. The association shall provide each account holder with a list of all service charges and any updates thereto.

(f) Information to account holder. An account holder shall receive at the time the account is opened an identification card, a summary of the rules, and an explanation of the procedures then in force for depositing to, withdrawing from and closing of the account; a telephone number to be utilized by the account holder; a description of the mechanics of betting; a listing of any service charges that may apply; and such other information as the association may deem appropriate.

(g) Natural person only. The OTB association shall accept telephone deposit accounts in the name of a natural person only. The association shall not allow any corporate, partnership, joint, trust, beneficiary or custodial telephone deposit account(s).

(h) Non-transferable. Neither the ownership nor the funds of a telephone deposit account are transferable.

(i) Right to refuse accounts. The OTB association shall have the right to refuse the establishment or maintenance of accounts for what it deems good and sufficient reason. No account shall be established or maintained for any prohibited person as described in section 12-574-F9 (k) of the Regulations of Connecticut State Agencies.

(j) Right to refuse deposits. The OTB association shall have the right to refuse deposits to accounts for what it deems good and sufficient reason.

(k) Right to suspend or close an account. The OTB association and the division have the right to suspend any account or to close any account at any time provided that when an account is closed, the OTB association shall return to the account holder such monies, less any authorized service charges, as are on deposit at the time of said action. The association shall establish procedures, subject to division approval, regarding monies which prove to be undeliverable.

(l) Deposits or withdrawals. Deposits to and withdrawals from existing accounts shall be permitted only in such form and by such procedures as established by the OTB association and approved by the division.

(m) Check deposits. Checks offered for a deposit in a deposit account shall not be posted to the credit of the account holder until the "hold" period established by the OTB association and approved by the division has elapsed. All such checks shall be immediately marked "for deposit only" and included in the next scheduled deposit.

(n) Acceptance of bets. Telephone bets shall be accepted during such time and on such days as designated by the OTB association and approved by the executive director.

(o) Right to declare betting closed. Notwithstanding any other rules, the managing employee of the telephone deposit center may at any time declare the telephone deposit center closed for receiving telephone bets on any pari-mutuel pool, race, group of races, or closed for all betting.

(p) Right to refuse bets. The OTB association or any OTB facility operator has the right at any time and for what it deems good and sufficient reason to refuse to accept all or part of any bet.

(q) Betting conversations recorded. All betting conversations shall be recorded by the telephone deposit center and the tapes of said conversations stored for a period of time which corresponds with the presentation deadline established in section 12-574-F9(g) of the Regulations of Connecticut State Agencies. All betting transactions accepted by means other than an operator shall be electronically recorded, subject to division approval, and stored for a period of time which the division shall establish.

(r) Responsibility of account holder. Deposit accounts are for the personal use of the account holder. No other person may act, nor may the account holders facilitate any other person to act, as an agent for an account holder in the placing of wagers or the withdrawal of funds. Account holders are responsible for all bets placed through their accounts by any person using the account. The account holder bears the responsibility for maintaining the secrecy of his account number and secret code word. OTB association employees shall immediately report to the division any suspicion of use of an account by someone other than the account holder. The division may notify the association of use of an account by someone other than the account holder as the division deems appropriate.

(s) Payments on winning bets. Payment on winning pari-mutuel telephone wagers and refunds shall be posted automatically to the credit of the account holder, as soon as practicable, after the race is declared official.

(t) Periodic statements. Not less than once per year, the OTB association shall provide written statements of account activity during the period to all account holders. In addition, an account holder has the right to request a statement for the current and four (4) previous years, at any time. Unless written notice to the contrary is received by the association within fourteen (14) days of the date that any such statement is rendered to an account holder, said statement shall be deemed accepted by the account holder as correct in any and all particulars. A copy of annual statements for each account shall be maintained by the association in each account holder's file for a five (5) year period.

(u) Inactive accounts. Accounts found to be inactive based on guidelines established under Chapter 32 of the Connecticut General Statutes shall be deactivated from the on-line totalizator system. Any funds remaining in such accounts shall be transferred to the state of Connecticut in a manner prescribed by the Office of the State Treasurer.

(v) Address of account holder. The last address provided in writing by an account holder to the association is deemed to be the correct address and shall be the address used by the OTB association for the purposes of mailing checks, statements of account, account withdrawals, notices or any other written correspondence to the account holder. The mailing of checks or other correspondence to the address given by the account holder shall be at the sole risk of the account holder. Any change of address shall be made in writing, signed by the account holder and retained in the account holder's file. Any request for a withdrawal or the mailing of any other account information to an address other than the current address on file shall be accompanied by a written request signed by the account holder.

(w) Employees. No employee of the telephone deposit center shall divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the telephone deposit center.

(x) Money retained in deposit accounts. The funds from the telephone deposit accounts shall not be transferred to a corporate account. Telephone deposit funds shall be kept in a separate account. Such account shall be an escrow account for this purpose and maintained within the state of Connecticut. The total funds in this escrow account plus the payoff receivables due from tracks which arise from betting activity of the telephone betting patrons shall be sufficient at all times to cover all sums due to telephone deposit account holders.

(Adopted effective October 3, 2001)