Kan. Admin. Regs. § 112-9-44

Current through Register Vol. 43, No. 49, December 5, 2024

Section 112-9-44 - Place pick (N) pools

(a) The place pick (N) shall require selection of the first-place or second-place finisher in each of a designated number of contests. Each licensee shall secure written approval from the commission concerning the scheduling of place pick (N) contests, the designation of one of the methods stated in subsection (b) of this regulation, the distinctive name identifying the pool, and the amount of any cap to be set on the carryover pool. Each change to the approved place pick (N) format shall be approved by the commission before that change is implemented.

(b) Each place pick (N) pool shall be apportioned using one of the following methods:

(1) For a place pick (N) with carryover pool, each net place pick (N) pool and carryover pool, if any, shall be distributed as a single-price pool to those who select the first-place or second-place finisher in each of the place pick (N) contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool shall be distributed as a single-price pool to those who select the first-place or second-place finisher in the greatest number of place pick (N) contests, and the remainder shall be added to the carryover pool.

(2) For a place pick (N) with a minor pool and a carryover pool, the major share of the net place pick (N) pool and the carryover pool, if any, shall be distributed to those who select the first-place or second-place finisher in each of the place pick (N) contests, based upon the official order of finish. The minor share of the net place pick (N) pool shall be distributed to those who select the first-place or second-place finisher in the second greatest number of place pick (N) contests, based upon the official order of finish. If there are no wagers selecting the first-place or second-place finisher of all place pick (N) contests, the minor share of the net place pick (N) pool shall be distributed as a single-price pool to those who select the first-place or second-place finisher in the greatest number of place pick (N) contests, and the major share shall be added to the carryover pool.

(3) For the place pick (N) with no minor pool and no carryover pool, each net place pick (N) pool shall be distributed as a single-price pool to those who select the first-place or second-place finisher in the greatest number of place pick (N) contests, based upon the official order of finish. If there are no winning wagers, the pool shall be refunded.

(4) For a place pick (N) with a minor pool and no carryover pool, the major share of the net place pick (N) pool shall be distributed to those who select the first-place or second-place finisher in the greatest number of place pick (N) contests, based upon the official order of finish. The minor share of the net place pick (N) pool shall be distributed to those who select the first-place or second-place finisher in the second greatest number of place pick (N) contests, based upon the official order of finish. If there are no wagers selecting the first-place or second-place finisher in a second greatest number of place pick (N) contests, the minor share of the net place pick (N) pool shall be combined with the major share for distribution as a single-price pool to those who select the first-place or second-place finisher in the greatest number of place pick (N) contests. If the greatest number of first-place or second-place finishers selected is one, the major and minor shares shall be combined for distribution as a single-price pool. If there are no winning wagers, the pool shall be refunded.

(5) For a place pick (N) with a minor pool and no carryover pool, the major share of the net place pick (N) pool shall be distributed to those who select the first-place or second-place finisher in each of the place pick (N) contests, based upon the official order of finish. The minor share of the net place pick (N) pool shall be distributed to those who select the first-place or second-place finisher in the second greatest number of place pick (N) contests, based upon the official order of finish. If there are no wagers selecting the first-place or second-place finisher in all place pick (N) contests, the entire net place pick (N) pool shall be distributed as a single-price pool to those who select the first-place or second-place finisher in the greatest number of place pick (N) contests. If there are no wagers selecting the first-place or second-place finisher in a second greatest number of place pick (N) contests, the minor share of the net place pick (N) pool shall be combined with the major share for distribution as a single-price pool to those who select the first-place or second-place finisher in each of the place pick (N) contests. If there are no winning wagers, the pool shall be refunded.

(c)

(1) If there is a dead heat for first place in any of the place pick (N) contests involving contestants representing the same betting interest, the place pick (N) pool shall be distributed as if no dead heat had occurred.

(2) If there is a dead heat for first place in any of the place pick (N) contests involving contestants representing two or more betting interests, the place pick (N) pool shall be distributed as a single-price pool with a winning wager, including each betting interest participating in the dead heat.

(d)

(1) If there is a dead heat for second place in any of the place pick (N) contests involving contestants representing the same betting interest, the place pick (N) pool shall be distributed as if no dead heat had occurred.

(2) If there is a dead heat for second place in any of the place pick (N) contests involving contestants representing two or more betting interests, the place pick (N) pool shall be distributed as a single-price pool with a winning wager, including the betting interest that finished first or any betting interest involved in the dead heat for second.

(e) If a betting interest in any of the place pick (N) contests is scratched, the actual favorite, as determined by total amounts wagered in the win pool at the host track for the contest at the close of wagering on the contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. If the win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests that become winners as a result of the substitution, in addition to the normal winning combination.

(f) The place pick (N) pool shall be canceled and all place pick (N) wagers for the individual performance shall be refunded if any of the following occurs:

(1) At least two contests included as part of a place pick 3 are canceled or declared "no contest."

(2) At least three contests included as part of a place pick 4, place pick 5, or place pick 6 are canceled or declared "no contest."

(3) At least four contests included as part of a place pick 7, place pick 8, or place pick 9 are canceled or declared "no contest."

(4) At least five contests included as part of a place pick 10 are canceled or declared "no contest."

(g) If at least one contest included as part of a place pick (N) is canceled or declared "no contest," but not more than the number specified in subsection (f) of this regulation, the net pool shall be distributed as a single-price pool to those whose selections finish first or second in the greatest number of place pick (N) contests for the performance. Each distribution shall include the portion ordinarily retained for the place pick (N) carryover pool but not the carryover pool from previous performances.

(h) The place pick (N) carryover may be capped at a designated level approved by the commission so that if, at the close of any performance, the amount in the place pick (N) carryover pool equals or exceeds the designated cap, the place pick (N) carryover shall be frozen until it is won or distributed in accordance with this regulation. After the place pick (N) carryover pool is frozen, 100 percent of the net pool, part of which ordinarily would be added to the place pick (N) carryover pool, shall be distributed to those whose selection finishes first or second in the greatest number of place pick (N) contests for the performance.

(i) A written request for permission to distribute the place pick (N) carryover pool on a specific performance may be submitted to the commission. Each request shall contain a statement of justification for the distribution, the benefit to be derived, and the intended date and performance for the distribution.

(j) If the place pick (N) carryover pool is designated for distribution on a specified date and performance in which there are no wagers selecting the first-place or second-place finisher in each of the place pick (N) contests, the entire pool shall be distributed as a single-price pool to those whose selection finishes first or second in the greatest number of place pick (N) contests. The place pick (N) carryover pool shall be designated for distribution on a specified date and performance in the event of any of the following:

(1) Upon written approval from the commission as provided in subsection (i) of this regulation;

(2) upon written approval from the commission if there is a change in the carryover pool cap or a change from one type of place pick (N) wagering to another, or if the place pick (N) is discontinued;

(3) on the closing performance of the race meeting or split meeting; or

(4) upon the written approval of the commission that, if the organization licensee fails to pay out the carryover pool according to paragraph (j)(3) and the commission determines that it would not be feasible for the track to run another race, the total carryover pool remaining will be distributed to charitable organizations that have met the requirements of K.S.A. 74-8813(d), and amendments thereto, and meet the organization's approved charitable distribution guidelines.

(k) If the place pick (N) carryover pool is carried over to the corresponding place pick (N) pool of a subsequent race meeting, the carryover pool shall be deposited in an interest-bearing account approved by the commission. Each place pick (N) carryover pool plus accrued interest then shall be added to the net place pick (N) pool on the date and performance designated by the commission.

(l) With the written approval of the commission, the licensee may contribute to the place pick (N) carryover a sum of money up to the amount of any designated cap.

(m) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining shall be strictly prohibited. This subsection shall not prohibit any necessary communication for the processing of pool data between totalisator and parimutuel department employees.

(n) Any organization licensee may suspend previously approved place pick (N) wagering with the prior approval of the commission. Any carryover pool shall be maintained until the suspended place pick (N) wagering is reinstated. Any organization licensee may request approval of a place pick (N) wager or separate wagering pool for specific performances.

Kan. Admin. Regs. § 112-9-44

Authorized by K.S.A. 2001 Supp. 74-8804; implementing K.S.A. 74-8819; effective, T-112-11-9-92, Nov. 9, 1992; effective, T-112-3-1-93, March 1, 1993; effective May 3, 1993; amended March 14, 2003.