N.J. Admin. Code § 13:70-1.37 - Annual disbursement of Casino Simulcasting Special Fund monies

(a) The rules of practices and procedures (N.J.A.C. 13:70-1.32 through 1.41) set forth in this subchapter shall be applicable to the annual disbursement of Casino Simulcasting Special Fund (CSSF) monies pursuant to N.J.S.A. 5:12-205. The disbursement of CSSF monies, which does not constitute a contested case as defined in N.J.S.A. 52:14B-2(b) or require a public hearing, shall be considered and decided at a public meeting of the Commission.

(b) "Interested parties" for the purpose of the disbursement of CSSF monies shall include all permitted New Jersey racetracks, the horsemen's organization, which represents a majority of the owners, breeders and trainers of standardbred horses in this State and the horsemen's organizations, which represent a majority of the owners, breeders and trainers of thoroughbred horses in this State.

(c) The written submissions of each permitted New Jersey racetrack shall, to the extent it wishes to present information for the Commission's consideration, set forth detailed facts in support of any claim that:

1. The racetrack's financial well-being has been negatively impacted by casino simulcasting; and

2. The racetrack is financially distressed.

(d) The written submissions of each horsemen's organization shall, to the extent the organization wishes the Commission to consider it, set forth detailed facts as to how it will use the monies to fund a project that will be beneficial to the racing industry in New Jersey. The information submitted to the Commission shall detail clearly all aspects of the proposed project, how the project will benefit the horse racing industry in this State and how the requested funds will be used. Failure to submit such detailed information may result in a decision by the Commission that it is unable to disburse CSSF monies for the project.

(e) The amount of CSSF monies to be disbursed, pursuant to N.J.S.A. 5:12-205d, to permitted New Jersey racetracks and the horsemen's organizations shall lie within the Commission's discretion and be in such amounts as the Commission deems appropriate.

(f) The Commission's Order of Disbursement of CSSF monies shall constitute a final decision of the agency and any appeal of such Order shall be made to the Appellate Division of the Superior Court of New Jersey upon notice to the Commission and all other recipients of CSSF monies.

1. Because of the recipients' need to rely upon timely receipt of the monies disbursed and the statute's requirement of annual distributions, the Commission shall not grant any request to stay or escrow the amounts disbursed pending appeal.

2. In the event that the court alters the amount disbursed to an interested party on appeal, the Commission shall effectuate any such modification in the next annual disbursement of CSSF' monies. No recipient shall be required to return a prior year's disbursement of CSSF monies unless the amount available in the next annual disbursement is insufficient to cover the modifications ordered by the court or unless exigent circumstances warrant otherwise.

(g) The Commission may order a recipient to return any or all of the CSSF monies disbursed to it if information comes to the attention of the Commission that the recipient is not using the monies for the purposes or projects intended or the recipient is otherwise misusing or unable to account for such monies.

Notes

N.J. Admin. Code § 13:70-1.37

New Rule, R.2008 d.339, effective 11/17/2008.
See: 40 N.J.R. 4295(a), 40 N.J.R. 6620(a).