N.J. Admin. Code § 13:70-1.38 - Annual allocation of race dates
(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 allocation of racing dates. The
allocation of racing dates, 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 allocation of racing dates shall include all
permitted New Jersey racetracks.
(c) Applications for racing dates shall be
made on the form prescribed by the Commission, which shall be mailed to all of
the permitted racetracks on or before October 1 of each year.
(d) Applications for racing dates shall be
filed with the Commission before October 15 of each year and shall be acted
upon by the Commission at a meeting of the Commission to be held not later than
December 1 of the same year.
(e) In
the event that any such application is filed with the Commission on or after
October 15 of any year, the Commission shall act upon the same at a meeting of
the Commission to be held not later than 60 days following the filing of such
application.
(f) All applicants for
racing dates may be present in person or through an agent or counsel and be
heard by the Commission with respect to such allotment at the Commission's
scheduled meeting.
(g) In
allocating racing dates, the Commission shall endeavor to allot to each
applicant, subject to the restrictions set forth in
N.J.S.A.
5:5-43 et seq., the dates requested in the
respective applications, after giving due consideration to all of the factors
involved and the interests of such respective applicants and the
public.
(h) For the purposes of
this section, the "public interest" shall include considerations related to the
following factors:
1. Protecting the State's
revenues from racing and generating additional revenues to the State, its
agencies and subdivisions;
2.
Providing for continuity of racing and year-round racing, so as to promote the
racing industry and maintain and enhance the employment, which it provides in
this State;
3. Providing a
recreational opportunity for residents in the several areas of the State where
licensed tracks are situated; and
4. Maintaining and improving this State's
competitive position with regard to neighboring racing states.
(i) A permitholder may reject any
or all of the racing dates allotted by the Commission.
1. If racing dates are rejected, any or all
of the remaining permitholders may amend their applications to request the
dates rejected.
2. Should more than
one permitholder seek to obtain the same rejected dates, the allocation of such
shall lie within the Commission's discretion as most appropriate for providing
continuity of racing in the State and furthering the public interest.
3. The Commission shall not allocate any of
the rejected racing dates to any permitholder, which has been determined to be
in violation of the Racing Act,
N.J.S.A.
5:5-22 et seq.
Notes
See: 40 N.J.R. 4295(a), 40 N.J.R. 6620(a).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.