N.J. Admin. Code § 13:74A-2.2 - Effect of placement on self-exclusion list; entry and wagering restrictions; forfeiture of gambling or other proceeds

(a) A person whose name appears on the self-exclusion list shall be:

1. Prohibited from entry into the premises of permitted racetracks for any reason;

2. Prohibited from entry into the premises off-track wagering facilities for any reason; and

3. Prohibited from opening or maintaining a wagering account with the account wagering system or fixed odds wagering system.

(b) Once a person's name is entered on the self-exclusion list, that person shall not collect winnings, recover losses, or any money or thing of value subsequently arising as a result of or related to wagering activity at a permitted racetrack, at an off-track wagering facility, from account wagering, or from fixed odds wagering. Any winnings, money or thing of value owed to or obtained by such a self-excluded person shall be subject to forfeiture consistent with the provisions at (d) below.

(c) A person whose name appears on the self-exclusion list, and who subsequently enters a permitted racetrack or off-track wagering facility, shall be subject to immediate ejection from the facility by that facility. A person, who has requested that said person's name appear on the self-exclusion list and has an open wagering account with the account wagering licensee or fixed odds wagering licensee, shall have that account closed by the account wagering licensee or fixed odds wagering licensee promptly upon the placement of said person's name on the self-exclusion list by the Racing Commission.

(d) Any money or thing of value which is obtained by, or is owed to, a person on the self-exclusion list by a permitted racetrack, licensed off-track wagering facility, by the account wagering licensee, or fixed odds wagering licensee, during the time period that such person's name appears on the selfexclusion list, shall be subject to forfeiture by Order of the Racing Commission's Executive Director or designee. Any such forfeiture shall follow: notice to the self-excluded person to be sent to the residence address provided in the application for inclusion on the self-exclusion list, unless the selfexcluded person has, in writing, advised the Racing Commission of a change of address, in which case said notice shall be sent to such current address; and the opportunity to be heard in a contested case proceeding before the Office of Administrative Law. Following the contested case proceeding before the Office of Administrative Law, and where the consideration of the recommended decision of the Office of Administrative Law by the Racing Commission results in a final decision authorizing forfeiture, the Racing Commission Executive Director shall issue an Order causing the money or thing of value to be forfeited. Any such Order shall provide that such funds are to be deposited into the State General Fund for appropriation by the Legislature to the Department of Health to provide funds for compulsive gambling treatment and prevention programs in the State.

Notes

N.J. Admin. Code § 13:74A-2.2

Amended by 54 N.J.R. 1919(a), effective 10/3/2022