# Title 69.5 — Racing Commission, North Dakota

## Article 69.5-01 — North Dakota Racing Commission Rules

## Chapter 69.5-01-08 — Pari‑Mutuel Wagering Systems

### § 69.5-01-08-01. General.

Each association may permit wagering only on races conducted by each association on the
grounds of such association except as otherwise permitted by the commission and state law. A licensee
that is hosting pools may permit wagering only through the systems and methods approved by the
commission. All such permitted wagering must be under the pari-mutuel system employing a totalizator
system approved by the commission. All other systems of wagering other than pari-mutuel are
prohibited.
History: Effective July 1, 1989; amended effective January 1, 2008; April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-02. Totalizator system.

1. Each association shall install and operate during its meeting a totalizator system approved by
the commission and such system must be tested prior to and during the meeting as required
by the commission.
2. A licensee that is hosting pools shall use only a totalizator system approved by the
commission.
3. A licensee hosting tournament style pools, including the tournament wager or 123racing
Pick-n Wager may elect to calculate pools using its own software and servers suitable for this
purpose rather than a licensed totalizator system only if all of the following conditions are met:
a. Wagers made into the tournament pool are not comingled with wagers placed through
any other entity or any interstate or international combined wagering pools.

b. The licensee provides a daily report of all tournament wagering activity including such
data as requested by the commission or as necessary to comply with statute or
administrative rules. The daily reports must be delivered to the commission's
independent auditor or other designated representative no later than 8:00 a.m. eastern
time the day following the generation of the wagers in a manner and format designated
by the commission.
c. The licensee establishes a real-time data feed with a totalizator company approved by
the commission. The data feed must include the odds feed, stop betting, scheduled post
time, and payoffs for any race comprising part of the tournament wager. The data feed
may be provided via inter-tote system protocol, web service application program
interface, or other method capable of providing the required data as approved by the
commission. The licensee shall utilize a secure network for all data communications.
d. The licensee utilizes the stop betting data from the real-time data feed to automatically
close wagering. The licensee's system also must be capable of automatically closing
wagering at post time in the event of an interruption in the real-time data feed.
e. After close of wagering for a tournament or any race or races comprising the tournament,
the licensee makes all such picks publicly available by immediately posting a listing of all
selections by player in the tournament.
f. The licensee obtains all necessary authorizations to allow the commission, its
independent auditor, or other designated representative to obtain pricing data files
directly from the host totalizator at a track holding a race which comprises part of the
tournament wager. If there is a discrepancy between the pricing data of the track host
totalizator and the licensee, the licensee shall work directly with the independent auditor
to identify and reconcile the error in accordance with section 69.5-01-11-04.1.
g. The licensee provides any track holding a race which comprises part of the tournament
wager with authorization to view reports from the commission's independent auditor or
other designated representative providing the wagering data required in order to audit
licensee payments to the track.
h. A totalizator company provides access to the commission, its independent auditor, or its
designated representative to its facility, records, and any other information as required by
the commission.
i. The licensee submits a tournament wagering operations plan to the commission for its
review and approval. The operations plan must provide details on all operations specified
in this section as well as any additional information requested by the commission. The
plan must provide the following additional information and specifically address how the
licensees operations ensure the same level of integrity in the wagering process as
required of licensed totalizators pursuant to sections 69.5-01-11-13 through
(1) Facility safety and security.
(2) Hardware operation and security.
(3) Software operation and security.
(4) Management procedures.
(5) Personnel requirements.
(6) Reporting and log requirements.

History: Effective July 1, 1989; amended effective April 1, 2016; January 1, 2017.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-03. Records.

The pari-mutuel (mutuels) manager shall maintain complete records of all wagering so the
commission may review such records for any race including the opening line, subsequent odds
fluctuation, the amount and at which window wagers were placed on any betting interest, and such
other information as the commission may require. Such wagering records must be retained by each
association or licensee and safeguarded for a period of time specified by the commission.
History: Effective July 1, 1989; amended effective January 1, 2008; April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-04. Calculation and distribution of pools.

1. General. The only pari-mutuel wagering pools permitted are, those designated in the
association of racing commissioners international model rules of racing ARCI-004-105 part I, A
through X, and pari-mutuel plus, pick 1-2-3, pick 1-2-3-4-5, 123racing Pick-n Wager©, Tote-X®
win, and tournament wager. In each pool there must be a separate and independent
calculation and distribution. From each pool there must be deducted by each association or
licensee the commissions as provided by state law. The remainder of the moneys in the pool
must be distributed as payoff to ticketholders as set out therein.
2. Pari-mutuel plus.
a. The pari-mutuel plus pool requires selection of the order of any designated number of
finishers, in their exact positions, in designated contests. The service provider must
obtain written approval from the commission concerning the scheduling of the pari-
mutuel plus contests and designate the percentage of the amount of carryover. The pari-
mutuel plus pool consists of a pool and jackpot carryover and must have predetermined
percentages set aside for the pool designated to winners who selected the designated
number of finishers. The pool will be distributed to the winners who selected the finishers,
in their exact positions, and they will then be eligible for the random drawing of the
randomly generated numbers assigned to the wager's ticket to be drawn for the awarding
of the jackpot pool. To be awarded the jackpot pool, the winner of the pool must have the
matching randomly generated number on the person's ticket that is drawn randomly from
the group of designated numbers. Any changes to the approved pari-mutuel plus format
require prior approval from the commission.
b. Unless otherwise stated, the major share of the net pari-mutuel plus pool shall be
distributed as a single price pool to those who selected the designated number of
finishers, in exact positions, based upon the official order of finish.
c. The pari-mutuel plus pool shall be apportioned with no minor pool and carryover by
choosing the designated number of horses in exact order of finish. The service provider
must make a written request to the commission for approval to offer consolation and
minor pools in the pari-mutuel plus pool, and be granted approval before implementation.
(1) The net pari-mutuel plus pool shall be distributed in accordance with the method for
distributing the major share to all winners who selected the designated number of
finishers, in exact positions.
(2) If there are no wagers qualifying for the major share, the net major share shall be
added to the carryover.

d. If there is a dead heat in the pari-mutuel plus pool involving:
(1) Contestants representing the same betting interest, the pool will be distributed as if
no dead heat occurred.
(2) Contestants representing two or more betting interests, the pool will be distributed
as a single price pool with each winning wager receiving an equal share of the
profit.
e. The pari-mutuel plus pool shall be canceled and all pari-mutuel plus wagers for the
individual performance shall be refunded under the following conditions:
(1) If the pari-mutuel plus contests are canceled or declared no contest prior to the first
pari-mutuel plus contest being declared official, the entire pari-mutuel plus pool shall
be refunded on wagers for those contests.
(2) If all remaining pari-mutuel plus contests are canceled or declared no contests after
the first pari-mutuel plus contest is declared official, the entire net pari-mutuel plus
pool, but not the pari-mutuel plus carryover, shall be distributed as a single price
pool to wagers selecting the winning combination in the pari-mutuel plus contest.
However, if there are no wagers selecting the winning combination in the pari-
mutuel plus contest, the entire pool shall be refunded on wagers for those contests.
f. Mandatory distribution.
(1) The service provider must submit a written request to the commission for
permission to distribute the pari-mutuel plus carryover on a specific performance.
The request to the commission shall contain justification for the mandatory
distribution, an explanation of the benefit to be derived, and the intended date and
performance of the distribution. The service provider must notify the commission at
least ten days prior to implementation. If the pari-mutuel plus pool cannot be
distributed during a designated performance, the mandatory distribution shall
resume on the next approved mandatory distribution performance.
(2) If the pari-mutuel plus carryover is designated for distribution on a specific date and
performance, and if there are no wagers qualifying for the major share, which is
sixty-five percent of the pool, then the following precedence shall be followed in
determining the winning wagers for the pari-mutuel plus pool and carryover pool:
(a) The major share and the pari-mutuel plus carryover shall be distributed as a
single price pool to those who selected the designated number of finishers, in
exact positions, based upon the official order of finish, and who have received
a matching random number selected through a drawing of one of a designated
group of numbers, minus the service provider or racetrack take-out.
(b) The major share and the pari-mutuel plus carryover shall be distributed as a
single price pool to those who correctly selected the most finishers, in their
exact positions, based upon the official order of finish.
g. If for any reason, the pari-mutuel plus carryover must be held over to the corresponding
pari-mutuel plus pool of a subsequent pari-mutuel plus contest, the carryover shall be
deposited in an interest-bearing account approved by the commission. The pari-mutuel
plus carryover plus accrued interest shall then be added to the pari-mutuel plus pool of
the following meet on a date and performance so designated by the commission.
h. With written approval of the commission, the service provider may contribute to the pari-
mutuel plus carryover a sum of money to be designated by the service provider or the

racetrack. Moneys contributed to the pool may be withdrawn when the pool accumulation
totals the moneys contributed.
i. Providing information to any person regarding covered combinations, amounts wagered
on specific combinations, number of tickets sold, or number of live tickets remaining is
strictly prohibited. This shall not prohibit necessary communication between totalizator
and pari-mutuel department employees for processing of pool data.
j. The service provider may suspend previously approved pari-mutuel plus wagering with
prior approval from the commission. Any carryover shall be held until the suspended pari-
mutuel plus wagering is reinstated. A service provider may request approval of the pari-
mutuel plus wager or a separate pari-mutuel plus wagering pool for specific
performances.
3. Pick 1-2-3 pool. The pick 1-2-3 pool requires selection of the first three finishers, irrespective
of order, in each of three designated contests. Payment of the ticket may be made only to the
purchaser who has selected the qualifying finishers in three designated races.
a. Pick 1-2-3 requires a selection of a combination of either nine, eight, seven, or six, first,
second, and third place finishers, in any order, in three consecutive races that are
designated as pick 1-2-3 races to qualify for a payout. There will be no monetary award
for the winning combination for winning the first pick 1-2-3 race or any combination of five
or less qualifiers in each of the three races.
b. The service provider must obtain written approval from the commission concerning the
scheduling of the pick 1-2-3 contests, the designation of qualifying races, and the cap to
be set on the carryover. Any changes to the pick 1-2-3 wager format requires prior
approval from the commission.
c. The pick 1-2-3 pool and carryover, if any, shall be distributed as a single price pool to
those who selected the winning combination of the top three finishers in three races, or a
decreasing scale of qualifiers eight of nine, seven of nine, or six of nine, in the following
payout method:
(1) Fifty percent of net pool and accumulated jackpot divided between players selecting
nine of nine.
(2) Thirty percent of net pool divided between players selecting eight of nine.
(3) Fifteen percent of net pool divided between players selecting seven of nine.
(4) Five percent of net pool divided between players selecting six of nine.
(5) If there are no winning wagers for the nine of nine winners, then fifty percent of the
net pool carryover will be added to the next pick 1-2-3 race in the race meet
schedule.
(6) If there are no winning wagers for the eight of nine winners, then thirty percent of
the net pool carryover will be added to the next pick 1-2-3 race in the race meet
schedule.
(7) If there are no winning wagers for the seven of nine winners, then fifteen percent of
the net pool carryover will be added to the next pick 1-2-3 race in the race meet
schedule.

(8) If there are no winning wagers for the six of nine winners, then five percent of the
net pool carryover will be added to the next pick 1-2-3 race in the race meet
schedule.
d. Dead heats. In the event of a dead heat in any of the position pick 1-2-3 contests based
upon the official order of finish for the purposes of determining whether a wager correctly
selected the finishers in exact position, contestants in a dead heat are deemed to jointly
occupy both or all positions in the dead heat. For example, if five and six finish in a dead
heat for first, then a selection of five for either first or second is correct and a selection of
six for either first or second is also correct.
e. Scratches.
(1) If, due to a late scratch, the number of betting interests in a contest of the pick 1-2-3
pool is reduced to fewer than six contestants, for the purposes of the pick 1-2-3 pool
only, such contests shall be declared no contest and the pick 1-2-3 pool shall be
declared a canceled contest.
(2) Should a betting interest in any contest of the pick 1-2-3 pool be scratched or
excused from the contest, no more wagers shall be accepted selecting that
scratched contestant.
(3) Scratch contestant losers:
(a) The scratch contestant is deemed to be a loser, for the purposes of the pick
(b) Other correctly selected finishers in the pick 1-2-3 shall continue to count
toward winning, as usual.
f. Canceled contests.
(1) If any of the pick 1-2-3 contests are canceled or declared no contest prior to the first
pick 1-2-3 contest being declared official, the daily pick 1-2-3 pool shall be refunded
on the pick 1-2-3 wagers for those contests.
(2) If all remaining pick 1-2-3 contests are canceled or declared no contest after the first
pick 1-2-3 contest is declared official, the entire net pick 1-2-3 pool, but not the pick
winning combination in the first pick 1-2-3 contest. However, if there are no wagers
selecting the winning combination in the first pick 1-2-3 contest, the daily pick 1-2-3
pool shall be refunded on pick 1-2-3 wagers for those contests.
g. Mandatory distribution. The service provider must submit a written request for permission
to distribute the pick 1-2-3 carryover on a specific performance to the commission. The
request shall contain justification for the mandatory distribution, an explanation of the
benefit to be derived, and the intended date and performance for the distribution. The
service provider must notify the commission at least ten days prior to implementation. If
the pick 1-2-3 pool cannot be distributed during a designated performance, the
mandatory distribution shall resume on the next approved mandatory distribution
performance.
4. Pick 1-2-3-4-5 pool. Pick 1-2-3-4-5 requires selection of the first five finishers, irrespective of
order, in each of three designated contests. Payment of the ticket may be made only to the
purchaser who has selected the qualifying finishers in three designated races.

a. Pick 1-2-3-4-5 requires the selection of a combination of either fifteen, fourteen, thirteen,
or twelve first, second, third, fourth, and fifth place finishers, in any order, in three
consecutive races that are designed as pick 1-2-3-4-5 races to qualify for a payout. There
will be no monetary award for the winning combination for winning the first pick 1-2-3-4-5
race or any combination of eleven or less qualifiers in each of the three races.
b. The service provider must obtain written approval from the commission concerning the
scheduling of the pick 1-2-3-4-5 contests, the designation of qualifying races and the cap
to be set on the carryover. Any changes to the pick 1-2-3-4-5 wager format require prior
approval from the commission.
c. The pick 1-2-3-4-5 pool and carryover, if any, shall be distributed as a single price pool to
those who selected the first five finishers in three races or a decreasing scale of qualifiers
fifteen of fifteen, fourteen of fifteen, thirteen of fifteen, or twelve of fifteen in the following
payout method:
(1) Fifty percent of net pool and accumulated jackpot divided between players selecting
fifteen of fifteen.
(2) Thirty percent of net pool divided between players selecting fourteen of fifteen.
(3) Fifteen percent of net pool divided between players selecting thirteen of fifteen.
(4) Five percent of net pool divided between players selecting twelve of fifteen.
(5) If there are no winning wagers for the fifteen of fifteen winners, then fifty percent of
the net pool carryover will be added to the next pick 1-2-3-4-5 race in the race meet
schedule.
(6) If there are no winning wagers for the fourteen of fifteen winners, then thirty percent
of the net pool carryover will be added to the next pick 1-2-3-4-5 race in the race
meet schedule.
(7) If there are no winning wagers for the thirteen of fifteen winners, then fifteen percent
of the net pool carryover will be added to the next pick 1-2-3-4-5 race in the race
meet schedule.
(8) If there are no winning wagers for the twelve of fifteen winners, then five percent of
the net pool carryover will be added to the next pick 1-2-3-4-5 race in the race meet
schedule.
d. Dead heats. In the event of a dead heat in any of the position pick 1-2-3-4-5 contests
based upon the official order of finish for the purposes of determining whether a wager
correctly selected the finishers in exact position, contestants in a dead heat are deemed
to jointly occupy both or all positions in the dead heat. For example, if five and six finish
in a dead heat for first, then a selection of five for either first or second is correct and a
selection of six for either first or second is also correct.
e. Scratches.
(1) If, due to a late scratch, the pick 1-2-3-4-5 pool is reduced to fewer than six
contestants, for the purposes of the pick 1-2-3-4-5 pool only, such contests shall be
declared no contest and the pick 1-2-3-4-5 pool shall be declared a canceled
contest.

(2) Should a betting interest in any contest of the pick 1-2-3-4-5 pool be scratched or
excused from the contest, no more wagers shall be accepted selecting that
scratched contestant.
(3) Scratch contestant losers:
(a) The scratch contestant is deemed to be a loser, for the purposes of the pick
(b) Other correctly selected finishers in the pick 1-2-3-4-5 shall continue to count
toward winning, as usual.
f. Canceled contests.
(1) If any of the pick 1-2-3-4-5 contests are canceled or declared no contest prior to the
first pick 1-2-3-4-5 contest being declared official, the entire pick 1-2-3-4-5 pool shall
be refunded on the pick 1-2-3-4-5 wagers for those contests.
(2) If all remaining pick 1-2-3-4-5 contests are canceled or declared no contest after the
first pick 1-2-3-4-5 contest is declared official, the entire net pick 1-2-3-4-5 pool, but
not the pick 1-2-3-4-5 carryover, shall be distributed as a single price pool to wagers
selecting the winning combination in the first pick 1-2-3-4-5 contest. However, if
there are no wagers selecting the winning combination in the first pick 1-2-3-4-5
contest, the entire pick 1-2-3-4-5 pool shall be refunded on pick 1-2-3-4-5 wagers
for those contests.
g. Mandatory distribution. The service provider must submit a written request for permission
to distribute the pick 1-2-3-4-5 carryover on a specific performance to the commission.
The request shall contain justification for the mandatory distribution, an explanation of the
benefit to be derived, and the intended date and performance for the distribution. The
service provider must notify the commission at least ten days prior to implementation. If
the pick 1-2-3-4-5 pool cannot be distributed during a designated performance, the
mandatory distribution shall resume on the next approved mandatory distribution
performances.
h. Coupled entries and mutuel fields. Coupled entries and mutuel fields are not permitted in
pick 1-2-3-4-5 contests.
5. 123racing Pick-n Wager©.
a. The 123racing Pick-n Wager is a separate pari-mutuel pool wager established by the
association or licensee on a designated number of races. The gross pool consists of the
total amount wagered for the multiple race bet. Winning wagers are determined by the
highest points totals earned after all rounds have been completed, based on cumulative
mythical two dollar win, place, show wagers (a fantasy two dollar across the board
wager), on one betting interest per wagering race. It is not a parlay and has no
connection with or relation to other pools conducted by the association or licensee other
than the utilization of live race payouts as a means of calculating players' fantasy points.
b. A valid 123racing Pick-n Wager ticket shall be evidence of a binding contract between the
holder of the ticket and the association or licensee, and shall constitute an acceptance of
123racing Pick-n Wager provisions and rules contained in this chapter.
c. A licensee may establish a minimum and maximum number of entries per tournament. If
the minimum number of entries are not received, the licensee may cancel and refund all
wagers in that tournament. The minimum entries for each tournament must be published
in advance of the opening of the tournament.

d. A licensee may limit the number of entries per player. The maximum entries per player for
each tournament must be published in advance of the opening of the tournament.
e. A 123racing bet may not be retracted once it has been purchased.
f. A 123racing Pick-n Wager may be given a distinctive name by the association conducting
the meeting or licensee, subject to commission approval, and existing license,
copyrights, and patents.
g. 123racing Pick-n Wagers shall be conducted as follows:
(1) Each player wagers into the gross pool and selects one betting interest per
wagering race.
(2) The number of races that complete the wager varies depending on the specifics of
"tournament", as determined by the host racing association or licensee, but shall
include no less than four races.
(3) Each round of the "tournament" consists of a mythical win, place, show wager on
one betting interest per race.
(4) Official program numbers must be used for all wagers. All players are responsible
for ensuring each wager is placed correctly.
(5) Live race payouts are used to calculate players' fantasy points totals.
(6) As part of the announced tournament rules, and as approved by the commission,
the host racing association or licensee may opt to cap the maximum odds on all
fantasy payouts.
(7) Each player's fantasy points will be reflected in their cumulative fantasy points totals
at the end of each race.
(8) Following a race being declared "official", the actual pari-mutuel pool payout for a
fantasy across-the-board wager will be translated to points and added to a player's
cumulative fantasy points totals. The host racing association or licensee may
specify a maximum number of points that can be accumulated by any one wager
per contest race subject to commission approval.
(9) Of the bettors, the players with the highest fantasy points totals after the last leg are
the "winners".
(10) A portion of the net pari-mutuel pool as determined in advance of the contest by the
host racing association or licensee and approved by the commission, designated
the "major net pool" is distributed in accordance with subdivision i.
(11) In addition to the major net pool, a host racing association or licensee may
designate in advance of the contest and as approved by the commission a portion
of the net pari-mutuel pool for carryover as follows:
(a) A "perfect pick carryover pool" is carried over to subsequent contests until a
bettor successfully selects the winning runners of all designated contests in the
current contest, in which case the perfect pick carryover pool will be equally
divided between the bettors successfully selecting every winning runner.
(b) A "place carryover pool" is carried over to subsequent contests until a bettor
successfully selects runners finishing first or second in all designated contests
in the current contest, in which case the place carryover pool will be equally

divided between the bettors successfully selecting runners finishing first or
second in all designated contests.
(c) A "show carryover pool" is carried over to subsequent contests until a bettor
successfully selects runners finishing first, second, or third in all designated
contests in the current contest, in which case the show carryover pool will be
divided between the bettors successfully selecting runners finishing first,
second, or third in all designated contests.
(d) A host racing association or licensee may designate a contest on which a
perfect pick carryover pool, place carryover pool, or show carryover pool is
terminated and fully distributed to the best performing bettor or bettors in that
contest.
h. A fantasy wager on a coupled entry or field is considered a wager on the remaining part
of the coupled entry or field as determined by the rules of the live corresponding race.
i. If a selection in any race designates a betting interest that was scratched, excused, or
determined by the stewards to be a nonstarter in the race, the fantasy wager will be on
the tote favorite in that race.
j. Points for dead heats will be determined by the payouts of the live corresponding race.
k. The takeout and its distribution for the 123racing Pick-n Wager shall be set and approved
by the host regulatory commission, but shall include the distribution of the negotiated
proprietary fee.
l. All tickets shall be refunded if all races comprising the 123racing Pick-n Wager are
canceled or declared as a no contest. The entire pool shall be refunded if less than four
races are completed and if four or more races are completed the net pool shall be
distributed pursuant to subdivision l.
m. After wagering closes on the first race comprising the 123racing Pick-n Wager, the
tournament shall be deemed closed and no entry ticket shall be sold, exchanged, or
canceled. No person shall be determined to hold a wining 123racing Pick-n Wager ticket
until the last designated race has been declared official.
n. In accordance with the following provisions, the host racing association or licensee shall
distribute the net pool to the holders of valid tickets that correctly selected the
combination of first-place, second-place, and third-place place finishers that generated
the top three highest points totals through the designated races or rounds comprising the
123racing Pick-n Wager as follows, unless otherwise approved by the host racing
commission:
(1) Sixty percent of the net amount in the pari-mutuel pool subject to distribution among
winning ticket holders shall be distributed to the holder of the pari-mutuel ticket with
the wager which has the highest fantasy points totals after all races have been
completed.
(2) Thirty percent of the net amount in the pari-mutuel pool subject to distribution
among winning ticket holders shall be distributed to the holder of the pari-mutuel
ticket with the wager which has the second-highest points totals after all races have
been completed.
(3) Ten percent of the net amount in the pari-mutuel pool subject to distribution among
winning ticket holders shall be distributed to the holder of the pari-mutuel ticket with

the wager which has the third-highest points totals after all races have been
completed.
(4) If there are two pari-mutuel wagers that equal the highest points totals after all races
have been completed, ninety percent of the net amount in the pari-mutuel pool
subject to distribution shall be distributed to those ticket holders. Ten percent of the
net amount in the pari-mutuel pool subject to distribution among winning ticket
holders shall be distributed to the holders of pari-mutuel tickets with wagers which
have the third-highest points totals after all races have been completed.
(5) If there are three pari-mutuel wagers that equal the highest points totals after all
races have been completed, one hundred percent of the net amount in the
pari-mutuel pool subject to distribution shall be distributed to those ticket holders.
(6) If one pari-mutuel ticket wager scores the highest points totals, and two or more
pari-mutuel tickets wagers equal the second-highest points totals after all races
have been completed, sixty percent of the net amount in the pari-mutuel pool
subject to distribution shall be distributed to the highest-scoring ticket holder, and
forty percent of the net amount in the pari-mutuel pool subject to distribution among
winning ticket holders shall be distributed to the holders of pari-mutuel tickets which
have the second-highest points totals after all races have been completed.
(7) If one pari-mutuel ticket wager scores the highest points totals, one pari-mutuel
ticket wager scores the second-highest points totals, and two or more pari-mutuel
ticket wagers score the third-highest points totals after all races have been
completed, then sixty percent of the net amount in the pari-mutuel pool subject to
distribution shall be distributed to the highest-scoring ticket holder, thirty percent of
the net amount in the pari-mutuel pool subject to distribution among winning ticket
holders shall be distributed to the second-highest scoring ticket holder, and ten
percent of the net amount in the pari-mutuel pool subject to distribution among
winning ticket holders shall be distributed to the holders of pari-mutuel tickets which
have the third-highest points totals.
o. Should circumstances occur which are not addressed by these rules, questions arising
thereby shall be resolved in accordance with general pari-mutuel practice. Decisions
regarding distribution of the 123racing Pick-n Wager pool made by the commission are
final.
6. Tote-X win.
a. The Tote-X wagering platform uses a conventional pari-mutuel betting system and a
separate pari-mutuel pool to allow ticket holders to wager among themselves on the
results of individual races. However, at the time the bet is placed on a selected race
through the Tote-X platform, the customer is allocated a fixed number of redeemable
units ("RUs") based upon the then-current odds of the horse being wagered upon using
proprietary algorithms. The algorithms are applied uniformly to all wagers in the pool.
These RUs are then held within the Tote-X platform specific to that bettor. When the odds
of the horses in that race change after the initial wager is placed, the value of the issued
RUs fluctuates in accordance with the change in odds. The customer may then choose to
redeem all or part of their RUs for the current cash value of the RUs at any time prior to
the close of wagering on the selected race. The Tote-X platform calculates the final pool
by combining all bets made into the Tote-X win pool on a given event and then deducting
commission, refunds, redemption payouts, and applicable taxes and fees.
b. For each Tote-X win pool:

(1) All bets are placed into the Tote-X win pool for a specific race.
(2) A valid Tote-X ticket or unique electronic identifier shall be evidence of a binding
contract between the holder of the ticket and the host racing association or licensee,
and shall constitute an acceptance of Tote-X provisions and rules contained in this
chapter.
(3) Official program numbers must be used for all Tote-X wagers. All players are
responsible for ensuring each wager is placed correctly.
(4) The odds calculations for Tote-X are performed on the same basis as for a
conventional pari-mutuel pool. In the Tote-X platform, the proprietary mathematical
algorithms will then automatically recalculate the RU values for each horse after
each transaction or batch of transactions (bet or redemption), reflecting the change
in the current Tote-X pool odds.
(5) The Tote-X proprietary algorithms shall be applied uniformly to all wagers in the
pool.
(6) As approved by the commission, the host racing association or licensee may opt to
cap the maximum odds on all Tote-X payouts.
(7) A Tote-X wager on a coupled entry or field is considered a wager on the remaining
part of the coupled entry or field as determined by the rules of the live
corresponding race.
(8) The customer may choose to redeem all or part of their RUs for their then-current
value at any time prior to the close of the relevant pool if a horse or combination of
horses has not been excused by the stewards or declared a nonstarter and the pool
operator has not otherwise suspended the capacity for ticket holders to redeem their
wagers.
(9) A Tote-X wager may not be rescinded once it has been purchased other than
through proper redemption of RUs in accordance with these rules.
(10) A redemption requires the customer to surrender all or part of the underlying wager.
In the event of a redemption of all RUs issued for a specific wager, the original
wager shall be surrendered in its entirety. In the event of a partial redemption of the
RUs issued for a specific wager, the original wager will be surrendered in proportion
to the percentage of RUs being redeemed;
(11) Subsequent to the deduction from the pool of each redemption payout, the
remainder of the funds in the pool shall constitute the new value of all RUs which
are available for subsequent redemptions. Thereafter, those RUs which are not
redeemed prior to the closure of the pool constitute the net pool for distribution as
payoff to ticket holders of wagers following a race being declared "official".
(12) Once the Tote-X win pool is closed prior to the race, ticket holders may no longer
redeem any of their RUs.
(13) Each customer holding a successful bet after the race is declared "official" is entitled
to collect according to the relevant final odds.
(14) From each redemption and final pool payout a commission shall be deducted by the
host racing association or licensee in accordance with state law.

(15) The commission and its distribution for the Tote-X wager shall be approved by the
commission.
c. Notwithstanding any language to the contrary, the funds remaining in the Tote-X win pool
following the payment of redemptions prior to the closure of the pool constitute the net
pool for the purpose of distribution as payoff to winning ticket holders.
d. Any funds remaining after the closing of the Tote-X win pool will be distributed as payoff
to the winning ticket holders in the same manner as a win pool pursuant to subsection 2.
e. Notwithstanding subsection 20 or any language to the contrary contained in this chapter,
if, after wagering has commenced on a race, a horse not coupled with another as a
betting interest is excused by the stewards or declared a nonstarter, an amount based on
the then-current odds as represented by the current value of the RUs on such horse shall
be deducted from the pools and refunded upon presentation and surrender of affected
pari-mutuel tickets or unique electronic identifier. If more than one horse represents a
single betting interest by reason of coupling as a mutuel entry or mutuel field, such single
betting interest being the sole subject of a wager, then there may be no refund unless all
of the horses representing such single betting interest as excused by the stewards or
declared a nonstarter, or both.
f. Notwithstanding subsection 21 or any language to the contrary contained in this chapter,
if, after wagering has commenced on a race, the race is thereafter canceled or declared
a "no race" by the stewards, and no redemptions have occurred prior to such, then all
wagering thereon shall be refunded upon presentation and surrender of affected
pari-mutuel tickets or unique electronic identifier. However, if one or more redemptions
have occurred prior to the stewards canceling or declaring a "no race", then all wagering
thereon shall be refunded at the then-current odds, as represented by the current value
of the RUs, at the time of cancellation upon presentation and surrender of affected
pari-mutuel tickets or unique electronic identifier.
g. Notwithstanding subsection 22 or any language to the contrary contained in this chapter,
in the event of an irreparable breakdown of the totalizator system during the wagering on
a race, all Tote-X wagering thereon shall be refunded at the then-current odds, as
represented by the current value of the RUs, at the time of irreparable breakdown upon
presentation and surrender of affected pari-mutuel tickets or unique electronic identifier.
h. Notwithstanding section 69.5-01-08-05 or any language to the contrary contained in this
chapter, there is no minimum payoff for a Tote-X redemption. However, any distribution
made after closing of the Tote-X win pool shall be subject to the minimum payoff
provisions of section 69.5-01-08-05.
i. Should circumstances occur which are not addressed by these rules, questions arising
therefrom shall be resolved in accordance with general pari-mutuel practice. Decisions
regarding distribution of the Tote-X pool made by the stewards are final.
7. Tournament wager.
a. The tournament wager is a separate pari-mutuel pool wager established by the licensee
on a designated number of races. The gross pool consists of the total amount wagered
for the multiple race bet. Winning wagers are determined by the highest points totals
earned after all races have been completed. It is not a parlay and has no connection with
or relation to other pools conducted by the licensee other than the utilization of live race
payouts as a means of calculating players' points.

b. A valid tournament wager ticket is evidence of a binding contract between the holder of
the ticket and the association, and constitutes an acceptance of tournament wager
provisions and rules contained in this chapter.
c. A tournament wager ticket may not be retracted within two hours of post time except in
accordance with previously published rules. A tournament wager ticket may be canceled
only with the approval of the licensee.
d. A licensee may establish a minimum and maximum number of entries per tournament. If
the minimum number of entries are not received, the licensee may cancel and refund all
wagers in that tournament. The minimum entries for each tournament must be published
in advance of the opening of the tournament.
e. A licensee may limit the number of entries per player. The maximum entries per player for
each tournament must be published in advance of the opening of the tournament.
f. A tournament wager may be given a distinctive name by the licensee, subject to
commission approval.
g. Tournament wagers must be conducted as follows:
(1) Mythical win/place and win/place/show tournament:
(a) Players select one or more primary betting interests for each designated
tournament race in accordance with published tournament rules.
(b) Players may select an alternate betting interests in accordance with published
tournament rules. If there is a scratch of the player's primary selection, the
alternate will be substituted. If there is also a scratch of the player's alternate
selection, or if no alternate selection has been made, the selection will default
to the remaining betting interest with the best post time odds as determined by
win pool odds.
(c) Players accrue earnings based on the actual pari-mutuel win, place, or show
payouts for any correct selections, determined from tote payouts, based on a
mythical win/place or win/place/show wager of a dollar value established by the
licensee in advance of the contest. The licensee may establish maximum
mythical earnings in advance of the opening of the contest. As an example, for
a two-dollar win/place/show tournament, the maximum payout may be
forty-two dollars for a successful win selection, twenty-two dollars for a
successful place selection, and twelve dollars for a successful show selection.
(d) Should there be a tie in earnings in the contest, ties will be broken in
accordance with the following procedures:
[1] The entry with the most number of winners selected will win the tie, if a tie
still remains, then;
[2] The entry selecting the horse with the highest mutuel win payout will win
the tie, if a tie still remains, then;
[3] The entry with the most number of place horses selected will win the tie, if
a tie still remains, then;
[4] The entry with the highest mutuel place payout will win the tie, if a tie still
remains, then;

[5] The entry with the most number of show (third place finishers that did not
win or place) horses selected will win the tie, if a tie still remains, then;
and
[6] The winning entry will be determined by a random draw among eligible
entries.
(e) A licensee may provide qualification for future or online tournaments for the
entry based on their final ranking, including any tie breakers. Such an offering
must be included in the tournament rules published in advance of the opening
of the tournament.
(f) Pari-mutuel distributions are made at the conclusion of the tournaments that
are based on the pari-mutuel distribution schedule published by the licensee in
advance of the opening of the tournament.
(2) Survivor tournament:
(a) Players select one primary betting interest for each designated tournament
race. Players remain in the tournament if the player's betting interest finishes in
a win, place, or show position. A player may remain in a tournament if the
player's betting interest finishes in third position where show wagering has
been canceled by the track if provided by published tournament rules. Players
whose betting interest does not finish win, place, or show must be eliminated
from the tournament. If no players select a betting interest finishing win, place,
or show in a designated tournament race, the licensee may continue the
tournament to the next race with all then remaining players if provided by
published tournament rules.
(b) Players may select an alternate betting interest. If there is a scratch of the
player's primary selection, the alternate will be substituted. If there is also a
scratch of the player's alternate selection, or if no alternate selection has been
made, the selection will default to the remaining betting interest with the best
post time odds as determined by win pool odds.
(c) Players earn one point per correct selection of a betting interest finishing in a
win, place, or show position as determined by existence of a pari-mutuel
payout for that position.
(d) If the size of the field or other circumstances produce only win/place or only
win payouts, only those horses will be considered to be correct selections for
the purposes of scoring.
(e) In the discretion of the licensee, tiebreakers may be applied in survivor
tournaments pursuant to the terms published in advance of the opening of the
tournament.
(f) Pari-mutuel distributions are made at the conclusion of the tournaments that
are based on the pari-mutuel distribution schedule published by the licensee in
advance of the opening of the contest.
(3) Exacta box tournament:
(a) Players select three primary betting interests for each designated tournament
race.

(b) Players may select an alternate betting interest for each of their three primary
selections. If there is a scratch of the player's primary selection, the alternate
will be substituted. If there is also a scratch of the player's alternate selection,
or if no alternate selection has been made, the selection will default to the
remaining betting interest with the best post time odds as determined by win
pool odds.
(c) Players accrue earnings based on the actual pari-mutuel exacta payout for any
correct selections regardless of order, determined from tote payouts, based on
a mythical exacta wager of a dollar value established by the licensee in
advance of the contest. The licensee may establish maximum mythical
earnings in advance of the opening of the contest.
(d) In the discretion of the licensee, tiebreakers may be applied in exacta box
tournaments pursuant to the terms published in advance of the opening of the
tournament.
(e) Pari-mutuel distributions are made at the conclusion of the tournaments that
are based on the pari-mutuel distribution schedule published by the licensee in
advance of the opening of the contest.
h. A fantasy wager on a coupled entry or field is considered a wager on the remaining part
of the coupled entry or field as determined by the rules of the live corresponding race.
i. Earnings or points for dead heats will be determined by the payouts of the live
corresponding race.
j. The takeout and its distribution for the tournament wager shall be set and approved by
the host regulatory commission.
k. All tickets must be refunded if all races comprising the tournament wager are canceled or
declared as a no contest. The entire pool must be refunded if less than seventy percent
of the tournament's designated races remain.
l. After wagering closes on the first race comprising the tournament wager, the tournament
is deemed closed and no entry ticket may be sold, exchanged, or canceled. No person
shall be determined to hold a winning tournament wager ticket until the last designated
race has been declared official.
m. The licensee shall distribute the net pool to the holders of valid tickets that correctly
selected the combination of finishers that generated the highest fantasy earnings or
points totals through the designated races/rounds comprising the tournament wager. In
advance of the opening of the tournament, the licensee shall submit a payout schedule to
the racing commission for approval providing the number of places to be paid and the
percentage of payout for each place. Approved payout schedules must be published in
advance of the opening of the tournament to which they apply.
n. Should circumstances occur which are not addressed by these rules, questions arising
thereby must be resolved in accordance with general pari-mutuel practice. Decisions
regarding distribution of the tournament wager pool made by the commission are final.
8. Refunds. Unless otherwise provided, after wagering has commenced, if a horse not coupled
with another as a betting interest is excused by the stewards or is prevented from racing
because of failure of the starting gate door to open properly, the wagers on such horse must
be deducted from the pools, and refunded upon presentation and surrender thereof. If more
than one horse represents a single betting interest by reason of coupling as a mutuel entry or
mutuel field, such single betting interest being the sole subject of a wager or part of a

combination then there may be no refund unless all of the horses representing such single
betting interest are excused by the stewards or are prevented from racing because of failure
of the starting gate doors to open properly, or both.
9. Race canceled. If for any reason a race is canceled or declared "no race" by the stewards
after wagering has commenced on such race, then all wagering thereon must be refunded
upon presentation and surrender of pari-mutuel tickets thereon; except as otherwise provided.
10. Totalizator breakdown. In the event of an irreparable breakdown of the totalizator during the
wagering on a race, the wagering on that race must be declared closed and the payoff must
be computed on the sums wagered in each pool up to the time of the breakdown. If the odds
can be displayed and communicated publicly, betting may continue.
History: Effective July 1, 1989; amended effective January 1, 2008; July 1, 2011; October 1, 2013;
July 1, 2014; April 1, 2016; January 1, 2017; October 1, 2018; October 1, 2022.
General Authority: NDCC 53-06.2-05
Law Implemented: NDCC 53-06.2-06, 53-06.2-10, 53-06.2-10.1, 53-06.2-11
### § 69.5-01-08-05. Minimum wager and payoff.

The minimum wager to be accepted by any licensed association is one dollar except multiple
contribution wagers may be accepted at ten cents. The minimum payoff on a two dollar wager must be
two dollars and ten cents.
History: Effective July 1, 1989; amended effective January 1, 2008.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-06. Minors prohibited from wagering.

No minor may be permitted by any licensed association to purchase a pari-mutuel ticket or be
present in the immediate wagering areas.
History: Effective July 1, 1989; amended effective January 1, 2008.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-07. Odds or payoffs posted.

Approximate odds, based on win pool betting for finishing first for each betting interest, must be
posted on one or more boards or television screens within view of the wagering public, at intervals of
not more than ninety seconds. If daily double wagering is conducted before off time of the second daily
double race, the possible payoff for each two dollar daily double wager combining the winner of the first
daily double race with every horse or betting interest in the second daily double race; excepting that, in
the event of a dead heat for first in the first daily double race, or a scheduled start in the second daily
double race, is excused so as to cause a consolation daily double pool, then posting of all possible
payoffs is not mandatory, but the association shall make every effort to compute such daily double
prices and advise the public of the same by posting or public address announcement as soon as
possible and prior to the running of the second daily double race.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11

### § 69.5-01-08-08. Betting explanation.

Each association shall publish in the daily race program a general explanation of pari-mutuel
betting and an explanation of each type of betting pool offered; such explanation also must be posted in
conspicuous places about the association grounds so as to adequately inform the public. Such
explanation must be submitted to the commission prior to publication so as to ensure an absence of
conflict with these rules.
History: Effective July 1, 1989; amended effective January 1, 2008; October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-09. Prior approval required for betting pools.

Each association desiring to conduct other than ten betting races in a single day, or desiring to offer
daily double, trifecta, exacta, or quinella wagering, shall first apply therefore in writing to the
commission and obtain specific approval as to number of betting races and type of wagering to be
offered on a single day.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-10. Pools dependent upon betting interests.

Unless the commission otherwise provides, at the time the pools are opened for wagering, the
association:
1. Shall offer win wagering on all contests with three or more betting interests.
2. May offer win wagering on all contests with two or more betting interests.
3. Shall offer place wagering on all contests with four or more betting interests.
4. Shall offer show wagering on all contests with five or more betting interests.
5. May offer quinella wagering on all contests with three or more betting interests.
6. May offer quinella double wagering on all contests with three or more betting interests.
7. May offer exacta wagering on all contest with two or more betting interests.
8. May offer trifecta wagering on all contests with three or more betting interests.
9. May offer superfecta wagering on all contests with four or more betting interests.
10. May offer twin quinella wagering on all contests with three or more betting interests.
11. May offer show quinella wagering on all contests with three or more betting interests.
12. Shall not offer twin trifecta, tri-superfecta, or twin trifecta wagering on any contests with six or
less betting interests.
History: Effective July 1, 1989; amended effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11

### § 69.5-01-08-11. Pari-mutuel ticket sales.

1. No pari-mutuel tickets may be sold except by the association conducting the races on which
such wagers are made or a licensee who is hosting pools. Association tickets must be sold
only at regular "seller" windows properly designated by signs showing the type and
denomination of tickets to be sold at such windows if there are restrictions of any kind. No
pari-mutuel tickets may be sold after the totalizator has been locked and no association is
responsible for ticket sales entered into but not completed by issuance of a ticket before the
totalizator has been locked.
2. Any claim by a person that the person has been issued a ticket other than that which the
person requested must be made before such person leaves the seller window and before the
totalizator is locked.
3. After purchasing a ticket and after leaving a ticket window, a person is not entitled to enter for
issuance of an incorrect ticket, or claim refund or payment for tickets discarded, lost,
destroyed, or mutilated beyond identification.
4. Payment on valid pari-mutuel tickets may be made only upon presentation and surrender
thereof to the association where such wager was made within ninety days following the
running of the race on which such wager was made. Failure to present any such ticket within
ninety days constitutes a waiver of the right to receive payment thereon. The balance of funds
not paid out constitutes the outs.
5. Payment of valid pari-mutuel tickets must be made on the basis of the order of finishes
purposely posted on the infield results board and declared "official" by the stewards; any
subsequent change in such order of finish or award of purse money as may result from a
subsequent ruling by the stewards or commission in no way affects the pari-mutuel payoff.
Cashiers' windows must remain open a reasonable length of time after the last race.
6. The association is responsible for the correctness of all payoff prices posted as "official" on
the infield results board. If an error is made in posting the payoff figures on the public board,
and ascertained before any tickets are cashed thereon, then such posting error may be
corrected accompanied by a public address announcement, and only the correct amounts
may be used in the payoff, irrespective of the initial error on the public board.
7. Prior to posting payoffs, the pari-mutuel manager shall require each of the computer printout
sheets of such race to be proven and the winners verified. Such proof must show the amounts
for commissions, breakage, and payoffs, which added together must equal the total pool. All
pay slips are to be checked with computer printout sheets as to winner and prices before
being issued to cashiers, and all board prices are to be rechecked before released to the
public.
8. Whenever the recapitulation of the sales registered by each ticket issuing machine
subsequently proves that the actual amount in the pool, or pools, is less than the amount used
in calculating the payoff, such deficiency must be deposited in the pool or pools by the
association. Should the recapitulation of sales prove that the actual amount in the pool or
pools is greater than the amount used in calculating the payoff due to an error of the
totalizator, such error resulting in underpayment to the public, then the aggregate of such
underpayments must be paid into the corresponding pool of the next race or races in such
amounts as may be determined by the state steward and the pari-mutuel manager. If any such
error should occur in computing the daily double pool, the underpayment must be added to
the daily double pool of the following day. Overpayments and underpayments subsequently
discovered upon recapitulation after the close of a meeting may be adjusted, and any
underpayment resulting from such final adjustment must be paid to the commission.

History: Effective July 1, 1989; amended effective January 1, 2008; April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-12. Coupled entries and mutuel fields.

1. Contestants coupled in association wagering as a coupled entry or mutuel field are be
considered part of a single betting interest for the purpose of price calculations and distribution
of pools. Should any contestant in a coupled entry or mutuel field be officially withdrawn or
scratched, the remaining contestants in that coupled entry or mutuel field may remain valid
betting interests and no refunds will be granted; or the stewards may order a refund for the
entire betting interest. If all contestants within a coupled entry or mutuel field are scratched,
then tickets on such betting interests must be refunded, notwithstanding other provisions of
these rules.
2. For the purpose of price calculations only, coupled entries and mutuel fields must be
calculated as a single finisher, using the finishing position of the leading contestant in that
coupled entry or mutuel field to determine order of placing. The rule applies to all
circumstances, including situations involving a dead heat, except as otherwise provided by
these rules.
History: Effective July 1, 1989; amended effective January 1, 2008; April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-12.1. The pari-mutuel manager.

The association pari-mutuel manager:
1. Shall deliver to the commission at the end of each racing day, a record showing the amount
wagered in each pool, the commission and the breakage for each race, and the totals of each
for the day.
2. Shall be properly and timely advised by the racing secretary, prior to the beginning of
wagering on each race, on the horses that will compete in the race.
3. Is held responsible for the conduct of the mutuel's employees, but is not responsible for their
shorts or longs. Each seller or cashier shall be responsible to the pari-mutuel manager for
their shorts or longs. Such shorts or longs shall be a guide to the pari-mutuel managers as to
the conduct and character of the employees.
4. Shall employ only those licensed by the commission unless by special permission of the
commission.
5. Shall allow no one to enter the mutuel department other than those properly licensed and
whose employment requires their presence, except with the specific authorization of the
pari-mutuel manager or the commission.
6. Shall sign all license applications for employees of the pari-mutuel department.
7. Shall, upon discharging an employee or the resignation of an employee, immediately report
same to the commission. If a discharge or resignation is related to possible violations of racing
rules or state laws, or problems involving the handling or reconciliations of wagers, notice shall
be accompanied by a report to the commission concerning the reasons for the action.
8. Shall be responsible for the odds board and the information it reflects.

History: Effective January 1, 2008; amended effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-13. Emergency situations.

In the event any emergency arises in connection with the operation of the pari-mutuel department
not provided for by these rules, then the association pari-mutuel manager shall make an immediate
decision and render a full report to the commission.
History: Effective July 1, 1989; amended effective January 1, 2008; April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-14. Totalizator employees.

Any employee of a totalizator company shall report any irregularities or wrongdoings by any person
involving pari-mutuel wagering immediately to the commission.
History: Effective July 1, 1989; amended effective January 1, 2008.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-15. Breakage and outs.

1. Each licensee conducting a race meeting shall report to the commission the full amount of all
breakage and funds due the state of North Dakota as prescribed by law and these rules, and
shall remit such breakage and funds to the commission within thirty days after the race day on
which such breakage and funds shall occur or accrue.
2. Each licensee conducting a race meeting shall report to the commission and remit to the
commission the full amount of all outs (unclaimed winning tickets) within fifteen days after the
ninety-day waiting period as described in subsection 4 of section 69.5-01-08-11.
History: Effective July 1, 1989; amended effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-16. Pari-mutuel cash vouchers.

1. Pari-mutuel cash vouchers may be offered by an association that issues pari-mutuel tickets.
These vouchers shall be dispensed through the totalizator system. The stored value on a
voucher may be redeemed in the same manner as a value of a winning pari-mutuel ticket for
wagers placed at a pari-mutuel window or a self-service terminal, and may be redeemed for
their cash value at any time.
2. An association, with prior approval of the commission, may issue special pari-mutuel cash
vouchers as incentives or promotion prizes, and may restrict the use of those vouchers to the
purchase of pari-mutuel wagers.
3. The tote system transaction record for all pari-mutuel vouchers must include the voucher
identification number in subsequent pari-mutuel transactions. Pari-mutuel wagers made from a
voucher must identify the voucher by identification number.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11

### § 69.5-01-08-17. Display of betting information by associations.

1. An association shall post the approximate odds for win pool betting on display devices within
view of the wagering public and update at intervals of not more than sixty seconds for the
current race of the performance.
2. The probable payout or amounts wagered, in total and on each betting interest, for other pools
may be displayed to the wagering public at intervals and in a manner approved by the
commission.
3. Official results and payouts must be displayed upon each contest being declared official.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-18. Refunds for short fields.

1. Notwithstanding other provisions of these rules, refunds of the entire association pool must be
made on:
a. Win pools, exacta pools, and first-half double pools offered in contests in which the
number of betting interests has been reduced to fewer than two.
b. Place pools, quinella pools, trifecta pools, first-half quinella double pools, first-half twin
quinella pools, first-half twin trifecta pools, and first-half tri-superfecta pools offered in
contests in which the number of betting interests has been reduced to fewer than three.
c. Show pools, superfecta pools, and first-half twin superfecta pools offered in contests in
which the number of betting interests has been reduced to fewer than four.
2. Authorized refunds must be paid upon presentation and surrender of the affected pari-mutuel
ticket or automatically by a service provider or site operator in the case of account deposit
wagering.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-19. Prior approval required for betting pools.

1. An association that desires to offer new forms of wagering shall apply in writing to the
commission and receive written approval prior to implementing the new betting pool.
2. The association may suspend previously approved forms of wagering with the prior approval
of the commission. Any carryover must be held until the suspended form of wagering is
reinstated. An association may request approval of a form of wagering or separate wagering
pool for specific performances.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-20. Claims for payment from pari-mutuel pool.

1. At a designated location, a written, verified claim for payment from a pari-mutuel pool shall be
accepted by an association in any case where the association has withheld payment, not
placed a wager requested by a customer, or has refused to cash a pari-mutuel wager. The

association's full written report on the matter in accordance with requirements of section
commission within forty-eight hours of the commission's request.
2. In the case of a claim made for payment of a mutilated pari-mutuel ticket, the association shall
make a recommendation to accompany the claim forwarded to the commission as to whether
or not the mutilated ticket has sufficient elements to be positively identified as a winning ticket.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-21. Complaints pertaining to pari-mutuel operations.

1. When a patron makes a complaint regarding pari-mutuel operations a complaint report must
be issued upon commission request, setting out:
a. The name of the complainant;
b. The nature of the complaint;
c. The name of the persons, if any, against whom the complaint was made;
d. The date of the complaint; and
e. The action taken or proposed to be taken, if any.
2. Every complaint report must be submitted to the commission within forty-eight hours of
commission request.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
### § 69.5-01-08-22. Licensee duty to report.

All licensees shall report any known irregularities or wrong doings by any person involving pari-
mutuel wagering immediately to the commission and cooperate in subsequent investigations.
History: Effective April 1, 2016.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-10, 53-06.2-11
