OAR 462-200-0305: Approval Criteria of the Commission for Authorizing Receiving Tracks

The Oregon Racing Commission will use the following criteria to approve Oregon tracks (race meet licensees) to receive out-of-state simulcast signals. (1) During Live Race Meet. The Oregon track must be conducting a live race meet during the time in which it is requesting to simulcast in the out-of-state races. The commission will use calendar weeks in determining if a race meet is being conducted by the track during the time that the simulcasting of out-of-state racing is being requested. (2) Consent. A race meet that wishes to simulcast in races from out-of-state must receive the consent from the organization which represents the majority of the persons who race animals at the meet. If in the opinion of the commission this consent is being unreasonably withheld the commission may waive this requirement. (3) Purses. An application for simulcasting must include a method for protecting purses at the live meet from the effects of simulcasting. Unless otherwise approved by the commission or a different agreement is reached pursuant to the consent requirement set out in section (2) of this rule, the commission will require that purses shall be paid as a percentage of total handle (live+simulcast). (4) Live Signals. A race meet authorized to simulcast must send its live signal to all off-track outlets. The off-track outlets must accept the signal of any Oregon track which simulcasts its live signal to the exclusion of any out-of-state signal. (5) Singularity of Importing Race Meets. The commission will not approve more than one Oregon race meet to import out-of-state signals during the same day(s). (6) Allocation of Simulcast Dates. On a date set during January of each year, the commission will accept and consider proposals to simulcast submitted by commercial race meets scheduled to begin during that calendar year. For race meets which have not yet received a license to run a live meet during that year, any authorization to simulcast will be subject to the receipt and approval of an application for a race meet license. In the event the commission receives more than one proposal to simulcast during the same period of time, preference will be given to the best overall proposal. Consideration will be given to all factors the commission deems relevant, including but not limited to: the number of live performances, history and financial strength of its principals and licensees, and the quality of the race meet facility.