NDAC 69.5-01-09-03
Administration of North Dakota breeders' fund program
Cite as N.D. Admin. Code ยง 69.5-01-09-03
1.
The North Dakota racing commission shall deduct one-half of one percent from each
pari-mutuel pool resulting from a licensed race meet or simulcast display for the purpose of
providing a North Dakota breeders' fund as provided for by North Dakota Century Code
section 53-06.2-11. All moneys held in the fund must be deposited with the North Dakota state
treasurer in accordance with North Dakota law. All moneys shall remain in the control of the
state treasurer until, upon action of the North Dakota racing commission, funds are transferred
to the breeders' fund account. The executive director of the racing commission is responsible
for the timely deposit of all revenue derived from the breeders' fund take-out and shall keep
accurate records of deposits and disbursements.
2.
The management procedures, rules, fee schedules, registration forms, publications, and all
other instruments necessary to the operation of the North Dakota breeders' fund program by
the official registering agency are subject to the review and approval of the commission. The
commission must be provided copies of the completed registration forms for all horses entered
in the North Dakota breeders' fund program, or the North Dakota stallion or broodmare
registry. The official registering agency shall provide the commission with a financial
accounting of the North Dakota breeders' fund program by an independent accountant within
ninety days of the end of the fiscal year. The costs of administering this program will be funded
by the North Dakota breeders' fund.
3.
The racing industry advisory committee shall be the officially recognized advisory body to the
North Dakota racing commission on all matters pertaining to the North Dakota breeders' fund
program. The actions of the racing industry advisory committee shall be advisory only and
shall not be binding upon the North Dakota racing commission. Establishment and
membership of the racing industry advisory committee as to number and representative
affiliation shall be at the discretion of the North Dakota racing commission.
4.
Any person who desires to contest the accuracy of the commission's records or accounting of
the North Dakota breeders' fund distribution in any one year shall file a written claim with the
commission prior to the end of the calendar year. The written claim must state the basis for the
claim.