(a) Claims on pari-mutuel tickets or vouchers presented for payment.
  (1) An association shall accept a claim for payment if the association has withheld payment or has refused to cash a pari-mutuel ticket or a voucher presented for payment. The claim for payment must be on a form prescribed by the association and approved by the executive secretary.
  (2) The original of the claim must be signed by the claimant and shall be promptly forwarded to the Commission.
  (3) The association shall make a recommendation to accompany the claim forwarded to the Commission. The recommendation must state whether or not the ticket or voucher can be positively identified as a winning ticket or voucher.
  (4) If a claim is made for the payment of a mutuel ticket or a voucher, the executive secretary shall investigate the claim and may:
    (A) order the association to pay the claim;
    (B) deny the claim; or
    (C) enter any other order the executive secretary determines appropriate.
(b) Claims on pari-mutuel tickets or vouchers that have been lost or destroyed.
  (1) An association may cash a lost or destroyed ticket voucher if the ticket or voucher has not been previously cashed and the claimant can:
    (A) demonstrate ownership via the use of the claimant's unique and personally identifiable player tracking account at the association where the transaction was made on the claimant's account; or
    (B) can provide the mutuel manager sufficient information whereby the transaction can be positively verified through wagering system logs.
  (2) If an association refuses to pay a claim for a lost or destroyed ticket or voucher, the claimant may file a claim for payment with the Commission. The claim for payment must be on a form prescribed by the association and approved by the executive secretary.
    (A) The original of the claim must be signed by the claimant, and shall be promptly forwarded to the Commission.
    (B) The association shall make a recommendation to accompany the claim forwarded to the Commission. The recommendation must state:
      (i) whether or not the ticket or voucher can be positively verified as a winning transaction;
      (ii) whether or not the ticket or voucher has been previously cashed, and date the ticket or voucher was cashed; and
      (iii) why the association refused to pay the claimant.
  (3) If a claim for payment is received by the executive secretary under paragraph (2) of this subsection, then the executive secretary shall investigate the claim and may:
    (A) order the association to pay the claim;
    (B) deny the claim; or
    (C) enter any other order the executive secretary determines appropriate.
(c) An association shall be responsible for maintaining records and logs to validate claims for payments in this section. Records and logs must be maintained for 365 days.

Source Note: The provisions of this §321.35 adopted to be effective April 1, 2001, 26 TexReg 2158; amended to be effective October 3, 2005, 30 TexReg 6262; amended to be effective October 23, 2011, 36 TexReg 6940; amended to be effective March 8, 2017, 42 TexReg 1025