(a) To receive approval to conduct pari-mutuel wagering on a simulcast import, an association must file a request for approval to import to the executive secretary on a form prescribed by the executive secretary. A request for approval to import a simulcast must be filed at least one day before the first simulcast race covered by the request.     
      (b) The executive secretary may approve a request for approval to import a simulcast, subject to rescission of the approval by the Commission at its next regular meeting.     
      (c) The executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the request.     
      (d) In considering whether or not to approve a request for approval to import a simulcast, the executive secretary shall consider:      
        (1) the financial stability of the association and the effect simulcasting will have on the economic viability of the association;       
        (2) the operating experience of the association;       
        (3) the regulatory compliance and conduct of the association;       
        (4) the impact of the association's proposed simulcasting on purses at the association's racetrack; and       
        (5) the public interest that will be served by the simulcasting.       
      (e) An association may not conduct pari-mutuel wagering on a simulcast import in place of a regularly scheduled live race, except as authorized by the executive secretary.     
      (f) For the purposes of this section, a simulcast import horse race can be a race of Thoroughbreds, Quarter Horses, Arabians, Paint Horses, Appaloosas, Standardbreds, or a mixture of the aforementioned breeds of horses.     
     Source Note:        The provisions of this §321.407 adopted to be effective April 1, 2001, 26 TexReg 2161; amended to be effective March 20, 2008, 33 TexReg 2311; amended to be effective December 8, 2011, 36 TexReg 8372