Authority: IC 4-31-3-9

Affected: IC 4-31-5.5

Sec. 9. The commission may conditionally approve any and all simulcasting dates requested in the license application or requested by the license holder after a license is granted subject to receipt by the commission of the simulcasting schedule requested. In determining the conditional approval of the simulcasting dates, the factors to be considered by the commission shall include, without limitation, the following:

1. (1) The economic impact in the locality of the satellite facility.
2. (2) The effects that the simulcast races will have on purses, including purses to the breed of horse then currently racing live.
3. (3) The quality of horse racing to be simulcast.
4. (4) The impact of the approval on the horse racing and horse breeding industry in the state of Indiana.
5. (5) Past dates.
6. (6) Past performance of the license holder.
7. (7) Whether the license holder has complied with all applicable laws and rules relating to horse racing.
8. (8) Whether the approval will maximize revenues to the state.
9. (9) Whether the approval will adversely affect the public health, welfare, and safety.
10. (10) Any other indices relating to the approval of simulcasting dates and simulcasting contracts which the commission considers important or relevant to its determination.

(Indiana Horse Racing Commission; 71 IAC 12-1-9; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1217; emergency rule filed Mar 25, 1996, 10:15 a.m.: 19 IR 2087; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; readopted filed Nov 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA; readopted filed Aug 28, 2019, 1:23 p.m.: 20190925-IR-071190319RFA; readopted filed Aug 3, 2023, 12:49 p.m.: 20230830-IR- 071230428RFA)