1. (a) Except as otherwise provided by this regulation, if it becomes impossible to successfully merge a guest facility's wagers in the combined wagering pool, the simulcasting licensee may either order a refund of all monies wagered or calculate the pool as a separate pool to be distributed in accordance with the Kansas parimutuel racing act, including takeout. However, each pool containing a carryover feature or a type of wager not available in Kansas shall be refunded.

   1. (1) As soon as failure to merge is acknowledged, a parimutuel representative at the guest facility shall notify the simulcast coordinator.
   2. (2) The simulcast coordinator shall immediately make an announcement to the patrons via intercom or TV monitors, explaining the circumstances.
2. (b) Each simulcast licensee shall be required to advise patrons of its failure-to-merge policy by prominently displaying notice in the wagering areas, other special patron areas, and the official racing program.

3. (c) Each contract for combined wagering pools entered into by a simulcasting licensee shall contain a provision stating that the simulcasting licensee is not liable for any measures taken that could result in a guest facility's wagers not being accepted into a combined wagering pool formed by the licensee if either of the following occurs:

   1. (1) It becomes impossible to successfully merge the wagers placed in another state in the combined wagering pool formed by the simulcasting licensee.
   2. (2) The commission's or simulcasting licensee's representative determines that attempting to transfer pool data from the guest facility will endanger the simulcasting licensee's wagering pool.

(Authorized by K.S.A. 74-8804; implementing K.S.A. 74-8836; effective, T-112-4-27-92, April 27, 1992; effective, T-112-9-10-92, Sept. 10, 1992; effective Nov. 23, 1992; amended Sept. 6, 1994; amended Oct. 17, 2003.)