5:5-196 Rules, regulations, conditions.
7. a. The division, in consultation with the New Jersey Racing Commission, shall have full power to prescribe rules, regulations, and conditions under which fixed odds wagering may be conducted in this State, consistent with this act, including the manner in which fixed odds wagers may be accepted, the requirements for any person to participate in fixed odds wagering, and the reasonable approval of any and all agreements made pursuant to subsection c. of section 4 of this act, P.L.2021, c.193 (C.5:5-193).
b. The division shall have full power to prescribe rules, regulations, and conditions under which the fixed odds wagering license is issued or renewed in this State, including requiring an annual audit of a fixed odds wagering licensee's books and records pertaining to fixed odds wagering, requiring all hub facilities, servers, and technicians related to a fixed odds wagering operation by a licensee in this State be located in this State, and to revoke, suspend, or refuse to renew the license if in the opinion of the division the revocation of, suspension of, or refusal to renew such license is in the public interest; provided, however, that such rules, regulations, and conditions shall be uniform in their application.
c. The division shall have no right or power to determine who shall be officers, directors, or employees of any fixed odds wagering licensee, or the salaries thereof; provided, however, that the division may compel the discharge of any official or employee of the fixed odds wagering licensee or the fixed odds wagering system who: (1) fails or refuses for any reason to comply with the rules or regulations of the division; (2) fails or refuses for any reason to comply with any of the provisions of this act; (3) fails to establish by clear and convincing evidence in the opinion of the division good character, honesty, competency, and integrity; or (4) has been convicted of a crime involving fraud, dishonesty, or moral turpitude.
d. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), within 90 days of the effective date of P.L.2021, c.193, the director of the division shall adopt, immediately upon filing proper notice with the Office of Administrative Law, such temporary rules and regulations necessary to effectuate the purposes of this act. The rules and regulations so adopted shall be effective for a period not to exceed 18 months from the date of the filing. The rules and regulations shall thereafter be amended, adopted, or readopted by the director in accordance with the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2021, c.193, s.7.