09.10.06.09

.09 Changes in Application.

A. If information submitted by an applicant as part of a racetrack application changes or becomes inaccurate before the Commission acts on the application, the applicant shall immediately notify the Executive Director in writing of the change or inaccuracy.

B. After a racetrack application has been filed by an applicant, the applicant may not amend the application except:

(1) To address a deficiency in accordance with a notice sent under Regulation .08 of this chapter;

(2) As required by the Commission or the Commission staff for clarification of information contained in the application; or

(3) To address a change in the circumstances surrounding the application that was outside the control of the applicant and that affects the ability of the applicant to comply with the law or the regulations of the Commission.

C. To amend an application under §B(3) of this regulation, an applicant shall file with the Executive Director a written request to amend the application, stating:

(1) The change in the circumstances surrounding the application that necessitates the amendment;

(2) The nature of the amendment; and

(3) The reason why the amendment is necessary to bring the application into compliance with the law or the regulations of the Commission.

D. An applicant filing a request under §C of this regulation shall serve a copy of the request on any other applicant.

E. The Commission shall grant or deny each request filed under §C of this regulation.

F. A request shall be granted if the applicant demonstrates that:

(1) The circumstances requiring the amendment were outside the control of the applicant;

(2) Before the change in the circumstances surrounding the application, the application complied with the pertinent provisions of the law or the regulations of the Commission;

(3) The amendment is necessary to bring the application into compliance with the pertinent provisions of the law or the regulations of the Commission; and

(4) The amendment does not unfairly surprise another applicant.