(A) When data line transmission failure occurs which results in partial or no commingling with a host track, thus not permitting a manual merge, all associations shall pay host track parimutuel payouts for all applicable pools except for multiple race pools, superfecta pools and super high five pools and superfecta pools where there shall be a refund of all wagers. The associations shall immediately notify the commission in writing when a data line transmission failure occurs.
(B) All associations underpayments, due to the failure to commingle with a host track when paying host track parimutuel payouts, shall be deposited in a separate interest bearing escrow account. All accrued interest shall remain in the escrow account. The associations shall also be permitted to draw from their escrow account to cover all or part of an overpayment due to an inability to commingle. If the escrow account is not sufficient to cover said overpayment, the association shall be held liable for the overpayment. A full report of such actions shall be submitted to the executive director of the commission. Before the escrow account can be accessed the associations must have written approval from the executive director of the commission.
(C) If a surplus exists in the escrow account on December thirty first of any calendar year, it may be distributed by the commission to horse racing-related programs which include, but are not limited to, equine and drug testing research, special wagering formats and promotions.