811 KAR 2:015.

Commission; administrative staff.

 

      RELATES TO: KRS

230.610-230.770

      STATUTORY

AUTHORITY: KRS Chapter 13A

      NECESSITY,

FUNCTION, AND CONFORMITY: To regulate conditions under which Arabian, quarter

horse and appaloosa racing shall be conducted in Kentucky. The function of this

administrative regulation is to outline the positions and duties of the

commission.

 

      Section 1.

Statutory Powers of the Commission. (1) The commission shall be composed of

five (5) members, responsible as a body for the regulation of Arabian, quarter

horse and appaloosa racing in Kentucky, under the terms defined in KRS 230.410

to 230.447, and other statutes pertaining to Arabian, quarter horse and

appaloosa racing.

      (2) Individual

members of the commission may be assigned specific areas of responsibility;

and, with the consent of the commission, can act with full authority of the

commission in such areas.

 

      Section 2.

Commission Secretary. The secretary of the commission shall be appointed by the

Governor for a term not to exceed four (4) years. He shall possess the powers

and perform the duties imposed upon him by KRS 230.410 to 230.447, and shall

perform such other duties as the commission may direct.

 

      Section 3.

Administrative Staff. The following positions and duties compose, with

secretary, the administrative staff of the commission:

      (1) Senior

steward and chief administrator, in overall supervision of all commission

matters pertaining to racing.

      (2) State

steward, responsible for all commission matters at the race meetings to which

he is assigned, and for such other duties as may be directed.

      (3) Associate

steward, who may be assigned by the commission to serve under the state steward

as they may direct.

      (4) Executive

director, responsible under the chief administrator for the administration of

commission programs.

      (5) Public

relations director, responsible for the promotion of the Arabian, quarter horse

and appaloosa industry in Kentucky.

 

      Section 4.

Commission License Administrator. The commission may employ a person or persons

who shall be responsible for processing license applications of all persons,

other than associations, required to be licensed by 811 KAR 2:020 and

collecting fees therefor. All license applications received by the license

administrator shall be subject to approval by the licensing committee and the

commission. The licensing administrator and his assistants shall:

      (1) Be present

on association grounds prior to the opening of a race meeting to accept license

applications and shall maintain an office on association grounds to accept

license applications during such race meeting.

      (2) File daily

reports to the commission on license applications received with accountings of

fees received and forwarded to the commission.

      (3) Be

responsible for the photographing of license applicants for whom same is

required.

      (4) Be bonded.

 

      Section 5.

Commission Supervisor of Pari-mutuel Betting. (1) The commission shall employ a

supervisor with accounting experience who shall be responsible for ascertaining

whether the proper amounts have been paid from pari-mutuel pools to the betting

public, to the association, and to the Commonwealth, by checking, auditing, and

filing with the commission verified reports accounting for daily pari-mutuel

handle distribution and attendance for each preceding racing day and a final

report at the conclusion of each race meeting in the Commonwealth.

      (2) Such daily

reports to the commission shall show: for each race: number of horses started,

number of betting interests, total money wagered in each betting pool, and

refunds, if any, for each day. The sum of all betting pools, and total refunds

also, total pari-mutuel handle for the comparable racing day for the preceding

year, and cumulative total and daily average pari-mutuel handle for the race

meeting.

      (3) Such daily

reports also shall show: amount of state pari-mutuel tax due; taxable

admissions, tax exempt admissions, total admissions; temperature, weather and

track conditions; post time of first race; program purses, distance and

conditions of each race; any minus pools resulting with explanation.

      (4) The

commission supervisor of pari-mutuel betting shall submit to the commission on

or before thirty (30) days after the close of each race meeting a final

verified report giving in summary form a recapitulation of the daily reports

for each race meeting and such other information as the commission may require.

      (5) The

commission supervisor of pari-mutuel betting or his representative shall have

access to all association books, records, and pari-mutuel equipment for

checking accuracy of same.

 

      Section 6.

Commission Veterinarian. The commission shall employ a graduate veterinarian

licensed in Kentucky and experienced in equine medicine and practice. He shall

advise the commission and the stewards on all equine veterinary matters. The

commission veterinarian's prime responsibility shall be the supervision and

control of the detention area and for the collection of samples for the testing

of horses for prohibited medication as outlined in 811 KAR 2:095. The

commission may employ persons to assist the commission veterinarian in

maintaining the detention area and collecting specimens. The commission

veterinarian shall not treat or prescribe for any horse registered to race at

any race track where he is employed, except in case of emergency; nor shall he

buy or sell, for himself or another, any horse under his supervision; nor shall

he wager on a race under his supervision.

 

      Section 7.

Commission Chemist. (1) The commission is authorized to acquire, operate and

maintain or to provide by contract for the maintenance of a testing laboratory

and related facilities, for the purpose of performing such tests as the

commission may require. Such commission chemist shall be a graduate chemist experienced

in chemical testing techniques for conducting tests on urine, saliva, sweat,

blood and other specimens from Arabian, quarter horses or appaloosas delivered

to the commission chemist or his representative by the commission veterinarian.

      (2) The commission

chemist shall report to the state steward all substances he might find in his

tests which are not normal in the body of the horse as outlined in 811 KAR

2:095. His duties will be limited to these reports and need not include the

possible effects on the physiology of a horse.

 

      Section 8.

Commission Director of Security. The commission may employ an investigator

experienced in police work who shall advise the commission as to any person on

association grounds, or among license applicants, whose conduct or reputation

is such that such person's presence on association grounds may reflect on the

honesty and integrity of Arabian, quarter horse or appaloosa racing or

interfere with the orderly conduct of Arabian, quarter horse or appaloosa

racing. The commission director of security shall:

      (1) Maintain a

current file on persons against whom rulings have been issued in racing

jurisdictions and reported through the National Association of State Racing

Commissioners. Said file also shall contain reports as to ejections or

exclusions from association grounds in Kentucky and other racing jurisdictions.

      (2) Investigate

and ascertain the truth of statements made on license applications.

      (3) Investigate

possible infractions of racing rules at the request of the commission or

stewards.

      (4) Participate

and cooperate with members of the track security police, state and local police

on all other investigations pertaining to racing in the Commonwealth.

 

      Section 9.

Commission Inspector. The commission may employ a person or persons who shall

be responsible for ascertaining that all persons required to be licensed under

811 KAR 2:020 have same in their possession on association grounds, and for

conducting investigations on association grounds at the request of the stewards

or the director of security.

 

      Section 10.

Investigative Powers. To insure compliance with these rules or to investigate

possible infraction of these rules, the commission and its representatives

shall have free access to all offices, files, records, enclosures, barns, and

other facilities owned or possessed by associations. The commission and its

representatives shall have the power to conduct a reasonable search of the

person and property in the possession of licensed persons, such property being

restricted to that on association grounds and including, without limiting

thereby, tack rooms, living or sleeping quarters.

 

      Section 11.

Publication of Rule Changes. All rules adopted, revised, or repealed subsequent

to the publication of a rule book shall be signed by the secretary and

published by posting same with the effective date, in compliance with the

statutes, of such change on the bulletin board of the racing secretary's office

of each association, and by forwarding a copy of same to the National Association

of State Racing Commissioners, and to the Daily Racing Form for publication

therein. (Recodified from 812 KAR 1:015, 6-10-87.)