811 KAR 2:015.
Commission; administrative staff.
RELATES TO: KRS
AUTHORITY: KRS Chapter 13A
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
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
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.
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.
Administrative Staff. The following positions and duties compose, with
secretary, the administrative staff of the commission:
steward and chief administrator, in overall supervision of all commission
matters pertaining to racing.
steward, responsible for all commission matters at the race meetings to which
he is assigned, and for such other duties as may be directed.
steward, who may be assigned by the commission to serve under the state steward
as they may direct.
director, responsible under the chief administrator for the administration of
relations director, responsible for the promotion of the Arabian, quarter horse
and appaloosa industry in Kentucky.
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.
responsible for the photographing of license applicants for whom same is
(4) Be bonded.
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
(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.
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.
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.
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.
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.
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.
and ascertain the truth of statements made on license applications.
possible infractions of racing rules at the request of the commission or
and cooperate with members of the track security police, state and local police
on all other investigations pertaining to racing in the Commonwealth.
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.
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.
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.)