811 KAR 1:070. Licensing standardbred
racing.
RELATES TO: KRS 230.260, 230.280,
230.290, 230.300, 230.310, 230.320
STATUTORY AUTHORITY: KRS 230.215(2), 230.225,
230.240(2), 230.260, 230.290(2), 230.310(1)
NECESSITY, FUNCTION, AND CONFORMITY: 230.215(2) grants the
Kentucky Horse Racing Authority the authority to regulate conditions under
which standardbred racing shall be conducted in Kentucky. KRS 230.310(1)
authorizes the authority to establish licensing requirements for participation
in standardbred racing. EO 2009-535, effective June 12, 2009, established the
Kentucky Horse Racing Commission and transferred all functions of the Authority
to the commission. This administrative regulation establishes licensing procedures
and requirements for participation in standardbred racing.
Section 1. Definitions. (1)
"Person" means an
individual, proprietorship, firm, partnership, joint venture, joint stock
company, syndicate, business, trust, estate, company, corporation, association,
club, committee, organization, lessor, lessee, racing stable, farm name, or
other group of persons acting in concert.
(2)
"Restricted area" means a portion of
association grounds to which access is limited to licensees
whose occupation or participation requires access, and to those individuals
accompanying a licensee as permitted by the association.
Section 2. Persons Required
to be Licensed. (1) A person shall not participate in pari-mutuel racing under
the jurisdiction of the commission without a valid license issued by the commission
pursuant to KRS 230.310.
(2) An owner,
trainer, owner/trainer, driver, driver/trainer, owner/trainer/driver, and
owner/driver shall also have a valid license issued by the United States
Trotting Association, Standardbred Canada, or other appropriate international
harness racing governing agency in order to participate in pari-mutuel racing
in Kentucky.
(3) Categories of
licenses issued by the commission shall include:
(a) Racing
participants and personnel including: owner, trainer, owner/trainer, driver,
driver/trainer, owner/trainer/driver, veterinarian, owner/driver, matinee
driver, farrier, veterinary technologist or technician, veterinary assistant,
farm manager or agent, mutual clerk, vendor, occupational employee, stable
employee, equine therapist, and any employee listed in Section 6 of this
administrative regulation;
(b) Racing
officials;
(c) Persons
employed by the association, or employed by a person or concern contracting
with or approved by the association or commission to provide a service or
commodity associated with racing or racing patrons, with job duties which
require their presence anywhere on association grounds;
(d) Sole
proprietors, independent contractors, and all partners of a partnership
contracting with or approved by the association or commission to provide a
service or commodity on association grounds;
(e) Commission
employees with job duties which require their presence anywhere on association
grounds; and
(f) Commission
members.
(4) Lessors and lessees.
Any horse under lease shall race in the name of the lessee and a copy of the
lease shall be filed with the clerk of course. A horse shall not race under
lease without an eligibility certificate issued by the United States Trotting
Association, Standardbred Canada, or other appropriate international harness
racing governing agency in the name of the lessee. Both the lessee and lessor
shall be licensed by the commission prior to post.
(5) a person
working at a licensed racing association in the Commonwealth which provides
information concerning timed public qualifying races shall obtain a valid
license issued by the commission. The presiding judge or designee may refuse
entry or scratch any horse involving any person who, after requested to obtain
a valid license, fails to or is unable to obtain a license.
(6)(a) A person
required to be licensed shall submit:
1. A completed
written application on the form "Licensing Application", (KHRC 25-01
(03/10)) or the multi-jurisdictional license form pursuant to Section 8 of this
administrative regulation; and
2. The fee required
by Section 6 of this administrative regulation.
(b) A temporary
license may be obtained by an authorized representative of an owner in
accordance with Section 18 of this administrative regulation.
(c) A conditional
license may be issued by the commission or its designee upon submission of a
written application.
Section 3. General
License Application Requirements for all Applicants. (1) Any person required to
be licensed by Section 2 of this administrative regulation and desiring to
participate in standardbred racing in the Commonwealth may apply to the commission
for a license.
(2)(a) An
application may be submitted on or after November 1 of the calendar year
preceding the calendar year in which the license is to be in force.
(b) An application
shall be submitted no later than twenty-four (24) hours after an applicant has
arrived on association grounds, unless a temporary license is obtained in
accordance with Section 18 of this administrative regulation.
(c) The license
application shall be reviewed and the license issued by commission personnel.
(3) Information
provided on or with a license application shall be complete and correct.
Material misrepresentation by a license applicant or his or her agent shall
result in an immediate license suspension, revocation, refusal, or denial, or
imposition of a fine by the commission or the presiding judge.
(4)(a) An applicant
for licensing shall be a minimum of sixteen (16) years of age except as
provided by paragraph (b) of this subsection. An applicant may be required to
submit a certified copy of his or her birth certificate or work permit.
(b) The commission
may grant an owner’s license to a person less than sixteen (16) years of age if
the person’s parent or legal guardian is licensed by the commission. An
application under this subsection shall be signed by the applicant's parent or
legal guardian in the presence of one (1) or more of the judges.
(5) An application
from a person or entity consisting of more than one (1) individual person
desiring to race horses in the Commonwealth shall, upon request, in addition to
designating the person or persons representing the entire ownership of the
horses, be accompanied by documents which fully disclose the identity, degree,
and type of ownership held by all individual persons who own or control a
present or reversionary interest in the horses.
(6) The commission
shall provide notice to an applicant that the license has been issued or
denied. If all requirements for licensure are met, a license shall be issued to
the license applicant.
Section 4.
Additional Licensing Requirements for Driver's License. (1) A person desiring
to drive a harness horse at a race meeting licensed by the commission shall
obtain a license from:
(a) The commission;
and
(b) The United
States Trotting Association, Standardbred Canada, or appropriate international
harness racing governing agency.
(2) Commission
licenses. A driver's license from the commission shall be issued in one the following
categories:
(a) A
qualifying-fair (QF) license which shall be valid for fairs, matinees,
qualifying races, and if approved by the presiding judge, nonwagering races at
extended pari-mutuel meetings;
(b) A provisional
(P) license which shall be valid at fairs, matinees, qualifying races, and
extended pari-mutuel meetings; or
(c) A full (A)
license which shall be valid at all race meetings.
(3) License
advancement. An applicant shall initially obtain a qualifying-fair license. Advancement
to a provisional license and a full license shall be determined by Rule 17,
Sections 1 through 10, of the United States Trotting Association, 2009/2010.
(4) General
qualifications. An applicant for a driver's license shall:
(a)1. Be at least
sixteen (16) years of age for a (QF) license;
2. Be at least
eighteen (18) years of age for a (P) or (A) license; and
3. Not be denied a
driver's license solely on the basis of age if the applicant has previously
held any type of license; and
(b) Submit
satisfactory evidence of an eye examination indicating:
1. 20/40 corrected
vision in both eyes; or
2. If one (1) eye
is blind, at least 20/30 corrected vision in the other eye.
Section 5.
Additional Licensing Requirements for Other Specific Licenses. (1) Trainer. An
applicant for a trainer license shall show proof that he or she is duly
licensed as a trainer by the United States Trotting Association and shall meet
the requirements set forth in 811 KAR 1:085 and 1:090. If any licensed trainer
is absent from a racing meet for more than six (6) days, the trainer shall
appoint and have properly licensed a new trainer of record.
(2) Veterinary personnel.
(a) An application
from a person desiring to treat, prescribe for, or attend to any horse on
association grounds as a practicing veterinarian shall be accompanied by
evidence that the person is currently licensed as a veterinarian by the
Commonwealth of Kentucky.
(b) An application
from a person desiring to work on association grounds as a veterinary
technologist or veterinary technician shall be accompanied by:
1. Evidence that
the person is currently registered as a veterinary technologist or veterinary
technician by the Commonwealth of Kentucky; and
2. A
"Veterinarian Approval Form" (KHRC 25-04 (01/10)) signed by a licensed
veterinarian certifying that the applicant is working for the veterinarian as
required by KRS 321.443.
(c) An application
from a veterinary assistant shall be accompanied by a "Veterinarian
Approval Form" (KHRC 25-04 (01/10)) signed by a licensed veterinarian
certifying that the applicant works for him or her as required by KRS 321.443.
(d) Equine
therapist. An application from an equine therapist not defined by KRS Chapter
321 shall be accompanied by a "Veterinarian Approval Form" (KHRC
25-04 (01/10)) signed by a licensed veterinarian and the chief state
veterinarian attesting to the skill and integrity of the applicant.
(3) Farriers. An
application from a person not previously licensed in the capacity of farrier
shall submit a diploma or other document signifying successful completion of a
farrier course or examination recognized by the American Farrier’s Association,
or submit a letter of recommendation from a licensed farrier.
(4) Stable
employee, occupational employee, vendor employee. In order to obtain a stable
employee, occupational employee, or vendor employee license, the license
applicant shall submit a KHRA Form 25-04 from his or her employer verifying
employment and workers’ compensation coverage.
(5) Special event
licensees. A special event license shall be issued to employees who are
employed by an association only for the duration of a special event. A special
event license shall be valid for the days of the event only, and the duration
of the license shall not exceed three (3) calendar days.
Section 6.
Licensing Fees. (1) The following annual fees shall accompany the application
and shall not be refundable:
(a) $125 - owner,
trainer, owner/trainer, driver, driver/trainer, owner/trainer/driver,
owner/driver, matinee driver, veterinarian, and temporary license;
(b) $100 - farrier,
racing official, assistant racing secretary, director of racing, placing judge,
testing laboratory employee, racing department employee, valet, paddock
blacksmith, and outrider;
(c) Fifty (50)
dollars - veterinary technician, veterinary technologist, veterinary assistant,
farm manager, farm agent, mutuel clerk, vendor, and equine therapist;
(d) Twenty-five (25)
dollars - association employee, vendor employee, occupational employee, any
person employed by a concern contracting with the association to provide a service
or commodity and which employment requires that person’s presence on association
grounds during a race meeting, film patrol crew member, television production
employee, member of an association security department (including a policeman,
watchman, fireman, ambulance driver, or emergency medical technician), track
superintendent, member of maintenance department staff, admissions department
manager and employee, association concessions manager and employee, parking
manager and employee, and all other persons employed by the association;
(e) Five (5)
dollars - stable employee including stable foreman, exercise personnel,
hotwalker, groom, watchman, and pony person.
(2) A replacement
fee for a duplicate license shall be ten (10) dollars, except that this fee
shall be waived for the first duplicate license issued during any calendar
year.
Section 7.
Fingerprinting. If requested, a license applicant shall furnish to the
commission a set of fingerprints or submit to fingerprinting prior to issuance
of a license. If the license applicant has been fingerprinted in the
Commonwealth or another racing jurisdiction within the five (5) years preceding
the date of the license application, then the commission may accept the previous
fingerprints or require new fingerprints. The cost of fingerprinting and
fingerprint analysis shall be paid by the license applicant.
Section 8.
Multi-state/National Licenses. In lieu of a license application as required by
this administrative regulation, an applicant may submit an ARCI Multi-State
License and Information Form or the National Racing Compact License and
Information Form. It shall be accepted if the commission determines that it
ensures compliance with all licensing requirements in this administrative
regulation and KRS Chapter 230.
Section 9. Consent
to Investigate by License Applicants and Licensees. After an applicant files a
license application, the commission may:
(1) Investigate the
criminal background, employment history, and racing history record of the
applicant;
(2) Engage in
research and interviews to determine the applicant's character and
qualifications; and
(3) Verify
information provided by the applicant.
Section 10. Search
and Seizure. (1) The commission or designee may search any location described
in KRS 230.260(7).
(2) The commission
or designee may seize any medication, drug, substance, paraphernalia, object,
or device in violation or suspected violation of KRS Chapter 230 or KAR Title
810 or 811.
(3) A licensee
shall:
(a) Cooperate with
the commission or designee during an investigation; and
(b) Respond
correctly to the best of the licensee's knowledge if questioned by the
commission or designee about a racing matter.
(4) A licensee
shall consent to out-of-competition testing in accordance with 811 KAR 1:240.
Section 11.
Employer Responsibility. (1) An employer shall not employ an unlicensed person
for a position that requires a license under KRS 230.300 or 230.310 or this
administrative regulation. If an employer does so, the employer may be
subjected to license suspension, denial, or revocation under KRS Chapter 230,
or Title 810 or 811 of the Kentucky Administrative Regulations.
(2) Every employer
shall report in writing to the commission or its designee, within twenty-four
(24) hours, the discharge of any licensed employee, including the employee's
name, occupation, and reason for the discharge.
(3) Every employer
shall be responsible for ensuring compliance with all applicable employment
laws.
(4) The license
application of an employee shall be signed by the employer.
(5) A licensed
employer shall carry workers' compensation insurance covering his or her
employees as required by KRS Chapter 342.
Section 12.
Financial Responsibility. A licensee shall maintain financial responsibility
during the period for which the license is issued. A licensee's failure to
satisfy a final judgment rendered against him or her by a Kentucky court, or a
domesticated judgment from another jurisdiction, for goods, supplies, services,
or fees used in the course of any occupation for which a license is required by
this administrative regulation shall constitute a failure to meet the financial
responsibility requirements of KRS 230.310. If the licensee fails to show just
cause for his or her failure to satisfy the judgment, then his or her license
may be suspended or revoked until the licensee provides written documentation
of satisfaction of the judgment. An applicant for a license may be required to
submit evidence of financial responsibility to the commission if a judgment has
been rendered against him or her.
Section 13.
Voluntary Withdrawal of License Application. (1) A license applicant may with
the approval of the license review committee voluntarily withdraw his or her
license application from the license review process.
(2) If the
applicant chooses to voluntarily withdraw his or her application, then the withdrawal
shall not constitute a denial or suspension of a license and shall be without
prejudice.
(3) The commission
shall issue a notice of the withdrawal, and the notice shall be communicated to
the Association of Racing Commissioners International.
Section 14. License
Review Committee. (1) The executive director or presiding judge may refer a
license application to the License Review Committee in lieu of denying.
(2) The License
Review Committee shall be composed of the executive director or designee, the
director of licensing or designee, the presiding judge or designee, and at
least one (1) other commission member or commission staff member as designated
by the executive director. At least three (3) members of the committee shall
participate in any license review committee meeting.
(3) If a referral
to the committee is made, then a license shall not be issued until the committee
makes a favorable ruling on the license application. The applicant may be
required by the Committee to appear personally. If the committee is unable to
make a favorable ruling on the license application, then the committee may give
the license applicant the opportunity to voluntarily withdraw his or her
license application in accordance with Section 13 of this administrative regulation.
If the license applicant does not wish to voluntarily withdraw his or her
application, then the committee shall deny the application.
(4) The denial of
the application may be appealed in accordance with KRS Chapter 13B.
(5) In the
alternative, the commission, the License Review Committee, or the executive
director may refer the case directly to the commission without denial or
approval of the application.
Section 15. License
denial, revocation, or suspension. (1) The commission, executive director,
chief racing steward, or director of licensing may deny a license application,
and the commission or presiding judge may suspend or revoke a license, or
otherwise penalize in accordance with KRS 230.320(1) a licensee,
or other person participating in Kentucky horse racing, for any of the following
reasons:
(a) The public
interest for the purpose of maintaining proper control over horse racing
meetings or pari-mutuel wagering may be adversely affected if the license is
issued;
(b) The licensee or
applicant has any felony or misdemeanor criminal conviction from any
jurisdiction, including having entered into any form of diversionary program,
within fifteen (15) years preceding the date of submission of a license
application;
(c) The licensee or
applicant has pending criminal charges or is criminally charged during the
license period in any jurisdiction;
(d) The licensee or
applicant has had a license issued by the legally constituted racing or gaming
commission of a state, province, or country denied, suspended, or revoked;
(e) The licensee or
applicant has had a license issued by the Commonwealth of Kentucky revoked,
suspended, or denied;
(f) The licensee or
applicant has applied for and received a license at less than sixteen (16)
years of age, except as permitted in Section 3 of this administrative
regulation;
(g) The licensee or
applicant has made a material misrepresentation, falsification, or omission of
information in an application for a license;
(h) The licensee or
applicant has been ejected, ruled off, or excluded from racing association
grounds in the Commonwealth of Kentucky or a racetrack in any jurisdiction;
(i) The licensee or
applicant has violated or attempted to violate a statute, administrative
regulation, or similar rule respecting horse racing in any jurisdiction;
(j) The licensee or
applicant has perpetrated or attempted to perpetrate a fraud or
misrepresentation in connection with the racing or breeding of a horse or
pari-mutuel wagering;
(k) The licensee or
applicant has caused, attempted to cause, or participated in any way in an
attempt to cause the pre-arrangement of a race result, or has failed to report
knowledge of this kind of activity immediately to the judges;
(l) The licensee or
applicant has demonstrated financial irresponsibility as described by Section
12 of this administrative regulation;
(m) The licensee or
applicant has knowingly failed to disclose to the commission complete ownership
or beneficial interest in a horse entered to be raced;
(n) The licensee or
applicant has misrepresented or attempted to misrepresent facts in connection
with the sale of a horse or other matter pertaining to racing or registration
of a horse;
(o) The licensee or
applicant has offered, promised, given, accepted, or solicited a bribe in any
form, directly or indirectly, to or by a person having any connection with the
outcome of a race, or failed to report conduct of this nature immediately to
the judges;
(p) The licensee or
applicant has abandoned, mistreated, abused, neglected, or engaged in an act of
cruelty to a horse;
(q) The licensee or
applicant has engaged in conduct that is against the best interest of horse
racing, or compromises the integrity of operations at a track, training
facility, or satellite facility;
(r) The licensee or
applicant has knowingly entered, or aided and abetted the entry, of a horse ineligible
or unqualified for the race entered;
(s) The licensee or
applicant has possessed on association grounds, without written permission from
the commission or the presiding judge, any other appliance or device, other
than an ordinary whip, which could be used to alter the speed of a horse in a
race or workout;
(t) The licensee or
applicant has violated any of the alcohol or substance abuse provisions in KRS
Chapter 230 or 811 KAR 1:225;
(u) The licensee or
applicant has failed to comply with a written order or ruling of the commission
or the judges pertaining to a racing matter or investigation;
(v) The licensee or
applicant has failed to answer truthfully questions asked by the commission or
its representatives pertaining to a racing matter;
(w) The licensee or
applicant has failed to return to an association any purse money, trophies, or
awards paid in error or ordered redistributed by the commission;
(x) The licensee or
applicant has participated in or engaged in any conduct of a disorderly nature
on association grounds which includes, but is not limited to:
1. Failure to obey
the judges' or other officials' orders that are expressly authorized by the
administrative regulations of the commission;
2. Failure to drive
when programmed unless excused by the judges;
3. Fighting;
4. Assaults;
5. Offensive and
profane language;
6. Smoking on the
track in colors during actual racing hours;
7. Warming up a
horse prior to racing without colors; and
8. Disturbing the
peace;
(y) The licensee or
applicant has used profane, abusive, or insulting language to or interfered
with or obstructed a commission member, employee, agent, or racing official,
while these persons are in the course of discharging their duties;
(z) The licensee or
applicant is unqualified to perform the duties for which the license is issued;
(aa) The licensee
or applicant has discontinued or is ineligible for the activity for which the
license is to be issued, or for which a previous or existing license was
issued;
(bb) The licensee
or applicant has made a material misrepresentation in the process of
registering, nominating, entering, or racing a horse as Kentucky owned,
Kentucky bred, or Kentucky sired;
(cc) The licensee
or applicant has failed to pay a required fee or fine, or has otherwise failed
to comply with Kentucky statutes or administrative regulations;
(dd) The licensee
or applicant failed to comply with a written directive or ruling of the
commission or the presiding judge;
(ee) The licensee
or applicant has failed to advise the commission of changes in the application
information as required by Section 17 of this administrative regulation;
(ff) The licensee
or applicant has failed to comply with the temporary license requirements of
Section 18 of this administrative regulation;
(gg) The licensee
or applicant has violated the photo identification badge requirements of
Section 21 of this administrative regulation;
(hh) The licensee
or applicant has knowingly aided or abetted any person in violation of any
statute or administrative regulation pertaining to horse racing;
(ii) The licensee
or applicant has hired an unlicensed person required by KRS 230.300 or 230.310
or this administrative regulation to be licensed;
(jj) The licensee
or applicant, being a person other than a licensed veterinarian, has possessed
on association grounds:
1. A hypodermic
needle, hypodermic syringe, or other device which could be used to administer
any substance to a horse, except as permitted by 811 KAR 1:090; or
2. A medication,
stimulant, sedative, depressant, local anesthetic, or any other foreign
substance prohibited by a statute or administrative regulation of the
commission; or
(kk) The licensee
or applicant has manufactured, attempted to manufacture, or possessed a false
license photo identification badge.
(2) A license
suspension, revocation, or denial shall be reported in writing to the applicant
by the presiding judge and to the ARCI by the division of licensing, to ensure
that other racing jurisdictions shall be advised of the license suspension,
revocation, or denial.
(3) A license
applicant may appeal the suspension, revocation, or denial in accordance with
KRS 230.320 and KRS Chapter 13B.
Section 16.
Reciprocity. If the license of a person is denied, suspended, or revoked, or if
a person is ruled off, excluded, or ejected from a racetrack in Kentucky or in
another jurisdiction, the commission may require reinstatement at that track
before a license is granted by the commission.
Section 17. Changes
in Application Information. (1)The licensee or applicant shall report changes
in any information required for licensing in writing to the commission.
(2) Any change in
information required for licensing shall be submitted in writing upon the
"Change in Application Information Form" (KHRC 25-03 (01/10)), signed
by the licensee, and filed at the commission central office, within thirty (30)
days of the change, unless it is information listed in subsection (3) of this
section.
(3) The licensee
shall report changes in information in writing within seventy-two (72) hours of
the occurrence for these items:
(a) Criminal
charges;
(b) Criminal
convictions;
(c) License denials
and license suspensions of ten (10) days or more;
(d) License
revocations or fines of $500 or more in other jurisdictions;
(e) Racing related
disciplinary charges pending in other jurisdictions; and
(f) Withdrawal,
with or without prejudice, of a license application by the licensee in any
jurisdiction.
Section 18.
Temporary licenses. (1)(a) Only an owner is eligible for a temporary license.
(b) A horse in a
trainer's care shall not start in a race unless the owner has a current license
or has an application for a temporary license, "Temporary Owner’s License
Application" (KHRC 25-02 (01/10)), on file with the commission.
(c) A licensed
trainer may apply for a temporary license on behalf of an owner for whom the
licensed trainer trains.
(d) The commission
may refuse the license if the applicant fails to supply a name, social security
number, and mailing address for a temporary license.
(e) A temporary
license shall be valid for no more than thirty (30) days from the date of
issuance and shall automatically lapse after the thirtieth day pending
completion of all licensing procedures.
(f) Upon expiration
of the thirty (30) day temporary license, the owner's license shall be
suspended or the owner's horses shall be ineligible to race in Kentucky pending
completion of all licensing procedures.
(g) Completion of
all owner licensing procedures shall extend the owner's license to the end of
the calendar year.
(h) If a temporary
license expires prior to completion of all owner license procedures, the
applicant shall pay an additional licensing fee.
(2) An owner shall
not be eligible to be issued more than one (1) temporary license in any
calendar year.
(3) A temporary
license shall not be valid for claiming.
Section 19.
Eligibility for Multiple Licenses. More than one (1) license to participate in
horse racing may be granted to a person except if prohibited by Section 20 of
this administrative regulation due to a potential conflict of interest.
Section 20.
Conflict of interest. (1) The License Review Committee and the presiding judge
or designees shall deny or refuse to process the license of a person, and the
commission or the presiding judge shall revoke or suspend a licensee who is
determined to have a conflict of interest. A conflict of interest may exist if a
spouse, immediate family member, or other person in a similar relationship to a
licensee or applicant holds a license which the License Review Committee or
presiding judge finds to be a conflict of interest with the licensee’s or
applicant’s. A finding of a conflict of interest may be appealed to the
commission pursuant to KRS 230.320 and KRS Chapter 13B.
(2) A racing
official who is an owner of either the sire or dam of a horse entered to race
shall not act as an official during that race.
(3) A person who is
licensed as an owner or trainer or has any financial interest in a horse
entered in that race shall not participate in that race as any of the
following:
(a) Racing
official;
(b) Practicing
veterinarian for any horse other than owner’s;
(c) Veterinary
technician, veterinary technologist, veterinarian assistant, or equine
therapist to any horse other than the owner’s;
(d) Officer or
managing employee;
(e) Track
maintenance supervisor or employee;
(f) Outrider;
(g) Race track
security employee;
(h) Farrier;
(i) Racing chemist;
and
(j) Testing
laboratory employee.
(4) More than one
license to participate in racing may be granted to a person except if
prohibited by this administrative regulation due to a potential conflict of
interest.
Section 21. License
Photo Identification Badges. (1) If a licensee desires access to restricted
areas of a racing association grounds, then the licensee shall carry on his or
her person at all times within the restricted area his or her assigned
commission license (photo identification badge). A photo identification badge
is available to a licensee upon presentation of appropriate, valid photo
identification by the licensee to commission personnel at commission licensing
offices.
(2) A person shall
present an appropriate license to enter a restricted area.
(3) The judges or
racing association may require visible display of a license in a restricted
area.
(4) A license may
only be used by the person to whom it is issued, and a licensee shall not allow
another person to use his or her badge for any purpose.
(5) Licensee
credentials (photo identification badges) are the property of the commission
and shall be surrendered to the executive director, the judges, the commission director
of enforcement or director of licensing, or designee, upon request.
Section 22. Duties
of Licensees. (1) A licensee shall be knowledgeable of this administrative
regulation and, by acceptance of the license, agrees to abide by this
administrative regulation.
(2) A licensee
shall report to track security or judge any knowledge the licensee has that a
violation of this administrative regulation has occurred or may occur.
(3) A licensee
shall abide by all rulings and decisions of the judges and the commission, and
all decisions by the judges and the commission shall remain in force unless
reversed or modified by the commission or a court of competent jurisdiction
upon proper appeal pursuant to KRS 230.330.
(4) Rulings and
decisions of the judges may be appealed to the commission, except those made by
the judges as to:
(a) Findings of
fact as occurred during and incident to the running of a race; and
(b) A determination
of the extent of disqualification of horses in a race for fouls committed
during the race.
(5) A licensee
shall cooperate fully with all investigations and inquiries made by commission
representatives or association security, or both.
(6) A licensee
shall obey instructions from commission representatives or association
security, or both.
(7) All licensees
shall immediately report to the commission any known or suspected
irregularities, any violation of the administrative regulations of the
commission, or any wrongdoings by any person, and shall cooperate in any
subsequent investigation.
Section 23. Common
Law Rights of Associations. The validity of a license does not preclude or
infringe on the common law rights of associations to eject or exclude persons,
licensed or unlicensed, from association grounds.
Section 24.
Incorporation by Reference. (1) The following material is incorporated by
reference:
(a) "License
Application", KHRC 25-01, 04/10;
(b) "Temporary Owner's License
Application", KHRC 25-02, 01/10;
(c) "Change in
Application Information Form", KHRC 25-03, 04/10;
(d)
"Veterinarian Approval Form", KHRC 25-04, 04/10; and
(e) "Rule 17,
Sections 1 through 10", United States Trotting Association, 2009/2010.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Kentucky Horse Racing Commission, 4063 Iron Works Parkway, Building B,
Lexington, Kentucky 40511, Monday through Friday, 8 a.m. to 4:30 p.m. This
material is also available at www.khrc.ky.gov. (KTC 1-8 (Rule 17); 1
Ky.R. 1110; eff. 6-11-75; Am. 6 Ky.R. 437; eff. 4-1-80; 9 Ky.R. 970; eff.
3-2-83; 10 Ky.R. 921; eff. 2-1-84; 11 Ky.R. 798; eff. 12-11-84; 12 Ky.R. 431;
eff. 11-12-85; 13 Ky.R. 1116; eff. 1-13-87; 19 Ky.R. 2502; 20 Ky.R. 83; eff.
7-9-93; TAm eff. 8-9-2007; 36 Ky.R. 2127-M; 2187; eff. 6-4-2010.)
