811 KAR 1:070. Licensing standardbred racing

Link to law: http://www.lrc.ky.gov/kar/811/001/070.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov