811 KAR 1:150.
Officials; deputies and assistants.
RELATES TO: KRS
230.620(4), 230.630(1), (2), (3), 230.640, 230.650, 230.660
STATUTORY
AUTHORITY: KRS 230.630(3), (4), (7)
NECESSITY,
FUNCTION, AND CONFORMITY: To regulate conditions under which harness racing
shall be conducted in Kentucky. The function of this administrative regulation
is to set out the duties and responsibilities of commission officials, deputies
and assistants.
Section 1.
Executive Racing Secretary. The Governor shall appoint a secretary for the
commission for a term of four (4) years. The secretary shall receive an annual
salary fixed by the commission and shall perform such duties as prescribed by
the commission.
Section 2.
Deputy Commissioner (Supervisor of Racing). A deputy commissioner (supervisor
of racing) may be appointed by the commission and shall be representative at
large of the commission. He shall have general supervision over all race
officials and licensees of the commission. He shall supervise the licensing of
all those persons required to be licensed by the commission at associations. He
shall generally supervise the conduct of the racing, the pari-mutuel
operations, and the testing of horses. His authority is extended to cover all
powers and duties of the commission, subject to review by the commission,
except for such limitations expressly stated in the law or the commission's
administrative regulations. He shall have authority to conduct inquiries, and
shall submit a report of all proceedings thereon to the commission. He shall at
all times have access to all parts of the course, plant and grounds, including
the pari-mutuel department. The compensation of the deputy commissioner
(supervisor of racing) shall be fixed by the commission and paid by the
commission or other branches of state government. The commission in its
discretion may appoint such assistants to the deputy commissioner (supervisor
of racing) as it may deem necessary who shall have the same authority as the
deputy commissioner (supervisor of racing) in his absence but such assistant
shall be junior in authority to the deputy commissioner (supervisor of racing)
at all times. In addition, the commission may appoint any other assistants as
it may deem necessary.
Section 3. The
commission may, in its discretion, designate one (1) of the officials as its
representative at that particular meeting. Said designee shall be required to
perform all of the functions of a deputy commissioner (supervisor of racing).
Section 4. It
shall be the duty of all the officials to enforce the rules and administrative
regulations of the commission.
Section 5. The
deputy commissioner (supervisor of racing) or any official or employee
appointed or approved by the commission may be removed by the commission in its
discretion. The chairman, or in his absence from the state, the vice chairman,
may suspend the deputy commissioner (supervisor of racing) or any official or
employee appointed or approved by the commission until such time as the commission
may act to remove or reinstate said deputy commissioner (supervisor of racing),
official, or employee.
Section 6. In an
emergency, due to incapacity or absence, the deputy commissioner (supervisor of
racing) or in his absence, the licensee may appoint a substitute official to serve
pending a new official approved by the commission.
Section 7.
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 standardbred racing or interfere with the orderly
conduct of standardbred 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 and the United States Trotting Association. Said file also shall
contain reports received from all available agencies as to investigations,
arrest records, and other information; 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 and conduct pertaining to racing in the
Commonwealth.
Section 8.
Commission Supervisors of Pari-mutuel Betting. (1) The commission shall employ
supervisors of pari-mutuel betting 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 supervisors 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 supervisors of pari-mutuel betting or their representatives shall
have access to all association books, records, and pari-mutuel equipment for
checking accuracy of same.
Section 9. The
commission, its executive racing secretary, representatives, officials and
employees shall at all times have full access to the course, plant and grounds,
including the judges' stand, and pari-mutuel department.
Section 10.
Commission Veterinarian. (1) The commission shall employ a graduate
veterinarian licensed in Kentucky and experienced in equine medicine. He shall
advise the commission and the judges on all equine veterinary matters. The
commission veterinarian shall supervise and control the test barn area,
supervise the collection of samples for the testing of horses for prohibited
medication described in 811 KAR 1:090. The commission veterinarian shall also
inspect horses programmed to race that may be lame, sick, or too weak to race.
(2) No
veterinarians designed as officials at any race meeting shall practice their
profession upon the grounds at such race meeting, except, however, such
veterinarian may act in case of an emergency, and only for so long as such
emergency may exist; 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. The office
of commission veterinarian, in the test barn area, shall be equipped with a
telephone that would allow direct communication to the judges stand and paddock
judge.
Section 11.
Commission Chemist. (1) The commission is authorized to employ a graduate chemist
experienced in chemical testing techniques who shall be responsible for
conducting tests on urine, saliva and blood specimens from standardbreds
delivered to him by the commission veterinarian or any other person so
authorized by the commission, and shall be responsible for conducting any other
tests requested or required by the commission. The commission chemist is
authorized on behalf of the commission, to acquire, operate and maintain, or to
provide by contract approved by the commission, a chemical testing laboratory
and related facilities.
(2) The
commission chemist shall report to the presiding judge and the deputy
commissioner all substances he may find in the chemical tests which are not
normal in the body of the horse as outlined in 811 KAR 1:090.
Section 12.
Director, Standardbred Development Fund. (1) A director shall be appointed by
the Kentucky Harness Racing Commission to supervise the registration of horses
for entry into races provided by the Kentucky Standardbred Development Fund. He
shall assist the agency head and commissioners in the development and
enforcement of policies, administrative regulations and operational methods of
the Kentucky Standardbred Development Fund. He shall be the liaison between
breeders, horsemen, and track managers as to the scheduling of sire stakes
events. The director shall supervise one (1) employee, an administrative
specialist, and review all statistical charts and reports of purses and
contributions from the mutuel handle that concern the fund. He shall supervise
all advertising in the major horse publications regarding race dates,
registered sires in Kentucky and nominating dates.
(2) The
compensation of the director shall be fixed by the commission. The compensation
shall be paid out of the Kentucky Standardbred Development Fund. (KTC 1-8 (Rule
33; 1 Ky.R. 1122; eff. 6-11-75; Am. 6 Ky.R. 444; eff. 4-1-80; 11 Ky.R. 458;
eff. 10-9-84; 800; eff. 12-11-84.)