811 KAR 1:150. Officials; deputies and assistants

Link to law: http://www.lrc.ky.gov/kar/811/001/150.htm
Published: 2015

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      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.)