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5-106. Supervisor of mutuels; pari-mutuel auditors; other employees; stewards

A. The director shall appoint a supervisor of mutuels, security personnel and as many other employees as may be necessary for the enforcement of the laws of this state and the rules relating to racing.

B. The director shall determine which employees shall give bond to the state for the faithful performance of their respective duties in such amount as the department shall prescribe. The cost of providing the bonds shall be a charge against the state.

C. The compensation of employees shall be as determined pursuant to section 38-611.

D. The director shall keep a record of all proceedings and preserve all books, documents and papers of the commission and department.

E. The supervisor of mutuels shall monitor the wagering and the pari-mutuel departments at all racing meetings and additional wagering facilities and shall enter into no other employment or contracts of employment involving racing or pari-mutuel wagering either within or without the state during days of racing in the state.

F. The security personnel appointed by the director shall assist in keeping the peace at all racing meetings and additional wagering facilities, shall enforce all laws of the state relating to racing and all rules of the commission and shall perform such other duties as the commission or director shall prescribe and in the discharge of their duties shall have the authority of peace officers.

G. The director shall establish a security section charged with the responsibility for investigative matters relating to the proper conduct of racing and greyhound breeding, inspections of off-track kenneling of greyhounds used, trained or bred for racing purposes and pari-mutuel wagering including barring undesirables from racing, undercover investigations, fingerprinting persons licensed by the department and reviewing license applications. The person in charge of the security section shall have at least five years of experience in law enforcement or in conducting or supervising investigations in some aspect of racing law enforcement.

H. For purposes of inspecting off-track greyhound training or breeding facilities, the director may request and accept volunteer assistance from a member or representative of the national greyhound association in any instance in which the director believes specialized knowledge or advice may be useful or necessary in the enforcement of this chapter.

I. If upon investigation by the department there is substantial evidence indicating that the security at any track or additional wagering facility is not satisfactory, the director may order the permittee to remedy the deficiency. If after ten days following such order the permittee has not remedied the deficiency, the department may institute its own security personnel program until the deficiency in security is remedied and may charge the permittee the actual costs incurred therefor. The permittee may petition the department for a hearing at any time to review the necessity of the department further maintaining its own security personnel.

J. Persons employed by the department as investigators must have training in a general investigation course, including instruction in appropriate Arizona law, conducted or approved by the director.

K. For each horse, harness or dog racing meeting, the director shall, with the approval of the commission, employ two persons qualified as stewards. For each horse, harness or dog racing meeting, the permittee shall, with the approval of the commission, employ one person qualified and licensed by the department as a steward. An applicant who wishes to be licensed or employed as a steward by the department for a commercial horse or harness racing meeting must be certified as a steward by a national organization approved by the department. Beginning on January 1, 2000, an applicant who wishes to be licensed or employed as a steward by the department for a commercial dog racing meeting must be certified as a steward by a national organization approved by the department. An applicant as a steward for a commercial horse or harness racing meeting exceeding forty-five days shall have been employed as a steward, patrol judge, clerk of scales or other racing official at a horse or harness racing meeting for a period of not less than forty-five days during three of the past five years, or have at least five years' experience as a licensed jockey who has also served not less than one year as a licensed racing official at a horse or harness racing meeting, or have ten years' experience as a licensed horse trainer who has also served not less than one year as a licensed racing official at a horse or harness racing meeting. The director shall designate one of the two stewards employed by the department pursuant to this section as chief steward for each horse, harness or dog racing meeting. The director shall designate the remaining stewards as assistant stewards. A person employed by the department as a steward pursuant to this subsection is considered an exempt state employee and not a state service employee subject to title 41, chapter 4, articles 5 and 6. Stewards employed by the department pursuant to this section are eligible to receive compensation pursuant to section 38-611. For each horse, harness or dog racing meeting conducted by a county fair racing association, the director shall, with the approval of the commission, employ three persons qualified as stewards. The director shall designate one of the three stewards as chief steward for each horse, harness or dog racing meeting conducted by a county fair racing association, and shall designate the remaining stewards as assistant stewards.