99D.7 - POWERS.
99D.7 POWERS.
The commission shall have full jurisdiction over and shall
supervise all race meetings governed by this chapter. The commission
shall have the following powers and shall adopt rules pursuant to
chapter 17A to implement this chapter:
1. To investigate applicants and determine the eligibility of
applicants for a license and to select among competing applicants for
a license the applicant which best serves the interests of the
citizens of Iowa.
2. To identify occupations within the racing industry which
require licensing and adopt standards for licensing the occupations
including establishing fees for the occupational licenses. The fees
shall be paid to the commission and used as required in section
99D.17.
3. To adopt standards under which all race meetings shall be held
and standards for the facilities within which the race meetings shall
be held.
4. To regulate the purse structure for race meetings including
establishing a minimum purse.
5. To cooperate with the department of agriculture and land
stewardship to establish and operate, or contract for, a laboratory
and related facilities to conduct saliva, urine, and other tests on
animals that are to run or that have run in races governed by this
chapter.
6. To establish and provide for the disposition of fees for the
testing of animals sufficient to cover the costs of the tests and to
purchase the necessary equipment for the testing.
7. To enter the office, racetrack, facilities, or other places of
business of a licensee to determine compliance with this chapter.
8. To investigate alleged violations of this chapter or the
commission rules, orders, or final decisions and to take appropriate
disciplinary action against a licensee or a holder of an occupational
license for the violation, or institute appropriate legal action for
enforcement, or both. Information gathered during an investigation
is confidential during the pendency of the investigation. Decisions
by the commission are final agency actions pursuant to chapter 17A.
9. To authorize stewards, starters, and other racing officials to
impose fines or other sanctions upon a person violating a provision
of this chapter or the commission rules, orders, or final orders,
including authorization to expel a tout, bookmaker, or other person
deemed to be undesirable from the racetrack facilities.
10. To require the removal of a racing official, an employee of a
licensee, or a holder of an occupational license, or employee of a
holder of an occupational license for a violation of this chapter or
a commission rule or engaging in a fraudulent practice.
11. To prevent an animal from racing if the commission or
commission employees with cause believe the animal or its owner,
trainer, or an employee of the owner or trainer is in violation of
this chapter or commission rules.
12. To withhold payment of a purse if the outcome of a race is
disputed or until tests are performed on the animals to determine if
they were illegally drugged.
13. To provide for immediate determination of the disposition of
a challenge by a racing official or representative of the commission
by establishing procedures for informal hearings before a panel of
stewards at a racetrack.
14. To require a licensee to file an annual balance sheet and
profit and loss statement pertaining to the licensee's racing
activities in this state, together with a list of the stockholders or
other persons having any beneficial interest in the racing activities
of each licensee.
15. To issue subpoenas for the attendance of witnesses and
subpoenas duces tecum for the production of books, records and other
pertinent documents in accordance with chapter 17A, and to administer
oaths and affirmations to the witnesses, when, in the judgment of the
racing and gaming commission, it is necessary to enforce this chapter
or the commission rules.
16. To keep accurate and complete records of its proceedings and
to certify the records as may be appropriate.
17. To require all licensees to use a computerized totalizator
system for calculating odds and payouts from the pari-mutuel wagering
pool and to establish standards to insure the security of the
totalizator system.
18. To revoke or suspend licenses and impose fines not to exceed
one thousand dollars.
19. To require licensees to indicate in their racing programs
those horses which are treated with the legal medication furosemide
or phenylbutazone. The program shall also indicate if it is the
first or subsequent time that a horse is racing with furosemide, or
if the horse has previously raced with furosemide and the present
race is the first race for the horse without furosemide following its
use.
20. Notwithstanding any contrary provision in this chapter, to
provide for interstate combined wagering pools related to
simulcasting horse or dog races and all related interstate
pari-mutuel wagering activities.
21. To cooperate with the gambling treatment program administered
by the Iowa department of public health to incorporate information
regarding the gambling treatment program and its toll-free telephone
number in printed materials distributed by the commission. The
commission may require licensees to have the information available in
a conspicuous place as a condition of licensure.
22. To require licensees to establish a process to allow a person
to be voluntarily excluded for life from a racetrack enclosure and
all other licensed facilities under this chapter and chapter 99F.
The process established shall require that a licensee disseminate
information regarding persons voluntarily excluded to all licensees
under this chapter and chapter 99F. The state and any licensee under
this chapter or chapter 99F shall not be liable to any person for any
claim which may arise from this process. In addition to any other
penalty provided by law, any money or thing of value that has been
obtained by, or is owed to, a voluntarily excluded person by a
licensee as a result of wagers made by the person after the person
has been voluntarily excluded shall not be paid to the person but
shall be credited to the general fund of the state.
23. To require licensees to establish a process with the state
for licensees to have electronic access to names and social security
numbers of debtors of claimant agencies through a secured interactive
website maintained by the state.
24. To take any other action as may be reasonable or appropriate
to enforce this chapter and the commission rules. Section History: Recent Form
83 Acts, ch 187, § 7; 84 Acts, ch 1265, § 3; 84 Acts, ch 1266, §
6; 88 Acts, ch 1137, § 1; 89 Acts, ch 231, §32; 91 Acts, ch 166, §1;
91 Acts, ch 260, §1205; 94 Acts, ch 1100, §1; 95 Acts, ch 205, §34;
96 Acts, ch 1212, § 11; 2004 Acts, ch 1136, §6--8; 2008 Acts, ch
1172, §2; 2009 Acts, ch 182, §101
Referred to in § 12.10, 99D.10, 99D.28