4-38-9 - Investigation -- License denial and suspension -- Grounds for revocation -- Fines.
4-38-9. Investigation -- License denial and suspension -- Grounds for revocation --Fines.
(1) The commission or its board of stewards of a recognized race meet, upon their ownmotion may, and upon verified complaint in writing of any person shall, investigate the activitiesof any licensee within the state or any licensed person upon the premises of a racetrack facility.
(2) The commission or board of stewards may fine, suspend a license, or deny anapplication for a license.
(3) The commission may revoke a license, if the licensee has committed any of thefollowing violations:
(a) substantial or willful misrepresentation;
(b) disregard for or violation of any provisions of this chapter or of any rule promulgatedby the commission;
(c) conviction of a felony under the laws of this or any other state or of the United States,a certified copy of the judgment of the court of conviction of which shall be presumptive evidenceof the conviction in any hearing held under this section;
(d) fraud, willful misrepresentation, or deceit in racing;
(e) falsification, misrepresentation, or omission of required information in a licenseapplication to the commission;
(f) failure to disclose to the commission a complete ownership or beneficial interest in ahorse entered to be raced;
(g) misrepresentation or attempted misrepresentation in connection with the sale of ahorse or other matter pertaining to racing or registration of racing animals;
(h) failure to comply with any order or rulings of the commission, the stewards, or aracing official pertaining to a racing matter;
(i) ownership of any interest in or participation by any manner in any bookmaking,pool-selling, touting, bet solicitation, or illegal enterprise;
(j) being unqualified by experience or competence to perform the activity permitted bythe license possessed or being applied for;
(k) employment or harboring of any unlicensed person on the premises of a racetrackfacility;
(l) discontinuance of or ineligibility for the activity for which the license was issued;
(m) being currently under suspension or revocation of a racing license in another racingjurisdiction;
(n) possession on the premises of a racetrack facility of:
(i) firearms; or
(ii) a battery, buzzer, electrical device, or other appliance other than a whip which couldbe used to alter the speed of a horse in a race or while working out or schooling;
(o) possession, on the premises of a racetrack facility, by a person other than a licensedveterinarian of a hypodermic needle, hypodermic syringe, or other similar device that may beused in administering medicine internally in a horse, or any substance, compound items, orcombination of any medicine, narcotic, stimulant, depressant, or anesthetic which could alter thenormal performance of a horse unless specifically authorized by a commission-approvedveterinarian;
(p) cruelty to or neglect of a horse;
(q) offering, promising, giving, accepting, or soliciting a bribe in any form, directly or
indirectly, to or by a person having any connection with the outcome of a race, or failure to reportknowledge of such act immediately to the stewards, the patrol judges, or the commission;
(r) causing, attempting to cause, or participation in any way in any attempt to cause theprearrangement of a race result, or failure to report knowledge of such act immediately to thestewards, the patrol judges, or the commission;
(s) entering, or aiding and abetting the entry of, a horse ineligible or unqualified for therace entered;
(t) willfully or unjustifiably entering or racing any horse in any race under any name ordesignation other than the name or designation assigned to the animal by and registered with theofficial recognized registry for that breed of animal, or willfully setting on foot, instigating,engaging in, or in any way furthering any act by which any horse is entered or raced in any raceunder any name or designation other than the name or designation duly assigned by and registeredwith the official recognized registry for the breed of animal; or
(u) racing at a racetrack facility without having that horse registered to race at thatracetrack facility.
(4) (a) Any person who fails to pay in a timely manner any fine imposed pursuant to thischapter shall pay, in addition to the fine due, a penalty amount equal to the fine.
(b) Any person who submits to the commission a check in payment of a fine or licensefee requirement imposed pursuant to this chapter, which is not honored by the financial institutionupon which it is drawn, shall pay, in addition to the fine or fee due, a penalty amount equal to thefine.
Amended by Chapter 4, 1993 General Session
Amended by Chapter 64, 1993 General Session