R 431.1035 Occupational licensing.

Rule 1035. (1) Pari-mutuel horse racing and participation therein in this state are privileges, not rights, granted only by the executive director by license subject to the conditions set forth in subrule (3) of this rule. (2) The executive director may consider the following in granting, denying, suspending, or revoking, an occupational license or taking disciplinary action against an occupational licensee: (a) The person's financial history, including, but not limited to, court-imposed financial judgments, failure to honor financial obligations, or the issuance of bank instruments without having sufficient funds on deposit. (b) The person's current financial status, including, but not limited to, outstanding indebtedness to service and supply vendors in the racing industry. (c) The person's experience in the racing industry in capacities related to the occupational license sought. (d) The person’s history of licensure in any other racing jurisdiction. (e) The person's competence to hold the occupational license sought measured by standardized written and practical testing and peer review, as required by the executive director. (f) The person’s general fitness in terms of mental stability, use of drugs, and record of racing violations. (g) The person's record of criminal convictions, including, but not limited to, offenses related to the integrity and safety of racing and its participants. (h) Any other information the executive director considers necessary. (3) Application for an occupational license means consent and agreement by the applicant, upon application and for the duration of the occupational license, if issued, to all of the following conditions: (a) That all representations on the application filed are complete and correct and are accompanied by fingerprint identification, proof of worker's compensation insurance, or certification of professional licensing when required, and any other information the executive director considers necessary. (b) That he or she shall abide by all orders of racing officials, rulings and decisions of the stewards, unless reversed or modified by the executive director upon proper appeal, and all rules, regulations, and orders of the executive director, subject to review pursuant to these rules and the act. (c) That when responsibility is placed upon a licensee, other than a trainer, by the act or these rules, the licensee shall bear the burden of proof to show freedom from negligence in the exercise of a high degree of care in safeguarding horses from tampering. (d) That he or she shall conduct himself or herself and his or her business at all times in a manner befitting the best interests of racing and shall cooperate in every way with the executive director or his or her authorized representatives during the conduct of an investigation, including responding correctly, to the best of his or her knowledge, to all questions pertaining to racing matters. (e) That he or she shall disclose to the executive director or his or her authorized representative, in writing, if he or she has been arrested, charged, or convicted of any misdemeanor or felony offenses, not including traffic offenses. (f) That he or she shall report to the executive director or his or her authorized representative when he or she has been prescribed or is taking any medication that may impair the person’s ability to perform tasks that require a license or that carry this or a similar warning: Do not operate heavy machinery while taking this medication. (g) That he or she is under a continuing duty to provide any information requested by the executive director or his or her authorized representative. (h) That he or she shall not interfere with or use abusive or disrespectful language or conduct when addressing a steward, authorized representative of the executive director, racing official, or person serving under a racing official. (i) That he or she shall not, at any time or place, commit an assault, an assault and battery, threaten bodily injury, or do bodily injury to any person involved in racing. (4) The executive director may require a person who has been denied a license or has had a license suspended or revoked by another racing jurisdiction to seek reinstatement in the jurisdiction where the license was denied, revoked, or suspended. (5) A person whose license has been revoked or suspended, whether in this jurisdiction or any other jurisdiction and whether temporarily for investigation or otherwise, for the duration of his or her revocation or suspension, is not permitted, whether acting as an agent or otherwise, to subscribe, enter, or race any horse, either in his or her own name or in the name of another person. (6) Trainers and vendors operating within restricted areas of the grounds shall ensure that they and their employees are licensed. Additionally, a trainer shall ensure that each owner for whom he or she trains is properly licensed. A horse in a trainer's care shall not be programmed in a race unless at least an application for the owner's license is on file with the executive director. (7) A person under the age of 18 shall not be granted an occupational license, except upon presentation of proof of age and, if employed by anyone other than a parent or legal guardian, submission of working papers as required by law. The minor child of an owner may, without working papers, be granted an owner's license by the executive director if the parent who is an owner files with the minor's license application an agreement assuming responsibility for all financial, contractual, or other obligations of the minor child relating to racing. (8) A person under the age of 16 shall not be licensed as a jockey or driver. (9) The license applications of stable employees, association employees, and employees of vendors operating within restricted areas of the grounds shall be endorsed by their employers. (10) Exercise riders, pony riders, and any person intending to exercise a horse upon a race course during a race meeting may be required by the stewards to demonstrate their horsemanship. (11) The trainer shall maintain on file with the executive director an up-to-date stable roster of owners, employees, and any others having access to the trainer's assigned premises. The stable roster shall contain all information considered necessary by the executive director. (12) Except when a trainer has a 50% or greater ownership interest in his or her horse, there must be a mutually agreed upon written contract between the trainer and owner. This contract must include, but is not limited to, at least the following terms and conditions: (a) The financial responsibility of each party. (b) Specific horse health care requirements. (c) Potential claiming status. (13) An individual, other than a licensee, seeking entry into a restricted area shall apply for a restricted area pass from the executive director. A restricted area pass is valid only for the time and place designated on the pass. The stewards shall review and approve or deny all applications for restricted area admission. Restricted area passes shall not be issued for admission to the paddock at a race meeting. However, a spouse of an owner or trainer may have his or her restricted area pass endorsed to permit him or her into the paddock when accompanied by the licensed spouse. Restricted area passes shall not be issued to anyone who would usually require a license. (14) Each applicant for an occupational license as an owner may be issued only one provisional license good for 1 race day or 2 adjacent days. (15) In the event of an owner’s death, the trainer may continue to race the horse if a person designated as executor supplies the executive director or his or her authorized representative with verification of his or her status as executor and applies for an owner’s license.