Applicant’s Affidavit

PURPOSE: The purpose of this rule is to set forth the contents of the applicant’s affidavit which must accompany the application for Class A license. (1) The application for Class A license must be accompanied by an affidavit of the chief administrative officer. (A) As used in section (1) of this rule, chief administrative officer means— 1. The president of a corporation; 2. The managing partner or a partnership; 3. The general partner of a limited partnership; and 4. The individual of a sole proprietorship. (B) If a consortium of financial participants is applying for a license and no formal chief administrative officer exists, the chief administrative officer of the largest financial participant shall sign the application. (2) The affidavit required by this rule shall set forth— (A) The application is made for a Class A license to own a track which will conduct pari-mutuel wagering; (B) The affiant is the agent of the applicant and is duly authorized to make the representations in the application on behalf of the applicant. 1. Documentary evidence of the authority of the agent must be attached to the affidavit and incorporated in it. 2. Documentary evidence may consist of— A. A resolution of the board of directors of a corporation; B. The partnership agreement of a limited partnership designating the affiant as the general partner; C. The partnership agreement of a general partnership designating the individual as the managing partner; D. The fictitious name filing for a sole proprietorship; and E. Any other document evidencing authority; (C) The applicant consents to inquiries by the Missouri Horse Racing Commission, its employees, staff and agents into the financial, character and other qualifications of the applicant; (D) That the applicant accepts any risk of adverse public notice, embarrassment, criticism or circumstance, including financial loss, which may result from action with respect to the application and expressly waives any claim which otherwise could be made against the state of Missouri, the Missouri Horse Racing Commission, its employees, staff or agents; (E) The affiant has— 1. Read the applicant’s identification and disclosures and knows the contents; and 2. The contents are true of the affiant’s own knowledge— A. Matters may be stated in the affidavit on information and belief; and B. On any matters stated on information and belief affiant must affirmatively state s/he believes the information to be true; (F) The applicant recognizes all representations in the application are binding on it and false or misleading information in the application, omission of required information or substantial deviation from representations in the application may result in denial, revocation or suspension of the license or imposition of a fine; (G) The applicant will comply with Article III, Section 39 (b) of the Missouri Constitution, any statutes governing pari-mutuel wagering and the rules of the commission; and (H) The affidavit must contain the following: 1. The organization on whose behalf the affiant is submitting the affidavit; 2. The affiant’s signature; 3. The affiant’s position; 4. The address and telephone number of the affiant; and 5. The date of signature. AUTHORITY: sections 313.580.1 and 313.600.9, RSMo 1986.* This rule originally filed as 12 CSR 50-11.030. Original rule filed June 17, 1986, effective Oct. 27, 1986. Moved to 11 CSR 45-51.030, effective Aug. 28, 1995. *Original authority: 313.580, RSMo 1986; 313.600, RSMo 1986.