Title of Regulation: 11VAC10-50. Racing Officials (amending 11VAC10-50-10, 11VAC10-50-70).

Statutory Authority: § 59.1-369 of the Code of Virginia.

Effective Date: July 8, 2019.

Agency Contact: Kimberly Mackey, Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7406, or email kimberly.mackey@vrc.virginia.gov.

Summary:

The amendments (i) eliminate the "every five year" fingerprint requirement, giving the commission discretion to require fingerprints based on the type of permit and responsibilities of the individual applying for a racing official permit and (ii) allow for the use of microchips and digital tattoos to identify horses entering the paddock.

Part I
General

11VAC10-50-10. Generally.

No racing official shall participate in any horse racing subject to the jurisdiction of the commission or in the conduct of a race meeting or pari-mutuel wagering of the race meeting unless the person possesses a permit from the commission and complies with the provisions of the Act of the General Assembly creating Horse Racing and Pari-Mutuel Betting Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia and the regulations of the commission. Permits issued by the commission are not transferable.

A. Application for permit. A person desiring to obtain a permit as a racing official shall make an application for a permit on a form prescribed by the commission. The application shall be accompanied by a fee prescribed by the commission and shall include the cost of fingerprinting and a background investigation. The applicant shall be fingerprinted upon making his initial application in the Commonwealth and at least once every five years thereafter. However, the commission, in its discretion, may require fingerprints from any applicant or holder of a permit at any time. The application shall be verified by the oath or affirmation of the applicant. In addition, the applicant shall demonstrate that he:

1. Is of good moral character and reputation;

2. Is experienced in horse racing;

3. Is familiar with the duties the applicant is applying to do and with the regulations of the commission;

4. Possesses the mental and physical capacity to perform the duties of the position; and

5. An applicant whose vision is essential to the performance of his duties shall take and satisfactorily pass an optical examination every two years. The eye examination results must show natural or corrected 20-20 vision and an ability to distinguish colors correctly.

B. Fee schedule. Before submitting an application for a permit as a racing official, the applicant shall consult the fee schedule of the Virginia Racing Commission to ascertain the applicable fee, make out a check or money order payable to the Virginia Racing Commission or pay in cash the full amount of the fee, and submit the fee with the application.

C. Consideration by commission. The commission shall promptly consider an application and shall issue or deny the permit based on information in the application and all other information before it the commission, including any investigation it the commission deems appropriate. If an application is approved, the commission shall issue a permit, and the permit shall be valid for one year.

D. Denial of application. The commission shall deny the application, if it finds that the issuance of a permit to a person as a racing official would not be in the interests of the people of the Commonwealth, or the horse racing industry of the Commonwealth or would reflect adversely on the honesty and integrity of the horse racing industry in the Commonwealth. The commission shall also deny the application, if it finds that the applicant:

1. Has knowingly made a false statement of a material fact in the application, or has deliberately failed to disclose any information requested by the commission;

2. Is or has been guilty of any corrupt or fraudulent practice or conduct in connection with any horse race meeting in this or any other state;

3. Has knowingly failed to comply with the provisions of the Act Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia or the regulations of the commission;

4. Has had a permit to engage in activity related to horse racing denied for just cause, suspended, or revoked in any other jurisdiction, and such denial, suspension, or revocation is still in effect;

5. Is unqualified to perform the duties required for the permit sought; or

6. Has been convicted of a misdemeanor or felony involving unlawful conduct or wagering, fraudulent use of a credential, unlawful transmission of information, touting, bribery, administration or possession of drugs, or any felony considered by the commission to reflect adversely on the horse racing industry in the Commonwealth.

E. Denial is final. The denial of an application by a person as a racing official shall be final unless an appeal is made by the applicant under the provisions of these the regulations of the commission.

F. Prohibited activities for racing officials. No racing official or any assistant of a racing official, while serving at any race meeting licensed by the commission, shall engage in any of the following activities:

1. Participating in the sale, purchase, or ownership of any horse which that is racing at a meeting where the racing official is serving;

2. Being involved in any way in the purchase or sale of any contract on any jockey racing at the meeting;

3. Wagering at race meetings licensed by the commission;

4. Accepting any gratuity or payment, other than regular wages or salary, directly or indirectly; or

5. Engaging in any activity that would impair a racing official's judgment or to function in his assigned capacity.

G. Reporting violations. Every racing official, and any assistant, is are responsible to report immediately to the stewards every observed violation of these the regulations of the commission as well as all violations of state and federal laws during the race meeting.

H. Single appointment. No racing official may hold more than one official position, unless at the request of the licensee or on its own motion the commission determines that, the holding of more than one appointment would not subject the official to a conflict of his interests and duties in the two official positions.

I. Emergency appointment. Any racing official who desires to leave his position or is unable to fulfill his responsibilities must first obtain permission from the commission. The licensee shall promptly appoint a successor, subject to the issuance of the appropriate permit by the commission. In the event of an emergency and the licensee is unable to appoint a successor in time to permit the orderly conduct of racing, the stewards shall immediately appoint a temporary successor.

J. Notification of commission. The list of racing officials to be employed by the licensee shall be submitted to the commission no later than 30 days prior to the opening of the race meeting. The licensee shall be responsible for submitting an application for each racing official who has not been previously issued a permit by the commission no later than 60 days prior to the opening of the race meeting.

K. Fine, suspension, and revocation. A racing official may be fined, be suspended, or have his permit revoked at any time by the commission for incompetence, failure to follow or enforce the commission's regulations, or any conduct detrimental to horse racing. The disciplinary action of the commission shall be final unless the racing official appeals the action under the provisions of this chapter.

L. Attendance at proceedings. A racing official shall attend, when requested by the stewards or commission, any hearing, appeal, or proceeding where his testimony may be material in arriving at a determination of the matter.

M. Interference with other officials. A racing official shall not interfere with the deliberations or the decision-making of other racing officials.

11VAC10-50-70. Horse identifier.

The licensee shall appoint a qualified person to act as horse identifier for the race meeting. The horse identifier shall be responsible for the proper identification of all horses entered to race. Among the duties of the horse identifier are:

1. Accompanying the commission's or licensee's veterinarian upon request during the prerace examination of all horses entered to race so as to ascertain their identity;

2. Examining every horse entered to race in the paddock for sex, age, color, markings, lip-tattoo, digital tattoo, microchip, or freeze brand number and name for comparison with the information contained on the certificate of registration;

3. Using photographs, if they exist, as an aid in identifying horses entered to race, during the prerace examination and in the paddock prior to racing;

4. Notifying both the stewards and paddock judge of any doubts he has concerning the identity of any horse entered to race; and

5. Assisting the racing secretary in the safekeeping of certificates of registration, eligibility certificates, and racing permits, and the recording any information required to be entered on these documents.

FORMS (11VAC10-50)

Application for Participants (rev. 02/07).

Application for Participants (rev. 9/2018)