Iowa Admin. Code r. 491-6.2 - Occupational licensing
(1) Licensee staff
engaged in administration, control, conduct of gambling games, racing and
sports wagering and fantasy sports contest board members, with the exception of
certified law enforcement officers while they are working for the facility as
uniformed officers, are required to be properly licensed by the commission .
a. License applicants may be required to
furnish to the commission a set of fingerprints and may be required to be
refingerprinted or rephotographed periodically.
b. License applicants must supply current
photo identification and proof of their social security number and date of
birth.
c. License applicants must
complete and sign the application form prescribed and published by the
commission . An incomplete application shall not be processed. The application
shall state the full name, social security number, residence, date of birth,
and other personal identifying information of the applicant that the commission
deems necessary. The application shall include, in part, whether the applicant
has any of the following:
(1) A record of
conviction of a felony or misdemeanor, including a record involving the entry
of a deferred judgment and adjudications of delinquency;
(2) An addiction to alcohol or a controlled
substance;
(3) A history of mental
illness or repeated acts of violence;
(4) Military convictions;
(5) Adjudication of delinquency; or
(6) Overdue income taxes, fines,
court-ordered legal obligations, or judgments.
d. License applicants for designated
positions of higher responsibility may be required to complete a division of
criminal investigation (DCI) background form.
e. A fee set by the commission shall be
assessed to each license applicant . Once a license is issued, the fee cannot be
refunded.
f. License applicants
must pay an additional fee set by the Federal Bureau of Investigation (FBI) and
by the department of public safety (DCI and bureau of identification) to cover
the cost associated with the search and classification of
fingerprints.
g. All racing and
gaming commission fees for applications or license renewals must be paid by
applicants or licensees before a license will be issued or renewed or, if the
applicant is an employee of a facility, the commission fees will be directly
billed to the facility.
h. An
applicant who knowingly makes a false statement on the application is guilty of
an aggravated misdemeanor.
i.
Participation in racing and gaming, sports wagering , and internet fantasy
sports contests in the state of Iowa is a privilege and not a right. The burden
of proving qualifications to be issued any license is on the applicant at all
times. An applicant must accept any risk of adverse public notice,
embarrassment, criticism, or other action, as well as any financial loss that
may result from action with respect to an application.
j. All licenses are conditional until
completion of a necessary background investigation including, but not limited
to, fingerprint processing through the DCI and the FBI and review of records on
file with national organizations, courts, law enforcement agencies, and the
commission .
k. Any licensee who
allows another person use of the licensee 's license badge for the purpose of
transferring any of the benefits conferred by the license may be fined, have
the license suspended or revoked, or be subject to any combination of the
above-mentioned sanctions. No license shall be transferable.
l. It shall be the affirmative responsibility
and continuing duty of each applicant to provide all information,
documentation, and assurances pertaining to qualifications required or
requested by the commission or commission representatives and to cooperate with
commission representatives in the performance of their duties. A refusal by any
person to comply with a request for information from a commission
representative shall be a basis for fine, suspension, denial, revocation, or
disqualification.
m. Non-U.S.
citizens must supply documentation authorizing them to work in the United
States.
n. Portions of all
completed applications accepted by the commission are confidential. The
following persons have the explicit right to review all information contained
on the application: the applicant , all commission officials and employees, the
track steward, and DCI agents or other law enforcement officers serving in
their official capacity.
o. A
license may not be issued or held by an applicant who is unqualified, by
experience or otherwise, to perform the duties required.
p. A license may not be issued to applicants
who have not previously been licensed in the following occupations except upon
recommendation by the commission representative: trainers, assistant trainers,
jockeys, apprentice jockeys, exercise persons, and other occupations the
commission may designate. The commission representative may, for the purpose of
determining a recommendation under this subrule, consult a representative of
the facility, horsemen, or jockeys.
(2) All facility board members and internet
fantasy sports contest service provider board members shall undergo a
background investigation and be licensed immediately upon appointment. For the
purposes of this chapter, the term "board members" shall also include managers
of limited liability companies.
(3)
Multiple license restrictions.
a. A person may
work outside the licensed occupation as long as the person is licensed in an
equal or higher occupation .
b. In
horse racing only, the following restrictions apply:
(1) A person licensed as a jockey or
veterinarian may not be licensed in another capacity.
(2) A person may not be licensed as an owner
and a jockey agent.
(3) No racing
official may serve or act in another capacity at a race meeting at which that
person is licensed as an official except if there is no conflict of interest or
duties as determined by the commission representative.
(4) Application endorsements. The
responsibility of licensing an employee rests with the employer. Therefore, a
license may not be issued to any employee unless the application includes prior
endorsement of the facility 's authorized representative. All facilities must
submit a list of representatives authorized to sign applications. This list
shall not exceed six names. This authorization list shall be sent to the
commission licensing office associated with each facility.
(5) An applicant who has not held a license
for the previous calendar year shall be considered a first-time
applicant .
(6) Interim
identification badge.
a. All interim
identification badges issued by a facility must be recorded in a logbook, which
is available for inspection by commission or DCI representatives. The logbook
must reflect the following information: date issued; user's name and date of
birth (verified by photo ID); occupation; badge number; issuer; time issued;
and time returned. Badges shall only be issued on a daily basis and must be
returned before the employee leaves facility premises. A badge shall be
effective only until the commission licensing office's next day of business,
and may not be used to avoid obtaining a duplicate license.
b. A badge shall only be issued if:
(1) An employee is hired during a time that
the commission licensing office is closed; or
(2) An employee is not in possession of the
employee's occupational license.
Notes
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