Iowa Admin. Code r. 491-6.5 - Grounds for denial, suspension, or revocation of a license or issuance of a fine
The
(1) Does not qualify under the following
screening policy:
a. Applicants must be at
least 18 years of age to work in areas where gaming or wagering is
conducted.
b. Applicants must be at
least 16 years of age to be eligible to be licensed to work for a trainer of
racing animals.
c. A license shall
be denied if, within the last five years, an applicant has had:
(1) A felony conviction ;
(2) A conviction for an offense involving
theft or fraudulent practice in excess of $500;
(3) A conviction for an offense involving the
use of an alias in connection with fraud; or
(4) A conviction for an offense involving
ownership, operation, or an interest in any bookmaking or other illegal
enterprise or if the applicant is or has been connected with or associated with
any illegal enterprise.
If the
d. Unless sufficient evidence of
rehabilitation exists, a license shall be denied if any applicant has had:
(1) A conviction of a serious or aggravated
misdemeanor or the equivalent; or
(2) Multiple convictions of simple
misdemeanors.
e. A
license shall be temporarily denied or suspended until the outcome of any
pending charges is known if conviction would disqualify the applicant and the
commission representative determines that the applicant poses an immediate
danger to the public health, safety, or welfare of the patrons, participants,
or animals associated with a facility licensed under Iowa Code chapter 99D, 99E
or 99F.
f. A license shall be
denied if the applicant has an addiction to alcohol or a controlled substance
without sufficient evidence of rehabilitation, has a history of mental illness
without demonstrating successful treatment by a licensed medical physician or
physician assistant, or has a history of repeated acts of violence without
sufficient evidence of rehabilitation.
g. A license may be temporarily denied or a
probationary license may be issued until outstanding, overdue court-ordered
obligations are satisfied. These obligations include, but are not limited to,
criminal or civil fines, state or federal taxes, or conditions imposed upon the
applicant by a court of law that the applicant has failed to meet in a timely
manner.
h. A license may be denied
if an applicant is ineligible to participate in gaming in another state and it
would not be in the best interest of racing or gaming to license the applicant
in Iowa. A license shall be denied if an applicant is ineligible to participate
in racing in another state whose regulatory agency is recognized by and
reciprocates in the actions of this state.
i. A license shall be denied and not
reinstated if an applicant has been denied patron privileges by order of the
commission .
j. A license shall be
denied if the applicant falsifies the application form and would be ineligible
for licensure under one or more of the provisions set forth in
paragraphs"a" through "i" above. In other
cases of falsification, a license may be issued and the applicant shall be
subject to a suspension, fine, or both.
k. A license shall be denied if an applicant
is not of good repute or moral character. Any evidence concerning a licensee 's
current or past conduct, dealings, habits, or associations relevant to that
individual's character or reputation may be considered. The commission
representative shall decide what weight and effect evidence shall have in the
determination of whether there is substantial evidence that the individual is
not of good reputation or character. Applicants who hold positions of higher
responsibility may be held to a more stringent standard of conduct and
reputation than others with a less significant interest or role.
l. A license shall be denied if the applicant
is a board member of an internet fantasy sports contest service provider and is
under the age of 21.
(2)
Has not demonstrated financial responsibility or has failed to meet any
monetary obligation in the following circumstances connected with racing,
gaming, sports wagering , or an internet fantasy sports contest :
a.
Issuance or passing of bad
checks. No person shall write, issue, make, or present any check in
payment for any license fee, nomination fee, entry fee , starting fee, or purse
payment when that person knows or should reasonably know that the check will be
refused for payment by the bank upon which it is written, or that the account
upon which it is written does not contain sufficient funds for payment of the
check, or that the check is written on a closed or nonexistent
account.
b.
Judgments. Whenever any person licensed to engage in racing
suffers a final judgment entered against that person in any court of competent
jurisdiction within the United States, when that judgment is based wholly, or
in part, upon an indebtedness incurred by that person for supplies, equipment,
or services furnished in connection with racing, the commission representatives
shall schedule a hearing at which the licensee shall be required to show cause
as to why the license should not be suspended.
c.
Timely payment. Should an
owner fail to make timely payment of any jockey fee, nomination fee, entry fee ,
starting fee, or any other reasonable charge normally payable to the facility ,
the facility shall notify the commission representatives who shall in turn give
notice to the owner that a hearing will be held where the owner will be
required to show cause why the license should not be suspended for failure to
make the required payments.
(3) Has been involved in any fraudulent or
corrupt practices, including, but not limited to:
a. Offering, promising, giving, accepting, or
soliciting a bribe in any form, directly or indirectly, to or by a person
licensed by the commission to violate these rules or the laws of the state
related to racing, gaming, sports wagering or internet fantasy sports
contests.
b. Failing to report any
bribe or solicitation as in 6.5(3)"a" above.
c. Soliciting by any licensee , except the
facility , licensed advance deposit sports wagering operator or licensed
internet fantasy sports contest service provider of bets by the public.
d. Violation of any law of the
state or rule of the commission , or aiding or abetting any person in the
violation of any such law or rule.
e. Theft or deceptive practice of any nature
on the premises of a facility or in the performance of duties associated with
advance deposit sports wagering or internet fantasy sports contests.
f. Giving under oath any false statement or
refusing to testify, after proper notice, to the commission representative
about any matter regulated by the commission , except in the exercise of a
lawful legal privilege.
g. Failing
to comply with any request for information or any order or ruling issued by the
commission representative pertaining to a racing, gaming, sports wagering or
internet fantasy sports contest matter.
h. Disorderly or offensive conduct; use of
profane, abusive, or insulting language to, or interference with, commission
representatives or racing or gaming officials while they are discharging their
duties.
i. Conduct in Iowa or
elsewhere that has been dishonest, undesirable, or detrimental to, or reflects
negatively on, the integrity or best interests of racing, gaming, sports
wagering or internet fantasy sports contests.
j. Illegal sale, possession, receipt, or use
of a controlled substance or drug paraphernalia; intoxication; use of
profanity; fighting; making threatening or intimidating statements; engaging in
threatening or intimidating behavior; or any conduct of a disorderly nature on
facility premises.
k.
Discontinuance of or ineligibility for activity for which the license was
issued.
l. Possessing a firearm on
facility property without written permission from the commission
representative .
m. Improperly
influencing or attempting to improperly influence the results of a race, a
gambling game, a sporting event that is subject to sports wagering , or an
internet fantasy sports contest , singularly or in combination with any
person.
n. Failing to report any
attempt to improperly influence the result of a race, a gambling game, a
sporting event that is subject to sports wagering , or an internet fantasy
sports contest as in 6.5(3)"m" above.
o. Having had two rulings related to attempts
to affect a race result or odds (rulings for electrical devices, serious
positives, for example) in a lifetime or one ruling within the last three
years. A license may be issued if one ruling has occurred outside of three
years if sufficient evidence of rehabilitation exists. A license may be denied
if a lengthy record of rulings from other jurisdictions exists.
p. Possessing any equipment for hypodermic
injection, any substance for hypodermic administration, or any container
designed to hold an injectable substance (narcotics, medications, drugs, or
substances which could be used to alter the speed of racing animals) by anyone
other than a veterinarian licensed by the commission . Notwithstanding the
provisions of this subrule, any person may have possession of any chemical or
biological substance for the person's own treatment within a restricted area,
provided that, if the chemical substance is prohibited from being dispensed
without a prescription by any federal law or law of this state, the person is
in possession of documentary evidence that a valid prescription has been issued
to the person. Notwithstanding the provisions of this subrule, any person may
have in possession within any restricted area any hypodermic syringe or needle
for the purpose of self-administering to the person a chemical or biological
substance, provided that the person has notified the commission representatives
of the possession of the device, the size of the device, and the chemical
substance to be administered and has obtained written permission for possession
and use from the commission representative . A restricted area is a designated
area for sample collection, paddock, racetrack, or any other area where
officials carry out the duties of their positions.
q. Subjecting an animal to cruel and inhumane
treatment by failing to supply it with adequate food, water, medical treatment,
exercise, bedding, sanitation, and shelter; or by neglect or intentional act
causing an animal to suffer unnecessary pain.
r. Offering or receiving money or other
benefit for withdrawing a racing animal from a race.
s. Making a wager for a jockey by any person
other than the owner or trainer of the horse ridden by the jockey .
t. Making a wager for a jockey on a horse by
an owner or trainer other than that ridden by the jockey . This shall not be
construed to include bets on another horse in combination with the horse ridden
by the jockey in multiple wagering bets.
u. Offering or giving a jockey money or other
benefit concerning a race, except by the owner or trainer of the horse to be
ridden.
v. Entering or starting a
racing animal known or believed to be ineligible or disqualified.
w. Possessing any device designed to increase
or decrease the speed of a racing animal during a race other than an ordinary
riding whip without written permission from the commission
representative .
x. Communicating
with or contacting a person who is voluntarily excluded pursuant to Iowa Code
chapter 99 D or 99F for gaming-, wagering-, or internet fantasy sports
contest -related activities.
Notes
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