RELATES TO: KRS 230.215, 230.260
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) vests the
Kentucky Horse Racing and Gaming Corporation with the authority to promulgate
regulations prescribing conditions under which all legitimate horse racing and
wagering thereon is conducted in the Commonwealth. KRS 230.215(2) and
230.260(8) authorize the corporation to promulgate administrative regulations
prescribing the conditions under which racing shall be conducted in Kentucky.
This administrative regulation establishes the requirements for authorized
owner and jockey agents.
Section 1.
Agents Permitted. A licensed owner, jockey, or apprentice jockey may authorize
another person as an agent to act on the licensee's behalf in matters
pertaining to racing in this state and transfer of horses on association
grounds, provided the authorization is in writing and defines the powers,
limits, and term of the agency.
Section
2. License Required. No person shall act as agent on behalf of
another licensee in a matter pertaining to racing in this state, or in the
transfer of horses on association grounds, without a current license.
Section 3. Owners' Authorized Agents.
(1) If an authorized agent acts on behalf of
more than one (1) owner, a separate agent license shall be obtained by each
owner.
(2) An owner seeking to act
through an authorized agent shall submit a completed Authorized Agent License
Application, KHRC 2-060-01. An application submitted by an owner for an
authorized agent license shall be accompanied by the original written agency
appointment, signed by the owner and notarized.
(3) If the agency appointment is other than
one authorizing broad general powers and qualifies or limits powers of the
agent to act on behalf of the principal, then the license, if issued, shall
indicate the limitation by the word "qualified" or "limited."
(4) No racing official shall permit an
authorized agent whose license indicates a qualified or limited agency to act
as an authorized agent until the racing official has inspected a copy of the
agency appointment and ascertains whether the act is empowered by
agency.
(5) Unless precluded by
specified limitations in the agency appointment, a licensed authorized agent
may perform on behalf of the licensed owner acts related to racing in this
state or transfer of horses on association grounds that could be performed by
the principal had the principal been present. In executing a document on behalf
of the principal, an authorized agent shall clearly indicate he or she is
acting as an authorized agent and shall specify the principal for whom he or
she is acting. When an authorized agent enters a claim for the account of a
principal for whom he or she is licensed as an authorized agent, the name of
the licensed owner for whom the claim is being made and the name of the
authorized agent shall appear on the claim slip.
Section 4. Jockey Agents.
(1) No jockey agent shall make engagements
for more than two (2) riders. No rider shall be represented by two (2) jockey
agents at one (1) time.
(2) No
person other than a licensed jockey agent shall make riding engagements for a
rider, except that a jockey not represented by an agent may make his own riding
engagements. A person permitted to make a riding engagement for a rider shall
maintain in his or her possession an engagement book and shall record all
riding engagements made, which shall be subject to examination by the stewards
at any time. No jockey agent shall enter the jockey room, paddock, or racing
strip during the hours of racing.
(3) A dispute arising from a conflict of
claims for the services of a rider shall be determined by the stewards on the
basis of written records submitted by the parties involved.
Section 5. Termination of Agency.
An agency shall remain in effect until written notification of revocation from
the principal is received by the corporation. If a jockey agent is dismissed by
his employer, or if a jockey agent discontinues making engagements for a rider,
then the jockey agent shall immediately notify the stewards and turn over to
the clerk of scales a list of any unfulfilled engagements the jockey agent may
have made for the rider.
Section 6.
Incorporation by Reference.
(1) "Authorized
Agent License Application", KHRGC 2-060-01 11/2018, is hereby incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, from the
Kentucky Horse Racing and Gaming Corporation, 4047 Iron Works Parkway,
Lexington, Kentucky 40511, Monday through Friday, 8 a.m. to 4:30 p.m. This
material is also available on the KHRC Web site at
http://khrc.ky.gov.