N.J. Admin. Code § 13:70-1.42 - Continuation of certain race events in event of declared state of emergency

(a) In the event that a state of emergency is declared due to the failure to enact a general appropriation law by the deadline prescribed by the New Jersey Constitution, which prevents employees of the Racing Commission from performing their normal duties, a holder of a permit to conduct a horse race meeting may continue to hold scheduled races and simulcast operations for a period not to exceed seven calendar days.

(b) A permit holder wishing to be eligible to continue to hold scheduled races and simulcast operations pursuant to (a) above shall provide advance notice to the Racing Commission and shall present a list to the Commission on or before June 1st identifying all persons who will be hired pursuant to (d) and (e) below. Such notice shall be provided to the Racing Commission in writing in each and every calendar year in which the permit holder wishes to be considered eligible to continue to race in the event that a state of emergency may be declared. The permit holder shall identify in that notice which of the previously scheduled races will be held during the seven-day period.

(c) A permit holder conducting a horse race meeting pursuant to (a) above shall comply with all relevant provisions of the New Jersey Constitution and all relevant statutes and rules. In addition, the permit holder shall maintain detailed, written records of that compliance.

(d) A permit holder who chooses to race and continue simulcast operations shall ensure that qualified persons are hired to fill the necessary regulatory positions set forth in (e) below in order for racing to continue. Persons hired by the permit holder shall be able to serve in these positions without an impermissible conflict of interest or violation of the ethics laws. The permit holder shall specify the qualifications and experience of each person on the list and identify the regulatory position to be filled by each identified person.

(e) The permit holder shall ensure that the following positions shall be filled with qualified persons at each track that is racing pursuant to (a) above:

1. Three Stewards/Judges;

2. Four Veterinarians;

3. Two Mutuel Managers;

4. Eight Specimen Collectors; and

5. One Investigator.

(f) All personnel hired to fill the positions set forth in (e) above shall be present at all races held by the permit holder and shall be responsible for insuring compliance with all applicable statutory and regulatory provisions.

(g) All samples collected for all race meetings held pursuant to (a) above shall be maintained at the track in a manner designed to insure their integrity and preservation. All samples shall be sent to the State Police Equine Testing Lab for analysis once the state of emergency has been terminated.

(h) Any application for a stay of any penalty previously imposed by the Racing Commission, or of a penalty that is imposed by the stewards or judges during the period covered by this section (which application is filed during the period covered by this section) shall be addressed directly to the Superior Court, Appellate Division.

Notes

N.J. Admin. Code § 13:70-1.42

New Rule, R.2011 d.017, effective 1/3/2011.
See: 42 N.J.R. 1849(a), 43 N.J.R. 56(c).