Or. Admin. Code § 462-120-0040 - Types of Licenses
(1) Every
person, in order to obtain and maintain his/her qualifications for any license
held by him/her, shall attest to the knowledge of the rules and statutes,
including all amendments.
(2)
Licenses are personal in nature and expire upon the death of the licensee, and
therefore are void and without effect as a pre-requisite for the entry of a
horse.
(3)
(a) When the decedent was the sole owner the
only mechanism by which the horse(s) may be entered or run before the property
rights in those horses have been fully and completely transferred through
legacy, intestate succession or authorized sale, is as follows: upon
presentation of letter of administration or letters testamentary issued by a
court of competent jurisdiction, or small estate affidavit, the person named in
the letter or affidavit shall be licensed as an authorized agent of the estate
of the decedent and allowed to enter the horse(s) formerly owned by the
decedent, subject to any limitations imposed by the court.
(b) When the decedent was the owner in part,
the Board of Stewards may allow the horse(s) to be entered and raced by the
survivors provided any decedent's share of monies earned are held pending legal
transfer through legacy, intestate succession or authorized sale. In order for
this to be considered, the Board of Stewards must be presented with a letter of
administration or letters testamentary issued by a court of competent
jurisdiction, or small estate affidavit, the person named in the letter or
affidavit shall be licensed as an authorized agent of the estate of the
decedent and allowed to enter the horse(s) formerly owned by the decedent,
subject to any limitations imposed by the court.
(4) Each person described below must have a
valid license issued by the commission before participating in or beginning
employment at a licensed race meet:
(a) A race
meet license is required of any person or corporation who conducts pari-mutuel
racing.
(b) A horse owner's license
is required of every person who is shown as an owner or lessee on the horse's
registration papers or foal certificate, of every person who has a right to
receive any share of a purse of a horse racing in Oregon, of any lessor of any
horse racing in Oregon if that person receives any share of the purses won by
the leased horse(s), and of every person who owns or operates a stable which
races horses in a licensed race meet in Oregon, and any person who has a right
to receive any part of a stable owner's share of a purse of a horse racing in
Oregon. However, a licensed employee of a stable may receive, as part of the
employee's compensation, a percentage of the stable's earnings without having a
horse owner's license and without being shown on the registration papers.
(A) The trainer representing an owner may
file a temporary license application on behalf of the owner by signing the
application and paying the applicable license fees. The temporary license shall
be terminated if the applicant's fingerprints, completed application(s), and
such other documentation as may be required for license are not submitted to
the Commission within 30 days following the date of issuance of the license. In
the event of termination of a temporary license, the occupational license fee
shall be forfeited. Termination of a temporary license is without prejudice to
the applicant unless the Commission finds that the applicant has made a
material misrepresentation or false statement to the Commission to obtain a
license privilege. No more than one temporary license shall be issued to an
applicant without that applicant first submitting to the Commission such
fingerprints and completed applications as required under this
article.
(B) The stable owner must
disclose the employees' percentage to the commission in writing prior to any
payment to the employees. A spouse of an owner does not need to be licensed
unless the spouse's name appears on the horse's registration papers or foal
certificate. No person is eligible for a horse owner's license unless the
person has an officially documented ownership interest in a racehorse unless
otherwise approved by the stewards.
(c) An owner's license/prospective owner's
license with valid claim certificate is required of any person wishing to claim
a horse if they do not have an eligible race horse with its registration papers
on file in the race office.
(d) A
stable/assumed name owner's license is required if the name appears as an owner
on the registration papers of any animal racing in Oregon.
(e) A trainer's license is required of
persons employed by a racing animal owner or stable to condition and care for
racing animals racing in Oregon.
(f) An assistant trainer's license is
required of persons who assist trainers.
(g) Applicants for a horse trainer's license
or assistant horse trainer's license may be required to pass a written
examination given by the board of stewards and a commission veterinarian to
demonstrate they have the knowledge and ability to handle the duties of their
position. Any person who has not been licensed as trainer or assistant trainer
in Oregon may be required to submit to a practical exam given by a commission
representative and/or a representative of the recognized horsemen's association
for the breed with which the applicant wishes to work. The stewards shall
consider any recommendation received from the commission representative or the
horsemen's association representative. Applicants for a trainer's license must
have held a license in a backside license category for a period of at least two
years and must have the recommendation of at least 3 trainers currently
licensed by the commission prior to being granted a trainer's license.
Applicants for an assistant trainer's license must have been licensed in a
backside license category for a period of at least one year prior to being
granted an assistant trainer's license.
(h) A jockey license or apprentice jockey
license is required of any person who rides a horse in a race. However, when
there is doubt as to a jockey's experience or ability, the stewards may require
an applicant for a jockey license or apprentice jockey license to demonstrate
the ability to control a horse and to ride in two or more races before a
license is issued. Also, the starter may require applicants to satisfactorily
demonstrate their ability to control horses out of the gate. Should the jockey
not be able to perform at a satisfactory level at the gate or during the race
the license may be revoked by the stewards until such time the jockey can
demonstrate adequate skills. All jockeys must pass physical examinations once a
year. A physical examination must include but is not limited to a vision test
and urine and/or blood tests. Jockeys must produce proof of passage of the
physical examination upon request of the stewards within a reasonable time as
determined by the stewards. A physicians annual examination certificate or a
physician's release will be seen as initial proof of passage of such annual
physical examination; however, the stewards may require additional information
as to how, where, when, and with what results, the examination was performed.
The stewards may require that any jockey be re-examined and may refuse to allow
any jockey to ride until he/she successfully completes such
re-examination.
(i) An exercise
rider license is required of any persons, other than licensed jockeys or
apprentice jockeys, who exercise or work out horses. The stewards may require
evidence of competency.
(A) Except as
otherwise provided under this rule, an applicant for a provisional exercise
rider license shall provide evidence that an Oregon licensed trainer employs
him or her by submitting a notarized Provisional Exercise Rider Agreement. The
notary acknowledgement is not necessary if the Agreement is signed before a
Commission employee. The form shall be available at Commission licensing
offices at live race meetings, and at Commission headquarters
offices.
(B) A licensed provisional
exercise rider shall:
(i) Not enter the track
without the permission of the outrider and, unless the outrider states
otherwise, shall be accompanied by the mounted trainer/ employer or the
trainer's assistant trainer while on the track.
(ii) While on the track wear a helmet cover
and vest cover of a distinctive color as determined by the outrider.
(C) A provisional exercise rider
may apply for a license as an exercise rider 60 calendar days after the date of
issuance of their provisional exercise rider license.
(i) When applying for licensure as an
exercise rider, the provisional exercise rider shall demonstrate proficient
abilities to carry out the duties of an exercise rider to the outrider, the
starter and a steward. The outrider, the starter and the steward shall certify
to the Oregon Racing Commission licensing department either verbally or in
writing that the applicant has:
(ii) Been observed riding one or more horses
on the racetrack to the extent necessary for the outrider and starter to
determine if the applicant has demonstrated an ability to safely navigate and
respond to track conditions and knowledge of starting gate
procedures.
(D) An
applicant who fails to adequately demonstrate horsemanship or who fails the
written examination may reapply for a license as exercise rider after a period
of at least 90 days.
(j)
A pony rider license is required of any person who, while on horseback, leads
horses to and from the stable area and paddock, or from the paddock to the
starting gate. The stewards may require evidence of competency.
(k) A horseshoer license is required of any
person who performs the usual services of a horseshoer on a racecourse.
Farriers who have not been previously licensed by the commission must submit an
application accompanied by the written recommendation of three trainers who are
licensed by the commission, recommendation of the track plater or have a
certificate of completion from an approved Farrier school. The recommendations
must include a statement that the trainer knows the farrier to be qualified to
be licensed as a farrier. All farriers not previously licensed by any racing
jurisdiction may be subject to examination as directed by the stewards, prior
to licensing.
(l) A groom's license
is required of any person not licensed as an assistant trainer who works for a
trainer. A groom, upon discontinued employment by a trainer, must surrender
their license to security or commission licensing personnel within 10 days, to
be returned when employed during the license period. A groom's license is not a
freelance license.
(m) A public
training track owner's license is required of every person who owns or manages
a public training track.
(n) A
license issued by the Oregon Veterinary Medical Examining Board is required of
any veterinarian employed by, or contracted by, the Oregon Racing Commission to
perform veterinary services on an Oregon racecourse. On or shortly after
January 1st of each calendar year, the Oregon Racing Commission Licensing
Office shall provide the Oregon Racing Commission's Chief Veterinarian with a
list of all veterinarians currently licensed by the Oregon Racing Commission
and request that the Chief Veterinarian confirm that all such commission
licensees remain actively licensed by, and are in good standing with, the
Oregon Veterinary Medical Examining Board. The Oregon Racing Commission's Chief
Veterinarian shall report their findings to the Oregon Racing Commission's
Licensing Department prior to the commencement of each year's horse racing
season. The Licensing Department will document the status of each veterinarian
in the Oregon Racing Commission's licensing database.
(o) A valet/assistant starter license is
required of any person who assists or attends jockeys in the jockey room or
saddling paddock, or assists the starter at the starting gate.
(p) Each owner, officer, director, all
employees of the race meet licensee employed at a racecourse and its
contractees must be licensed by the Oregon Racing Commission except:
(A) Contractees who perform most of their
principal functions away from the racecourse such as certified accountants,
attorneys, insurance brokers, advertising agents and other similar
contractors.
(B) Other contractors
or individuals designated by the commission.
(q) A vendor's license is required of any
person, other than a veterinarian licensed by the Oregon Racing Commission, who
solicits the sale of goods or services (used to feed, care for, or equip racing
animals) to racing animal owners, stable owners or trainers on a
racecourse.
(r) An authorized
agent's license is required of authorized agents.
(A) A licensed owner may register an
authorized agent by filing an application to register an authorized agent with
the commission and by paying the fee set by the commission. No person shall be
registered as an authorized agent who is ineligible for a license. An
authorized agent may act for the registering owner as set forth in the
application form. No authorized agent may sign on behalf of any owner the
certificate of registration for any racing animal in the absence of a valid
power of attorney authorizing such signature.
(B) No authorized agent may perform any
duties until such person is licensed and has filed with the commission a
current written instrument signed by the principal before a notary public or
before an employee of the commission. The instrument must clearly set forth the
powers given to the authorized agent. Any power to collect money from the race
meet licensee must be expressly stated in the written instrument. Upon
licensing, each authorized agent must file a copy of the written instrument
with the paymaster of purses.
(C)
Any changes in the powers delegated by the principal to the authorized agent
must be made in writing, witnessed, and filed with the commission and the
paymaster of purses.
(D) Unless due
to expiration of the license or term agreement set forth in the written
instrument, any revocation by the principal of the authorized agent's authority
must be made in writing, witnessed, and filed with the commission and the
paymaster of purses.
(s)
A jockey agent's license is required of any person who makes engagements for or
manages a jockey.
(t) A racing
official license is required of anyone performing the duties of any racing
official position.
(A) Racing officials shall
be listed by name and racing official position on the race meet licensee
application and approved by the commission. After the initial approval of race
officials, any change in the position held by a racing official from one
category to another must be approved by the stewards or commission.
(B) A racing official may work as an
assistant starter or valet without obtaining additional licenses, provided it
doesn't interfere with the official duties of the racing official. However,
assistant starters and valets must be licensed as a racing official to perform
the functions of a racing official.
(5) Working members of the media who are not
employed by a race meet licensee do not need to be licensed in order to enter
restricted areas. However, they must display a current valid "press" badge at
all times when in a restricted area. Prior approval must be obtained from the
stewards or office of the race meet licensee during non-race time, and they
must be escorted by a race meet licensee representative while in the restricted
area.
Notes
Statutory/Other Authority: ORS 462.250
Statutes/Other Implemented: ORS 462.020
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.