Utah Admin. Code R52-7-5 - Occupation Licensing and Registration
1. Occupation Licenses. A person required to
be licensed may not participate in a race meeting without their holding a valid
license authorizing participation. Licenses shall be obtained before the time
persons engage in their vocations upon racetrack grounds at any time during the
calendar year for which the organization license has been issued. Each
applicant will be required to provide one form of photo identification.
A. A person whose occupation requires acting
in any capacity within any area of an enclosure shall pay the required fee and
procure the appropriate license or licenses.
B. A person acting in any of the following
capacities shall pay the required fee and procure the appropriate license or
licenses. A list of required fees shall be available at the Department.
a. owner trainer combination;
b. owner;
c. trainer;
d. assistant trainer;
e. jockey;
f. veterinarian;
g. pony rider;
h. valet; or
i. groom;
C. A person whose license identification
badge is lost or destroyed shall procure a replacement license identification
badge and shall pay the required fee.
D. The date of payment of required fees, as
recorded by the Commission, shall be the effective date of issuance of a
continuous occupation license.
a. A person may
have the option of a one or three-year license.
b. The license shall expire on December 31 of
the first or third year after the license is issued.
E. Applicants for occupation licenses must be
a minimum of 16 years of age. However, this may not preclude dependent children
under the age of 16 from working for their parents or guardian if their parents
or guardian are licensed as a trainer or assistant trainer and permission has
been obtained from the organization licensee. A trainer or their authorized
representative signing a Test Barn Sample Tag shall be licensed and a minimum
of 18 years of age.
2.
Employment of Unlicensed Person. No organization, owner, trainer, or other
licensee acting as an employer within the enclosure at an authorized race
meeting shall employ or harbor within the enclosure any person required to be
licensed by the Commission until the organization, owner, trainer, or other
employer determines that the person required to be licensed has been issued a
valid license by the Commission. No organization shall permit any owner,
trainer, or jockey to own, train, or ride on its premises during a recognized
race meeting unless the owner, trainer, or jockey has received a license to do
so from the Commission. The organization or prospective employer may demand for
inspection the license of any person participating or attempting to participate
at its meeting, and the organization may demand for inspection the documents
relating to any horse on its grounds.
3. Notice of Termination. Any organization,
owner, trainer, or other licensee acting as an employer within the enclosure at
an authorized race meeting shall be responsible for the immediate notification
to the Commission and the organization conducting the race meeting of a
termination of employment of a licensee. The employer shall make every effort
to obtain the license badge from the employee and deliver the license badge to
the Commission.
4. Application for
License. An applicant for license shall apply in writing on the application
forms furnished by the Commission.
5. License Identification Badge Requirements.
The license identification badge may consist of the following information
concerning the licensee:
A. full
name;
B. permanent
address;
C. license
capacity;
D. date of
issue;
E. passport-type color
photograph; and
F. date of
birth.
G. License identification
badges may be color coded as to capacity of occupation and eligibility for
access to restricted areas. License holders, except jockeys riding in a race,
shall wear a current identification badge while present in restricted areas of
the enclosure or as otherwise specified in Subsection
R52-7-5(1).
6. Honoring Official Credentials.
Credentials issued by the Commission may be honored for admission at any gates
and entrances and to any places within the enclosure. Automobiles with vehicle
decals issued by the Commission to its members and employees shall be permitted
ingress and egress at any point. Credentials issued by the National Association
of State Racing Commissioners to its members, past members, and staff shall be
honored by the organization for admission into the public enclosure when
presented therefore by such persons.
7. License Subject to Conditions and
Agreements.
A. Each license is subject to the
conditions and agreements contained in the application and to state
law.
B. Each license issued to a
licensee by the Commission remains the property of the Commission.
C. Possession of a license does not confer
any right upon the holder to employment at or participation in a
race.
D. The Commission may
restrict, limit, place conditions on, or endorse for additional occupational
classes, any license, pursuant to Subsection
R52-7-5(9).
8. Changes in Application Information. Each
licensee or applicant for license shall file with the Commission their
permanent and current mailing address and shall report in writing to the
Commission any changes in application information.
9.
A. In
accordance with Section
4-38-301, the Commission or Board
of Stewards may fine, suspend a license, or deny an application for a
license.
B. The Commission may
revoke a license if a licensee has committed any of the violations in
Subsection 4-38-301(4).
10. Examinations. The Commission may require
the applicant for any license to demonstrate their knowledge, qualifications,
and proficiency for the license applied for by examination as the Commission
may direct. This may include testing and minimum passage rate
requirements.
11. Refusal Without
Prejudice. A refusal to issue a license, as distinguished from a denial of a
license to an applicant by the Commission at any race meeting is without
prejudice, and the applicant refused may reapply for a license at any
subsequent or other race meeting, or they may appeal the refusal to the
Commission for hearing upon their qualifications and fitness for the
license.
12. Hearing After Denial
of License. Any person who has had their license denied may petition the
Commission to reopen the case and reconsider its decision upon a sufficient
showing that there is now available evidence which could not, with the exercise
of reasonable diligence, have been previously presented to the Commission. Any
petition shall be filed with the Commission no later than 30 days after the
effective date of the Commission's decision in the matter. Any person who has
been denied a license by the Commission may not refile a similar application
for license until one year from the effective date of the decision to deny the
license.
13. Physical Examination.
A jockey shall pass a physical examination given the current year by a licensed
physician affirming fitness to participate as a jockey before race
day.
14. Qualifications for Jockey.
A person under 16 years of age may not be granted a jockey's license. A person
who has never ridden in a race at a recognized meeting may not be granted a
license as jockey unless they have satisfactorily worked a horse from the
starting gate in company, before the Stewards or their representatives. Upon
the recommendation of the Stewards, the Commission may issue a jockey's license
granting permission to a person to ride in not more than four races to
establish the qualifications and ability of the person for the license.
Subsequently, the Stewards may recommend the granting of a jockey's
license.
15. Jockey Agent. A jockey
agent is the authorized representative of a jockey if they are registered with
the Stewards and licensed by the Commission as the Jockey's representative. No
jockey agent shall represent more than two jockeys at the same time.
16. Workers' Compensation Act Compliance. No
person may be licensed as a trainer, owner, or in any other capacity in which
the person acts as the employer of any other licensee at any authorized race
meeting, unless their liability for Workers' Compensation has been secured in
accordance with Title 34A, Chapter 2, the Workers' Compensation Act of Utah and
until evidence of security for liability is provided the Commission. Should any
required security for liability for Workers' Compensation be canceled or
terminated, any license held by such person shall be automatically suspended
and shall be grounds for revocation of the license. If a license applicant
certifies that they have no employees that would subject them to liability for
Workers' Compensation, they may be licensed, but only for the period they have
no employees.
17. Program Trainer
Prohibited. A licensed trainer, to avoid their responsibilities or insurance
requirements as outlined in this rule, may not place any horse in the care or
attendance of any other trainer.
18. Qualifications for License as Horse
Owner. No person may be licensed as a horse owner who is not the owner of
record of a properly registered race horse that they intend to race in Utah and
which is in the care of a licensed trainer, or who does not have an interest in
such race horse as a part owner or lessee, or who is not the responsible
managing owner of a corporation, syndicate, or partnership that is the legal
owner of such horse.
19. Horse
Ownership by Lease. Horses may be raced under lease provided a completed
Commission, breed registry, approved pari-mutuel, or other lease form
acceptable to the Commission, is attached to the Registration Certificate and
on file with the Commission. The lessor and lessee shall be licensed as horse
owners. No lessor shall execute a lease to avoid insurance
requirements.
20. Statements of
Corporation, Partnership, Syndicate or Other Association or Entity. Any
organizational documents of a corporation, partnership, syndicate, or other
association or entity, and the relative proportion of ownership interest, the
terms of sales with contingencies, arrangements, or leases, shall be filed with
the Horsemen's Bookkeeper of the organization and with the Commission. The
documents shall declare to whom winnings are payable, in whose names the horses
shall be run, and the name of the licensed person who assumes any
responsibilities as the owner. The part owner of any horse may not assign their
share or any part of it without the written consent of the other partners, and
consent shall be filed with the Horsemen's Bookkeeper and the Commission. A
person conducting racing operations as a corporation, partnership, syndicate,
or other association or entity shall register the information required by this
rule and pay the required fee for the appropriate entity.
21. Stable Name Registration. A person
electing to conduct racing operations by use of a stable name shall register
the stable name and shall pay the required fee.
A. The applicant shall disclose the identity
or identities of persons comprising the stable name.
B. Changes in identities shall be reported to
and approval shall be obtained from the Commission immediately.
C. A person may not register more than one
stable name at the same time nor use their real name for racing purposes so
long as they have a registered stable name.
D. Any person who has registered under a
stable name may cancel the stable name after they have given written notice to
the Commission.
E. A stable name
may be changed by registering a new stable name and by paying the required
Fee.
F. A person may not register a
stable name that has been registered by any other person with any organization
conducting a recognized race meeting.
G. A stable name shall be clearly
distinguishable from that of another registered stable name.
H. The stable name, and the name of the owner
or managing owner, shall be published in the official program. If the stable
name consists of more than one person, the official program will list the name
of the managing owner along with the phrase "et al."
I. If a partnership, corporation, syndicate,
or other association or entity is involved in the identity comprising a stable
name, the rules covering a partnership, corporation, syndicate or other
association or entity shall be complied with and the usual fees paid therefore
in addition to the fees for the registration of a stable name.
22. Ownership Licensing Required.
The ownership licensing procedures required by the Commission shall be
completed before the horse starting in a race and shall include any
registrations, statements, and payment of fees.
23. Knowledge of Rules. Each licensee, to
maintain their qualifications for any license held by them, shall be familiar
with and knowledgeable of the rules, including any amendments. Each licensee is
presumed to know the rules.
24.
Certain Prohibited Licenses. Commission-licensed jockeys, veterinarians,
organizations' security personnel, vendors, and other licensees designated by
the Stewards with approval of the Commission, may not hold any other license.
The Commission may refuse to issue a license to a person whose spouse holds a
license and which, in the opinion of the Commission, would create a conflict of
interest.
Notes
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