Section 11.04.01.008 - HORSEMEN'S GROUPFor purposes of these rules, whichever group was the recognized horsemen's group in 2004 is hereby designated as the existing horsemen's group.
01.Decertifying an Existing Horsemen's Group - Notice of Intent and Petition. Upon the filing with the Racing Commission of a notice of intent to decertify an existing horsemen's group by an alternate horsemen's group, the alternate horsemen's group has no more than six (6) months from the date of filing to acquire, on a petition, the signatures of twenty-five percent (25%) of the existing horsemen's group's licensed members. a. Contents of Notice. The notice of intent needs to contain the following:i. The name of the alternate horsemen's group;ii. The names of the principals of the horsemen's group;iv. The articles of incorporation and bylaws; andv. A copy of the petition as it will be circulated.b. No more than one (1) petition by any alternate horsemen's group to decertify an existing horsemen's group will be circulated at any given time.c. In addition, the alternate horsemen's group must submit the names of a minimum of fifty (50) members who are Idaho licensed owners or trainers.02.Racing Commission's Receipt of Petition. Upon receipt of a petition that meets the criteria set forth in Subsection of these rules, the Racing Commission will consider the petition and will validate the signatures found on said petition. Validation includes, but is not limited to, verification of current Idaho licensed owners and trainers and signature verification.a. If the validated signatures do not meet the requirements of these rules, the Racing Commission will notify the alternate and the existing horsemen's groups that no further action will be taken on the petition.03.Validating Signatures, Setting of Election Date, Conducting an Election. a. If the validated signatures are found to meet these requirements, the Racing Commission will set the date for the election prior to the next regularly scheduled meeting.b. A representative of the alternate horsemen's group must appear to answer any questions at the meeting at which signatures are validated.c. The existing horseman's group must conduct an election among the licensed members and report the results to the Racing Commission.d. A deciding vote of fifty percent plus one (50% + 1) of the ballots returned must be used to determine the one organization to be recognized as the horsemen's group, absent clear and convincing evidence that the election was fraudulent.04.Good Cause. Except for good cause, the Racing Commission will not conduct an election within eighteen (18) months of a prior election among the existing group's licensed members.Idaho Admin. Code r. 11.04.01.008