Mo. Code Regs. tit. 11 § 45-53.030

Current through Register Vol. 49, No.12, June 17, 2024

Section 11 CSR 45-53.030 - Applicant's Affidavit

PURPOSE: This rule sets forth the contents of the applicant's affidavit which must accompany the application for Class D license.

(1) The application for Class D license must be accompanied by an affidavit of the chief administrative official of the State Department of Agriculture, county entity or contractor operating for one (1) of these entities setting forth-

(A) The application is made for a Class D license to conduct pari-mutuel wagering at a specific county fairgrounds or the state fairgrounds and that the wagering will be operated under the supervision of the Department of Agriculture or of the county as defined in 12 CSR 50-13.010; or by a contractor operating for one (1) of these entities;

(B) The affiant is the agent of the applicant and is duly authorized to make the representations in the application on behalf of the Department of Agriculture or the appropriate county entity or as operating contractor;

1. Documentary evidence of the authority of the agent must be attached to the affidavit and incorporated in it.

2. If the applicant is the director of the Department of Agriculture or an elected county official, his/her statement to that effect under oath shall constitute sufficient documentation;

(C) The applicant consents to inquiries by the Missouri Horse Racing Commission, its employees, staff and agents into the financial, character and other qualifications of the applicant;

(D) That the applicant accepts any risk of adverse public notice, embarrassment, criticism or circumstance, including financial loss, which may result from action with respect to the application and expressly waives any claim which otherwise could be made against the state of Missouri, the Missouri Horse Racing Commission, its employees, staff or agents;

(E) The affiant has-

1. Read the applicant's identification and disclosures and knows the contents; and

2. The contents are true of the affiant's own knowledge.

A. Matters may be stated in the affidavit on information and belief.

B. On any matters stated on information and belief, the affiant must affirmatively state s/he believes the information to be true;

(F) The applicant recognizes all representations in the application are binding on it and false or misleading information in the application, omission of required information or substantial deviation from representations in the application may result in denial, revocation or suspension of the license or imposition of a fine;

(G) The applicant will comply with the Article III, Section 39(b) of the Missouri Constitution, any statutes governing pari-mutuel wagering and the rules of the commission; and

(H) The affidavit must contain the following:

1. The organization on whose behalf the affiant is submitting the affidavit;

2. The affiant's signature;

3. The affiant's position;

4. The address and telephone number of the affiant; and

5. The date of signature.

11 CSR 45-53.030

AUTHORITY: sections 313.580.1 and 313.600.9, RSMo 1986.* This rule originally filed as 12 CSR 50-13.030. Emergency rule filed June 5, 1986, effective June 15, 1986, expired Oct. 13, 1986. Original rule filed June 12, 1986, effective Oct. 27, 1986. Amended: Filed May 15, 1987, effective Sept. 24, 1987. Moved to 11 CSR 45-53.030, effective Aug. 28, 1995.

*Original authority: 313.580, RSMo 1986; 313.600, RSMo 1986.