W. Va. Code R. § 178-2-35

Current through Register Vol. XLI, No. 39, September 27, 2024

Section 178-2-35 - Permit Holders

35.1. Kennel Owner.

35.1.a. A kennel owner who desires to race under a kennel name must apply for and obtain an occupational permit from the Racing Commission under the kennel name.

35.1.b. A trainer, who holds an occupational permit as an kennel owner or part owner, may use a kennel name as kennel owner or part owner. However, no trainer may be an occupational permit holder as trainer other than in his or her legal name.

35.1.c. In applying to race under a kennel name, die applicant shall disclose the identity or identities of all persons who have an ownership interest in die kennel.

35.1.d. If a partnership or other entities are involved in or have an interest in a kennel, each of the partners shall hold an occupational permit as kennel owner and each shall comply with the rules governing partnerships set forth herein.

35.1.e. Any changes in the parties involved in or having an interest in a kennel shall be reported immediately to the Racing Commission for approval.

35.1.f. A kennel owner holding an occupational permit cannot have an ownership interest in more than one kennel at die same time at the same association.

35.1.g. Any kennel owner desiring to change the kennel name must notify the Racing Commission and the association. The kennel owner must register the new name with the Racing Commission license clerk and pay the prescribed fee.

35.1.h. No kennel owner may register a kennel name that is already registered by any their kennel owner at die same association.

35.1.i. A kennel name shall be plainly distinguishable from that of another duly registered kennel name.

35.2. Greyhound Owner.

35.2.a. A greyhound owner's occupational permit is required of any person who is designated as an owner or lessee on die greyhound's National Greyhound Association registration papers, and of every person who has a right to receive any share of a purse won by a greyhound in this jurisdiction except kennel operators and their employees who are licensed in this jurisdiction.

35.2.b. The spouse of an owner does not need to be licensed unless the spouse's name appears on the greyhound's National Greyhound Association registration papers.

35.2.c. If a person is suspended or ejected from the association grounds, every greyhound wholly or partly owned by such person may also be suspended or ejected for die duration of such suspension or ejection. Any entry received from any person, or of any greyhound that stands suspended or expelled shall be void unless otherwise approved by the Commission.

35.3. Trainer.

35.3.a. Each trainer shall obtain an occupational permit from the Racing Commission, listing all the names of owners or part owners on the application for the occupational permit of all greyhounds trained by him or her.

35.3.b. All individuals applying for an occupational permit as a trainer shall pass an examination approved by the Racing Commission. Provided, any individual holding an occupational permit as a trainer as of the effective date of this rule shall be exempt from the examination requirement.

35.3.c. There shall be only one individual serving as trainer for any kennel at any given time.

35.3.d. The trainer is the absolute insurer of and is responsible for the condition of die greyhound entered in a race, regardless of the acts of third parties.

35.3.e. All trainers shall file with die Racing Commission and die association a roster displaying the name of the trainer, assistant trainers, authorized agent and other employees. If any kennel owner changes trainer, he or she shall notify the Racing Commission immediately and require die new trainer or any new employee to register in at die Racing Commission office at the association where die kennel is racing.

35.3.f. The trainer is required to be present on association grounds during the weigh-in of his or her greyhound scheduled to participate in a race. The trainer shall report in person to the weigh-in when summoned by a racing official.

35.3.g. If die trainer is to be absent from association grounds during the weigh-in of his/her greyhounds for a period of three (3) consecutive days or less, then the trainer must notify the Racing Commission Veterinarian and the judges in writing prior to the start of his/her absence and provide the name of the permit holder who will be assuming responsibility for the trainer during the trainer's absence. If the trainer is to be absent from association grounds for more than three (3) consecutive days during which his/her greyhounds are to be weighed-in, then die kennel's trainer-of-record must be changed and submitted to die Racing Commission Veterinarian and the judges.

35.3.h. A trainer shall have his or her greyhounds in die paddock at die time appointed.

35.3.i. Each trainer shall register all die greyhounds in his or her charge giving die name, age, sex, breeding, and ownership of each greyhound with die association's racing secretary. The trainer shall not have any unregistered greyhound kenneled on the grounds of the association.

35.3.j. Each trainer shall register with the Racing Commission license clerk and the racing association security department every person he or she employs and every person affiliated with the operation of die kennel who requires access to the kennel compound. The trainer is responsible for the proper permitting of these individuals and shall not harbor, engage or have in his or her charge any person or persons not holding an occupational permit.

35.3.k. No trainer shall have in his or her charge or under his or her supervision any greyhound owned, in whole or in part, by a disqualified person.

35.3.l. No trainer shall move or permit to be moved any greyhound or greyhounds in his or her care from the grounds of an association without permission from the association's racing secretary and the judges.

35.3.m. Each trainer shall report to the association's racing secretary any greyhound under his or her care that is ineligible to be drawn into a race. The racing secretary shall immediately notify the judges. The reported greyhounds are not eligible to enter or to start until approved by the Racing Commission Veterinarian and schooled to the satisfaction of die judges.

35.3.n. Prior to the weigh-in, the trainer shall ensure the identification tag is attached to each greyhound's collar indicating the number of the race in which the greyhound is entered and its post position. This tag shall not be removed until die greyhound has been weighed out and blanketed.

35.4. Assistant Trainer.

35.4.a. The assistant trainer is responsible for assisting the trainer in the conditioning of greyhounds for racing.

35.4.b. All individuals applying for an occupational permit as an assistant trainer shall pass an examination approved by die Racing Commission for trainers. Provided, any individual holding an occupational permit as an assistant trainer as of the effective date of this rule shall be exempt from die examination requirement.

35.4.c. The assistant trainer must be qualified to execute the duties of trainer in the trainer's absence. While executing the duties of trainer, the assistant trainer shall comply with the duties of the trainer as set forth in these rules.

35.5. Partnership.

35.5.a. Each and every partner, including husband and wife, must obtain an occupational permit as an owner in order for the partnership to operate at any licensed association. All partnerships shall complete all partnership forms as required by die Racing Commission or the association.

35.5.b. Partnership forms shall, at a minimum, set forth the following;

35.5.b.1. The name and address of each and every person having an interest in the greyhound or greyhounds involved;

35.5.b.2. The relative proportions of the interests;

35.5.b.3. To whom the winnings are payable;

35.5.b.4. In whose name the greyhound or greyhounds shall run;

35.5.b.5. With whom die power of entry and withdrawal rests; and

34.5.b.6. The terms of any contingency, lease or any their arrangement.

35.5.c. All partnership forms shall be signed by all parties or by their authorized agent.

35.5.d. To be effective, any changes to the partnership must be signed by all partners and reported in writing to the Racing Commission license clerk.

35.5.e. All partners are jointly and severally liable for all stakes, forfeits, and other obligations.

35.6. Authorized Agent.

35.6.a. Each authorized agent shall file a power of attorney, or their proper written instrument, with the Racing Commission that clearly sets forth the powers delegated to the agent.

35.6.b. Any changes in authorized agency relationship shall be in writing and filed with the Racing Commission license clerk.

35.6.c. The authorized agent's occupational permit expires December 31 of each year, unless the agent's appointment is sooner revoked by the agent's principle or by the Racing Commission.

35.6.d. The revocation of the authorized agency relationship shall be in writing, sworn to before a notary public, and filed with the Racing Commission.

35.7. Substance Abuse and Testing.

35.7.a. No occupational permit holder shall appear on the grounds of the association under the influence of alcohol or controlled substance.

35.7.b. Acting with reasonable cause, the judges or designated Racing Commission representative may direct any occupational permit holder to submit to appropriate testing, to which the permit holder is required to submit. If the results of such testing demonstrate that die permit holder is under die influence of alcohol or shows the presence of any controlled substance, the judges shall direct that die permit holder be relieved of his or duties for the day.

35.7.c. A sufficient sample should be collected to insure a quantity necessary for a split sample whenever possible.

35.7.d. Any permit holder who refuses to provide the samples required under this section as directed is in violation of this rule and is subject to discipline by the judges or the Racing Commission.

35.7.e. All testing shall be at die expense of the association.

35.7.f. For a first violation of this section, the permit holder shall not participate in racing until the permit holder has been professionally evaluated and evidences a negative test result. If, after professional evaluation, die permit holder's condition proves non-addictive and not detrimental to die best interest of racing and evidences a negative test result, the permit holder may resume participation in racing, provided die permit holder agrees to further random testing at die discretion of die judges or designated Racing Commission representative.

35.7.f.1. If die professional evaluation after the first violation demonstrates to the judges that the occupational permit holder's condition is in fact addictive or detrimental to die best interest of racing, the permit holder shall be suspended and not be allowed to participate in racing until such time as he or she can produce a negative test result and show documented proof that he or she has successfully completed a certified alcohol or drug rehabilitation program approved by die judges or the Racing Commission. In addition, the permit holder shall agree to further random testing at the discretion of the judges or Racing Commission representative.

35.7.g. For all subsequent violations of this section, the permit holder shall be suspended until such time as the permit holder completes a certified alcohol or drug rehabilitation program approved by the judges or the Racing Commission. The permit holder may apply for reinstatement of his or her permit upon completion of program.

W. Va. Code R. § 178-2-35