P.R. Laws tit. 15, § 198e
(a) The Horse Racing Board is hereby empowered to regulate all matters concerning the horse racing sport. The Horse Racing Board, after a public hearing, shall adopt whatever regulations for the horse racing sport it deems necessary, which, once approved by the Governor of Puerto Rico and filed with the Department of State pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, shall have force of law and their violation shall constitute an offense as provided in §§ 198—198y of this title.
(b) Among other things, the Board shall have power to:
(1) Establish the requirements which in its judgment every racetrack should meet to operate as such; establish the terms and conditions to comply with said requirements; extend provisional licenses for the term granted to the racetrack owners to meet the requirements established by the Board; cancel any licenses issued provisionally to their holders or their representatives if they fail to comply with the terms thereof; exact other requirements besides those established originally; and guarantee the public safety, reliability, honesty and integrity of the horse racing sport. Provided, That when the Board requires financial information to grant permits or licenses to operate a racetrack, the financial information received by the Board shall be deemed confidential and the same may not be divulged, except as provided by the Board and the applicable laws.
(2) Expressly authorize the days and places where each racetrack shall hold thoroughbred horse races in Puerto Rico, and may transfer the place and sites indicated therefore. Provided, That the Board shall authorize a minimum of two hundred and eight (208) racing days for each calendar year. The racing days shall be reasonably divided between the racetracks, always ensuring the general welfare of the horse racing industry and sport. The racing days may be increased depending on the needs of the industry and the inventory of horses available for racing.
(3) Prescribe the rules by which holding horse races shall be governed through the approval of an annual plan to be known as the “Racing Plan”, which shall serve as a guide and provide orientation so that the Racing Secretary may set forth the overall conditions for the monthly programming of races. It shall adopt a horse racing plan that maintains a balance between native and imported horses and seeks to increase the number of races with native horses and establishes a scale of weight that fixes a minimum weight of not less than one hundred sixteen (116) pounds for all First Category A jockeys, regardless of the age of the race horse. Provided, That the applicable scale of weight set forth in § 38 of Chapter VI of the Caribbean Horse Racing Confederation Regulations, which shall be filed before the Horse Racing Board, shall be established for every International Classic, prior to the holding thereof. This racing plan may be revised.
(4) Regulate all matters related to the way in which authorized bets should be made as well as those that may be authorized in the future, as well as the activities related to betting, as is the case of the “poolpote.” In order to authorize any manner of betting, the Board shall hold public hearings after notifying all interested parties, including the betting public.
(5) Prescribe through regulations the requirements that shall be met by natural and juridical persons engaged in any horse racing activity; Provided, That in observance of the public safety and the order, purity and integrity of the horse racing sport, a program to detect the presence or use of controlled substances shall be implemented, under which reliable tests shall be administered at random to Horse Racing Industry and Sport Administration (AIDH, Spanish acronym) officials and employees as well as to all personnel holding a license or permit issued by said Administration to perform functions directly related to the horse racing activity. The preventive nature of this program is aimed towards addressing, reducing and deterring the use and abuse of illegal drugs and towards counseling, treating and rehabilitating the persons concerned. Said program shall be coordinated with the competent entity or entities of the public and private sectors that have the necessary and reliable resources to administer said tests. The funds to defray the cost of said tests shall proceed from the monies consigned to AIDH for these purpose under this section. The Board shall establish, through regulations, the procedure to be followed for making the operation of this program feasible and efficient. Nothing shall prevent the owners, handlers and breeders of horses from holding shares in businesses that operate racetracks in Puerto Rico.
(6) To authorize and regulate the use of electronic, mechanical and photographic apparatus with the purpose of determining the starting and the order that the horses cross the finish line; to photograph and oversee the development of the races, among others.
(7) Declare, at the request of the Horse Racing Administrator and of any natural or juridical person authorized to operate a racetrack in Puerto Rico, or motu proprio, as a horse racing nuisance any natural or juridical person who, in its judgment, attempts, threatens or in any other way makes evident his/her purpose of hindering the normal course of the horse racing sport. Provided, That in order to make such a determination, the Board shall allow the defendant to be heard in his/her defense at a public hearing, in person or through legal counsel. Any person who has been declared a horse racing nuisance by the Horse Racing Board and who tries to enter or does enter any racetrack or dependency thereof, shall be guilty of a felony and upon conviction shall be punished with a penalty of not less than five (5) years nor of more than ten (10) years of imprisonment, or with a fine of not less than one thousand dollars ($1,000) nor of more than five thousand dollars ($5,000), or both penalties at the discretion of the court.
Any person who has been declared a horse racing nuisance by the Board may not request to be reinstated to participate in horse racing activities until a minimum term of five (5) years has elapsed from his/her designation as a horse racing nuisance. The Board shall, through regulations, provide the conditions and requirements whereby the person may be reinstated. If after being reinstated the person again incurs undesirable practices for which he/she should be declared a horse racing nuisance, the declaration shall extend throughout his/her lifetime. Any person declared to be a horse racing nuisance shall defray the cost of the proceedings. The prescriptive term for prosecuting a person as a horse racing nuisance shall be of one (1) year from the time said persons is found guilty of violating the Horse Racing Regulations or the Controlled Medications Regulations, as well as any other regulations with restrictive provisions approved by the Board to regulate the horse racing sport.
(8) Prescribe, through regulations, the fines, administrative penalties and suspensions, as well as the administrative fines for violations of §§ 198—198y of this title or of the rules, regulations and orders approved or prescribed by the Board, by the Horse Racing Administrator or by the Horse Racing Stewards, that may be imposed by the Board, the Horse Racing Administrator or the Stewards or any other authorized official.
(9) Issue orders, rules and resolutions and take the necessary measures leading to achieve the physical safety and financial and social security of natural and juridical persons related to the horse racing industry and sport, including the issue of orders to cease and desist should the Board believe that a person is in violation of §§ 198—198y of this title or of the rules, regulations, orders or license requirements promulgated pursuant thereto. When the Board issues and order to cease and desist, it shall notify the affected party about its right to an administrative hearing pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
Should the party affected by the order fail to request that a hearing be held and the Horse Racing Board does not order one, said order shall continue in effect until it is modified or declared ineffective by the Board. If it is requested or ordered that a heading be held, the Board, after notification to that effect and giving every interested party the opportunity to be heard, may modify, declare ineffective or extend said order until the matter is finally resolved.
The Horse Racing Board may declare ineffective or modify an order if it determines that the conditions that persuaded it to issue the same have changed or that for some other reason doing so is in the public interest. It may also resort to the Court of First Instance to request that any order to cease and desist issued by the latter be put in effect without the need for posting bond.
The Horse Racing Board may introduce any other legal resources, actions or procedures that may be necessary or convenient to make effective the purposes of §§ 198—198y of this title or of any other act or regulations it is bound to enforce compliance with or supervise, be it through the representation of its attorneys or through the Secretary of Justice, after a petition to those effects.
(10) Consider and resolve the petitions for review of the decisions issued by the Horse Racing Administrator, the Horse Racing Stewards or any other official in the exercise of the duties and powers conferred by the Horse Racing Act, the Horse Racing Regulations or applicable orders or resolutions. Provided, That the Board may, for just cause, suspend any punishment, sanction or fine imposed by the Horse Racing Administration, the Horse Racing Stewards or any authorized person not without first giving the parties in question the opportunity for being heard during a hearing to determine just cause. The determinations of appreciation of the Horse Racing Stewards may not be revised.
(11) Hold hearings, conduct visual inspection, summon witnesses, take oaths and statements and compel the appearance of witnesses, the production of documents and any other additional evidence of any nature deemed essential for obtaining full cognizance of a matter within its jurisdiction. The Board is also empowered to issue orders or summons and take depositions from persons in any investigation. In cases of nonappearance, the Horse Racing Board shall resort to the Court of First Instance to petition that the latter order said appearance under penalty of contempt.
The Board may conduct the investigations it may deem necessary within or outside of Puerto Rico, so as to determine whether any person has violated any of the provisions of §§ 198—198y of this title or of any regulation or order promulgated according thereto.
(12) To fix the commission that the racing agents may receive through the authorized betting systems, which in no case shall be less than eleven percent (11%) of the total combinations wagered, except in the case of parimutuel bets where the commission shall be of five percent (5%) from the approval of this act until December 31, 1994; five point five percent (5.5%) from January 1, 1995 to June 30, 1995, and six percent (6%) from July 1, 1995 thereafter; Provided, That this percentage shall be figured from the gross amount wagered in parimutuel bets in the racing agencies.
(13) Authorize the broadcast of races through simulcasting, for which it shall establish the criteria or minimum requirements that the operating enterprise and the owners of racehorses must meet so that the Board may authorize said broadcast.
(14) Submit to the Governor an annual report of its operations, actions and decisions as well as the recommendations to improve the horse racing industry and sport. Said report may include recommendations to improve the horse racing industry and sport from the racetrack or racetracks administration and from the association that represents the horse owners.
(15) To determine and establish by regulations, certain undesirable practices in addition to those listed in § 198q of this title which are impediments to horse racing activities.
History —July 2, 1987, No. 83, p. 296, § 6; Aug. 12, 1988, No. 175, p. 826, § 1; Aug. 11, 1994, No. 56, § 1; Dec. 14, 1994, No. 137, § 1; June 5, 2004, No. 139, § 3; Jan. 18, 2006, No. 7, § 1; Nov. 30, 2009, No. 160, § 1.