Current through the 2024 Fourth Special Session
Section 4-38-104 - Powers and duties of commission(1) The commission shall: (a) license, regulate, and supervise the persons involved in the racing of horses as provided in this chapter; (b) license, regulate, and supervise the recognized race meets held in this state under the terms of this chapter;(c) cause the various places where recognized race meets are held to be visited and inspected at least once a year;(d) assist in procuring public liability insurance coverage from a private insurance company for those licensees unable to otherwise obtain the insurance required under this chapter;(e) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern race meets, including rules: (i) to resolve scheduling conflicts and settle disputes among licensees;(ii) to supervise, discipline, suspend, fine, and bar from events a person required to be licensed by this chapter;(iii) to exclude a horse from a racetrack facility in this state, or prohibit a horse from participating in a horse race or race meet; and(iv) to hold, conduct, and operate all recognized race meets conducted pursuant to this chapter;(f) determine which persons participating, directly or indirectly, in recognized race meets require licenses;(g) announce the time, place, and duration of a recognized race meet for which a license is required; and(h) establish reasonable fees for all licenses provided for under this chapter. (2) The commission may: (a) grant, suspend, or revoke licenses issued under this chapter;(b) impose fines as provided in this chapter;(c) access criminal history record information for the licensees and commission or contracted employees; (d) exclude from any racetrack facility in this state a person, including an owner, who: (i) the commission considers detrimental to the best interests of racing; or(ii) violates this chapter or any rule or order of the commission; and(e) exclude from a racetrack facility in this state, or prohibit from participating in a horse race or race meet, a horse that is owned, in full or part by a person: (i) who the commission considers detrimental to the best interests of racing; or(ii) who violates this chapter or a rule or order of the commission.(3)(a) For purposes of Subsection (2)(e), ownership includes a horse for which an individual or entity has a beneficial or other interest, as defined by rule.(b) The period of time a horse may be excluded or prohibited from racing under Subsection (2)(e) may not exceed one calendar year from the date of the initial oral or written ruling by the stewards.(c) A change in ownership or beneficial interest in a horse excluded or prohibited from racing under Subsection (2)(e) does not affect the horse's exclusion from a racetrack or prohibition from racing unless otherwise determined by the commission.(4) The commission may contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a person to issue a license required under Subsection (1)(a) or (b).Amended by Chapter 239, 2019 General Session ,§ 2, eff. 5/14/2019.Renumbered from § 4-38-4 and amended by Chapter 345, 2017 General Session ,§ 368, eff. 7/1/2017.Amended by Chapter 382, 2008 General Session.