§ 44-32-202 — Director - qualifications - powers and duties - rules

Colorado § 44-32-202

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Racing

Text

(1) The
director shall be qualified by training and experience to direct the work of the
division; and, notwithstanding the provisions of section 24-5-101, shall be of good
character and shall not have been convicted of any felony or gambling-related
offense.

(2) The director shall not engage in any other profession or occupation that
could present a conflict of interest with the director's duties as director of the
division.

(3) The director, as administrative head of the division, shall direct and
supervise all administrative and technical activities of the division. In addition to the
duties imposed upon the director elsewhere in this article 32, it shall be the
director's duty:

(a) To investigate, supervise, and administer the conduct of racing in
accordance with the provisions of this article 32 and the rules of the commission;

(b) To attend meetings of the commission or to appoint a designee to attend
in the director's place;

(c) To employ and direct personnel as may be necessary to carry out the
purposes of this article 32, but no person shall be employed who has been
convicted of a felony or gambling-related offense, notwithstanding the provisions
of section 24-5-101. The director by agreement may secure and provide payment for
such services as the director may deem necessary from any department, agency, or
unit of the state government and may employ and compensate such consultants
and technical assistants as may be required and as otherwise permitted by law.
Personnel employed by the director shall include but shall not be limited to a
sufficient number of veterinarians, as defined in the Colorado Veterinary Practice
Act, article 315 of title 12, so that at least one veterinarian employed by the
director, or by the operator, as provided in section 44-32-706 (1), shall be present at
every racetrack during weighing in of animals and at all times that racing is being
conducted; and the director shall by rule authorize any such veterinarian to conduct
physical examinations of animals, including without limitation blood and urine tests
and other tests for the presence of prohibited drugs or medications, to ensure that
the animals are in proper physical condition to race, to prohibit any animal from
racing if it is not in proper physical condition to race, and to take other necessary
and proper action to ensure the health and safety of racing animals and the fairness
of races.

(d) To confer, as necessary or desirable and not less than once each quarter,
with the commission on the conduct of racing;

(e) To make available for inspection by the commission or any member of the
commission, upon request, all books, records, files, and other information and
documents of the director's office;

(f) To advise the commission and recommend such rules and such other
matters as the director deems necessary and advisable to improve the conduct of
racing;

(g) To make a continuous study and investigation of the operation and the
administration of similar laws that may be in effect in other states or countries, any
literature on the subject that from time to time may be published or available, any
federal laws that may affect the conduct of racing, and the reaction of Colorado
citizens to existing and potential features of racing events in Colorado with a view
to recommending or effecting changes that will tend to serve the purposes of this
article 32;

(h) (I) To establish and adjust fees for all licenses and registrations issued
pursuant to this article 32 in an amount sufficient to generate revenue that
approximates the direct and indirect cost of administering this article 32; except
that an increase of more than ten percent in the fee for an occupational license or
registration shall be subject to ratification by the commission. Except as provided in
subsection (3)(h)(II) of this section, the fees shall be credited to the racing cash
fund created in section 44-32-205.

(II) In establishing and adjusting the source market fee defined in section 44-32-102 (23), the director may allocate a portion of the fee to be credited to any
horse purse trust account established in accordance with section 44-32-702 (1)(f) if
the director determines that such an allocation is necessary to maintain a sufficient
and competitive purse structure. The total fee paid under this section must not
exceed the limit set forth in section 44-32-501 (2)(d).

(i) To perform any other lawful acts that the director and the commission
may consider necessary or desirable to carry out the purposes and provisions of this
article 32.

(4) If so directed by the commission, the director may, on behalf of this state:

(a) Negotiate, enter into, and participate in one or more interstate compacts
that enable party states to act jointly and cooperatively to create more uniform,
effective, and efficient practices, programs, and rules relating to:

(I) Live horse racing; and

(II) Pari-mutuel wagering activities, both on-track and off-track, that occur in
or affect a party state;

(b) Serve as this state's authorized representative on a commission to
negotiate one or more interstate compacts as described in subsection (4)(a) of this
section. If the compact commission undertakes to promulgate rules to be adopted
by party states, the director shall endeavor to ensure that the process by which the
rules are promulgated conforms substantially to the model state administrative
procedure act of 1981, as amended, insofar as the terms of the model act are
appropriate to the actions and operations of the compact commission.

Legislative History

Source: L. 2018: IP(3) and (3)(h) amended, (SB 18-182), ch. 115, p. 811, � 1, effective April 12; entire article added with relocations, (HB 18-1024), ch. 26, p. 290, � 2, effective October 1. L. 2019: (3)(c) amended, (HB 19-1172), ch. 136, p. 264, � 1734, effective October 1. L. 2023: (4)(a)(I) amended, (HB 23-1041), ch. 339, p. 2037, � 2, effective October 1, 2024.