§ 4-38-104 — Powers and duties of commission.

(1) The commission shall:

(1)(a) license, regulate, and supervise the persons involved in the racing of horses as provided in this chapter;
(1)(b) license, regulate, and supervise the recognized race meets held in this state under the terms of this chapter;
(1)(c) cause the various places where recognized race meets are held to be visited and inspected at least once a year;
(1)(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;
(1)(e) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern race meets, including rules:
(1)(e)(i) to resolve scheduling conflicts and settle disputes among licensees;
(1)(e)(ii) to supervise, discipline, suspend, fine, and bar from events a person required to be licensed by this chapter;
(1)(e)(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
(1)(e)(iv) to hold, conduct, and operate all recognized race meets conducted pursuant to this chapter;
(1)(f) determine which persons participating, directly or indirectly, in recognized race meets require licenses;
(1)(g) announce the time, place, and duration of a recognized race meet for which a license is required; and
(1)(h) establish reasonable fees for all licenses provided for under this chapter.
(2) The commission may:

(2)(a) grant, suspend, or revoke licenses issued under this chapter;
(2)(b) impose fines as provided in this chapter;
(2)(c) access criminal history record information for the licensees and commission or contracted employees;
(2)(d) exclude from any racetrack facility in this state a person, including an owner, who:
(2)(d)(i) the commission considers detrimental to the best interests of racing; or
(2)(d)(ii) violates this chapter or any rule or order of the commission; and
(2)(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:
(2)(e)(i) who the commission considers detrimental to the best interests of racing; or
(2)(e)(ii) who violates this chapter or a rule or order of the commission.
(3) (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.
(3)(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.
(3)(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).

Legislative History

Amended by Chapter 239, 2019 General Session