No. 43753 (Amendment): Rule R52-7. Horse Racing

(Amendment)

DAR File No.: 43753
Filed: 05/31/2019 10:30:27 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In accordance with Section 52-4-207, these rule changes are being proposed to allow the Horse Racing Commission (Commission) to have electronic meetings in order to more efficiently conduct business.

Summary of the rule or change:

These rule changes make it possible for the Commission to hold electronic meetings. These rule changes specify the procedures that must be followed by the Commission in order for the Commission to have an electronic meeting.

Statutory or constitutional authorization for this rule:

• Section 52-4-207
• Section 4-38-104

Anticipated cost or savings to:

the state budget:

The Commission consists of seven members representing the various horse racing interests in the state. These members come from all over the state. Many of the members of the Commission have to travel and the state expends $0.53 per mile to reimburse the members for their travel. Additionally, the state pays $15 per hour for the length of the meeting. The change to electronic rules would result in the state not having to pay the $0.53 per mile to the members as they would no longer be required to travel to have the meeting. It is not feasible to estimate how much the state would save from having electronic meetings due to the inability to determine which members would be participating in the phone call, as well as the continual change of membership which changes the amount of mileage that would need to be paid out.

local governments:

There are no anticipated costs or benefits to local governments as this rule neither requires action from nor provides benefits to local governments.

small businesses:

There are no anticipated costs or benefits to small businesses as this rule neither requires action from nor provides benefits to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Member of the Commission will have the benefit of not having to travel to the meetings. As many of them live outside of the Wasatch Front, the availability of electronic meetings will allow them to continue to participate in the meetings, but not have to spend so much of their time traveling to and from meetings.

Compliance costs for affected persons:

These rule changes will not have a cost to anyone associated with this rule because there are no additional requirements to any of those affected by this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no fiscal impacts associated with these rule changes to businesses or person affected by this rule.

Kerry Gibson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Agriculture and Food
Horse Racing Commission (Utah)
350 N REDWOOD RD
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Melissa Ure at the above address, by phone at 801-538-4978, by FAX at , or by Internet E-mail at [e-mail]
• Kelly Pehrson at the above address, by phone at 801-538-7102, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2019

This rule may become effective on:

07/22/2019

Authorized by:

Kerry Gibson, Commissioner

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These changes to this rule could lead to a benefit for the state budget by not requiring Horse Racing Commission (Commission) members to be present at each meeting of the Commission. The use of teleconferences will allow the state to save some money on for not having to reimburse the Commission members mileage to travel to the Commission meetings. It is not feasible for the state to accurately assess the amount of the savings due to the varied nature of who may call into the meetings and changes in Commission membership. There are no additional costs associated with this rule.

 

The Commissioner of the Department of Agriculture and Food, Kerry Gibson, has reviewed and approved this final analysis.

 

 

R52. Agriculture and Food, Horse Racing Commission (Utah).

R52-7. Horse Racing.

R52-7-1. Authority.

Promulgated under authority of Section [4-38-4]4-38-104.

 

R52-7-3. Commission Powers and Jurisdiction.

1. Description and Powers. The Utah Horse Racing Commission is an administrative body created by Section 4-38-3. The Commission consists of five members which are appointed by the governor, and whose powers and duties are prescribed by the legislature. The Commission appoints an executive director who is the administrative head of the agency, and the Commission determines the duties of the executive director. The Commission shall have supervision of all sanctioned race meetings held in the State of Utah, and all occupation and organization licensees in the State and all persons on the property of an organization licensee.

2. Jurisdiction. Without limitations by specific mention hereof, the stated purposes of the Rules and Regulations hereby promulgated are as follows:

A. To encourage agriculture and breeding of horses in this State; and

B. To maintain race meetings held in the State of the highest quality and free of any horse racing practices which are corrupt, incompetent, dishonest or unprincipled; and

C. To maintain the appearance as well as the fact of complete honesty and integrity of horse racing in this State; and

D. To generate public revenues.

E. Commission jurisdiction of a race meet commences one hour prior to post time and ends one hour following the last posted race.

3. Controlling Authority. The law, the rules, and the orders of the Commission supersede the conditions of a race meeting and govern Thoroughbred, Quarter Horse, Appaloosa, Arabian, Paint and Pinto racing, except in the event it can have no application to a specific type of racing. In the latter case, the Stewards may enforce rules or conditions of The Jockey Club for Thoroughbred racing, the American Quarter Horse Association for Quarter Horse racing; the Appaloosa Horse Club for Appaloosa racing; the Arabian Horse Racing Association of America for Arabian racing; the American Paint Horse Association for Paint racing; and the Pinto Horse Association of America, Inc., for Pinto racing; if such rules or conditions are not inconsistent with the Laws of the State of Utah and the Rules of the Commission.

4. Commission Meetings. The following provisions govern any meeting at which a voting majority of commission members appear at the anchor location, by telephone, or electronically pursuant to Utah Code Section 52-4-207:

(a) If enough commission members which constitute a voting majority intend to participate electronically or by telephone, public notices of the meeting shall be posted. In addition, the notice shall specify the anchor location where the members of the commission not participating electronically or by telephone will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be posted on the Public Notice Website. These notices shall be provided at least 24 hours before the meetings.

(c) Notice of the possibility of an electronic meeting shall be given to the commission members at least 24 hours before the meeting. In addition, the notice shall describe how a commission member may participate in the meeting electronically or by telephone.

(d) When notice is given of the possibility of a member appearing electronically or by telephone, any commission member may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the commission. At the commencement of the meeting, or at such time as any commission member initially appears electronically or by telephone, the chair shall identify for the record all those who are appearing by telephone or electronically. Votes by members of the commission who are not at the physical location of the meeting shall be confirmed by the chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Agriculture and Food, 350 N Redwood Road, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

[4]5. Punishment By The Commission. Violation of the Act and rules promulgated by the Commission, whether or not a penalty is fixed therein, is punishable in the discretion of the Commission by denial, revocation or suspension of any license; by fine; by exclusion from all racing enclosures under the jurisdiction of the Commission; or by any combination of these penalties. Fines imposed by the Commission shall not exceed $10,000 against individuals for each violation, any Rules or regulations promulgated by the Commission, or any Order of the Commission; or for any other action which, in the discretion of the Commission, is a detriment or impediment to horse racing, according to Subsection 4-38-9(2).

[5]6. Extension For Compliance. If a licensee fails to perform an act or obtain required action from the Commission within the time prescribed therefore by these Rules, the Commission, at some subsequent time, may allow the performance of such act or may take the necessary action with the same effect as if the same were performed within the prescribed time.

[6]7. Notice To Licensee. Whenever notice is required to be given by the Commission or the Stewards, such notice shall be given in writing by personal delivery to the person to be notified or by mailing, Certified Mail, Return Receipt Requested, such notice to the last known address furnished to the Commission; or may be given as is provided for service of process in a civil proceeding in the State of Utah and pursuant to the Administrative Procedures Act.

[7]8. Location For Information Or Filing With Commission. When information is requested or a notice in any matter is required to be filed with the Commission, such notice shall be delivered to an authorized representative of the Commission at an office of the Commission on or before the filing deadline. Offices of the Commission are currently located at: State of Utah, Department of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT 84116.

[8]9. Public Inspection Of Documents. All forms adopted by the Commission together with all Rules and other written statements of policy or interpretation; and all final orders, decisions, and opinions, formulated, adopted or used by the Commission in the discharge of its functions are available for public inspection at the above office.

[9]10. Forms And Instruction. The following forms and instructions for their use have been adopted by the Commission:

Apprentice Jockey Certificate

Authorized Agent Agreement

Fingerprint Card

Identifier's Daily Report

Lease Agreement

Occupation Licensee Application(s)

Occupation License Renewal Application(s)

Open Claim Certificate

Organization's Daily Report

Organization Licensee Application

Petition for Declaratory Ruling

Petition for Promulgation, Amendment or Repeal of Rule

Petition in and before the Utah Horse Commission

Postmortem Examination Report

Stable Name, Corporation, Partnership or Syndicate Registration Form

Stewards' Daily Report

Stewards' Hearing Notice

Stewards' Hearing Reports

Subpoena (Steward and Commission)

Test Barn Diuretic Approval Form

[10]11. Forms for substituting petitions for promulgating or repealing of rules, and for requests for declaratory ruling are available at the Utah State Department of Agriculture and Food.

 

KEY: horses, horse racing

Date of Enactment or Last Substantive Amendment: [March 6, 2017]2019

Notice of Continuation: August 25, 2016

Authorizing, and Implemented or Interpreted Law: 4-38-4

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