Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1107
Powers and duties of compact committee
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 11
§ 1107. Powers and duties of compact committee. The compact committee
is hereby granted, to carry out its purposes, the power and duty:

a. to determine which categories of participants in live racing, such
as owners, trainers, jockeys, drivers, grooms, mutuel clerks, racing
officials, veterinarians, farriers, or others, shall be licensed by the
compact committee, and to establish the term, initial requirements, and
renewal requirements for each license category. With regard to obtaining
and weighing criminal history record information on each applicant, and
all non-arbitrary other licensure requirements, the compact committee
shall adopt licensure requirements comparable, in its judgment, to the
most restrictive party state's requirements for such a license;

b. to investigate license applicants and, as permitted by federal and
state law, to gather information, including criminal history records
from the federal bureau of investigation and from state, local, and
foreign country law enforcement agencies (including the Royal Canadian
Mounted Police), necessary to decide whether an applicant meets its
license requirements. Such criminal history record information may be
received and reviewed only by the officials on, and employees of, the
compact committee, and that information may be used only for the
purposes of this compact. No such official or employee may disclose or
disseminate such criminal history record information to any person or
entity other than another official on, or employee of, the compact
committee. The compact committee, its employees, or its designee shall
take the fingerprints of each license applicant and, pursuant to P.L.
92-544 or P.L. 100-413, forward the fingerprints to a state
identification bureau, the Association of Racing Commissioners,
International (an association of state officials regulating pari-mutuel
wagering, designated by the attorney general of the United States), or
another entity with an equivalent designation, for submission to the
federal bureau of investigation or other receiving law enforcement
agency;

c. to issue and renew licenses for participants in live racing who are
found by the compact committee to have met its licensure or renewal
requirements. The compact committee shall not have the power or
authority to deny a license. If it determines that an applicant will not
be eligible, the compact committee shall notify the applicant that it
will not be able to process his or her licensure or renewal application
any further. That notification shall not constitute, and shall not be
considered to be, the denial of a license. Although such applicant shall
have the right to present further evidence and to be heard by the
compact committee, after receiving such notification, the final decision
on issuance or renewal of his or her license shall be made by the
compact committee pursuant to its established requirements;

d. to enter into contracts and agreements with governmental agencies
and other persons to provide personal services for its activities, and
such other services as may be necessary;

e. to create, appoint, and abolish all those offices, employments, and
positions (including an executive director) useful to fulfill its
purposes; to prescribe their powers, duties, and qualifications; to hire
persons therefor; and to provide for their term, tenure, removal,
compensation, and fringe and retirement benefits, and other conditions
of employment;

f. to borrow, accept, and contract for the services of personnel from
any state, federal, or other governmental agency, or from any other
person or entity;

g. to acquire, hold, and dispose of any real or personal property by
gift, purchase, lease, license, and similar means;

h. to charge and collect a fee, whether for licensure or renewal, from
each license applicant; and

i. to receive additional funds through gifts, grants, and
appropriations.