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This entry was published on 2020-10-16
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SECTION 401
General powers of commission
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 4
§ 401. General powers of commission. 1. Pursuant to the provisions of
sections two hundred twenty-two through seven hundred five of this
chapter, the commission shall have power to supervise generally all
quarter horse race meetings in this state at which pari-mutuel betting
is conducted. The commission may adopt rules and regulations not
inconsistent with sections two hundred twenty-two through seven hundred
five of this chapter to carry into effect its purposes and provisions
and to prevent circumvention or evasion thereof. In order that the rules
of quarter horse racing may be uniform throughout the United States, the
commission may adopt the rules and regulations of the American Quarter
Horse Association, in whole or in part, and may adopt such other or
different rules as it deems necessary to carry into effect the purposes
and provisions of sections two hundred twenty-two through seven hundred
five of this chapter.

2. Without limiting the generality of the foregoing, and in addition
to its other powers:

a. The commission shall have power to fix minimum and maximum charges
for admission to quarter horse race meetings at which pari-mutuel
betting is conducted provided, however, that the commission shall have
power to fix the charge for admission of members of the armed forces of
the United States in uniform at one-half of the amount fixed for such
admission generally under authority of this section.

b. The commission shall prescribe rules and regulations for
effectually preventing the use of improper devices, the administration
of drugs or stimulants or other improper acts for the purpose of
affecting the speed of quarter horses in any race in which they are
about to participate.

c. The rules of the commission shall also provide that all winning
pari-mutuel tickets must be presented for payment before April first of
the year following the year of their purchase and failure to present any
such ticket within the prescribed period of time shall constitute a
waiver of the right to participate in the award or dividend.

d. The commission shall have power in its discretion, consistent with
the powers of the department of taxation and finance, to prescribe
uniform methods of keeping accounts, records and books to be observed by
associations or corporations licensed under the provisions of this
article or by any association or corporation that owns stock in, or
shares in the profits, or participates in the management or affairs of,
such licensed association or corporation, or by any person, firm,
association or corporation holding any concession, right or privilege to
perform any service or sell any article at any track at which
pari-mutuel quarter horse racing meets are conducted. The commission may
also in its discretion, consistent with the powers of the department of
taxation and finance, prescribe by order forms of accounts, records and
memoranda to be kept by such persons, firms, associations or
corporations. The commission shall have power to visit, investigate, and
place expert accountants, or such other persons as it may deem
necessary, in the offices, tracks or other places of business of any
such person, firm, association or corporation for the purpose of seeing
that the provisions of sections two hundred twenty-two through seven
hundred five of this chapter and rules and regulations issued by the
commission thereunder are strictly complied with. Such persons, firms,
associations or corporations shall annually file with the commission, on
such date as the commission shall prescribe, a report showing their
financial condition and financial transactions during the fiscal year,
including a balance sheet and a profit and loss statement, verified by
the oath of at least two of its principal officers, if it be an
association or corporation having officers, and by one or more of the
owners or proprietors thereof if not an association or corporation. The
report shall be in such form and contain such other matters as the
commission may determine from time to time to be necessary to disclose
accurately the financial condition and operation of such persons, firms,
associations or corporations during the preceding fiscal year. The
commission may for good cause shown grant a reasonable extension of time
for the filing of any such report.