justicedao/ipfs_state_laws huggingface dataset:
462-120-0090 Assumed Names (1) The commission will not license an assumed name if the Association of Racing Commissioners International (ARCI) registry shows that someone else has already registered that name or a name which is so similar that it could mislead the public, if the name is the real name of any racing animal owner, or the name is determined by the stewards to be detrimental to the best interests of racing. (2) No owner may race under an assumed name unless the name is licensed by the commission. A person may own or have an interest in racing animals which race out of different stables so long as all ownership interests are disclosed in writing to the commission and the race office. A person may not use his or her real name if the person has a licensed stable/assumed name and wholly owns the horses in the stable. (3) When applying for an assumed name license, the applicant must disclose the identities of all persons having an interest in the assumed name. (4) In order to change the assumed name, without changing the ownership interest of the name, a person must apply for a new assumed name license. (5) If a partnership with a written agreement is involved in the ownership of an assumed name the rules covering partnerships must be complied with. (6) If a corporation is involved in the ownership of an assumed name, the rules covering corporations must be complied with. (7) The assumed name shall be carried on the official program. (8) No individual participating as a trainer or assistant trainer at a horse race meet may have any interest in a stable or assumed name at the same race meet except that for which he or she is the trainer or assistant trainer except with permission of the stewards (such as difference in breeds). Statutory/Other Authority: ORS 462.250 Statutes/Other Implemented: ORS 462.020 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-120-0100 Renewals; Reapplications; Duplicates (1) Reapplication. (a) Any person who, for reasons specific to that license category, has had a license application denied by the commission or stewards must wait at least six months before reapplying for that category of license unless otherwise specified in the order. (b) If a license is denied due to failure of a written or oral exam, the stewards may consider a period of less than six months before the applicant can reapply for a license. In no case shall the applicant be eligible to reapply within 30 days from the date the application was denied. (c) Any person who has had a license application denied by the commission or stewards for reasons not specific to a particular license category (such as criminal background, license falsification, or financial irresponsibility) shall not be eligible to apply for a license in any category for a period of at least six months unless otherwise specified in the order. (2) Duplicates. If a license is lost or destroyed, a replacement fee of $10 may be required for a duplicate license. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.020 History: RC 2-2012, f. 5-29-12, cert. ef. 6-1-12 RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2009, f. 8-24-09, cert. ef. 10-1-09 RC 2-2008, f. & cert. ef. 9-30-08 RC 5-2002, f. 12-6-02, cert. ef. 1-1-03 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-120-0110 When License Valid; Restricted Areas; Use and Display of License (1) When License May Be Used. Licensees shall use their license to enter a restricted area only when necessary to perform duties as a participant in a race meet. Any licensee who is employed by or is an authorized agent for a racing animal owner, stable owner, trainer or race meet licensee, shall promptly surrender their license to the commission upon termination of their employment or agent relationship. The commission shall keep the license until the license expires or until the licensee is again employed as a participant in a race meet. (2) Restricted Area, Unauthorized Area. No one may enter a restricted area without a displayed current license issued by the commission, except commission members or employees, media representatives, and guests displaying a guest pass duly issued by the commission. No person (including licensee) may enter an unauthorized area without a proper credential or license or permission of the stewards. Guests must be accompanied by security personnel, a commission employee or representative, or a representative of the race meet licensee. For stable area only: Owners, trainers, association officials, racing officials, and commission personnel may register guests at the entrance to the stable. Any other licensee wishing to register guests at the entrance must meet the criteria of a guest pass system developed by the race meet licensee and approved by the executive director of the commission. The licensed participant is responsible for the actions of the guest and must accompany the guest around the area. (3) Possession and Display of License. Licensees who enter a racecourse must carry their license with them at all times and must show the license to any racing official upon request. Licensees who enter any restricted area shall at all times have displayed on their person, with photo visible, their commission license. All guests in a restricted area shall display their guest pass at all times. Guests are not permitted to perform work functions. (4) Protection of License. Licensees must take all reasonable precautions to safeguard their license, to prevent the license from being lost, misplaced or stolen. No licensee shall allow any other person to use the licensee’s license for any purpose whatsoever. Licenses are not transferable. (5) Possession of a license does not guarantee the right of the license holder to employment at or participation in a race meet or to be within the enclosure. A licensee must have a business purpose to be within any restricted area on a racecourse. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.020 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2009, f. 8-24-09, cert. ef. 10-1-09 RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-120-0120 Additional Grounds for Refusing a License In addition to the specific licensing criteria listed in ORS 462.075: (l) An application by a corporation may be denied if any officer, director, or stockholder could be denied a license. (2) An application by a partnership may be denied if any general or limited partner could be denied a license. (3) The commission may refuse to license or may suspend the license of anyone who accumulates unpaid obligations, or defaults in obligations, or otherwise displays financial irresponsibility in connection with the feeding, care, maintenance, training, equipment, and racing of racing animals. Financial irresponsibility as used in this rule means the debtor obligation has been reduced to judgment and remains unsatisfied, or the licensee does not dispute the obligations and the obligations remain unpaid. (4) A license application may be denied for any reason which could constitute grounds for suspension or revocation. A license may be suspended and/or revoked if it is determined, through means of a due process, that the applicant could have been refused a license if the true facts were known at the time the license was issued or commits an act subsequent to being licensed that would disqualify the licensee from holding that license. (5) A licensee of the Oregon Racing Commission must report any criminal charges (either misdemeanor or felony) against the licensee to any staff member of the Oregon Racing Commission as soon as possible after the event occurs; but no later than 72-hours after the charges are filed. Failure to comply may result in an immediate license suspension and further disciplinary action as determined appropriate by the Commission Stewards. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.020 History: RC 3-2011, f. & cert. ef. 10-3-11 RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-130-0020 Reciprocity Suspension The board of stewards or the commission may suspend, prior to any hearing, the license of any person whose license is currently suspended or revoked by an official body of another state or country for violation of the racing laws or regulations of that jurisdiction. However, at the time the board of stewards or commission issues a suspension order, the licensee shall be promptly notified of the right to contest the suspension and request a hearing under ORS 183 (the Oregon Administrative Procedures Act) before an administrative law judge and subsequent commission consideration of the proposed order regarding the matter. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-130-0030 Informal Stewards' Hearing The board of stewards, at their discretion, may hold an informal hearing with a licensee and any other appropriate persons in order to discuss an alleged or apparent violation of the statutes or rules of racing by the licensee. Oral notice to the licensee is sufficient to commence an informal hearing. After the hearing, no sanction or penalty may be imposed by the stewards, except those involving riding infractions, unless all affected parties agree to it. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.405 History: RC 2-2011, f. 9-23-11, cert. ef. 10-1-11 RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-130-0050 Appeal to the Commission; Stay Pending Appeal (1) Any person who is the subject of any stewards’ order or ruling, other than those concerning a disqualification in a race due to a foul or riding infraction, may file a written appeal requesting a hearing under ORS 183 (the Oregon Administrative Procedures Act) The appeal must be filed with the commission at PO Box 366 Gresham, OR 97030. The appeal must be recieved by the commission, within ten days from the date the Stewards order or ruling was served, unless a different filing deadline was expressly specified in the Steward's order or ruling. Evidence of the filing date of the written appeal will be the postmark date on the envelope which contained the written appeal, the date printed by the facsimile machine or email, or other credible documentation of the date the written appeal was sent to the commission. The appeal must be signed by the appealing party and shall set forth clearly and concisely the following information: (a) The order, ruling, or decision to be reviewed and the date thereof. (b) The specific act or failure to act upon which the appeal is based, and the date or dates upon which they occurred. (c) The address to which any notices from the commission to the appeallant (owner, out rider, jockey ect.) may be mailed and emailed. (2) An appeal from an order or ruling of the stewards to the commission shall not affect such decision until the appeal has been acted upon by the commission, unless otherwise ordered by the commission or by a court of competent jurisdiction. However, at the time a licensee submits a written appeal to the commission, the licensee may request in writing that the commission stay the effective date of any penalty or sanction imposed by the stewards. The request should state any good cause that supports the request. The executive director, or commissioner in the absence of the executive director, may, in their discretion, grant the stay for good cause shown. (3) Appeals to the commission shall be heard within 90 days from the date the appeal request is received in the commission's main office, unless a continuance is requested by the licensee or the assistant attorney general and approved by the executive director or the hearings officer. The appeal Hearing will take place before an A dministrative Law J udge from the Office of Administrative Hearings. The Administrative Law Judge’s proposed ruling or order will thereafter be subject to commission consideration and commission issuance of the final order. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.405 History: RC 21-2023, minor correction filed 07/21/2023, effective 07/21/2023 RC 6-2023, amend filed 04/25/2023, effective 04/25/2023 RC 2-2011, f. 9-23-11, cert. ef. 10-1-11 RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 5-2002, f. 12-6-02, cert. ef. 1-1-03 RC 2-2001, f. 3-19-01, cert. ef. 4-1-01 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-130-0060 Commission Hearing The commission may initiate a formal hearing on its own motion, or shall have a formal hearing held as a result of receipt of an appeal as provided in OAR 462-130-0050 or upon referral from the stewards. Commission hearings shall be conducted by an administrative law judge from the Office of Administrative Hearings under ORS 183 (the Oregon Administrative Procedures Act). Commission hearings conducted by the Office of Administrative Hearings will be de novo, which means the commission will consider anew all evidence and charges against the licensee. Subject to objections which may be made at the hearing, the commission may incorporate all or part of the stewards' record into its own record. If the commission concludes that a violation occurred, it may order any appropriate penalty or sanction, including but not limited to warning, letter of reprimand, probation, fine, suspension, license revocation, exclusion, or any combination. Final orders of the commission may be appealed to the Oregon Court of Appeals as provided in ORS 183.480. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.405 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0010 Authorized Agent An authorized agent may act for the registering owner as set forth in the application form. No authorized agent may sign on behalf of any owner the certificate of registration for any racing animal in the absence of a valid power of attorney authorizing such signature. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0020 Mutuel Manager (1) The mutuel manager shall be in charge of the mutuel department and shall enforce all pari-mutuel rules of the commission. (2) The mutuel manager shall ensure that minors are not allowed to wager. (3) The mutuel manager shall ensure that the wagering facilities and pari-mutuel clerks present a neat appearance and that the pari-mutuel clerks conduct themselves in an orderly, courteous and professional manner. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0025 Photofinish Operator (1) The photofinish operator shall maintain the photofinish and timing equipment in proper working order, shall photograph each race, and shall notify the stewards if lighting is insufficient to take adequate photos. (2) When the "photo" sign is posted by the stewards, the photofinish operator shall prepare a photograph which shall be promptly made available for public viewing. (3) The photofinish operator shall keep all digital files for each race. These digital files shall be available for reference or reproduction by the commission for 90 days after the last day of the race meet. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 8-2023, amend filed 04/25/2023, effective 04/25/2023 RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08
462-140-0030 Vendor Vendors must have a list of products they sell attached to the license application and a current copy of all state permits and licenses to dispense such products. The list of products and any changes to that list must be approved by a commission veterinarian and/or stewards. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 5-2002, f. 12-6-02, cert. ef. 1-1-03 RC 2-2001, f. 3-19-01, cert. ef. 4-1-01 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0050 Racing Officials; Complaints (1) All racing officials, except commission employees, shall be appointed by the race meet licensee, subject to confirmation by the commission. The commission may, for good cause, require the removal of any racing official. (2) No racing official or assistant to a racing official shall wager on any race in the race meet or have any other interest in the outcome of any race or in any racing animal racing in the race meet. No racing official or assistant shall engage in any business transaction with, or accept anything of more than nominal value from, any licensee participating in the race meet. (3) It is the duty of every racing official to report immediately to the stewards every violation of ORS chapter 462 or the rules of racing observed by the racing official. (4) Complaints against a racing official other than a steward shall be made in writing to the stewards. Complaints against a steward shall be made in writing to the commissionat the following address: Oregon Racing Commission, P.O. Box 366, Gresham, OR 97030; or faxed to (971) 673-0213; or emailed to orc.info@orc.oregon.gov. All complaints shall be signed and dated by the complainant and show the complainant's current address and a copy of the complaint shall be forwarded to the commission. (5) No racing official shall express disagreement with a ruling or order of any other racing official, except in private to the racing official involved, to other racing officials, to the race meet licensee, to the board of stewards or to the commission. (6) Racing officials may be licensed in more than one official category if in the opinion of the stewards or the commission the duties of the official positions can be performed properly by the person and do not cause a conflict of interest. Racing officials may also hold a license in another category if in the opinion of the stewards or the commission the dual license assists the person to better perform the duties of the official position and is not specifically prohibited. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 18-2023, amend filed 07/20/2023, effective 07/20/2023 RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0080 Commission Supervisor of Licensing (1) The commission may appoint a supervisor of licensing to audit and report on the licensing of participants during each race meet. The supervisor of licensing shall have access to all necessary forms, papers, records or any other information which pertain to licensing by the Oregon Racing Commission. (2) The supervisor of licensing shall be empowered to direct the race meet licensee to adopt such procedures and to install such methods and such systems as he/she deems necessary to ensure compliance with the law and rules regarding licensing of participants by the commission. The supervisor of licensing shall report to the stewards any failure of the race meet licensee or a participant to comply with the provisions, or any violation of the law or rules regarding licensing which may come to his/her attention. The supervisor of licensing may include in such reports to the stewards any recommendations he/she may have with respect to the revocation or denial of licenses of any employee of the race meet licensee, participant of the race meet or any other licensee for failure to comply with the law and/or the rules regarding licensing by the commission. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0090 Commission Supervisor of Pari-Mutuels (1) The commission may appoint a representative to be known as the supervisor of pari-mutuels to audit and report on the conduct of the mutuel department during each race meeting. The supervisor of pari-mutuels, as well as a member or members of the commission, shall be given free access to all of the books, papers and records of the race meet licensee at any and all times. (2) The supervisor of pari-mutuels shall be empowered to direct the race meet licensee to adopt such rules and regulations and to install such methods and systems of operating the mutuel department as may be deemed necessary so as to ensure compliance with the law and the rules and regulations of the commission. The said supervisor shall report to the commission any failure of the licensee to comply with the provision hereof or any violation of the law or any of the rules, any regulations of the commission which may come to his/her attention, including in his/her reports, recommendations with respect to the revocation of the licenses of any employee of the race meet licensee for failure to comply with the rules or regulations of the commission, or for fraud, dishonesty, or incompetency. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0100 Commission Investigator(s) (1) The Oregon Racing Commission investigative staff will consist of a chief investigator and investigators. (2) The investigative staff has the authority to investigate all violations of ORS Chapter 462 and administrative rules as they pertain to racing and pari-mutuel wagering. The investigative staff shall be granted immediate access to all areas of the racecourse, off-track wagering sites, hubs and licensed training tracks. (a) The investigative staff has the authority to conduct background investigations on any licensee or person requesting to be licensed. (b) The investigative staff will investigate any matter referred to it by the Oregon Racing Commission, executive director or board of stewards. (3) The investigative staff will enforce all of the laws and rules specified in ORS Chapter 462 and administrative rules as they pertain to racing. (4) The investigative staff will collect and preserve evidence in all matters in which the Oregon Racing Commission is or may be a party of interest. (a) For purpose of OAR 462-130-0010(3)(a) the investigative staff are designated racing commission representatives for the purpose of directing any licensee to submit to a breathalyzer test or to submit a urine specimen for analysis. (b) For purpose of OAR 462-130-0010(3)(b) the investigative staff are designated racing commission representatives for the purpose of directing any licensee to deliver in the presence of a steward or commission representative a sample of urine for laboratory analysis. (5) The investigative staff will refer all matters which may be a violation of ORS Chapter 462 or rules of racing to the board of stewards or commission upon the completion of an investigation. (6) The investigators shall monitor and inspect the off-track wagering facilities (OTBs) as the Oregon Racing Commission’s direct representative. The investigators monitoring the off-track wagering facilities will have general regulatory authority over all wagering activities at the facility and are authorized to stop all wagering activities in the case of any malfunction of the simulcast system at the facility, or other reason set forth in these rules. (7) The investigators may, under circumstances requiring immediate attention, take any appropriate action not expressly authorized by these rules or ORS Chapter 462 in order to protect the best interests of racing. Any action taken by the investigator not expressly authorized by these rules or the statute is subject to review by the Oregon Racing Commission. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 1-2010, f. 9-23-10, cert. ef. 10-1-10 RC 2-2008, f. & cert. ef. 9-30-08 RC 5-2002, f. 12-6-02, cert. ef. 1-1-03 RC 2-2001, f. 3-19-01, cert. ef. 4-1-01 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00