Missouri Code of State Regulations › Title 11 - DEPARTMENT OF PUBLIC SAFETY › Division 45 - Missouri Gaming Commission › Chapter 49 - Organizational Structure, Description, Practices and Procedures › Section 11 CSR 45-49.010 - Organizational Structure, Description, Practices and Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule relating to the organizational
				  structure of the Missouri Horse Racing Commission, its general courses and
				  methods of operation and the procedures where the public may obtain information
				  or make submissions or requests is made to comply with section 536.023.3.,
				  RSMo.
(1) The Missouri Horse
				Racing Commission (also referred to as commission) was established by Article
				III, section 39(b)(3) of the Missouri Constitution, as adopted in
				Constitutional Amendment No. 7 (approved November 6, 1984, effective December
				6, 1984, Article XII, section 2(b),
Missouri Constitution).
The commission consists of five (5) members appointed by the governor, with the
				advice and consent of the Missouri senate. Vacancies on the commission shall be
				filled by the governor in the manner provided for in Article IV, section 4,
Missouri Constitution.
Among other things, the commission has
				full regulatory authority over pari-mutuel wagering in Missouri, the licensure
				of racetracks where pari-mutuel wagering is permitted and the authorization of
				horse races at such tracks.
(2) One
				(1) of the members of the commission is designated chairman by the governor.
				The chairman presides at the meetings of the commission. The chairman shall
				have the power to vote on any matter before the commission. The chairman shall
				have the authority, upon a duly passed motion or resolution of the commission,
				to execute contracts, leases or other documents on behalf of the commission.
				The chairman shall receive service of process on behalf of the commission. In
				the event the chairman is temporarily absent or otherwise temporarily unable to
				perform his/her duties, any three (3) members of the commission may designate
				one (1) of the members of the commission to be the acting chairman to perform
				all the duties of the chairman until his/her temporary incapacity has
				ended.
(3) Three (3) members of the
				commission shall constitute a quorum for the conduct of business. Any
				authorized action may be taken by the commission upon an affirmative majority
				vote of the members present at any lawfully convened meeting. Voting on any
				matter shall be by voice vote; provided that, a roll call vote attributing a
				yea, nay or present to each member shall be made upon request of any member of
				the commission. In case of a tie vote, the question shall be defeated. There
				shall be no voting by proxy and each member shall be entitled to only one (1)
				vote on any single motion, resolution or other matter.
(4) Meetings of the commission may be
				conducted by the attendance of the commission members in person or by
				conference telephone call; provided that, if a meeting of the commission is
				conducted by conference telephone call, at least one (1) of the telephones
				shall be a speaker phone, which allows members of the public to hear and
				comment upon the proceedings of the commission. The location of the speaker
				phone shall be the location of the meeting for purposes of the Sunshine Law,
				Chapter 610, RSMo. Regular meetings of the commission shall be held on the
				first Wednesday of every month at a place and time designated in the notice of
				the meeting. Notice shall be made in accordance with the Sunshine Law, Chapter
				610, RSMo, and written notice shall be sent by mail, postage prepaid or private
				carrier to the members of the commission at least two (2) calendar days prior
				to each meeting. Notice of any meeting may be waived by any member of the
				commission by attendance at the meeting or by act or deed. Regular meetings of
				the commission may be canceled by the chairman or by verbal or written
				communications of any three (3) members of the commission. Special meetings of
				the commission shall be held upon the call of the chairman or by verbal or
				written communications of any three (3) members of the commission upon notice
				as is specified previously in this section; provided that, the chairman or any
				three (3) members of the commission, by verbal or written communications, may
				call a special meeting of the commission without notice in emergencies. A full
				and true record of all the proceedings of the commission shall be kept. Minutes
				of each meeting will be sent to each member of the commission prior to the next
				commission meeting and the minutes will be approved or disapproved at that next
				regular meeting.
(5) There are two
				(2) methods for the removal or ouster of commission members.
(A) The attorney general shall bring a
				quowarranto action to oust any member of the commission from his/her office if-
1. The member, the member's spouse, child or
				parent owns an interest in a race track licensed by the commission;
2. The member, the member's spouse, child or
				parent is an officer, employee, consultant or otherwise receives any
				remuneration from a race track licensee(s); or
3. The member, the member's spouse, child or
				parent holds a financial interest in a management or concession contract with a
				race track licensee(s).