Iowa Administrative Code › Agency 491 - Racing and Gaming Commission › Chapter 6 - Occupational and Vendor Licensing › Rule 491-6.2 - Occupational Licensing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Licensee staff
			 engaged in administration, control, conduct of gambling games, racing and
			 sports wagering and fantasy sports contest board members, with the exception of
			 certified law enforcement officers while they are working for the facility as
			 uniformed officers, are required to be properly licensed by the commission.
a. License applicants may be required to
			 furnish to the commission a set of fingerprints and may be required to be
			 refingerprinted or rephotographed periodically.
b. License applicants must supply current
			 photo identification and proof of their social security number and date of
			 birth.
c. License applicants must
			 complete and sign the application form prescribed and published by the
			 commission. An incomplete application shall not be processed. The application
			 shall state the full name, social security number, residence, date of birth,
			 and other personal identifying information of the applicant that the commission
			 deems necessary. The application shall include, in part, whether the applicant
			 has any of the following:
(1) A record of
			 conviction of a felony or misdemeanor, including a record involving the entry
			 of a deferred judgment and adjudications of delinquency;
(2) An addiction to alcohol or a controlled
			 substance;
(3) A history of mental
			 illness or repeated acts of violence;
(4) Military convictions;
(5) Adjudication of delinquency; or
(6) Overdue income taxes, fines,
			 court-ordered legal obligations, or judgments.
d. License applicants for designated
			 positions of higher responsibility may be required to complete a division of
			 criminal investigation (DCI) background form.
e. A fee set by the commission shall be
			 assessed to each license applicant. Once a license is issued, the fee cannot be
			 refunded.
f. License applicants
			 must pay an additional fee set by the Federal Bureau of Investigation (FBI) and
			 by the department of public safety (DCI and bureau of identification) to cover
			 the cost associated with the search and classification of
			 fingerprints.
g. All racing and
			 gaming commission fees for applications or license renewals must be paid by
			 applicants or licensees before a license will be issued or renewed or, if the
			 applicant is an employee of a facility, the commission fees will be directly
			 billed to the facility.
h. An
			 applicant who knowingly makes a false statement on the application is guilty of
			 an aggravated misdemeanor.
i.
			 Participation in racing and gaming, sports wagering, and internet fantasy
			 sports contests in the state of Iowa is a privilege and not a right. The burden
			 of proving qualifications to be issued any license is on the applicant at all
			 times. An applicant must accept any risk of adverse public notice,
			 embarrassment, criticism, or other action, as well as any financial loss that
			 may result from action with respect to an application.
j. All licenses are conditional until
			 completion of a necessary background investigation including, but not limited
			 to, fingerprint processing through the DCI and the FBI and review of records on
			 file with national organizations, courts, law enforcement agencies, and the
			 commission.
k. Any licensee who
			 allows another person use of the licensee's license badge for the purpose of
			 transferring any of the benefits conferred by the license may be fined, have
			 the license suspended or revoked, or be subject to any combination of the
			 above-mentioned sanctions. No license shall be transferable.
l. It shall be the affirmative responsibility
			 and continuing duty of each applicant to provide all information,
			 documentation, and assurances pertaining to qualifications required or
			 requested by the commission or commission representatives and to cooperate with
			 commission representatives in the performance of their duties. A refusal by any
			 person to comply with a request for information from a commission
			 representative shall be a basis for fine, suspension, denial, revocation, or
			 disqualification.
m. Non-U.S.
			 citizens must supply documentation authorizing them to work in the United
			 States.
n. Portions of all
			 completed applications accepted by the commission are confidential. The
			 following persons have the explicit right to review all information contained
			 on the application: the applicant, all commission officials and employees, the
			 track steward, and DCI agents or other law enforcement officers serving in
			 their official capacity.
o. A
			 license may not be issued or held by an applicant who is unqualified, by
			 experience or otherwise, to perform the duties required.
p. A license may not be issued to applicants
			 who have not previously been licensed in the following occupations except upon
			 recommendation by the commission representative: trainers, assistant trainers,
			 jockeys, apprentice jockeys, exercise persons, and other occupations the
			 commission may designate. The commission representative may, for the purpose of
			 determining a recommendation under this subrule, consult a representative of
			 the facility, horsemen, or jockeys.