Louisiana Administrative Code › Title 35 - HORSE RACING › Part XVII - Historical Horse Racing › Chapter 131 - Wagering on Historical Horse Racing › Section XVII-13109 - Duties of the Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commission shall enact such policies and procedures to implement the following
				responsibilities:
1. license and regulate
				operators for the operation of historical horse racing wagering systems
				authorized pursuant to
				R.S.
				4:141 et seq
.
, including
				adopting, promulgating, and enforcing rules and regulations governing
				historical horse racing wagering consistent with
				R.S.
				4:141 et seq
.
;
2. regulate the operation of historical horse
				racing wagering in order to prevent and eliminate corrupt practices and
				fraudulent behavior, and thereby promote integrity, security, and honest
				administration in, and accurate accounting of, the operation of historical
				horse racing wagering operations which are subject to
				R.S.
				4:141 et seq.;
3. establish criteria to license applicants
				for operator licenses and all other types of licenses for other positions and
				functions incident to the operation of historical horse racing wagering,
				including adopting, promulgating, and enforcing rules, regulations, and
				eligibility standards, or waiving such criteria in limited circumstances as
				provided for in the
Rules of Racing
, for such operator
				licenses, management company licenses, vendor licenses, key person licenses and
				other occupational licenses, positions, and functions incident to the operation
				of historical horse racing wagering;
4. charge fees for applications for licenses,
				to include the cost of conducting background investigations, and for the
				issuance of operator licenses, management company licenses, vendor licenses,
				key person licenses and other occupational licenses and all other types of
				licenses to successful applicants which will be payable to the
				commission;
5. charge fees to
				operators in an amount necessary to compensate the commission for the cost of
				oversight and regulatory services to be provided, which will be payable to the
				commission;
6. grant, deny, revoke,
				and suspend operator licenses and all other types of licenses based upon
				reasonable criteria and procedures established by the commission to facilitate
				the integrity, productivity, and lawful conduct of historical horse racing
				within the State of Louisiana;
7.
				to investigate the suitability of applicants for operator licenses and all
				other types of licenses;
8. to
				determine the priority and eligibility of any applicant for a license and to
				select among competing applicants for a license, the applicant who or which
				best serves the interests of the residents of Louisiana;
9. to administer oaths and affirmations to
				the witnesses, when, in the opinion of the commission, it is necessary to
				enforce the provisions of
				R.S.
				4:141 et seq. or the
Rules of
				Racing
;
10. to adopt
				technical standards governing the design, operation and control of historical
				horse racing equipment;
11. inspect
				the operation of any operator conducting historical horse racing wagering for
				the purpose of certifying the revenue thereof and receiving complaints from the
				public;
12. to approve the hours of
				operation for each historical horse racing facility. Change to such hours of
				operation may be made by the operator for extenuating circumstances with notice
				to the commission stating the reasons for the change;
13. to audit or cause audit of historical
				horse racing wagering operations, including those that have ceased
				operation;
14. issue subpoenas for
				the attendance of witnesses or the production of any records, books, memoranda,
				documents, papers, videos, pictures, electronic media, or other things at or
				prior to any hearing as is necessary to enable the commission to effectively
				discharge its duties;
15. executive
				director oaths or affirmations as necessary to carry out
				R.S.
				4:141 et seq.;
16. have the authority to impose, subject to
				judicial review, administrative fines not to exceed $25,000 for each violation
				of
				R.S.
				4:141 et seq. or any
Rules of
				Racing
adopted and promulgated pursuant to
				R.S.
				4:141 et seq.
17. to receive and investigate complaints
				from patrons concerning the conduct of historical horse racing;
18. to inspect, test and approve historical
				horse racing systems and related equipment proposed for use or placed in use in
				historical horse racing facilities;
19. to approve locations for the storage and
				servicing of historical horse racing systems and related equipment;
20. to require that a historical horse racing
				facility make devices and equipment available for examination and
				inspection;
21. establish
				procedures for the governance of the commission;
22. acquire necessary offices, and to employ
				the services of persons the commission considers necessary for the purposes of
				consultation or investigation, and fix the salaries of, or contract for the
				services of, legal, accounting, technical, operational, and other personnel and
				consultants;
23. to secure, by
				agreement, information and services as the commission considers necessary from
				any other unit of government;
24.
				maintain the excluded persons database in accordance with the provisions of the
Rules of Racing
;
25. establish and enforce minimum internal
				controls for the operation of historical horse racing wagering and by which
				each operator will develop their own internal controls;
26. establish procedures for an applicant for
				a staff position to disclose conflicts of interest as part of the application
				for employment;
27. to determine
				any facts or any conditions, practices, or other matters as the commission
				considers necessary or proper to aid in the enforcement of
				R.S.
				4:141 et seq.; and
28. do all things necessary and proper to
				carry out its powers and duties under
				R.S.
				4:141 et seq., including the adoption and
				promulgation of rules and regulations.