Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2901 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) All persons
				engaged in racing or any part thereof or employed by any person engaged in
				racing or any part thereof, or employed by the licensee to engage in racing or
				any part thereof, shall be licensed by the board.
(2) If approved by the board any eligible
				person may be licensed in a dual capacity providing, however, that there is no
				real or apparent conflict of interest as determined by the board.
(3) It shall be unlawful for any person to
				take part in, or officiate in any way or to be employed in any capacity in any
				race meeting without first having secured a license and paid the license
				fee.
(4) It shall be the duty of
				the licensee conducting the race meet to see that each and every employee of
				the licensee is properly licensed before the race meet commences.
(5) No one under 16 years of age, shall be
				licensed in any capacity. Any person under the age of 16 in the legal custody
				of a licensed racing person may obtain from the board an identification card
				authorizing his presence in the training area.
(6) All applications for licenses to
				participate in racing shall be made to the board on forms supplied by
				them.
(7) The stewards shall
				examine each application for license and may require each applicant to be
				fingerprinted and photographed at such time and place and in such manner as the
				board may direct. The stewards shall recommend approval or disapproval of the
				application and no person shall be recommended for license, who in the opinion
				of the stewards, is unqualified by experience or otherwise to perform the
				duties required of such applicant. If any application for license is not
				approved, the stewards shall inform the board of the reason for not approving
				the application.
(8) The board may
				approve an application for a license which has not been approved by the
				stewards if the reason for not approving as submitted by the stewards appears
				to be inadequate or unsupported by facts. The board may refuse to issue or
				renew a license to any person whose previous conduct is considered by the board
				to be detrimental to the best interests of racing.
(a) A refusal to grant a license by any other
				state unaccompanied by good and valid reasons shall not be considered as a
				ruling by this board.
(b) The
				denial of a license by the board to any applicant has the same force and effect
				as a ruling for the violation of a racing rule, and the denial of a license by
				the board for cause shall continue in effect until such time as the board shall
				approve a subsequent application for a license.
(c) The board will recognize and will uphold
				all rulings of every racing jurisdiction. Under
				23-4-202, MCA, application or
				reapplication for licensure in Montana will be allowed two years after the date
				of the original licensing sanction order, regardless of the jurisdictional
				origin of the original license sanction order. The board reserves the right to
				deny any application for a license from any person whose previous conduct it
				considers to be detrimental to the best interest of racing regardless of
				whether the applicant holds a valid license from another racing jurisdiction.
				The board shall have discretionary power to issue a license, or refuse to do
				so, after an investigation. An applicant for licensure or relicensure under
				this section must complete the reinstatement procedure in (9).