Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:060 - Owners' authorized agents and jockey agents

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215,
				230.260
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) vests the
				Kentucky Horse Racing Commission with the authority to promulgate regulations
				prescribing conditions under which all legitimate horse racing and wagering
				thereon is conducted in the Commonwealth.
				KRS
				230.215(2) and
				230.260(8)
				authorize the commission to promulgate administrative regulations prescribing
				the conditions under which racing shall be conducted in Kentucky. This
				administrative regulation establishes the requirements for authorized owner and
				jockey agents.
Section 1. Agents
			 Permitted. A licensed owner, jockey, or apprentice jockey may authorize another
			 person as an agent to act on the licensee's behalf in matters pertaining to
			 racing in this state and transfer of horses on association grounds, provided
			 the authorization is in writing and defines the powers, limits, and term of the
			 agency.
Section 2. License
			 Required. No person shall act as agent on behalf of another licensee in a
			 matter pertaining to racing in this state, or in the transfer of horses on
			 association grounds, without a current license.
Section 3. Owners' Authorized Agents.
(1) If an authorized agent acts on behalf of
			 more than one (1) owner, a separate agent license shall be obtained by each
			 owner.
(2) An owner seeking to act
			 through an authorized agent shall submit a completed Authorized Agent License
			 Application, KHRC 2-060-01. An application submitted by an owner for an
			 authorized agent license shall be accompanied by the original written agency
			 appointment, signed by the owner and notarized.
(3) If the agency appointment is other than
			 one authorizing broad general powers and qualifies or limits powers of the
			 agent to act on behalf of the principal, then the license, if issued, shall
			 indicate the limitation by the word "qualified" or "limited."
(4) No racing official shall permit an
			 authorized agent whose license indicates a qualified or limited agency to act
			 as an authorized agent until the racing official has inspected a copy of the
			 agency appointment and ascertains whether the act is empowered by
			 agency.
(5) Unless precluded by
			 specified limitations in the agency appointment, a licensed authorized agent
			 may perform on behalf of the licensed owner acts related to racing in this
			 state or transfer of horses on association grounds that could be performed by
			 the principal had the principal been present. In executing a document on behalf
			 of the principal, an authorized agent shall clearly indicate he or she is
			 acting as an authorized agent and shall specify the principal for whom he or
			 she is acting. When an authorized agent enters a claim for the account of a
			 principal for whom he or she is licensed as an authorized agent, the name of
			 the licensed owner for whom the claim is being made and the name of the
			 authorized agent shall appear on the claim slip.