Utah Administrative Code
Topic - Agriculture and Food
Title R52 - Horse Racing Commission (Utah)
Rule R52-7 - Horse Racing
Section R52-7-3 - Commission Powers and Jurisdiction
Current through Bulletin 2024-06, March 15, 2024
1. Description and Powers. The Utah Horse Racing Commission is an administrative body created by Section 4-38-103. The Commission consists of five members that are appointed by the governor, and whose powers and duties are prescribed by the legislature. The Commission appoints an executive director who is the administrative head of the agency, and the Commission determines the duties of the executive director. The Commission shall have supervision of any sanctioned race meetings held in Utah, any occupation and organization licensees in the State, and any persons on the property of an organization licensee.
2. Jurisdiction. Without limitations by specific mention hereof, the stated purposes of the rules promulgated are:
3. Controlling Authority. The law, the rules, and the orders of the Commission supersede the conditions of a race meeting and govern Thoroughbred, Quarter Horse, Appaloosa, Arabian, Paint and Pinto racing, except in the event they can have no application to a specific type of racing. In the latter case, the Stewards may enforce rules or conditions of The Jockey Club for Thoroughbred racing, the American Quarter Horse Association for Quarter Horse racing; the Appaloosa Horse Club for Appaloosa racing; the Arabian Horse Racing Association of America for Arabian racing; the American Paint Horse Association for Paint racing; and the Pinto Horse Association of America, Inc., for Pinto racing; if such rules or conditions are not inconsistent with the Laws of Utah and the Rules of the Commission.
4. Commission Meetings. The following provisions govern any meeting at which a voting majority of Commission members appear at the anchor location, by telephone, or electronically pursuant to Section 52-4-207:
5. Punishment by The Commission. Violation of the act and rules promulgated by the Commission, whether or not a penalty is fixed therein, is punishable in the discretion of the Commission by denial, revocation or suspension of any license; by fine; by exclusion from racing enclosures under the jurisdiction of the Commission; or by any combination of these penalties. Fines imposed by the Commission shall not exceed $10,000 against individuals for each violation of any rules promulgated by the Commission, any Order of the Commission, or for any other action which, in the discretion of the Commission, is a detriment or impediment to horse racing, according to Subsection 4-38-301(4).
6. Extension for Compliance. If a licensee fails to perform an act or obtain required action from the Commission within the time prescribed therefore by these rules, the Commission, at some subsequent time, may allow the performance of such act or may take the necessary action with the same effect as if the same were performed within the prescribed time.
7. Notice to Licensee. When notice is required to be given by the Commission or the Stewards, the notice shall be given in writing by personal delivery to the person to be notified or by mailing, to the last known address furnished to the Commission; or may be given as is provided for service of process in a civil proceeding in Utah and pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
8. Location for Information or Filing with Commission. When information is requested or a notice in any matter is required to be filed with the Commission, such notice shall be delivered to an authorized representative of the Commission at an Office of the Commission on or before the filing deadline. Offices of the Commission are currently located at: Utah Department of Agriculture and Food, 350 North Redwood Road, Salt Lake City, UT 84116.
9. Public Inspection of Documents. Forms adopted by the Commission together with any rules and other written statements of policy or interpretation; and any final orders, decisions, and opinions, formulated, adopted, or used by the Commission in the discharge of its functions are available for public inspection at the office.
10. Forms and Instruction. The following forms and instructions for their use have been adopted by the Commission:
11. Forms for substituting petitions for promulgating or repealing of rules, and for requests for declaratory ruling are available at the Utah Department of Agriculture and Food.