CHAPTER Pari 600  RULES OF HARNESS RACING

 

Statutory Authority:  RSA 284:12, I and VI.

 

PART Pari 601  PURPOSE AND SCOPE

 

          Pari 601.01  Purpose.  The purpose of this chapter is to establish rules applicable to harness racing conducted under the jurisdiction of the New Hampshire racing and charitable gaming commission (commission).

 

Source.  #8605, eff 4-12-06; ss by #9248, eff 8-29-08

 

Pari 601.02  Scope.  This chapter shall apply to any harness racing conducted at any racing premises in New Hampshire.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

PART Pari 602  DEFINITIONS

 

Pari 602.01  General Definitions.

 

(a)  “Association of Racing Commissioners International, Inc. (ARCI)” means an organization with a membership composed of the racing commissioners of some states and neighboring territories and countries and an associate membership composed of representatives of the racing industry and its regulators in some foreign countries.

 

(b)  “ARCI/NAPRA Joint Rules” means Version 3.2 of the set of standards and guidelines relating to horse and dog racing prepared and approved by ARCI and NAPRA on December 9, 2004.

 

(c)  “North American Pari-Mutuel Regulators Association (NAPRA)” means an organization with the purpose of providing a cost-effective focal point for communications, and dispersing information relating to, the pari-mutuel industry and with a mission including the promotion of the integrity of the pari-mutuel industry through the formulation and communication of regulatory guidelines.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 602.02  ARCI/NAPRA Definitions.

 

(a)  The definitions contained in the ARCI/NAPRA, Chapter 19, subject to the amendment set forth in (b) below shall apply to this chapter.

 

(b)  Section PMRMR-019-010(6) of item incorporated in (a) above shall be amended by inserting “This term shall include “racing premises”.” at the end of the paragraph.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

PART Pari 603  WAIVER

 

Pari 603.01  Waiver.  The commission shall waive any provision of Pari 600 if it concludes that waiver is necessary to:

 

(a)  Comply with statutory or case law relative to the topics set forth herein;

 

(b)  Maintain the integrity of harness races run in the state of New Hampshire;

 

(c)  Advance the purposes of RSA 284 as it applies to harness racing;

 

(d)  Foster the safety of persons or horses involved in horse racing; or

 

(e)  Address a matter set forth in the ARCI/NAPRA Joint Rules in a manner that is consistent with other rules adopted by the commission.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

PART Pari 604  ARCI/NAPRA JOINT RULES

 

        Pari 604.01  ARCI/NAPRA Joint Rules.

 

(a)  Except as otherwise provided herein, the rules of the commission relating to harness racing in New Hampshire shall be as set forth in the ARCI/NAPRA Joint Rules, Chapters 20, 21, 22, 23, 24 and 25, subject to the amendments set forth in (c) below and to the provisions on prohibited substances and practices in horseracing found in Pari 700.

 

(b)  The following amendments shall apply to the item incorporated in (a) above:

 

(1)  Amend PMRMR-020-010 A. by:

 

a.  Deleting paragraph (11) entirely;

 

b.  Inserting the word “and” following the semicolon in paragraph (10); and

 

c.  Changing the number of paragraph (12) to paragraph (11);

 

(2)  Amend PMRMR-020-015 B. by

 

a.  Inserting the number “7” in the blank space; and

 

b.  Deleting the phrase “with completion of their official business” and replacing it with the phrase “only after being notified in writing by the Commission”;

 

(3)  Amend PMRMR-020-015 C. (6) by inserting the phrase “or the Commission-approved racing laboratory” after the word “veterinarian;”

 

(4)  Amend PMRMR-020-015 C. (7) (f) by inserting the phrase “recommend to the Commission to” before the word “revoke;”

 

(5)  Amend PMRMR-020-015 C. (9) by inserting the phrase “30 days beyond end of meet” in the blank space and deleting the words “per violation”;

 

(6)  Amend PMRMR-020-015 C. (14) by inserting the phrase “48 hours” in the blank space;

 

(7)  Amend PMRMR-020-015 G. (1) by deleting the last sentence and replacing it with the sentence, “The report shall be signed by the Commission judge and filed with the Commission after the end of each race day;”

 

(8)  Amend PMRMR-020-045 C. (2) by deleting the phrase “and fifths” and replacing it with the phrase “tenths or hundredths;”

 

(9)  Amend PMRMR-020-060 A. (8) by inserting a period after the final word, “Commission,” and inserting thereafter the following sentence:

 

“This provision (8) shall not be construed to require that the official veterinarian be physically present for the taking of all specimens.”

 

(10)  Amend PMRMR-020-060 A. (10) by deleting the phrase “the racing veterinarian and”;

 

(11)  Amend PMRMR-020-060 A. (13) by inserting the phrase “or unless authorized to do so by the judges” after the word “injury”;

 

(12)  Amend PMRMR-020-060 A. (14) by:

 

a.  Inserting a comma after the word “Commission”; and

 

b.  Inserting the phrase “unless authorized to do so by the judges ” after the last comma;

(a)     

(13)  Amend the first sentence of PMRMR-020-060 B. by:

 

a.  Inserting the word “official” before the word “Veterinarian”;

 

b.  Deleting the word “not” and replacing it with the word “only”; and

 

c.  Deleting the phrase “for ___ days” and replacing it with the phrase “by the official veterinarian”;

 

(14)  Amend the second sentence of PMRMR-020-060 B. by deleting the phrase “the ____ day period has expired” and replacing it with the phrase “they have been removed from the list”;

 

(15)  Delete PMRMR-020-065 and all of its sections, paragraphs and subparagraphs entirely;

 

(16)  Renumber PMRMR-020-070 as PMRMR-20-065;

 

(17)  Amend PMRMR-021-015 B. (1) by:

 

a.  Deleting the parenthetical “(jurisdiction)” and replacing it with the phrase “the state of New Hampshire”; and

 

b.  Deleting the phrase “in either case not more than the financial liability of the association permit throughout the race meeting for which the association permit is requested” and replacing it with the phrase “not to exceed the requirements of RSA 284:18”;

 

(18)  Amend PMRMR-021-015 C. (3) by inserting the number “120” in the blank space;

 

(19)  Amend PMRMR-021-020 A. (5) (a) by:

 

a.  Deleting the word “two” and replacing it with the word “one”; and

 

b.  Deleting the “s” from the word “beds”;

 

(20)  Amend PMRMR-021-020 A. (5) (b) by inserting the phrase “or registered nurse” after the parenthetical “(EMT)”;

 

(21)  Amend PMRMR-021-020 A. (6) by deleting the phrase “or training”;

 

(22)  Delete PMRMR-021-020 A. (8) entirely;

 

(23)  Amend certain of the paragraph numbers in PMRMR-021-20 A. as follows:

 

a.  Renumbering paragraph (9) as paragraph (8);

 

b.  Renumbering paragraph (10) as paragraph (9);

 

c.  Renumbering paragraph (11) as paragraph (10); and

 

d.  Renumbering paragraph (12) as paragraph (11);

 

(24)  Amend renumbered PMRMR-021-020 A. (8), identified in the ARCI/NAPRA Joint Rules as PMRMR-021-020 A. (9), by deleting the phrase “or when it is following the field during the running of a race”;

 

(25)  Amend PMRMR-021-020 C. (3) by:

 

a.  Inserting the phrase “or show on television” in the third sentence, after the word “post”;

 

b.  Deleting the phrase “from a negative” from the fifth sentence; and

 

c.  Inserting the phrase “or electronic files” in the sixth sentence, after the word “negatives”;

 

(26)  Amend PMRMR-021-020 J. (4) (d) by deleting the word “each” and replacing it with the word “one”;

 

(27)  Amend PMRMR-021-020 L. (2) (a) by inserting the number “4” in the blank space;

 

(28)  Amend PMRMR-021-020 L. (2) (b) by inserting the number “4” in the blank space;

 

(29)  Amend PMRMR-021-020 L. (2) (d) by inserting the number “2” in the blank space;

 

(30)  Amend PMRMR-021-020 L. (3) by:

 

a.  Deleting the phrase “An association” and replacing it with the phrase “The Commission”;

 

b.  Inserting the phrase “and the Commission” at the end of the first sentence; and

 

c.  Deleting the second sentence;

 

(31)  Amend PMRMR-021-020 M. (1) by deleting the phrase “the racing veterinarian or”;

 

(32)  Amend PMRMR-021-025 A. (4) by inserting the phrase “the association or” in the second sentence, after the phrase “credentials issued by”;

 

(33)  Amend PMRMR-021-025 B. (2) by:

 

a.  Inserting the number “7” in the blank space;

 

b.  Deleting the word “marshal’s” from before the word “certification” in the first sentence;

 

c.  Deleting the word “marshal’s” from before the word “plan” in the first sentence and replacing it with the word “official’s”;

 

d.  Deleting the phrase “the fire marshal” in the second sentence and replacing it with the phrase “a fire official”; and

 

e.  Inserting a third sentence at the end of the paragraph reading as follows:

 

“For the purposes of this rule, a “fire official” shall be a person authorized by the municipality in which the meet is to be held to conduct fire inspections in order to determine compliance with state, local or other applicable fire regulations or codes, recommend plans for correction of deficiencies or determine compliance with such plans.”

 

(34)  Amend PMRMR-022-010 A. (1) (b) by:

 

a.  Inserting the word “and ” before the phrase “official veterinarian”; and

 

b.  Deleting the phrase “and racing veterinarian”;

 

(35)  Delete PMRMR-022-010 A. (1) (d) entirely;

 

(36)  Delete PMRMR-022-010 A. (3) entirely;

 

(37)  Delete PMRMR-022-010 B. and all of its paragraphs and subparagraphs entirely and replace it with the following statement:

 

“PMRMR-022-010 B. has been deleted.”

 

(38)  Amend PMRMR-022-010 C. by deleting the phrase “a North American Pari-Mutuel Regulator’s Association (NAPRA) or”;

 

(39)  Amend PMRMR-022-010 H. by deleting paragraphs (7), (8), (9) and (10) in their entirety;

 

(40)  Amend certain of the paragraphs in PMRMR-022-010 H. as follows:

 

a.  Renumbering paragraph (11) as paragraph (7);

 

b.  Renumbering paragraph  (12) as paragraph (8);

 

c.  Renumbering paragraph  (13) as paragraph (9);

 

d.  Renumbering paragraph (14) as paragraph (10);

 

e.  Renumbering paragraph (15) as paragraph (11);

 

f.  Renumbering paragraph (16) as paragraph (12);

 

g.  Renumbering paragraph (17) as paragraph (13);

 

h.  Renumbering paragraph (18) as paragraph (14);

 

i.  Renumbering paragraph (19) as paragraph (15);

 

j.  Renumbering paragraph (20) as paragraph (16);

 

k.  Renumbering paragraph (21) as paragraph (17); and

 

l.  Renumbering paragraph (22) as paragraph (18);

 

(41)  Amend renumbered PMRMR-022-010 H. (11), identified in the ARCI/NAPRA Joint Rules as PMRMR-022-010 H. (15), by deleting the numbers “16-18” and replacing them with the numbers “12 - 14”;

 

(42)  Amend renumbered PMRMR-022-010 H. (18), identified in the ARCI/NAPRA Joint Rules as PMRMR-022-010 H. (22), by:

 

a.  Deleting the numbers “13-15” and replacing them with the numbers “9 - 11”; and

 

b.  Deleting the numbers “16-18” and replacing them with the numbers “12-14”;

 

(43)  Amend PMRMR-022-010 P. (2) by deleting the abbreviations “SC, NAPRA”;

 

(44)  Amend PMRMR-022-010 S. by:

 

a.  Inserting the number “30” in the first blank space; and

 

b.  Inserting the amount “$500” in the second blank space;

 

(45)  Amend PMRMR-022-010 V. by deleting paragraph (3) entirely;

 

(46)  Amend PMRMR-022-010 V. (4) by renumbering it as PMRMR-022-10 V. (3);

 

(47)  Amend PMRMR-022-010 W. (1) by inserting the phrase “or identification badge” after the word “license”;

 

(48)  Amend PMRMR-022-010 W. (2) by inserting the phrase “or identification badge” after the word “license”;

 

(49)  Amend PMRMR-022-010 X. (2) by:

 

a.  Inserting the phrase “, the state judge or the board of judges” after the phrase “Track security” at the beginning of the first sentence; and

 

b.  Deleting the phrase “track security” at the end of the first sentence and replacing it with the phrase “board of judges”;

 

(50)  Amend PMRMR-022-010 BB. by:

 

a.  Deleting the phrase “NAPRA or”;

 

b.  Deleting the phrase “SC/USTA, and”; and

 

c.  Inserting the phrase “and USTA” after the abbreviation “RCI”;

 

(51)  Amend PMRMR-022-015 B. (6) by deleting the abbreviation “SC”;

 

(52)  Amend PMRMR-022-015 C. by deleting the abbreviation “or SC”;

 

(53)  Amend PMRMR-022-015 D. (1) by deleting the abbreviation “/SC”;

 

(54)  Delete PMRMR-022-015 D. (2) entirely;

 

(55)  Amend PMRMR-022-015 D. (3) by renumbering it as paragraph (2);

 

(56)  Delete PMRMR-022-015 D. (4) entirely;

 

(57)  Amend PMRMR-022-020 C. (4) by inserting the number “24” in the blank space;

 

(58)  Amend PMRMR-022-020 C. (22) by inserting the number “90” in the blank space;

 

(59)  Amend PMRMR-022-025 A. (6) by inserting the phrase “and the Horseman’s Bookkeeper” after the word “Commission;”

 

(60)  Amend PMRMR-022-025 B. (4) by deleting the abbreviation “/SC”;

 

(61)  Amend PMRMR-022-030 (2) (a) by deleting the abbreviation “/SC”;

 

(62)  Amend PMRMR-022-040 (2) by inserting the number “3” in the blank space;

 

(63)  Amend PMRMR-023-010 A. by:

 

a.  Inserting the word “and” at the end of paragraph (2);

 

b.  Deleting the semicolon at the end of paragraph (3) and inserting a period;

 

c.  Deleting paragraph (4) entirely; and

 

d.  Deleting paragraph (5) entirely;

 

(64)  Amend PMRMR-023-010 D. by inserting the following after the heading “Qualifying Races”:

 

“(1)  Schooling races; and

 

(2)  Matinee races”

 

(65)  Amend PMRMR-023-015 A. (1) by deleting the phrase “, schooling or matinee”;

 

(66)  Amend PMRMR-023-015 A. (2) by inserting the number “24” in both the first and the second blank spaces;

 

(67)  Amend PMRMR-023-015 B. (2) by inserting the number “3” in the blank space;

 

(68)  Amend PMRMR-023-020 A. by:

 

a.  Deleting the word “OR” appearing after paragraph (6);

 

b.  Deleting paragraph (7) entirely;

 

c.  Deleting paragraph (8) entirely;

 

d.  Renumbering paragraph (9) as paragraph (7);

 

e.  Renumbering paragraph (10) as paragraph (8); and

 

f.  Inserting the phrase “within 30 days or at the end of the meet” in the blank space in renumbered paragraph (8), identified in the ARCI/NAPRA Joint Rules as paragraph (10);

 

(69)  Amend PMRMR-023-020 C. (1) by inserting the phrase “or certified funds” before the phrase “on deposit”;

 

(70)  Amend PMRMR-023-020 C. (4) by:

 

a.   Deleting the number “30” and replacing it with the number “15”;

 

b.  Inserting the word “and” after the word “received”; and

 

c.  Deleting the phrase “and whether credit in the required amount has been established” from the second sentence;

 

(71)  Amend PMRMR-023-020 C. (12) by:

 

a.  Inserting the phrase “and blood” after the word “urinalysis” in the first sentence;

 

b.  Deleting the word “may” in the first sentence and replacing it with the word “shall”; and

 

c.  Inserting the phrase “and blood” after the word “urine” in the second sentence;

 

(72)  Amend PMRMR-023-020 C. (15) by inserting the number “30” in the blank space;

 

(73)  Amend PMRMR-023-025 C. (1) by inserting the number “45” in the blank space;

 

(74)  Amend PMRMR-023-025 C. (2) by:

 

a.  Inserting the phrase “December 1st” in the first blank space; and

 

b.  Inserting the phrase “November 1st” in the second blank space;

 

(75)  Amend PMRMR-023-025 C. (3) by inserting the number “10” in the blank space;

 

(76)  Amend PMRMR-023-025 D. (2) (a) by inserting the phrase “October 1st” in the blank space;

 

(77)  Amend PMRMR-023-025 D. (2) (b) by inserting the phrase “November 1st” in the blank space;

 

(78)  Amend PMRMR-023-025 D. (2) (c) by inserting the phrase “April 1st” in the blank space;

 

(79)  Amend PMRMR-023-025 D. (2) (g) by:

 

a.  Inserting the phrase “1st” in the first blank space; and

 

b.  Inserting the phrase “15th” in the second blank space;

 

(80)  Amend PMRMR-023-025 D. (3) by:

 

a.  Inserting the number “30” in the first blank space; and

 

b.  Inserting the number “7” in the second blank space;

 

(81)  Amend PMRMR-023-025 D. (6) by inserting the number “2” in the blank space;

 

(82)  Amend PMRMR-023-025 D. (7) by inserting the phrase “April 1st” in the blank space;

 

(83)  Amend PMRMR-023-025 D. (10) by:

 

a.  Inserting the number “12” in the blank space; and

 

b.  Inserting the word “noon” after the word “o’clock”;

 

(84)  Amend PMRMR-023-025 D. (11) by inserting the number “15” in the blank space;

 

(85)  Amend PMRMR-023-025 D. (14) by inserting the number “6” in the blank space;

 

(86)  Amend PMRMR-023-025 D. (20) by inserting the number “80” in the blank space;

 

(87)  Amend PMRMR-023-025 D. (21) by inserting the number “75” in the blank space;

 

(88)  Amend PMRMR-023-025 D. (22) by:

 

a.  Inserting the number “60” in the first blank space;

 

b.  Inserting the number “40” in the second blank space; and

 

c.  Inserting the number “7” in the third blank space;

 

(89)  Amend PMRMR-023-025 D. (26) by:

 

a.  Inserting the number “10” in the first blank space;

 

b.  Inserting the number “10” in the second blank space;

 

c.  Inserting the number “10” in the third blank space; and

 

d.  Inserting the number “10” in the fourth blank space;

 

(90)  Amend PMRMR-024-010 A. by:

 

a.  Inserting the time “9:00” in the blank space in (1)(a); and

 

b.  Inserting the time “10:00” in the blank space in (1)(b);

 

(91)  Amend PMRMR-024-010 B. by inserting the amount “$500” in the blank space in paragraph (8);

 

(92)  Amend PMRMR-024-010 C. by:

 

a.  Deleting the word “Commission” in paragraph (1) and replacing it with the phrase “racing secretary”;

 

b.   Inserting the number “30” in the first blank space in (3)(b);

 

c.  Inserting the number “60” in the second blank space in (3)(b);

 

d.  Deleting the word “Commission” in the second sentence of (3)(b) and replacing it with the phrase “board of judges”; and

 

e.  Inserting the number “30” in the blank space in (3)(c);

 

(93)  Amend PMRMR-024-010 D. by inserting the number “2” in the blank space;

 

(94)  Amend PMRMR-024-015 A. (1)(a) by deleting the word “may” and replacing it with the word “shall”;

 

(95)  Amend PMRMR-024-020 (7) by:

 

a.  Deleting the phrase “with the representative of the drivers and trainers and a representative of management.  If required by the judges and the representative of the drivers and trainers shall conduct a secret ballot of the drivers and trainers of horses participating in that program of racing”; and

 

b.  Deleting the phrase “If the vote of the drivers and trainers determines that more than ___ percent vote against racing, the card shall be cancelled.  If more than ___ percent and less than ___ percent vote to race, trainers will be allowed to withdraw horses without penalty.  If more than ___ percent vote to race, the regular rules of withdrawal and scratching of horses will apply”;

 

(96)  Amend PMRMR-024-025 by:

 

a.  Inserting the number “30” in the blank space in (1)(e);

 

b.  Inserting the number “14” in the blank space in (1)(f); and

 

c.  Deleting the parenthetical “(Number of Times)” in (1)(k)(4) and replacing it with the word “once”;

 

(97) Amend PMRMR-024-030 B. by deleting the phrase “and be shown on the program”;

 

(98)  Amend PMRMR-024-035 A. by:

 

a.  Inserting the number “10” in the blank space in paragraph (3); and

 

b.  Inserting the number “3” in the blank space in paragraph (4);

 

(99)  Amend paragraph PMRMR-024-035 J. (1) by inserting a new subparagraph (m) immediately before paragraph (2) to read as follows:

 

“(m)  Fail to react to an excessive slow Ľ.”;

 

(100)  Amend PMRMR-024-035 by deleting the second section B., entitled “B. Passing Lane” and all of its paragraphs and subparagraphs entirely;

 

(101)  Amend chapter PMRMR-025 by deleting the words “steward” and “stewards” throughout the chapter and replacing them with the words “judge” and “judges” respectively;

 

(102) Amend PMRMR-025-010 B. (1) by:

 

a.  Deleting the phrase “as otherwise provided by this subsection”; and

 

b.  Inserting in place of the deleted phrase, after the word “except,” the phrase “for a veterinary assistant operating under the direction of a veterinarian licensed by the Commission or as otherwise provided by this subsection or by Pari 700;” 

 

(103)  Amend the first sentence of PMRMR-025-010 B. (3) by:

 

a.  Deleting the phrase “unless otherwise approved by the Commission”; and

 

b.  Inserting in place of the deleted phrase, after the word “grounds,” the phrase “other than a licensed veterinarian except as provided below”;

 

(104)  Amend PMRMR-025-010 B. (3) by deleting the third sentence and replacing it with “A person who has a medical condition which makes it necessary to have a syringe at any location under the jurisdiction of the Commission, that person shall upon request of the Commission furnish a letter from a licensed physician explaining why it is necessary for the person to possess a syringe, and must comply with any conditions and restrictions set by the Commission.”; 

 

(105)  Amend PMRMR-025-010 B. (4) by deleting the citation “PMRMR-011-020 F.” and replacing it with the citation “PMRMR-025-020”;

 

(106)  Amend PMRMR-025-010 B. by adding a subparagraph (5) reading as follows:

 

“Any horse entered for racing must be present on the grounds 5 hours prior to the post time of the race they are entered in.”

 

(107)  Amend PMRMR-025-010 C. (1) by:

 

a.  Deleting the phrase “a form(s) approved” after the phrase “in writing on” and replacing it with the phrase “the medication report form prescribed”;

 

b.  Inserting the phrase “the judges or other Commission designee at the racetrack where the horse is entered to run or as otherwise specified by the Commission,”before the phrase “the name of the horse treated”; and

 

c.  Inserting the phrase “or the judges” after the second phrase “official veterinarian”;

 

(108)  Amend PMRMR-025-010 C. (2) by deleting the word “report” and replacing it with the phrase “medication report form”;

 

(109)  Amend PMRMR-025-010 C. (3) by deleting the phrase “report shall be on file not later than the time prescribed by the official veterinarian” and replacing it with the phrase “medication report form must be filed by the treating veterinarian not later than post time of the race for which the horse is entered”;

 

(110)  Amend PMRMR-025-010 C. (4) by:

 

a.  Deleting the word “veterinarian” and replacing it with the phrase “medication”;

 

b.  Inserting the word “form” after the word “Report”;

 

c.  Inserting the phrase “, if any,” after the word “extent”;

 

d.  Inserting the word “rules” before the word “violation”; and

 

e.  Deleting the phrase “of these rules” after the word “violation”;

 

(111)  Amend PMRMR-025-015 by:

 

a.  Deleting paragraphs (1), (2), (3) and (5) entirely and renumbering paragraph (4) as paragraph (2);

 

b.  Inserting the following as a new paragraph (1) after the introductory phrase “The following are considered prohibited practices”:

 

“(1)  Those practices and the use of those substances which are prohibited under Pari 700”; and

 

c.  Replacing the “X” and blank spaces appearing in paragraph (4), renumbered here as paragraph (2), with the number “10”;

 

(112)  Amend PMRMR-025-020 by:

 

a.  Inserting immediately after the title of the section a sentence reading as follows:

 

“The rules of the Commission relating to the use of prohibited substances and practices in horse racing shall be as set forth in Pari 700”;

 

b.  Deleting from the introductory paragraph the sentences reading “The stewards shall also consult with the official veterinarian to determine the nature and seriousness of the laboratory finding or the medication violation and if the violation was a result of the administration of a therapeutic medication as documented in a veterinarian’s report received per PMRMR-011-010 (C).  Provided, however, that in the event a majority of the stewards determine that mitigating circumstances require imposition of a lesser penalty they may impose the lesser penalty.  In the event a majority of the stewards wish to impose a greater penalty or a penalty in excess of the authority granted to them, then, and in such event, they may impose the maximum penalty authorized and refer the matter to the with specific recommendations for further action. In determining if there are mitigating circumstances surrounding a medication violation for substances referred to in sections E, F, H and I of the Rule the stewards shall consider, at least the following:”;

 

c.  Inserting in the introductory paragraph, immediately before item number 1., a sentence reading as follows:

 

  Penalties for all medication and drug violations shall be investigated and reviewed on a case-by-case basis.  Extenuating factors include, but are not limited to:”

 

d.  Inserting in item number 1. the phrase “ veterinarian and owner” after the word “trainer”;

 

e.  Inserting in item number 3. the word “legal” before the word “availability”;

 

f.  Deleting from item number 4. the word “use” and inserting in its place the phrase “or intentionally administered the drug” after the word “drug”;

 

g.  Deleting from item number 8. the phrase “Veterinarian’s Report(s), and” and inserting in its place the phrase “Medication Report Form”;

 

h.  Inserting at the end of item number 9. the word and punctuation “, and;”;

 

i.  Inserting after item number 9. a new item 10. reading as follows: 

 

“10.  Whether the licensed trainer was acting under the advice of a licensed veterinarian”;

 

j.  Inserting after the new item 10. an unnumbered concluding paragraph reading as follows:

 

“As a result of the investigation, there may be mitigating circumstances for which a lesser or no penalty is appropriate for the licensee and aggravating factors, which may increase the penalty beyond the minimum.”;

 

k.  Deleting the content of section “A,” “Uniform Classification Guidelines,” entirely and inserting in its place the following sentence:

 

“A.  Uniform Classification Guidelines - The classification guidelines for foreign or prohibited substances and prohibited practices shall be as set forth in Pari 700.”

 

l.  Deleting the content of section “B,” “Penalties,” entirely and inserting in its place the following sentence:

 

“B.  Penalties - The penalties for violation of the Commission’s rules on the use of foreign or prohibited substances and prohibited practices in horse racing shall be as set forth in Pari 700, subject to the additional provisions appearing above.”

 

(113)  Amend PMRMR-025-020 C. (1) by inserting in the second sentence the phrase “substances prohibited under Pari 700 and” after the phrase “substances include”;

 

(114)  Amend PMRMR-025-020 E. by deleting the content of section E., “Non-Steroidal Anti-Inflammatory Drugs (NSAIDs)” and all of its paragraphs and subparagraphs entirely and inserting in its place the following:

 

“E.  Non-Steroidal Anti-Inflammatory Drugs (NSAIDs)

 

(1)  Phenylbutazone may be administered only to horses 3 years of age and older.

 

(2)  Phenylbutazone may not be administered in an amount that results in more than 5 micrograms per milliliter of blood plasma/serum being present in the horse, as determined by the analysis of an official test sample.

 

(3)  Phenylbutazone is not permissible at any level in horses below the age of 3 years.

 

(4)  A violation of the above provisions relative to phenylbutazone shall, for the purpose of the imposition of penalties, be treated as if it constitutes an infraction of the ARCI Uniform Classification Guidelines, as described in Pari 700, for which the penalty provisions relative to a class 4 drug apply.

 

(115)  Amend PMRMR-025-020 F. (1) by:

 

a.  Inserting a new subparagraph (e) reading as follows:

 

“(e)  Furosemide shall only be administered on association grounds”; and

 

b.  Inserting a new subparagraph (f) reading as follows:

 

“(f)  Upon the request of the Commission’s designee, the veterinarian administering the authorized bleeder medication shall surrender the syringe used to administer such medication which may then be submitted for testing.”

 

(116)  Amend PMRMR-025-020 by:

 

a.  Deleting section H and all of its paragraphs and subparagraphs entirely; and

 

b.  Deleting section  I and all of its paragraphs and subparagraphs entirely;

 

(117)  Amend PMRMR –025-023 A. (4) by:

 

a.  Deleting the phrase “A track security guard” and replacing it with the phrase “The Commission or its designee”;

 

b.  Inserting the phrase “or association” before the phrase “identification badge”; and

 

c.  Deleting the phrase “and immediately following” after the word “during”;

 

(118)  Amend PMRMR- 025-023-B. (1) by adding the phrase “or the Commission racing lab” after the word “veterinarian”;

 

(119)  Amend PMRMR-025-023 B. (2) by deleting the paragraph, and all of its subparagraphs, entirely;

 

(120)  Amend PMRMR-025-023 C. by deleting the section and all of its paragraphs and subparagraphs entirely;

 

(121)  Amend PMRMR-025-023 D. by:

 

a.  Renumbering the section as PMRMR-025-023 C.;

 

b.  Amending the introductory paragraph by deleting the phrase “either primary or split” after the word “conducting”;

 

c.  Deleting the “committee note” appearing after paragraph D. (1), renumbered here as C. (1), entirely; and

 

d.  Deleting the phrase “LC/MS” and replacing it with the phrase “GC/MS”

 

(122)  Amend PMRMR-025-025 by deleting the phrase “workout or”;

 

(123)  Amend PMRMR-025-030 A. (2) by deleting the phrase “or the racing veterinarian”;

 

(124)  Amend PMRMR-025-030 A. (4) (e) by deleting the phrase “and/or the racing veterinarian”;

 

(125)  Amend PMRMR-025-030 A. (6) by deleting the phrase “and/or the racing veterinarian”; and

 

(126)  Amend PMRMR-025-030 C. by renumbering the sentence beginning “The cost of,” appearing after subparagraph (4), as subparagraph (5).

 

Source.  #8605, eff 4-12-06; amd by #9248, eff 8-29-08; EXPIRED: 4-12-14 except for paras. (b) intro. and (b)(3)

 

PART Pari 605  OCCUPATIONAL LICENSES

 

          Pari 605.01  Occupational Licenses Required.

 

          (a)  The following individuals and entities shall not carry out their duties on the racing premises without holding an occupational license issued annually by the commission pursuant to RSA 284:19:

 

(1)  Any owner-trainer-driver;

 

(2)  Any owner-trainer;

 

(3)  Any owner-driver;

 

(4)  Any driver-trainer;

 

(5)  Any owner;

 

(6)  Any driver;

 

(7)  Any trainer;

 

(8)  Any assistant trainer;

 

(9)  Any equine dentist;

 

(10)  Any blacksmith;

 

(11)  Any veterinarian;

 

(12)  Any veterinary assistant;

 

(13)  Any stable employee

 

(14)  Any judge;

 

(15)  Any racing secretary;

 

(16)  Any assistant racing secretary;

 

(17)  Any clerk to the racing secretary;

 

(18)  Any director of racing;

 

(19)  Any clerk of the course;

 

(20)  Any horseman’s bookkeeper;

 

(21)  Any race starter;

 

(22)  Any starting gate driver;

 

(23)  Any announcer;

 

(24)  Any race charter;

 

(25)  Any paddock judge;

 

(26)  Any paddock judge assistant;

 

(27)  Any horse identifier;

 

(28)  Any patrol judge;

 

(29)  Any racing official trainee;

 

(30)  Any photo finish operator;

 

(31)  Any video equipment operator;

 

(32)  Any timer;

 

(33)  Any mutuel manager;

 

(34)  Any mutuel department employee;

 

(35)  Any food concession manager;

 

(36)  Any food concession employee;

 

(37)  Any chief of security;

 

(38)  Any security personnel;

 

(39)  Any admissions manager;

 

(40)  Any admissions employee;

 

(41)  Any director of maintenance;

 

(42)  Any maintenance employee;

 

(43)  Any course maintenance employee;

 

(44)  Any vendor who will be present on the racing premises;

 

(45)  Any totalisator company;

 

(46)  Any employee of a totalisator company who will be present on the racing premises; and

 

(47)  Any employee of a licensee not otherwise specified in (1) through (46) above.

 

          (b)  An occupational license shall be valid through December 31 of the year for which the license is issued.

 

          (c)  Persons required to be occupationally licensed shall:

 

(1)  Apply for and receive their licenses before assuming their duties on the premises or before January first of each year, as applicable;

 

(2)  Submit a completed occupational license application on a form furnished by the commission; and

 

(3)  Pay the fee specified in Pari 605.02.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

          Pari 605.02  Occupational License Fees.

 

          (a)  Except as otherwise provided in (b) below, occupational license fees shall be as follows:

 

Table 605.1  Occupational License Fees

 

Occupational License:

Fees:

Owner-trainer-driver

$90.00

Owner-trainer

$60.00

Owner-driver

$60.00

Driver-trainer

$60.00

Owner

$40.00

Driver

$40.00

Trainer

$40.00

Assistant trainer

$25.00

Equine dentist

$30.00

Blacksmith

$30.00

Veterinarian

$40.00

Veterinary assistant

$25.00

Stable employee

$10.00

Judge

$30.00

Racing secretary

$50.00

Assistant racing secretary

$35.00

Clerk to the racing secretary

$20.00

Director of racing

$50.00

Clerk of the course

$30.00

Horsemen’s bookkeeper

$30.00

Race starter

$30.00

Starting gate driver

$30.00

Announcer

$30.00

Race charter

$30.00

Paddock judge

$30.00

Paddock judge assistant

$25.00

Horse identifier

$30.00

Patrol judge

$30.00

Racing official trainee

$20.00

Photo finish operator

$30.00

Video equipment operator

$30.00

Timer

$30.00

Mutuel manager

$40.00

Mutuel department employee

$20.00

Food concession manager

$40.00

Food concession employee

$10.00

Chief of security

$40.00

Security personnel

$20.00

Admissions manager

$40.00

Admissions employee

$10.00

Director of maintenance

$40.00

Occupational License:

Fees:

Maintenance employee

$10.00

Course maintenance employee

$10.00

Vendor

$40.00

Vendor employee

$10.00

Totalisator company

$250.00

Totalisator company manager

$40.00

Employee of the totalisator company

$20.00

Licensee's employee not otherwise specified

$20.00

 

(b)  Occupational license fees for race meetings at New Hampshire agricultural fairs shall be as follows:

 

Table 605.2  Occupational License Fees at Agricultural Fairs

 

Occupational License:

Agricultural Fair Fee:

Owner-trainer-driver

$45.00

Owner-trainer

$30.00

Owner-driver

$30.00

Driver-trainer

$30.00

Owner

$20.00

Driver

$20.00

Trainer

$20.00

Assistant trainer

$12.50

Equine dentist

$15.00

Blacksmith

$15.00

Veterinarian

$20.00

Veterinary assistant

$12.50

Stable employee

$  5.00

Judge

$15.00

Racing secretary

$25.00

Assistant racing secretary

$17.50

Clerk to the racing secretary

$10.00

Director of racing

$25.00

Clerk of the course

$15.00

Horsemen’s bookkeeper

$15.00

Race starter

$15.00

Starting gate driver

$15.00

Announcer

$15.00

Race charter

$15.00

Paddock judge

$15.00

Paddock judge assistant

$12.50

Horse identifier

$15.00

Patrol judge

$15.00

Racing official trainee

$10.00

Photo finish operator

$15.00

Video equipment operator

$15.00

Timer

$15.00

Mutuel manager

$20.00

Occupational License:

Agricultural Fair Fee:

Mutuel department employee

$10.00

Food concession manager

$20.00

Food concession employee

$  5.00

Chief of security

$20.00

Security personnel

$10.00

Admissions manager

$20.00

Admissions employee

$  5.00

Director of maintenance

$20.00

Maintenance employee

$  5.00

Course maintenance employee

$  5.00

Vendor

$20.00

Totalisator company

$125.00

Totalisator manager

$20.00

Employee of the totalisator company

$10.00

Licensee's employee not otherwise specified

$10.00

 

Source.  #8605, eff 4-12-06; ss by #9230, eff 10-1-08

 

          Pari 605.03  Application Process for Occupational Licensees Other Than Judges.

 

          (a)  Each person who wishes to apply for an occupational license for any of the positions set forth in Pari 605.01(a)(1) through (a)(47), other than the position of judge under Pari 605.01(a)(14), shall submit the following to the office of the commission located at any racing premises:

 

(1)  A fully executed application form provided by the commission that contains the information specified in Pari 605.05;

 

(2)  A supplemental application form provided by the commission that contains the information required for the specific type of license, as set forth in Pari 605.07 through Pari 605.27;

 

(3)  The supporting materials specified in Pari 605.29; and

 

(4)  The license fee specified in Pari 605.02.

 

          (b)  Subject to the exception in (c) below, if the materials required by (a)(1) through (a)(3) above include a recommendation from a licensee under RSA 284:15, from an occupational licensee, or from any other third party, the applicant shall submit the recommendation at the time of the submission of the application form.

 

          (c)  If the materials required by (a)(1) through (a)(3) above include a recommendation from a board of judges or a judge selected by the commission, the applicant may submit his or her application form without such recommendation.

 

          (d)  An application form submitted without any required recommendation of a board of judges or a judge selected by the commission as allowed in (c) above shall be forwarded by the commission staff to a board of judges at the racing premises where the application was filed or to the judge selected by the commission.

 

          (e)  Following review of the application materials by the board of judges or the judge selected by the commission, if required by this part, the board of judges or the judge selected by the commission shall forward all application materials to the commission, together with its recommendation on the application.

 

          (f)  As specified in Pari 605.06, recommendations of a board of judges or of a judge selected by the commission shall be in the form of:

 

(1)  A writing, separate from the application, setting forth the board or judge’s recommendation; or

 

(2)  The placement of a signature or of signatures on the application form.

 

          (g)  Recommendations of the board of judges or of the judge selected by the commission shall be made within 10 days of the date that the application is on file with the commission.

 

          (h)  An application form or supplemental application form shall:

 

(1)  Be completed using a key board or legibly printed in ink;

 

(2)  Be signed by the applicant; and

 

(3)  Have all sections completed or designated as not applicable to the applicant.

 

          (i)  If the commission, for the purpose of determining the applicant's qualifications for licensure, requires any information or documents additional to the materials submitted by the applicant under (a) above, the commission shall:

 

(1)  Notify the applicant in writing within 60 days of the date that the application is on file with the commission; and

 

(2)  Specify the information or documents which the applicant is required to submit.

 

          (j)  If required pursuant to (i) above, the applicant shall submit any additional information or documents requested by the commission within 60 days of receipt of the request.

 

          (k)  An application shall be considered to be on file with the commission on the first date that the commission has received:

 

(1)  A fully completed application form;

 

(2)  A fully completed supplemental application form;

 

(3)  Proof that the applicant's check has been deposited and cleared; and

 

(4)  All required supporting documentation, including, if required, all recommendations from a board of judges, the judge selected by the commission, a licensee under RSA 284:15, an occupational licensee or any other third party.

 

          (l)  The commission shall approve or deny the application in writing within 60 days of the date that the application is on file with the commission or the date that additional information is received by the commission from the applicant.

 

          (m)  The commission shall approve the application if the applicant has:

 

(1)  Complied with the application process set forth in this part; and

 

(2)  Met the qualifications for the type of occupational license for which the application is made.

 

          (n)  The commission shall deny an application if the applicant has:

 

(1)  Not complied with the application process set forth in this part;

 

(2)  Not met the qualifications for occupation licenses as specified in Pari 605.35 unless those qualifications are waived pursuant to Pari 605.59;

 

(3)  Not met the qualifications for the type of occupational license for which the application is made as specified in Pari 605.36 through 605.58 unless those qualifications are waived pursuant to Pari 605.59; or

 

(4)  Not submitted the additional information and documents requested pursuant to (i) above within 120 days of receipt of the request.

 

          (o)  If the commission denies the application:

 

(1)  The commission’s written notification pursuant to (l) above shall specify the reason(s) for denial; and

 

(2)  The applicant may request a hearing to appeal the denial within 30 days from the date of the commission’s written notification of the denial.

 

          (p)  An occupational license issued under this section shall expire:

 

(1)  On December 31 of the year for which the license is issued;

 

(2)  Upon revocation of the license by the commission as specified in RSA 284:16;

 

(3)  If the license is held by a corporation, partnership or other form of association, upon a change in either legal or equitable ownership of 50 percent or more of the association from the ownership that existed at the time that a license was initially granted to the applicant; or

 

(4)  If a qualification for a license is that a third party agree to employ an applicant, upon termination of that employment or upon failure of the person or entity that has agreed to employ the applicant to do so within 10 days of the issuance of the license.

 

          (q)  If at any time during the term of a license, the information provided by a licensee in the application form, supplemental application form or supporting materials becomes inaccurate, the licensee shall within 30 days of the time that the information becomes inaccurate submit a written correction to the commission.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.04  Temporary Occupational License.

 

(a)  An applicant shall be granted a temporary occupational license if the applicant for licensure or renewal submits the following to the office of the commission located at any racing premises prior to the date of expiration of any existing license:

 

(1)  A fully completed application form;

 

(2)  A fully completed supplemental application form;

 

(3)  Cash, or a check drawn on an account with sufficient funds, to cover the licensure fee; and

 

(4)  Required supporting documentation, including all recommendations, if required.

 

(b)  A temporary license shall expire upon the occurrence of any of the following, whichever occurs earlier:

 

(1)  Action by the commission on the applicant’s application for licensure or renewal;

 

(2)  The expiration of the period set forth in Pari 605.03(j);

 

(3)  Notification that the applicant’s check for the licensure will not be honored;

 

(4)  The withdrawal of the application by the applicant;

 

(5)  Discovery of any matter that would disqualify the applicant from licensure in the position sought;

 

(6)  The revocation of the temporary license by the commission; or

 

(7)  The expiration of the period of 60 days as specified in Pari 605.03(l).

 

(c)  Pursuant to RSA 284:19, a temporary license shall be granted to any person if that person:

 

(1)  Acts on behalf of an owner who is not in New Hampshire; and

 

(2)  Intends to enter a horse in a harness race or participate in harness racing.

 

(d)  The temporary license issued pursuant to (c) above shall expire 10 days after the date of issuance unless revoked by the commission prior to the expiration date.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.05  Application Form for Occupational Licenses for Positions Other Than Judge.

 

          (a)  On a form provided by the commission, an applicant for an occupational license other than that of judge under Pari 605.01 (a)(14) shall supply the following:

 

(1)  The type of license for which the applicant is applying;

 

(2)  The year for which the applicant is applying for a license;

 

(3)  If the applicant is an individual:

 

a.  The applicant's:

 

1.  Full name;

 

2.  Date of birth;

 

3.  Place of birth;

 

4.  Social security number pursuant to RSA 161-B:11, VI-a and (b) below;

 

5.  Residential street address;

 

6.  Residential mailing address, if different from the street address;

 

7.  Residential telephone number; and

 

8.  Personal e-mail address;

 

b.  A description of the applicant, including the applicant’s:

 

1.  Age;

 

2.  Gender;

 

3.  Height;

 

4.  Weight;

 

5.  Hair color; and

 

6.  Eye color;

 

c.  Whether the applicant is married or single;

 

d.  Whether or not the applicant is a citizen of the United States;

 

e.  If the applicant is not a citizen of the United States, the name of the nation in which the individual holds citizenship and a description of the documentation possessed by the applicant relative to his or her presence in the United States, together with any identifying numbers assigned to that documentation;

 

f.  The trade name, if any, under which the applicant proposes to conduct business;

 

g.  The name, address and telephone number of the applicant’s present employer, if any;

 

h.  The title of the applicant’s current job;

 

i.  The name, address, telephone number and relationship of the applicant’s nearest  living relative;

 

(4)  If the applicant is a corporation, partnership or other association:

 

a.  The name, title within the association, address and telephone number of each of the applicant’s officers, directors, trustees and owners; and

 

b.  The applicant’s federal tax identification number;

 

(5)  The street address of the applicant’s principal place of business;

 

(6)  The mailing address of the applicant’s principal place of business, if different from the street address;

 

(7)  The applicant’s business e-mail address;

 

(8)  Whether or not the applicant is able to perform those duties of the position for which the applicant is applying for an occupational license as set forth in this part;

 

(9)  Whether or not, within the past 10 years, the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, has or have been convicted of or pleaded guilty, as an adult in any jurisdiction, to any felony which has not been annulled;

 

(10)  If the answer to (9) above is yes:

 

a.  The name of each person or association convicted or which pleaded guilty;

 

b.  A description of each felony;

 

c.  The date of each conviction or guilty plea;

 

d.  The name and location of the court where the applicant, officer, director, owner or trustee was convicted or pleaded guilty; and

 

e.  A description of each sentence imposed;

 

(11)  Whether or not, within the past 10 years, the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, has or have been convicted of or pleaded guilty, in any jurisdiction, to a violation of any law relative to gaming or gambling or any law relating to cruelty to animals, which has not been annulled;

 

(12)  If the answer to (11) above is yes,

 

a.  The name of each person or association convicted or which pleaded guilty;

 

b.  A description of each offense;

 

c.  The date of each conviction or guilty plea;

 

d.  The name and location of the court where the applicant, officer, director, owner or trustee was convicted or pleaded guilty; and

 

e.  A description of each sentence imposed;

 

(13)  Whether or not, within the past 2 years, the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, has or have been convicted of or pleaded guilty, as an adult in any jurisdiction, to any misdemeanor involving a controlled substance which has not been annulled;

 

(14)  If the answer to (13) above is yes:

 

a.  The name of each person or association convicted or which pleaded guilty;

 

b.  A description of each misdemeanor;

 

c.  The date of each conviction or guilty plea;

 

d.  The name and location of each court where the applicant, officer, director, owner or trustee was convicted or pleaded guilty; and

 

e.  A description of each sentence imposed;

 

(15)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, is or are currently subject to the revocation or suspension of a license or occupational license relating to pari-mutuel wagering, greyhound racing or horse racing in this or any other jurisdiction;

 

(16)  If the answer to (15) above is yes:

 

(1)  The name of each person or association so subject;

 

(2)  The jurisdiction in which each suspension or revocation occurred;

 

(3)  The date of each revocation or suspension; and

 

(4)  A description of the terms of each revocation or suspension;

 

(17)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, is or are currently not the holder of a license or occupational license relating to pari-mutuel wagering, greyhound racing or horse racing license issued in this or any other jurisdiction because such a license or occupational license was voluntarily surrendered while a proceeding was pending against the applicant for alleged misconduct;

 

(18)  If the answer to (17) above is yes:

 

a.  The name of each person or association making such a surrender;

 

b.  The jurisdiction in which the surrender was made;

 

c.  The date of the surrender; and

 

d.  A description of the alleged misconduct;

 

(19)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, is or are currently subject to exclusion from any premises at which the racing of horses or greyhounds or pari-mutuel wagering is held;

 

(20)  If the answer to (19) above is yes:

 

a.  The name of the person or association so subject;

 

b.  The jurisdiction imposing the exclusion;

 

c.  The date and terms of the exclusion; and

 

d.  The reason for such exclusion;

 

(21)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, is or are currently subject to a determination that he or she is ineligible to engage in the racing or training of any horse or greyhound, or to engage in pari-mutuel wagering, as the result of misconduct in this or any other jurisdiction;

 

(22)  If the answer to (21) above is yes:

 

a.  The name of the person or association subject to the determination;

 

b.  The jurisdiction making the determination;

 

c.  The date of the determination; and

 

d.  The reason for the determination;

 

(23)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, has or have ever owned, operated or been associated in any way with any illegal gambling enterprise;

 

(24)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, has or have previously been licensed by the commission and, if so:

 

a.  The name of each person or association holding a license;

 

b.  The type of license held; and

 

c.  The year or years of such licensure;

 

(25)  Whether or not the applicant, and any of the applicant’s officers, directors, owners or trustees, if any, has or have previously been licensed by an agency, commission or other authority in another state or nation that is responsible for issuing licenses relative to pari-mutuel wagering, greyhound racing or horse racing and, if so:

 

a.  The name of each person or association so licensed;

 

b.  The name of each jurisdiction in which a license was held;

 

c.  Each type of license held; and

 

d.  The year or years of such license or licenses;

 

(26)  The applicant’s signature, or, if the applicant is a corporation or other form of association, the signature of the applicant’s duly authorized representative, on a statement preprinted on the form stating that:

 

a.  The applicant agrees to abide by the rules of the New Hampshire racing and charitable gaming commission and the laws of the State of New Hampshire relative to greyhound racing, horse racing and pari-mutuel wagering;

 

b.  The information provided on the application form is true, accurate and complete; and

 

c.  The applicant acknowledges that, pursuant to RSA 641:3, making a false statement on this application form is punishable as a crime; and

 

(27)  The date of the signature described in (26) above.

 

(b)  The occupational license application shall contain the following notice regarding the requirement to provide the applicant’s social security number as required by (a)(3)a.4. above:

 

“The commission will deny your occupational license if you refuse to submit your social security number (SSN).  Your professional license will not display your SSN and your SSN will not be made available to the public.

 

The commission is required to obtain your SSN for the purpose of child support enforcement and in compliance with RSA 161-B:11.  This collection of your SSN is mandatory.”

 

Source.  #8605, eff 4-12-06; amd by #9248, eff 8-29-08; EXPIRED: 4-12-14 except for paras. (a) intro., (a)(26) intro., and (a)(26)a.

 

Pari 605.06  Judges’ Recommendations.

 

(a)  A judge shall recommend licensure of an applicant either by:

 

(1)  Placing, in an area near the signature line of an application form marked “for official use only”, his or her signature on a line that specifies whether the judge is selected by the commission, by a licensee under RSA 284:15, or by the other judges as a temporary judge; or

 

(2)  Submitting his or her recommendation regarding licensure in the form of a separate written document.

 

(b)  Separate written documents under (a)(2) above shall bear the name and signature of the judge and the date of signing.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.07  Supplemental Application Form for Horse Owner, Owner-Trainer, Owner-Driver or Owner-Trainer-Driver.

 

(a)  On a form provided by the commission, an applicant for an occupational license as a horse owner, owner-trainer, owner-driver or owner-trainer-driver shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(1)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(2)  Whether or not the applicant is a member of the United States Trotting Association (USTA), and if so, the applicant’s USTA membership number and expiration date;

 

(4)  Whether or not the applicant races horses under a stable name, and if so, the stable’s name, address and telephone number;

 

(5)  Whether or not the applicant currently possesses the financial ability to pay all bills incurred within the state of New Hampshire relating to the care and maintenance of horses which the person owns or trains;

 

(6)  The names, street addresses and telephone numbers of 2 personal references, other than relatives, whom the applicant has known for at least 2 years;

 

(7)  The name and USTA tattoo number of each horse owned by the applicant;

 

(8)  Whether or not any individual, corporation or association other than the applicant has a financial interest of any kind in any horse owned by the applicant, including but not limited to any outstanding loan relative to the horse, or any equity or leasehold interest in the horse;

 

(9)  If the applicant is applying for a license as an owner-trainer or owner-trainer-driver:

 

a.  The name, address and telephone number of each owner for whom the applicant will be training horses;

 

b.  The name of each stable for whom the applicant will be training horses;

 

c.  The name and USTA tattoo number of each horse that the applicant will train;

 

d.  If the applicant intends to train horses for individuals or stables other than him or herself, the name, address and telephone number of each owner or stable recommending the applicant for the occupational license; and

 

e.  Whether the applicant has at least 3 months experience as an assistant trainer;

 

(10)  If the applicant is applying for a license as an owner-driver, owner-trainer or owner-trainer-driver:

 

a.  Whether or not the applicant is licensed by the USTA for the calendar year being applied for; and

 

b.  A list of all current and previous USTA licenses held by the applicant for the most recent 3 years of licensure;

 

(11)  The applicant’s signature, on the statement set forth in Pari 605.28; and

 

(12)  The date of the signature described in (11) above.

 

(b)  If at any time during the term of a license, the information provided by a licensee in the application form, supplemental application form, or supporting materials relating to horses owned or trained by the licensee becomes inaccurate, the licensee shall, immediately upon the information becoming inaccurate, submit a written correction to the following officials, at the racing premises at which the application being corrected was filed:

 

(1)  The racing secretary; and

 

(2)  The judge appointed by the commission.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.08  Supplemental Application Form for Horse Trainer, Assistant Trainer or Driver-Trainer.

 

(a)  On a form provided by the commission, an applicant for an occupational license as a horse trainer, assistant trainer or driver, shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(1)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(2)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(3)  Whether or not the applicant is currently licensed by the USTA for the calendar year being applied for;

 

(4)  A list of all current and previous USTA licenses held by the applicant for the most recent 3 years of licensure;

 

(5)  Whether the applicant has 3 months experience as an assistant trainer;

 

(6)  The name, address and telephone number of each owner for whom the applicant will be training horses;

 

(7)  The name of each stable for whom the applicant will be training horses;

 

(8)  The name and USTA tattoo number of each horse that the applicant will train;

 

(9)  Whether or not the applicant currently possesses the financial ability to pay all bills incurred within the state of New Hampshire relating to the care and maintenance of horses which the person trains;

 

(10)  The names, street addresses and telephone numbers of 2 personal references, other than relatives, whom the applicant has known for at least 2 years;

 

(11)  The name, address and telephone number of each owner or stable recommending the applicant for an occupational license;

 

(12)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(13)  The date of the signature described in (12) above.

 

(b)  If at any time during the term of a license, the information provided by a licensee in the application form, supplemental application form, or supporting materials relating to horses trained by the licensee becomes inaccurate, the licensee shall, immediately upon the information becoming inaccurate, submit a written correction to the following officials, at the racing premises at which the application being corrected was filed:

 

(1)  The racing secretary; and

 

(2)  The judge appointed by the commission.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.09  Supplemental Application Form for Harness Racing Driver.  On a form provided by the commission, an applicant for an occupational license as a driver shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is currently licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all current and previous USTA licenses held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of each owner for whom the applicant will be driving horses;

 

(f)  The name of each stable for whom the applicant will be driving horses;

 

(g)  The names, street addresses and telephone numbers of 2 personal references, other than relatives, whom the applicant has known for at least 2 years;

 

(h)  The name, address and telephone number of each owner or stable recommending the applicant for the occupational license;

 

(i)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(j)  The date of the signature described in (i) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.10  Supplemental Application Form for Veterinarian or Veterinarian Assistant.  On a form provided by the commission, an applicant for an occupational license as a veterinarian or veterinarian assistant shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant currently possesses a license to practice veterinary medicine in the state of New Hampshire;

 

(c)  The names of all jurisdictions in which the applicant has been admitted to the practice of veterinary medicine and the year of admission to practice;

 

(d)  Whether or not the applicant’s license to practice veterinary medicine in this or any other jurisdiction is subject to suspension or revocation;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for occupational licensure;

 

(f)  In the case of a veterinarian assistant, the name, address and telephone number of an occupationally licensed veterinarian who has agreed to supervise the applicant;

 

(g)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(h)  The date of the signature described in (g) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.11  Supplemental Application Form for Harness Racing Secretary.  On a form provided by the commission, an applicant for an occupational license as a harness racing secretary shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is currently licensed as a racing secretary by the USTA for the calendar year being applied for;

 

(d)  A list of all current and previous USTA licenses held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(f)  Whether or not the applicant has successfully completed on-the-job-training under the supervision of a current or formerly licensed racing secretary;

 

(g)  If the answer to (f) above is yes, the name of the supervising racing secretary or former racing secretary and the dates and locations of the supervised training;

 

(h)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(i)  The date of the signature described in (e) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.12  Supplemental Application Form for Horse Assistant Racing Secretary or Clerk to the Racing Secretary.  On a form provided by the commission, an applicant for an occupational license as a horse assistant racing secretary or clerk to the racing secretary shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is currently licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all current and previous USTA licenses held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for occupational licensure;

 

(f)  The name, address and telephone number of the racing secretary who has agreed to supervise the applicant;

 

(g)  The applicant’s signature on the statement set forth in Pari 605.29 below; and

 

(h)  The date of the signature described in (g) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.13  Supplemental Application Form for Harness Racing Official Trainee.  On a form provided by the commission, an applicant for an occupational license as a horse racing official trainee shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed by the USTA for the calendar year being applied for

 

(d)  A list of all current and previous USTA licenses held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

        (f)  The name, address, telephone number and title of the racing official who has agreed to supervise the applicant;

 

        (g)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(h)  The date of the signature described in (h) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.14  Supplemental Application Form for Harness Director of Racing, Horseman’s Bookkeeper, Clerk of the Course, Photo Finish Operator, Video Equipment Operator or Timer.  On a form provided by the commission, an applicant for an occupational license as a horse director of racing, horseman’s bookkeeper, clerk of the course, photo finish operator, video equipment operator or timer shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all current and previous USTA licenses and years held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(f)  Whether or not the applicant has successfully completed on-the-job-training under the supervision of a current or former occupational licensee in the occupational category in which the applicant seeks licensure;

 

(g)  If the answer to the foregoing question is yes, the name of the supervising occupational licensee or former occupational licensee and the date and location of the supervised training;

 

(h)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(i)  The date of the signature described in (h) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.15  Supplemental Application Form for Harness Race Starter.  On a form provided by the commission, an applicant for an occupational license as a horse race starter shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed as a starter by the USTA for the calendar year being applied for;

 

(d)  Whether or not the applicant has ever been licensed as a starter by USTA;

 

(e)  A list of all USTA licenses and years held by the applicant for the most recent 3 years of licensure;

 

(f)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(g)  Whether or not the applicant has successfully completed on-the-job-training under the supervision of a current or former occupational licensee in the occupational category in which the applicant seeks licensure;

 

(h)  If the answer to the foregoing question is yes, the name of the supervising occupational licensee or former occupational licensee and the date and location of the supervised training;

 

(i)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(j)  The date of the signature described in (i) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.16  Supplemental Application Form for Harness Starting Gate Driver.  On a form provided by the commission, an applicant for an occupational license as a harness starting gate driver shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all USTA licenses and years held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(f)  The name, address and telephone number of the occupationally licensed starting gate driver who has agreed to supervise the applicant;

 

(g)  Whether or not the applicant has a valid New Hampshire driver’s license, and if so, the license number and expiration date;

 

(h)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(i)  The date of the signature described in (h) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.17  Supplemental Application Form for Horse Racing Announcer, Race Charter, Horse Identifier, Paddock Judge or Paddock Judge Assistant.  On a form provided by the commission, an applicant for an occupational license as a horse racing announcer, charter, horse identifier, paddock judge or paddock judge assistant, shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all USTA licenses and years held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(f)  Whether or not the applicant has successfully completed on-the-job-training under the supervision of a current or former occupational licensee in the occupational category in which the applicant seeks;

 

(g)  If the answer to (f) above is yes, the name of the supervising occupational licensee or former occupational licensee and the date and location of the supervised training;

 

(h)  Whether or not the applicant has vision which is at least 20/40 in both eyes, or corrected to 20/40 in both eyes;

 

(i)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(j)  The date of the signature described in (i) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.18  Supplemental Application Form for Blacksmith or Equine Dentist.  On a form provided by the commission, an applicant for an occupational license as a blacksmith or equine dentist shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all USTA licenses and years held by the applicant for the most recent 3 years of licensure;

 

(e)  The names, addresses and telephone numbers of 2 persons whom the applicant has known for at least 2 years who are not relatives and who will recommend the applicant for licensure;

 

(f)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(g)  The date of the signature described in (f) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.19  Supplemental Application Form for Harness Patrol Judge.  On a form provided by the commission, an applicant for an occupational license as a harness patrol judge shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(c)  Whether or not the applicant is licensed by the USTA for the calendar year being applied for;

 

(d)  A list of all USTA licenses and years held by the applicant for the most recent 3 years of licensure;

 

(e)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for occupational licensure;

 

(f)  Whether or not the applicant has vision which is 20/40 in both eyes or is corrected to 20/40 in both eyes;

 

(g)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(h)  The date of the signature described in (g) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.20  Supplemental Application Form for Horse Stable Employee.  On a form provided by the commission, an applicant for an occupational license as a stable employee shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name, address and telephone number of the person, stable, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(c)  Whether or not the applicant is a member of the USTA, and if so, the applicant’s membership number and expiration date;

 

(d)  The names, addresses and telephone numbers of 2 persons whom the applicant has known for at least 2 years who are not relatives and who will recommend the applicant for licensure;

 

(e)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(f)  The date of the signature described in (e) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.21  Supplemental Application Form for Horse Racing Mutuel Manager, Mutuel Department Employee, Food Concession Manager, Admissions Manager, Food Concession Employee or Admissions Employee.  On a form provided by the commission, an applicant for an occupational license as a horse racing mutual manager, mutual department employee, food concession manager, admissions manager, food concession employee or admissions employee shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(c)  Whether or not the applicant is able to make change and balance accounts;

 

(d)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(e)  The date of the signature described in (d) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.22  Supplemental Application Form for Horse Racing Chief of Security or Security Personnel.  On a form provided by the commission, an applicant for an occupational license as a horse racing chief of security or as security personnel shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(c)  Whether or not the applicant possesses a valid New Hampshire security guard license and if so, the license number;

 

(d)  If the answer to (c) above in no, whether or not the applicant has applied for such a license;

 

(e)  Whether or not the applicant holds at least an associate’s degree in a field related to criminal justice;

 

(f)  If the answer to (e) above is yes:

 

(1)  The name and address of the school from which the degree was obtained;

 

(2)  The type of degree held and the date awarded; and

 

(3)  The field of study in which the degree was issued;

 

(g)  Whether or not the applicant has at least 5 years of experience in law enforcement or security;

 

(h)  If the answer to (g) above is yes:

 

(1)  A description of the applicant’s employment history, including the name of each employer, job title and dates of employment; and

 

(2)  A description of any additional experience in law enforcement or security, including the dates when that experience was obtained;

 

(i)  The applicant’s signature on the statement set forth in Pari 605.28; and

 

(j)  The date of the signature described in (i) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.23  Supplemental Application Form for Horse Racing Director of Maintenance, Maintenance Employee or Course Maintenance Employee.  On a form provided by the commission, an applicant for an occupational license as a horse racing director of maintenance, maintenance employee or course maintenance employee shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(c)  The applicant’s signature, on the statement set forth in Pari 605.28; and

 

(d)  The date of the signature described in (c) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.24  Rules and Procedures Regarding Application Form for Horse Racing Totalisator Company and Documents Referred to Therein.

 

          (a)  For the purposes of this section, the following definitions shall apply:

 

(1)  “ASCII text” means the American Standard Code for Information Interchange which allows for the electronic transfer of data by assigning numbers to English letter characters;

 

(2)  “Bet value” means the amount of a wager, before any modifiers are applied;

 

(3)  “Branch” means a group of computer terminals in one location, from which a wager is placed;

 

(4)  “Community” means the location of the totalisator company computer system that processes wagers from different facilities at which bets are placed and which transmits consolidated wagering information to the host track;

 

(5)  “CR/LF end-of-record characters” means carriage return/line feed ASCII characters which are used to separate records in a file;

 

(6)  “Date” means the date that a wager is placed;

 

(7)  “Delimited fields” means a data format in which each piece of data is separated from the next by a semi-colon;

 

(8)  “Federal withholding amount” means the total dollar amount withheld from any payout for payment to the U.S. Internal Revenue Service (IRS);

 

(9)  “Field” means a space allocated in an electronic system for a particular type of information;

 

(10)  “Host track” means a racing premises where a live race is takes place;

 

(11)  “IRS reportable payout” means the total dollar amount of any payout on a wager if that payout must be reported to the IRS;

 

(12)  “IRS withholdable payout amount” means the total dollar amount of any payout on a wager if that payout is subject to withholding of an amount by the IRS;

 

(13)  “Modifier” means an adjustment made to the bet value for wagers placed on multiple entries in a race;

 

(14)  “Pool” means the type of wager or bet;

 

(15)  “Program” means the set of races held at a specified racing premises on a given day;

 

(16)  “Race” means the particular race on which a wager is placed;

 

(17)  “Refund payout” means the dollar value of any refund due on a wager;

 

(18)  “Runner list” means the list of contestants in a race or races which a wager is placed, identified by numbers, those numbers being separated by slashes or commas for wagers placed on multiple contestants;

 

(19)  “Source” means the wagering facility or betting operation at which a wager is placed;

 

(20)  “Time” means the local time of the placement of a wager;

 

(21)  “Total bet cost” means the dollar amount of a wager after any modifications to the bet value;

 

(22)  “Total payout value” means the dollar amount paid on an individual wager;

 

(23)  “Wagering terminal” means a computer workstation, hand-held computer or similar device from or at which wagers are placed; and

 

(24)  “Window” means the specific wagering terminal in a branch at which a wager is placed.

 

          (b)  On a form provided by the commission, an applicant for an occupational license as a horse racing totalisator company shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(1)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(2)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(3)  Whether or not the applicant possess a written, executed contract with a licensee under RSA 284:15 to act as a totalisator company at the licensee’s racing premises;

 

(4)  If the answer to (3) above is yes, the name of each licensee with whom the applicant possesses a contract as well as the name of each racing premises at which the applicant will act as a totalisator company;

 

(5)  Whether or not the applicant is incorporated, formed or registered with the secretary of state to do business in the state of New Hampshire;

 

(6)  A statement that the applicant agrees to provide the commission, within 48 hours of a request, a record of any transaction or transactions specified by the commission under paragraph (c) below;

 

(7)  The applicant’s duly authorized representative’s signature on the statement set forth in Pari 605.28; and

 

(8)  The date of the signature described in (7) above.

 

          (c)  A totalisator company licensed under these rules shall provide the commission, within 48 hours of the commission’s request, a record of any transaction or transactions specified by the commission which relate to horse races that take place in New Hampshire or which are simulcast into or out of New Hampshire under RSA 284:22 or RSA 284:22-a, or which relate to or affect pari-mutuel pools, wagering or races under the jurisdiction of the commission.

 

(d)  Records of transactions provided to the commission relative to pari-mutuel wagering shall, upon request, be made available to the commission for electronic download from a secured internet site provided by the totalisator company and data provided shall be compressed into common “zip” format.

 

(e)  Daily data files which shall be made available to the commission upon request shall consist of all data files normally available to customers of the totalisator company, including but not limited to the electronic files known as “PC”, “Spectrum System”, “DataMaster” or “TRA Settlement” files.

 

(f)  Wagering information for specific dates and races requested by the commission shall be formatted as an “ASCII” text with delimited fields using semi-colon field delimiters, variable record length, with CR/LF end-of-record characters.

 

          (g)  Wagering information provided to the commission upon request shall contain one record for each wager, with each record containing the following fields:

 

(1)  Community;

 

(2)  Source;

 

(3)  Date;

 

(4)  Time;

 

(5)  Branch;

 

(6)  Window;

 

(7)  Program;

 

(8)  Race;

 

(9)  Bet value;

 

(10)  Pool;

 

(11)  Modifier;

 

(12)  Runner list;

 

(13)  Total bet cost;

 

(14)  Total payout value;

 

(15)  Refund payout;

 

(16)  IRS reportable payout;

 

(17)  IRS withholdable payout amount; and

 

(18)  Federal withholding amount.

 

          (h)  Wagering information provided to the commission shall have all fields completed, regardless of whether the field is assigned a value, with semi-colon field delimiters being used to designate a blank field.

 

          (i)  Data files for uncashed tickets which have been purged from the system shall contain:

 

(1)  All of the fields specified in (g) above;

 

(2)  A field for the ticket serial number; and

 

(3)  A record for the totals of the following:

 

a.  The number of detail records in the file; and

 

b.  The cash amount of:

 

1.  Bet values;

 

2.  Total bet cost;

 

3.  Total payout value;

 

4.  Refund payout;

 

5.  IRS reportable payout;

 

6.  IRS witholdable payout amount; and

 

7.  Federal withholding amount.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

          Pari 605.25  Supplemental Application Form for Employee of Horse Racing Totalisator Company.  On a form provided by the commission, an applicant for an occupational license as an employee of a horse racing totalisator company shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(c)  Whether or not an occupationally licensed totalisator company has hired or agreed to hire the applicant;

 

(d)  If the answer to (c) above is yes, the name, address and telephone number of the totalisator company;

 

(e)  The applicant’s signature, on the statement set forth in Pari 605.28; and

 

(f)  The date of the signature described in (e) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.26  Supplemental Application Form for Horse Racing Vendor.  On a form provided by the commission, an applicant for an occupational license as a horse racing vendor, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(c)  Whether or not the applicant possesses a written, executed contract with at least one stable, or with a licensee under RSA 284:15, to sell goods or services at the racing premises where the stable will operate or which is operated by the licensee under RSA 284:15;

 

(d)  If the answer to (c) above is yes, the name of each licensee or stable with whom the applicant posses a contract, as well as the name of each racing premises at which the applicant intends to act as a vendor;

 

(e)  A list of goods or services that the applicant will offer for sale;

 

(f)  Whether or not the applicant has submitted the list referred to in (e) above to the licensee under RSA 284:15 at whose racing premises the vendor will operate;

 

(g)  A written statement of the precise location on the racing premises where goods or services will be offered for sale;

 

(h)  Whether or not the applicant has submitted the statement referred to in (g) above to the licensee under RSA 284:15 at whose racing premises the vendor will operate;

 

(i)  The applicant’s, or the applicant’s duly authorized representative’s, signature on the statement set forth in Pari 605.28; and

 

        (j)  The date of the signature described in (i) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.27  Supplemental Application Form for Other Horse Racing Employees.  On a form provided by the commission, an applicant for an occupational license as an other horse racing employee under Pari 605.01(a)(47) shall, in addition to the application form specified in Pari 605.05, supply the following:

 

(a)  The name of the applicant as it appears on the form specified in Pari 605.05;

 

(b)  The name of the position for which the applicant is applying for an occupational license;

 

(c)  A description of the job duties performed by an individual or entity performing the functions of the position noted in (b) above;

 

(d)  The name, address and telephone number of the person, corporation or association licensed under RSA 284:15 recommending the applicant for the occupational license;

 

(e)  The applicant’s signature, on the statement set forth in Pari 605.28; and

 

(f)  The date of the signature described in (e) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.28  Signature Statement Required for Supplemental Application Forms.  The signature of an applicant or an applicant’s duly authorized representative required on supplemental application forms shall be on a statement preprinted on the form stating that:

 

(a)  The information provided on the supplemental application form is true, accurate and complete; and

 

(b)  The applicant acknowledges that, pursuant to RSA 641:3, making a false statement on this supplemental application form is punishable as a crime.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.29  Required Supporting Materials for Occupational Licensee Applications Other than Judge.  In addition to the completed application form and supplemental application form, an applicant for occupational licensure in a position other than that of judge shall submit, or cause to be submitted, to the commission the following:

 

(a)  An executed criminal records release relative to the applicant and, if the applicant is a corporation, partnership or other association, an executed criminal records release relative to each of the applicant’s officers, directors, trustees and owners;

 

(b)  The written recommendation of a majority of a board of judges noted in Pari 605 as to whether or not the applicant should be granted occupational licensure of the type requested;

 

(c)  The written recommendation of the judge on the board noted in (a) above who was selected by the commission under Pari 605.58(a) as to whether or not the applicant should be granted occupational licensure of the type requested;

 

(d)  If the applicant is a corporation, partnership or other association:

 

(1)  A certificate of good standing from the New Hampshire secretary of state; and

 

(2)  A copy of the applicant’s registration to do business in the state of New Hampshire, if any such registration is required by law to be filed with the secretary of state;

 

(e)  If a requirement of licensure is that the applicant provide recommendations from persons whom the applicant has known for a specified period of time, a separate letter from each person making the recommendation that:

 

(1)  Describes why the applicant is suitable to perform the duties of an occupational licensee of the type for which the applicant is applying; and

 

(2)  Recommends the applicant for licensure;

 

(f)  If a requirement of licensure is that the applicant have the financial ability to pay all bills arising in this state relative to the care and maintenance of horses, a credit report issued by the credit companies known as Equifax, Experian or TransUnion, or any other major credit reporting company;

 

(g)  If a requirement of licensure is that the applicant has a certain number of months or years of experience, or that the applicant serves in on-the-job training, a signed letter from a current or former occupational licensee, as specified in the qualifications for licensure, containing:

 

(1)  A statement that the signer is familiar with the qualifications for occupational licensure of the type for which the applicant is applying;

 

(2)  A description of the nature and extent of the signer’s first hand knowledge of the applicant;

 

(3)  A description of the experience which the applicant has, or the on-the-job training that the applicant has fulfilled; and

 

(4)  A statement that the applicant has met the training or experience qualifications for the position for which the applicant has applied;

 

(h)  If a requirement of licensure is that a parent or legal guardian submit written permission for the applicant to obtain licensure or to perform a particular job function, a signed letter from at least one parent or legal guardian that has custody of the minor containing the following:

 

(1)  A statement that the applicant is the signer’s child or ward and that the signer has custody over the minor;

 

(2)  A statement that the signer is familiar with the duties of an individual who secures employment as an occupational licensee of the type for which the applicant is applying; and

 

(3)  Permission for the applicant to obtain an occupational license of the type requested and to work in the position for which the applicant has requested licensure;

 

(i)  If a requirement of licensure is that an occupational licensee of a particular type recommend the applicant, a signed letter from the occupational licensee that:

 

(1)  Describes the nature and extent of the signer’s familiarity with the applicant; and

 

(2)  Recommends the applicant for occupational licensure of the type requested;

 

(j)  If a requirement of licensure is that an occupational licensee of a particular type agree to supervise the applicant, a signed letter from the occupational licensee, copied to the licensee under RSA 284:15 at the racing premises where the occupational licensee submitted his or her most recent application for licensure or renewal, agreeing to, at all times, supervise the applicant in the performance of his or her duties if licensure is granted;

 

(k)  If a requirement of licensure is that an applicant be licensed to practice veterinary medicine in New Hampshire, a photocopy of the applicant’s license;

 

(l)  If a requirement of licensure is that the applicant be recommended by a person, corporation or association licensed under RSA 284:15, a signed letter that:

 

(1)  Identifies:

 

a.  The name of the applicant;

 

b.  The name of the signer of the letter;

 

c.  The job title of the signer; and

 

d.  The name of the licensee under RSA 284:15;

 

(2)  States that the signer is duly authorized by the licensee under RSA 284:15 to speak on its behalf in regard to matters relating to licensing and employment;

 

(3)  Describes the nature and extent of the licensee’s knowledge of the applicant;

 

(4)  Describes why the applicant is suitable for the type of occupational licensure requested; and

 

(5)  Recommends the applicant for licensure of the type requested.

 

(m)  If a requirement of licensure is 20/40 vision in both eyes or vision which is corrected to, 20/40 in both eyes, either:

 

(1)  A copy of a signed letter or other signed writing from an optometrist, ophthalmologist or other licensed medical professional, specifying the applicant’s corrected and uncorrected vision and indicating that the applicant has at least 20/40 vision in both eyes, or vision that is corrected to 20/40 in both eyes; or

 

(2)  A signed writing from a judge selected by the commission under Pari 605.01(c) stating that the applicant is able to read 40 point type from a distance of 20 feet with both eyes, and specifying whether to do so it is necessary for the applicant to wear corrective lenses;

 

(n)  If a requirement of licensure is that the applicant possess basic skills in mathematics so as to enable the person to make change and balance accounts, a writing from a licensee under RSA 284:15 stating that, in the opinion of the licensee, the applicant possesses at least such basic skills;

 

(o)  If a requirement of licensure is the possession and submission of a specified written contract, a full and complete copy of the contract;

 

(p)  If a requirement of licensure is that the applicant possesses and submits a written list of goods or services, a full and complete copy of such a list;

 

(q)  If a requirement of licensure is that the applicant possess and submit a statement of the locations on the racing premises where goods or services will be offered for sale, a full and complete copy of such statement;

 

(r)  If a requirement of licensure is that an applicant be recommended by a totalisator company that has agreed to hire or to continue the employment of an applicant, a signed letter from an occupationally licensed totalisator company stating that the applicant is employed by the company or that it is the company’s intent to hire the applicant if licensure is granted; and

 

(s)  If a requirement of licensure is that an applicant be recommended by an owner or a stable for whom the applicant will train horses, a signed letter that:

 

(1)  Identifies:

 

a.  The name of the applicant;

 

b.  The name of the signer of the letter;

 

c.  If signed on behalf of a stable, the stable name; and

 

d.  If signed on behalf of a stable, the job title of the signer;

 

(2)  If signed on behalf of a stable, states that the signer is duly authorized to speak on the stable’s behalf in regard to matters relating to licensing and employment;

 

(3)  Describes the nature and extent of the licensee’s knowledge of the applicant;

 

(4)  States that the owner or stable will engage the applicant to train horses and identifies the racing premises where the horses will race;

 

(5)  Describes why the applicant is suitable for occupational licensure; and

 

(6)  Recommends the applicant for licensure as a trainer.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.30  Application Process for Applicant for the Position of Judge.

 

(a)  Each person who wishes to apply for an occupational license for the position of judge under Pari 605.01(a)(14), shall do so by submitting to the commission, at its main office, a fully executed application form provided by the commission that contains the information specified in Pari 605.31 below, together with:

 

(1)  The supporting materials specified in Pari 605.32; and

 

(2)  The license fee specified in Pari 605.02.

 

(b)  The application process described in Pari 605.03(h) through (j) shall be the applicable to applications for a judge’s occupational license.

 

(c)  An application shall be considered to be on file with the commission on the first date that the commission has received:

 

(1)  A fully completed application form;

 

(2)  Proof that the applicant's check has been deposited and cleared; and

 

(3)  All required supporting documentation.

 

(d)  The commission shall approve or deny an application in writing within 60 days of the date that the application is on file with the commission.

 

(e)  The commission shall approve an application if the applicant has:

 

(1)  Complied with the application process set forth in these rules; and

 

(2)  Meets the qualifications for the type of licensure for which the application is made.

 

(f)  The commission shall deny an application if the applicant has:

 

(1)  Not complied with the application process set forth in this part;

 

(2)  Not met the qualifications for an occupational license as a judge as specified in Pari 605.58; or

 

(3)  Not submitted the additional information and documents requested pursuant to Pari 605.03(j).

 

(g)  If the commission denies an application:

 

(1)  The commission’s written notification pursuant to (d) above shall specify the reason(s) for denial; and

 

(2)  The applicant may request an adjudicatory hearing to challenge the denial within 30 days from the date of the commission's notification of denial.

 

(h)  A license issued under this section shall expire:

 

(1)  On December 31 of the year for which the license is issued; or

 

(2)  Upon revocation of the license by the commission as specified in RSA 284:16.

 

(i)  A temporary judge appointed under Pari 605.58(b) who meets the qualifications of Pari 605.58(d) shall serve as a judge for a period not to exceed that set forth in Pari 605.58(c) without filing the application form supporting materials or fee normally required of occupationally licensed judges.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.31  Application Form for Occupational License for Judge.

 

(a)  On a form provided by the commission an applicant for a judge’s license under Pari 605.01(a)(14) shall supply the following:

 

(1)  Whether the applicant is applying for a license as a judge selected by the commission, a judge selected by a licensee or a temporary judge;

 

(2)  The year for which the applicant is applying for a license;

 

(3)  The applicant's:

 

a.  Full name;

 

b.  Date of birth;

 

c.  Place of birth;

 

d.  Social security number pursuant to RSA 161-B:11, VI-a and (b) below;

 

e.  Residential street address;

 

f.  Residential mailing address, if different from the street address;

 

g.  Residential telephone number; and

 

h.  Personal e-mail address;

 

(4)  A description of the applicant, including the applicant’s:

 

a.  Age;

 

b.  Gender;

 

c.  Height;

 

d.  Weight;

 

e.  Hair color; and

 

f.  Eye color;

 

(5)  Whether the applicant is married or single;

 

(6)  Whether or not the applicant is a citizen of the United States;

 

(7)  If the applicant is not a citizen of the United States, the name of the nation in which the individual holds citizenship and a description of the documentation possessed by the applicant relative to his or her presence in the United States, together with any identifying numbers assigned to that documentation;

 

(8)  The name, address and telephone number of the applicant’s present employer, if any;

 

(9)  The title of the applicant’s current job;

 

(10)  The street address of the applicant’s principal place of business, if different from the applicant’s residential address and address of the applicant’s employer;

 

(11)  The mailing address of the applicant’s principal place of business, if different from other addresses;

 

(12)  The applicant’s business e-mail address;

 

(13)  The name, address, telephone number and relationship of the applicant’s nearest living relative;

 

(14)  Whether or not the applicant is able to perform those duties of a judge set forth in Pari 605.58;

 

(15)  Whether or not, within the past 10 years, the applicant has been convicted of or pleaded guilty, as an adult in any jurisdiction, to any felony, which has not been annulled;

 

(16)  If the answer to (15) above is yes:

 

a.  A description of each felony;

 

b.  The date of each conviction or guilty plea;

 

c.  The name and location of the court where the applicant was convicted or pleaded guilty; and

 

d.  A description of each sentence imposed;

 

(17)  Whether or not, within the past 10 years, the applicant has been convicted of or pleaded guilty, in any jurisdiction, to violation of any law relative to gaming or gambling laws or law relating to cruelty to animals, which has not been annulled;

 

(18)  If the answer to question (17) is yes:

 

a.  A description of each offense;

 

b.  The date of each conviction or guilty plea;

 

c.  The name and location of each court where the applicant was convicted or pleaded guilty; and

 

d.  A description of each sentence imposed;

 

(19)  Whether or not, within the past 2 years, the applicant has been convicted of or pleaded guilty, as an adult in any jurisdiction, to any misdemeanor involving a controlled substance which has not been annulled which.

 

(20)  If the answer to (19) above is yes:

 

a.  A description of each misdemeanor;

 

b.  The date of each conviction or guilty plea;

 

c.  The name and location of each court where the applicant was convicted or pleaded guilty; and

 

d.  A description of each sentence imposed;

 

(21)  Whether or not the applicant is currently subject to the revocation or suspension of a license or occupational license relating to pari-mutuel wagering, greyhound racing or horse racing in this or any other jurisdiction;

 

(22)  If the answer to question (21) is yes:

 

a.  The jurisdiction in which each suspension or revocation occurred;

 

b.  The date of each revocation or suspension; and

 

c.  A description of the terms of each revocation or suspension;

 

(23)  Whether or not the applicant currently does not hold a license or occupational license relating to pari-mutuel wagering, greyhound racing or horse racing issued in this or any other jurisdiction because such license or occupational license was voluntarily surrendered while a proceeding was pending against the applicant for alleged misconduct;

 

(24)  If the answer to (23) above is yes:

 

a.  The jurisdiction in which the surrender was made;

 

b.  The date of the surrender; and

 

c.  A description of the alleged misconduct;

 

(25)  Whether or not the applicant is currently subject to exclusion from any premises at which horse racing, greyhound racing or pari-mutuel wagering is held;

 

(26)  If the answer to (25) above is yes:

 

a.  The jurisdiction imposing the exclusion;

 

b.  The date and terms of the exclusion; and

 

c.  The reason for such exclusion;

 

(27)  Whether or not the applicant is currently subject to a determination that he or she is ineligible to engage in the racing or training of any horse or greyhound, or to engage in pari-mutuel wagering, as the result of misconduct in this or any other jurisdiction;

 

(28)  If the answer to (27) above is yes:

 

a.  The jurisdiction making the determination;

 

b.  The date of the determination; and

 

c.  The reason for the determination;

 

(29)  Whether or nor the applicant has ever owned, operated or been associated in any way with any illegal gambling enterprise;

 

(30)  Whether or not the applicant has previously been licensed by the commission and, if so:

 

a.  The type of license held; and

 

b.  The year or years of such licensure;

 

(31)  Whether or not the applicant has previously been licensed by an agency, commission or other authority in another state or nation that is responsible for issuing licenses relative to pari-mutuel wagering, horse racing or greyhound racing and, if so:

 

a.  The name of each jurisdiction in which a license was held;

 

b.  Each type of license held; and

 

c.  The year or years of such license or licenses;

 

(31)  Whether the applicant has successfully served in on-the-job training under the supervision of a person currently or formerly licensed as a judge;

 

(32)  If the answer to (31) above is yes, the dates of on-the-job training and the name or names of the occupational licensee under whom the training was held;

 

(33)  Whether the applicant is accredited by the USTA or ARCI and, if so, the applicant’s ARCI number or a list of USTA licenses;

 

(34)  Whether or not the applicant has vision of at least 20/40 in both eyes, or vision that is corrected to 20/40 in both eyes;

 

(35)  The applicant’s signature on a statement preprinted on the form stating that:

 

a.  The applicant agrees to abide by the rules of the commission and the laws of the State of New Hampshire relative to greyhound racing, horse racing and pari-mutuel wagering;

 

b.  The information provided on the application form is true, accurate and complete; and

 

c.  The applicant acknowledges that, pursuant to RSA 641:3, making a false statement on this application form is punishable as a crime; and

 

(36)  The date of the signature described in (35) above.

 

(b)  The occupational license application shall contain the following notice regarding the requirement to provide the applicant’s social security number as required by (a)(3)d. above:

 

“The commission will deny your occupational license if you refuse to submit your social security number (SSN).  Your professional license will not display your SSN and your SSN will not be made available to the public.

 

The commission is required to obtain your SSN for the purpose of child support enforcement and in compliance with RSA 161-B:11. This collection of your SSN is mandatory.”

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.32  Required Supporting Materials for Judge’s License.  In addition to the completed application form, an applicant for occupational licensure for judge shall submit or cause to be submitted the following:

 

(a)  An executed criminal records release relative to the applicant;

 

(b)  A written recommendation from the director of the commission recommending the applicant’s licensure as a judge;

 

(c)  If the applicant is applying for licensure as a judge selected by a licensee under Pari 605.58(a), a written recommendation of a licensee under RSA 284:15 as to the applicant’s licensure as a judge, together with a statement that the licensee has agreed to employ the applicant;

 

(d)  Either:

 

(1)  A copy of a signed letter or other signed writing from an optometrist, ophthalmologist or other licensed medical professional specifying the applicant’s corrected and uncorrected vision and indicating that the applicant has at least 20/40 vision in both eyes, or vision that is corrected to 20/40 in both eyes; or

 

(2)  A signed writing from a judge selected by the commission under Pari 605.58(a) stating that the applicant is able to read 40 point type from a distance of 20 feet with both eyes, and specifying whether to do so it is necessary for the applicant to wear corrective lenses;

 

(e)  A photocopy of a certificate attesting to accreditation by the ARCI, a letter from the ARCI, specifying the type of accreditation received and the date thereof or a photocopy of your USTA judges’ license; and

 

(f)  A signed letter from a current or former occupationally licensed judge containing:

 

(1)  A statement that the signer is familiar with the qualifications for occupational licensure for the position of judge;

 

(2)  A description of the nature and extent of the signer’s first hand knowledge of the applicant;

 

(3)  A description of the on-the-job training that the applicant has fulfilled; and

 

(4)  A statement that the applicant has met the training or experience qualifications for the position of judge.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.33  Additional Provisions Regarding Judge’s Licenses.

 

(a)  Judge’s application forms may be submitted without provision of the recommendation of the director of the commission.

 

(b)  Judge’s application forms submitted without the recommendation of the director under (a) above shall be forwarded to the director for review.

 

(c)  The director shall make his or her recommendation as to licensure of a judge within 10 days of the time an applicant submit s his or her request for a recommendation to the director.

 

(d)  Following review and recommendation by the director under (a) through (c) above, the director shall forward the application form to the commission.

 

(e)  Recommendations of the director of the commission shall be in the form of either:

 

(1)  A writing separate from the application form that contains:

 

a.  The director’s name;

 

b.  The name of the applicant;

 

c.  The date of the document; and

 

d.  The director’s recommendation; or

 

(2)  The placement of a signature on the application form as provided in (f) below.

 

(f)  A director of the commission wishing to provide his or her recommendation regarding the licensure of an applicant by the placement of a signature on the application form as provided in (e) (2) above shall place, in an area below the signature line of an application form marked “for official use only”:

 

(1)  His or her signature on the preprinted signature line provided for the director of the commission;

 

(2)  His or her name in print; and

 

(3)  His or her yes or no answer to the preprinted question “Do you recommend the applicant for approval as an occupational licensee in the position specified?”

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.34  Waiver of Use of Application Form for Occupational Licensees.  The commission shall grant an applicant a waiver from the use of the form described in Pari 605.05 provided that the applicant submits to the commission any occupational license application form produced by the ARCI, including:

 

(a)  A written submission of any additional information required by the form specified in Pari 605.05;

 

(b)  The applicable supplemental form specified Pari 605.07 through Pari 605.27; and

 

(c)  The items required by Pari 605.03(a)(3) through (a)(4).

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.35  Qualifications for Occupational Licenses.

 

(a)  Each applicant for an occupational license listed in Pari 605.01(a) shall:

 

(1)  Be able to perform those duties of the position for which the person is applying as are set forth in this chapter;

 

(2)  Unless otherwise specified by these rules, be at least 18 years of age;

 

(3)  Except in the case of applicants for the position of horse judge under Pari 605.01(a)(14), be recommended to the commission for the occupational license by a majority of a board of judges noted; and

 

(4)  Except in the case of applicants for the position of horse judge under Pari 605.01(a)(14), be recommended to the commission for the occupational license by a judge selected by the commission.

 

(b)  An applicant for an occupational license listed in Pari 605.01(a) shall not, and if the applicant is a corporation, partnership or other form of association, its officers, directors, owners or trustees shall not:

 

(1)  Within the past 10 years have been convicted of or pleaded guilty, as an adult in any jurisdiction, to any felony which has not been annulled;

 

(2)  Within the past 10 years been convicted of or pleaded guilty, in any jurisdiction, to violation of any law relative to gaming or gambling or law relating to cruelty to animals which has not been annulled;

 

(3)  Within the past 2 years have been convicted of or pleaded guilty, as an adult in any jurisdiction, to any misdemeanor involving a controlled substance which has not been annulled;

 

(4)  Currently be subject to the revocation or suspension of a license or occupational license relating to pari-mutuel wagering, greyhound racing or horse racing in this or any other jurisdiction;

 

(5)  Currently not be the holder of a license or occupational license relating to pari-mutuel wagering, greyhound racing or horse racing license issued in this or any other jurisdiction because such a license was voluntarily surrendered while a proceeding was pending against the applicant for alleged misconduct;

 

(6)  Currently be subject to exclusion from any premises at which horse racing, greyhound racing or pari-mutuel wagering is held;

 

(7)  Currently be subject to a determination that the applicant is ineligible to engage in the racing or training of any horse or greyhound, or to engage in pari-mutuel wagering, as the result of misconduct in this or any other jurisdiction;

 

(8)  Have ever owned, operated or been associated in any way with any illegal gambling enterprise; or

 

(9)  If under the age of 18 years, be prohibited from performing the job functions performed by an occupational licensee in the field applied for by operation of the laws relating to the employment of minors, or any other state or federal law.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.36  Qualifications for Horse Owner, Owner-Trainer, Owner-Driver or Owner-Trainer-Driver.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as an owner, owner-trainer, owner-driver or owner-trainer-driver shall:

 

(a)  Be a member of the USTA;

 

(b)  Be recommended for the occupational license by 2 persons whom the applicant has known for at least 2 years and who are not relatives;

 

(c)  Have the financial ability to pay all bills arising in this state relative to the care and maintenance of horses that the applicant owns or trains;

 

(d)  If an applicant for occupational licensure as an owner-trainer or owner-trainer-driver, have at least 3 months of experience as an assistant trainer; and

 

(e)  If an applicant for occupational licensure as an owner-trainer or owner-trainer-driver who intends to train horses for individuals or stables other than him or herself, be recommended for occupational licensure by at least one other owner or stable for whom the applicant will train horses.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.37  Qualifications for Horse Trainer, Assistant Trainer or Driver-Trainer.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse trainer, assistant trainer or driver-trainer shall:

 

(a)  Be a member of the USTA;

 

(b)  Be recommended for the occupational license by 2 persons whom the applicant has known for at least 2 years and who are not relatives;

 

(c)  Be recommended for occupational licensure by at least one owner or stable for whom the applicant will train horses;

 

(d)  Have the financial ability to pay all bills arising in this state relative to the care and maintenance of horses that the applicant trains; and

 

(e)  For a trainer or driver-trainer, have at least 3 months of experience as an assistant trainer;

 

(f)  For an assistant trainer, be at least 16 years of age; and

 

(g)  If the applicant is below the age of 18 years, submit written permission from at least one parent or legal guardian to serve as an assistant trainer.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.38  Qualifications for Harness Racing Driver.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness racing driver shall:

 

(a)  Be a member of the USTA;

 

(b)  Be recommended for the occupational license by 2 persons whom the applicant has known for at least 2 years and who are not relatives;

 

(c)  Be recommended for occupational licensure by at least one owner or stable for whom the applicant will drive horses;

 

(d)  Be at least 16 years of age; and

 

(e)  If the applicant is below the age of 18 years, submit written permission from at least one parent or legal guardian to serve as driver.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.39  Qualifications for Horse Veterinarian or Veterinarian Assistant.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse veterinarian or veterinarian assistant shall:

 

(a)  Be currently licensed to practice veterinary medicine in New Hampshire;

 

(b)  Not currently be subject to suspension or revocation of any license to practice veterinary medicine in this or any other jurisdiction; and

 

(c)  For a veterinarian assistant, be recommended for the occupational license by a person licensed in the area in which licensure is sought who has agreed to supervise the applicant.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.40  Qualifications for Harness Racing Secretary.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness racing secretary shall:

 

(a)  Be a member of USTA;

 

(b)  Have successfully served in on-the-job training under the supervision of a currently or formerly licensed racing secretary; and

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.41  Qualifications for Harness Assistant Racing Secretary or Clerk to the Racing Secretary.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness assistant racing secretary or a clerk to the racing secretary shall:

 

(a)  Be a member of USTA;

 

(b)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(c)  Be recommended by for the occupational license by a licensed racing secretary who agrees to supervise the applicant.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.42  Qualifications for Harness Racing Official Trainee.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness racing official trainee shall:

 

(a)  Be a member of USTA;

 

(b)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(c)  Be recommended for the occupational license by a licensed racing official who agrees to supervise the applicant. 

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.43  Qualifications for Harness Director of Racing, Horseman’s Bookkeeper, Clerk of the Course, Photo Finish Operator, Video Equipment Operator or Timer.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness director of racing, horseman’s bookkeeper, clerk of the course, photo finish operator, video equipment operator or timer shall:

 

(a)  Be a member of the USTA;

 

(b)  Have successfully served in on-the-job training under the supervision of a person currently or formerly licensed in the occupational category in which the applicant seeks licensure; and

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.44  Qualifications for Harness Race Starter.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a race starter shall:

 

(a)  Be a member of the USTA;

 

(b)  Have successfully served in on-the-job training under the supervision of a person currently or formerly licensed in the occupational category in which the applicant is seeking licensure; and

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.45  Qualifications for Harness Starting Gate Driver.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness starting gate driver shall:

 

(a)  Be a member of the USTA;

 

(b)  Have a valid New Hampshire driver’s license;

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(d)  Be recommended for the occupational license by an occupationally licensed racing starter who has agreed to supervise the applicant.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

          Pari 605.46  Qualifications for Horse Racing Announcer, Race Charter, Horse Identifier, Paddock Judge, or Paddock Judge Assistant.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse racing announcer, race charter, horse identifier, paddock judge or paddock judge assistant shall:

 

(a)  Be a member of the USTA;

 

(b)  Have successfully served in on-the-job training under the supervision of a person currently or formerly licensed in the occupational category in which the applicant seeks licensure;

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(d)  Have vision which is at least 20/40 in both eyes, or vision that is corrected to 20/40 in both eyes.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.47  Qualifications for Harness Patrol Judge.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness patrol judge shall:

 

(a)  Be a member of the USTA;

 

(b)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(d)  Have vision which is at least 20/40 in both eyes, or vision that is corrected to 20/40 in both eyes.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.48  Qualifications for Horse Stable Employee.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse stable employee shall:

 

(a)  Be at least 16 years of age;

 

(b)  Be recommended for the occupational license by 2 persons whom the applicant has known for at least 2 years and who are not relatives;

 

(c)  If the applicant is below the age of 18 years, submit written permission from at least one parent or legal guardian to serve as a stable employee; and

 

(d)  Be recommended for the occupational license by a person licensed in the area in which licensure is sought who has agreed to supervise the applicant.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.49  Qualifications for Horse Racing Mutuel Manager, Mutuel Department Employee, Food Concession Manager or Admissions Manager.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse mutuel manager, mutuel department employee, food concession manager, admissions manager, food concession employee or admissions employee shall:

 

(a)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(b)  Possess basic skills in mathematics so as to enable the person to make change and balance accounts.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.50  Qualifications for Food Concession Employee or Admissions Employee.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a food concession employee or an admissions employee shall:

 

(a)  Be at least 16 years of age;

 

(b)  If the applicant is below the age of 18 years, submit written permission from at least one parent or legal guardian to serve as a food concession or admissions employee;

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(d)  Possess basic skills in mathematics so as to enable the person to make change and balance accounts.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.51  Qualifications for Horse Racing Chief of Security.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for a license as a horse racing chief of security shall:

 

(a)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(b)  Hold a valid New Hampshire security guard license under RSA 106-F; and

 

(c)  Hold at least an associate’s degree in a field related to criminal justice or have at least 5 years of experience in law enforcement or security.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.52  Qualifications for Horse Racing Security Personnel.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse racing security personnel shall:

 

(a)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(b)  Hold a valid New Hampshire security guard license under RSA 106-F.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.53  Qualifications for Horse Racing Director of Maintenance.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as horse racing director of maintenance shall be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.54  Qualifications for Maintenance Employee, Course Maintenance Employee or Other Horse Racing Employee.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a maintenance employee, a course maintenance employee or other horse racing employee under Pari 605.01(a)(47) shall:

 

(a)  Be at least 16 years of age;

 

(b)  If the applicant is below the age of 18 years, submit written permission from at least one parent or legal guardian to serve as maintenance employee or course maintenance employee; and

 

(c)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.55  Qualifications for Horse Racing Totalisator Company.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a totalisator company shall:

 

(a)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15;

 

(b)  Possess, and submit to the commission, a written, executed contract between the applicant and a licensee under RSA 284:15, to act as a totalisator company at a racing premises;

 

(c)  Possess and agree to utilize equipment which is capable of providing a written printout of all transactions relative to pari-mutuel wagering on horse races that take place at the racing premises;

 

(d)  Be incorporated, formed, or registered with the secretary of state to do business in, the state of New Hampshire; and

 

(e)  Agree to provide the commission within 48 hours of a request by the commission, a record of any transaction or all transactions specified by the commission under Pari 605.22(c).

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.56  Qualifications for Employee of a Horse Racing Totalisator Company.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse racing employee of a totalisator company shall:

 

(a)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15; and

 

(b)  Be recommended for the occupational license by a totalisator company that:

 

(1)  Possesses a contract with a licensee under RSA 284:15; and

 

(2)  Intends to hire or continue the employment of the employee at the racing premises that is subject to the contract noted in (b)(1) above.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.57  Qualifications for Horse Racing Vendor.  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a horse racing vendor shall:

 

(a)  Be recommended for the occupational license by a person, corporation or association licensed under RSA 284:15;

 

(b)  Possess, and submit to the commission, a written, executed contract between the applicant and at least one stable, or between the applicant and a licensee under RSA 284:15, to sell goods or services at the racing premises where the stable will operate or which is operated by the licensee under RSA 284:15;

 

(c)  Possess, and submit to the commission and the licensee under RSA 284:15 at whose racing premises the vendor will operate, a written list of the goods or services that the applicant will offer for sale; and

 

(d)  Possess, and submit to the commission and the licensee, a written statement of the precise location on the racing premises where goods or services will be offered for sale.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.58  Qualifications for Harness Horse Judge.

 

(a)  In addition to the qualifications set forth in Pari 605.35 above, an applicant for an occupational license as a harness horse judge shall:

 

(1)  Have successfully served in on-the-job training under the supervision of a currently or formerly licensed judge;

 

(2)  Be accredited by the ARCI;

 

(3)  Have vision which is at least 20/40 in both eyes, or vision that is corrected to 20/40 in both eyes;

 

(4)  Be recommended by the director of the commission for licensure as a judge; and

 

(5)  Either be:

 

a.  Acceptable to both the commission pursuant to RSA 284:20 and approved as a judge by a licensee under RSA 284:15 who has agreed to employ the applicant; or

 

b.  Approved as a judge by the commission, without the approval of the licensee.

 

(b)  In the case of the inability of any horse judge to perform his or her functions, a temporary judge shall be appointed by the remaining members of the board of judges in place of that judge.

 

(c)  Temporary judges shall serve for the following periods, whichever is shorter:

 

(1)  One day;

 

(2)  A period specified by the appointing harness judges; or

 

(3)  A period specified by the commission.

 

(d)  A temporary judge shall hold an occupational license as a:

 

(1)  Judge;

 

(2)  Racing secretary;

 

(3)  Assistant racing secretary;

 

(4)  Clerk to the racing secretary;

 

(5)  Director of racing;

 

(6)  Clerk of the course;

 

(7)  Horseman’s bookkeeper;

 

(8)  Race starter;

 

(9)  Starting gate driver;

 

(10)  Announcer;

 

(11)  Race charter;

 

(12)  Paddock judge

 

(13)  Paddock judge assistant;

 

(14)  Horse identifier;

 

(15)  Patrol judge;

 

(16)  Racing official trainee;

 

(17)  Photo finish operator; or

 

(18)  Timer.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.59  Waiver of Occupational Licensing Qualification Rules.

 

(a)  An occupational licensee or applicant for an occupational license may request waiver of any rule relating to the qualifications for an occupational license by submitting to the commission a written request describing the waiver sought and the reasons for granting the waiver.

 

(b)  The commission shall grant a waiver under (a) above if it determines that:

 

(1)  The purpose of the qualification sought to be waived would be achieved even if the waiver is granted;

 

(2)  The waiver would not, if an applicant were hired by a licensee under RSA 284:15, impact upon the ability of that licensee to act according the requirements of law or be likely to adversely affect the running of any race;

 

(3)  The waiver does not relate to rules relating to the ownership of, operation of, or association with, an illegal gambling enterprise or to violations of federal or state gaming or gambling laws;

 

(4)  The waiver does not relate to any age requirement;

 

(5)  The request for waiver is supported in writing by a licensee under RSA 284:15;

 

(6)  The request is supported in writing by a majority of a board of judges;

 

(7)  The request is supported in writing by a judge selected by the commission under Pari 605.58(a); and

 

(8)  The waiver would not conflict with the provisions of RSA 284 or other applicable statutory law.

 

(c)  The commission shall, upon its own motion, grant a waiver of a rule relating to qualifications for occupational licensure if it determines that:

 

(1)  The purpose of the qualification sought to be waived would be achieved even if the waiver is granted;

 

(2)  The waiver would not, if an applicant were hired by a licensee under RSA 284:15, impact upon the ability of that licensee to act according to the requirements of law or be likely to adversely affect the running of any race;

 

(3)  The waiver does not relate to rules relating to the ownership of, operation of, or association with, an illegal gambling enterprise or to violations of federal or state gaming or gambling laws; and

 

(4)  The waiver would advance the purposes of RSA 284.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 605.60  Presence on the Racing Premises of Minors.

 

(a)  An occupationally licensed parent, grandparent or guardian of a minor may have the minor with him or her in the stable compound.

 

(b)  The parent, grandparent or guardian shall assume responsibility for the conduct of the minor.

 

(c)  No person under the age of 18 shall be employed on the premises unless that person meets the requirements of RSA 276-A.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

PART Pari 606  STABLE NAME LICENSING

 

Pari 606.01  Requirements for Stable Names.

 

(a)  Any person entering horses to race under a stable name shall submit an application for a stable name license to the commission.

 

(b)  In order to be licensed, a stable name shall be plainly distinguishable from:

 

(1)  All other stable names licensed in this state;

 

(2)  All stable names registered with the USTA; and

 

(3)  Any names of harness horse racing premises within the United States.

 

(c)  No license shall be issued for a stable name which is the same as:

 

(1)  The real name of another owner of horses racing within the state; or

 

(2)  The real or stable name of an individual who has not given permission for the use of the name.

 

(d)  The fee for stable name licenses shall be $40.00 per year.

 

(e)  The stable name license shall be valid through December 31 of the year for which the license is issued.

 

Source.  #8605, eff 4-12-06; amd by #9230, eff 10-1-08, paras. (a)-(c) and (e) EXPIRED: 4-12-14

          Pari 606.02  Application Process for Stable Name License.

 

(a)  Each person who wishes to apply for stable name license shall submit the following to the office of the commission located at any racing premises:

 

(1)  A fully executed application form provided by the commission that contains the information specified in Pari 606.03; and

 

(2)  The license fee specified in Pari 606.01(d).

 

(b)  An application form shall:

 

(1)  Be completed using a key board or legibly printed in ink;

 

(2)  Be signed by the applicant; and

 

(3)  Have all sections completed or designated as not applicable to the applicant.

 

(c)  If the commission, for the purpose of determining the applicant's qualifications for licensure, requires any information or documents additional to the materials submitted by the applicant under (a) above, the commission shall:

 

(1)  Notify the applicant in writing within 60 days of the date that the application is on file with the commission; and

 

(2)  Specify the information or documents which the applicant is required to submit.

 

(d)  If required pursuant to (c) above, the applicant shall submit any additional information or documents requested by the commission within 60 days of receipt of the request.

 

(e)  An application shall be considered to be on file with the commission on the first date that the commission has received:

 

(1)  A fully completed application form; and

 

(2)  Proof that the applicant's check has been deposited and cleared.

 

(f)  The commission shall approve or deny the application in writing within 60 days of the date that the application is on file with the commission or the date that additional information is received by the commission from the applicant.

 

(g)  The commission shall approve the application if the applicant has:

 

(1)  Complied with the application process set forth in this part; and

 

(2)  Met the qualifications specified in Pari 606.01.

 

(h) The commission shall deny an application if the applicant has:

 

(1)  Not complied with the application process set forth in this part;

 

(2)  Not met the qualifications specified in Pari 606.01; or

 

(3)  Not submitted the additional information and documents requested pursuant to (i) above within 60 days of receipt of the request.

 

(i)  If the commission denies the application:

 

(1)  The commission’s written notification pursuant to (f) above shall specify the reason(s) for denial; and

 

(2)  The applicant may request a hearing to appeal the denial within 30 days from the date of the commission’s written notification of the denial.

 

(j)  If at any time during the term of a license, the information provided by a licensee in the application form, supplemental application form or supporting materials becomes inaccurate, the licensee shall within 30 days of the time that the information becomes inaccurate submit a written correction to the commission.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

Pari 606.03  Stable Name Application Form.  On a form provided by the commission, an applicant for a stable name license shall supply the following:

 

(a)  The year for which the applicant is applying for a license;

 

(b)  The stable name;

 

(c)  A list of the names and address of all individuals, corporations and partnerships using the stable name in (b) above;

 

(d)  The type of license held by each individual, corporation and partnership listed pursuant to (c) above;

 

(e)  Whether any of the individuals, corporations and partnerships listed pursuant to (c) above are presently under suspension, set down, ruled off or otherwise debarred from racing by any racing body or other recognized harness racing authority in the U.S. or elsewhere;

 

(f)  If the answer to (e) above is yes, state all particulars of the ruling and the offense charged;

 

(g)  Whether the stable name has been registered with any other racing association or commission, and if so, the name of the racing association or commission and the registration date;

 

(h)  A list of all horses racing under the stable name;

 

          (i)  The applicant’s signature, or, if the applicant is a corporation or other form of association, the signature of the applicant’s duly authorized representative, on a statement preprinted on the form stating that:

 

(1)  The applicant agrees to abide by the rules of the New Hampshire racing and charitable gaming commission and the laws of the State of New Hampshire relative to greyhound racing, horse racing and pari-mutuel wagering;

 

(2)  The information provided on the application form is true, accurate and complete; and

 

(3)  The applicant acknowledges that, pursuant to RSA 641:3, making a false statement on this application form is punishable as a crime; and

 

(j)  The date of the signature described in (i) above.

 

Source.  #8605, eff 4-12-06; amd by #9248, eff 8-29-08; EXPIRED: 4-12-14 except for intro. paragraph, (i) intro. & (i)(1)

 

PART Pari 607  PARTNERSHIP LICENSE

 

Pari 607.01  Duties of Partnerships as Horse Owners.

 

(a)  Whenever multiple individuals own a horse as a partnership, each individual shall be licensed as an owner pursuant to Pari 605 and the partnership shall be licensed pursuant to this part.

 

(b)  One individual member of the partnership shall apply for a partnership license pursuant to Pari 607.03.

 

(c)  Any change in the ownership of a horse shall be promptly reported to the racing secretary.

 

(d)  If an owner is suspended from the racing premises, every horse wholly or partly owned by that owner shall also be suspended for the duration of the owner's suspension.

 

(e)  The fee for a partnership license shall be $40.00 per year.

 

(f)  The partnership license shall be valid through December 31 of the year for which the license is issued.

 

Source.  #8605, eff 4-12-06; amd by #9230, eff 10-1-08; paras. (a)-(d) and (f) EXPIRED: 4-12-14

 

Pari 607.02  Application Process for Partnership License.

 

(a)  Each person who wishes to apply for partnership license shall submit the following to the office of the commission located at any racing premises:

 

(1)  A fully executed application form provided by the commission that contains the information specified in Pari 607.03; and

 

(2)  The license fee specified in Pari 607.01(f).

 

(b)  An application form shall:

 

(1)  Be completed using a key board or legibly printed in ink;

 

(2)  Be signed by the applicant; and

 

(3)  Have all sections completed or designated as not applicable to the applicant.

 

(c)  If the commission, for the purpose of determining the applicant's qualifications for licensure, requires any information or documents additional to the materials submitted by the applicant under (a) above, the commission shall:

 

(1)  Notify the applicant in writing within 60 days of the date that the application is on file with the commission; and

 

(2)  Specify the information or documents which the applicant is required to submit.

 

(d)  If required pursuant to (c) above, the applicant shall submit any additional information or documents requested by the commission within 60 days of receipt of the request.

 

(e)  An application shall be considered to be on file with the commission on the first date that the commission has received:

 

(1)  A fully completed application form; and

 

(2)  Proof that the applicant's check has been deposited and cleared.

 

(f)  The commission shall approve or deny the application in writing within 60 days of the date that the application is on file with the commission or the date that additional information is received by the commission from the applicant.

 

(g)  The commission shall approve the application if the applicant has:

 

(1)  Complied with the application process set forth in this part; and

 

(2)  Met the qualifications specified in Pari 607.01.

 

(h)  The commission shall deny an application if the applicant has:

 

(1)  Not complied with the application process set forth in this part;

 

(2)  Not met the qualifications specified in Pari 607.01; or

 

(3)  Not submitted the additional information and documents requested pursuant to (i) above within 60 days of receipt of the request.

 

(i)  If the commission denies the application:

 

(1)  The commission’s written notification pursuant to (f) above shall specify the reason(s) for denial; and

 

(2)  The applicant may request a hearing to appeal the denial within 30 days from the date of the commission’s written notification of the denial.

 

(j)  If at any time during the term of a license, the information provided by a licensee in the application form, supplemental application form or supporting materials becomes inaccurate, the licensee shall within 30 days of the time that the information becomes inaccurate submit a written correction to the commission.

 

Source.  #8605, eff 4-12-06, EXPIRED: 4-12-14

 

          Pari 607.03  Partnership Application Form.

 

          (a)  On a form provided by the commission, an applicant for a partnership license shall supply the following:

 

(1)  The year for which the applicant is applying for a license;

 

(2)  A list of the names and address of all members of the partnership;

 

(3)  The social security number pursuant to RSA 161-B:11, VI-a and (b) below, for each member of the partnership;

 

(4)  A list of all horses, including sex and age, owned or leased by the partnership;

 

(5)  The name(s) of the member(s) under whose name the horses listed in (4) above will run;

 

(6)  The name of the member who will make all entries and declarations of forfeits;

 

(7)  The name of the person to whom all winnings will be credited;

 

(8)  The applicant’s signature on a statement preprinted on the form stating that:

 

a.  The applicant agrees to abide by the rules of the New Hampshire racing and charitable gaming commission and the laws of the State of New Hampshire relative to greyhound racing, horse racing and pari-mutuel wagering;

 

b.  The information provided on the application form is true, accurate and complete; and

 

c.  The applicant acknowledges that, pursuant to RSA 641:3, making a false statement on this application form is punishable as a crime; and

 

(9)  The date of the signature described in (8) above.

 

(b)  The occupational license application shall contain the following notice regarding the requirement to provide the applicant’s social security number as required by (a)(3)a.4. above:

 

“The commission will deny your occupational license if you refuse to submit your social security number (SSN).  Your professional license will not display your SSN and your SSN will not be made available to the public.

 

The commission is required to obtain your SSN for the purpose of child support enforcement and in compliance with RSA 161-B:11.  This collection of your SSN is mandatory.”

 

Source.  #8605, eff 4-12-06; amd by #9248, eff 8-29-08; EXPIRED: 4-12-14 except for paras. (a) intro. and (a)(8)a.

 


APPENDIX

 

Article II.     Rule

Article III.  Statute

Article IV.    

Article V.      

Pari 601 - 604

Article VI.    RSA 284:12, I and IV

Pari 605 (specific provision implementing specific statute is given below)

RSA 284:12, I and IV; RSA 284:19: RSA 284:20

Pari 606

RSA 284:12, I and IV; RSA 284:19

Pari 607 (specific provision implementing specific statute is given below)

RSA 284:12, I and IV; RSA 284:19

Pari 607.03(a)(3)

RSA 161-B:11, VI-a