8.22.2901    GENERAL PROVISIONS

(1) All persons engaged in racing or any part thereof or employed by any person engaged in racing or any part thereof, or employed by the licensee to engage in racing or any part thereof, shall be licensed by the board.

(2) If approved by the board any eligible person may be licensed in a dual capacity providing, however, that there is no real or apparent conflict of interest as determined by the board.

(3) It shall be unlawful for any person to take part in, or officiate in any way or to be employed in any capacity in any race meeting without first having secured a license and paid the license fee.

(4) It shall be the duty of the licensee conducting the race meet to see that each and every employee of the licensee is properly licensed before the race meet commences.

(5) No one under 16 years of age, shall be licensed in any capacity.   Any person under the age of 16 in the legal custody of a licensed racing person may obtain from the board an identification card authorizing his presence in the training area.

(6) All applications for licenses to participate in racing shall be made to the board on forms supplied by them.

(7) The stewards shall examine each application for license and may require each applicant to be fingerprinted and photographed at such time and place and in such manner as the board may direct.   The stewards shall recommend approval or disapproval of the application and no person shall be recommended for license, who in the opinion of the stewards, is unqualified by experience or otherwise to perform the duties required of such applicant.   If any application for license is not approved, the stewards shall inform the board of the reason for not approving the application.

(8) The board may approve an application for a license which has not been approved by the stewards if the reason for not approving as submitted by the stewards appears to be inadequate or unsupported by facts.   The board may refuse to issue or renew a license to any person whose previous conduct is considered by the board to be detrimental to the best interests of racing.

(a) A refusal to grant a license by any other state unaccompanied by good and valid reasons shall not be considered as a ruling by this board.

(b) The denial of a license by the board to any applicant has the same force and effect as a ruling for the violation of a racing rule, and the denial of a license by the board for cause shall continue in effect until such time as the board shall approve a subsequent application for a license.

(c) The board will recognize and will uphold all rulings of every racing jurisdiction.   Under 23-4-202, MCA, application or reapplication for licensure in Montana will be allowed two years after the date of the original licensing sanction order, regardless of the jurisdictional origin of the original license sanction order.   The board reserves the right to deny any application for a license from any person whose previous conduct it considers to be detrimental to the best interest of racing regardless of whether the applicant holds a valid license from another racing jurisdiction.   The board shall have discretionary power to issue a license, or refuse to do so, after an investigation.   An applicant for licensure or relicensure under this section must complete the reinstatement procedure in (9) .

(9) Any person who was licensed by the board but whose license was revoked, or whose license was surrendered while under investigation or while pending a disciplinary proceeding, and who desires to become relicensed by the board must make application for reinstatement by completing a license reinstatement form provided by the board, along with a completed license application and fee.   All persons applying for a license after license sanction imposed in another jurisdiction, will be evaluated according to this procedure.

(a) An application for reinstatement of license shall not be accepted by the board for at least two years after the license has been revoked or surrendered either by the Montana board or another racing jurisdiction unless a shorter time period is specified by the Montana board at the time of revocation or surrender.

(b) The application shall be filed in the board office, and reviewed and investigated by board staff.   Except for good cause shown, no less than 90 days after receipt of the application, the executive secretary shall make a recommendation to the board concerning the applicant's compliance with board rules and whether or not the applicant is appropriate for reinstatement.

(c) The board may, but need not, schedule an oral presentation from the applicant or applicant's legal counsel, or may take testimony from witnesses, in addition to reviewing the application, written documents and the recommendation from staff.   If the board denies the application, it shall comply with 2-4-601 et seq., MCA, for license denial.

(d) The applicant for reinstatement shall have the burden of proving by clear and convincing evidence that the applicant meets the criteria required by this rule.   The applicant also has the burden of producing evidence in support of the applicant's position.   If the applicant produces evidence which meets the burden of proof, and it is not overcome by evidence to the contrary, then the applicant may be reinstated.   Nothing in this rule precludes the board from issuing a license with conditions attached.

(e) The board may impose such conditions as will tend to prevent a reoccurrence of a situation similar to the applicant's prior problem.   The order granting a conditional or probationary license may state that breach of any of the conditions will result in loss of license without the right to a prior hearing.

(f) The following factors must be proven to the board by clear and convincing evidence in favor of the applicant in order to support reinstatement of license:

(i) Applicant must present evidence that the applicant's presence at places under the jurisdiction of the board will not be detrimental to the best interests of racing;

(ii) Applicant has taken responsibility for the applicant's misconduct, and shows sincere remorse for that misconduct;

(iii) If applicable, resolution of substance abuse problems, personal financial problems, and medical, mental and emotional problems which did or may have contributed to the revocation or suspension;

(iv) Willingness to pay restitution to those who were injured or victimized by applicant's prior conduct resulting in the disciplinary action, as well as other similar conduct for which applicant is responsible; and

(v) Willingness to comply with the statutes, rules and orders relating to racing in Montana.

(10) An applicant for license shall fill out, complete and submit the application to the board licensing secretary on the track, accompanied with the appropriate fee.   The validity of that license is subject to the approval of the application by the state steward.   The parimutuel manager shall approve all parimutuel applications. The licensing secretary shall forward the application and a copy of the receipt to the board office, along with a copy of that day's deposit.   The licensing secretary shall make a deposit at the end of each race day.   At the time of receipt of the application and fee, the licensing secretary on the track shall issue to the applicant an identification card which shall serve as the license.

(11) All persons licensed by the Montana board of horse racing must obtain a board identification card, upon which appears the photograph of the license holder.   The license holder must wear the identification card so that the same is plainly visible at all times while the license holder is on the grounds of the licensee conducting the race meeting.

(12) Every license shall be for not more than one year, and shall expire on December 31 of that year.

(13) In the event of the loss of a license card, the board will issue a duplicate upon payment of the appropriate fee.

(14) All corporations having any interest in a horse shall file with the Montana board of horse racing at the time of filing application for an owner's license a statement setting forth the names and addresses of all officers, directors and stockholders of said corporation.

(15) A person licensed at one track in Montana and desiring to race at another track in Montana is subject to have a license validated at that track.   Failure to do so may result in a fine or suspension by the board.   In order to have a license validated, the person must have race horses at that track or show proof of gainful employment at that track.

History: 23-4-104, 23-4-202, MCA; IMP, 23-4-104, 23-4-201, MCA; Eff. 12/31/72; AMD, Eff. 5/4/74; AMD, Eff. 5/6/76; AMD, Eff. 4/4/77; AMD, 1979 MAR p. 39, Eff. 1/26/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1891, Eff. 10/12/90; AMD, 1991 MAR p. 355, Eff. 3/29/91; AMD, 1994 MAR p. 1282, Eff. 5/13/94; AMD, 2000 MAR p. 953, Eff. 4/14/00; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; TRANS, from 32.28.701, 2015 MAR p. 2252, Eff. 12/25/15.