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

 

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

 

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

 

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

 

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;

 

(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

 

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

 

          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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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;

&nbs