Section 1107. Powers and duties of compact committee  


Latest version.
  • The compact committee
      is hereby granted, to carry out its purposes, the power and duty:
        a. to determine which categories of participants in live racing,  such
      as  owners,  trainers,  jockeys,  drivers, grooms, mutuel clerks, racing
      officials, veterinarians, farriers, or others, shall be licensed by  the
      compact  committee, and to establish the term, initial requirements, and
      renewal requirements for each license category. With regard to obtaining
      and weighing criminal history record information on each applicant,  and
      all  non-arbitrary  other  licensure requirements, the compact committee
      shall adopt licensure requirements comparable, in its judgment,  to  the
      most restrictive party state's requirements for such a license;
        b.  to investigate license applicants and, as permitted by federal and
      state law, to gather information,  including  criminal  history  records
      from  the  federal  bureau  of  investigation and from state, local, and
      foreign country law enforcement agencies (including the  Royal  Canadian
      Mounted  Police),  necessary  to  decide  whether an applicant meets its
      license requirements. Such criminal history record  information  may  be
      received  and  reviewed  only by the officials on, and employees of, the
      compact committee, and  that  information  may  be  used  only  for  the
      purposes  of  this compact. No such official or employee may disclose or
      disseminate such criminal history record information to  any  person  or
      entity  other  than  another  official  on,  or employee of, the compact
      committee. The compact committee, its employees, or its  designee  shall
      take  the  fingerprints  of each license applicant and, pursuant to P.L.
      92-544  or  P.L.  100-413,  forward  the   fingerprints   to   a   state
      identification   bureau,   the   Association  of  Racing  Commissioners,
      International (an association of state officials regulating  pari-mutuel
      wagering,  designated  by the attorney general of the United States), or
      another entity with an equivalent designation,  for  submission  to  the
      federal  bureau  of  investigation  or  other  receiving law enforcement
      agency;
        c. to issue and renew licenses for participants in live racing who are
      found by the compact committee to have  met  its  licensure  or  renewal
      requirements.  The  compact  committee  shall  not  have  the  power  or
      authority to deny a license. If it determines that an applicant will not
      be eligible, the compact committee shall notify the  applicant  that  it
      will  not be able to process his or her licensure or renewal application
      any further. That notification shall not constitute, and  shall  not  be
      considered to be, the denial of a license. Although such applicant shall
      have  the  right  to  present  further  evidence  and to be heard by the
      compact committee, after receiving such notification, the final decision
      on issuance or renewal of his or  her  license  shall  be  made  by  the
      compact committee pursuant to its established requirements;
        d.  to  enter into contracts and agreements with governmental agencies
      and other persons to provide personal services for its  activities,  and
      such other services as may be necessary;
        e. to create, appoint, and abolish all those offices, employments, and
      positions  (including  an  executive  director)  useful  to  fulfill its
      purposes; to prescribe their powers, duties, and qualifications; to hire
      persons therefor; and  to  provide  for  their  term,  tenure,  removal,
      compensation,  and  fringe and retirement benefits, and other conditions
      of employment;
        f. to borrow, accept, and contract for the services of personnel  from
      any  state,  federal,  or  other  governmental agency, or from any other
      person or entity;
        g. to acquire, hold, and dispose of any real or personal  property  by
      gift, purchase, lease, license, and similar means;
    
        h. to charge and collect a fee, whether for licensure or renewal, from
      each license applicant; and
        i.   to   receive   additional   funds   through  gifts,  grants,  and
      appropriations.