Kan. Admin. Regs. § 112-4-15

Current through Register Vol. 43, No. 40, October 3, 2024

Section 112-4-15 - Suspended trainer engaged in the training of race horses under the parimutuel racing program of the state of Kansas

(a) Each spouse, parent, grandparent, brother, sister, child, grandchild, uncle, aunt, parent-in-law, brother-in-law or sister-in-law of a trainer engaged in the training of race horses under the parimutuel racing program of the state of Kansas, suspended by the commission or otherwise shall not assume any of the trainer's responsibilities, acts or duties during the term of the suspended trainer's suspension.

(b) Each individual assuming the responsibility for the care, custody or control of the horses of a suspended trainer shall not be paid a salary directly or indirectly by the suspended trainer during the term of the suspended trainer's suspen-sion.

(c) Each trainer assuming the responsibility for the care, custody or control of the horses of a suspended trainer, during the period of the suspended trainer's suspension, shall:

(1) Not use the farm or individual name of the suspended trainer to bill customers;

(2) bill customers directly on the trainer's own bill forms for any services rendered;

(3) maintain a separate account from the suspended trainer for deposits and payments of expenses, including wages of employees;

(4) maintain records of withholding of taxes and deductions from employee pay checks;

(5) maintain records of invoices for all expenses paid during the term of the suspension;

(6) have a written lease, approved by the commission, for the use of any equipment of the suspended trainer;

(7) make no payments of any kind to the suspended trainer, the suspended trainer's family as listed in subsection (a) of this regulation or any entity owned or controlled by the above parties, or to any other person for transfer of right to race, coach or train any of the suspended trainer's horses;

(8) not borrow funds from a suspended trainer or the suspended trainer's family as listed in subsection (a) of this regulation or any entity owned or controlled by the above parties for the purpose of going into the business of training; and

(9) not allow a suspended trainer, the suspended trainer's family as listed in subsection (a) of this regulation, or any entity owned or controlled by the above parties to sign any notes or loans for the trainer for the purpose of going into the business of training.

(d) Any suspended trainer and any trainer taking over the horses of a suspended trainer may be requested to deliver books, canceled checks, invoices, tax returns and other evidence to the commission to prove the details of any relationship between trainers and suspended trainers.

(e) Each suspended trainer found to have engaged in the responsibilities, acts or duties of a trainer during the term of the suspended trainer's suspension shall be subject to a second suspension, or fine, or both, which shall be consecutive to and in addition to the first term of suspension of fine or both.

Kan. Admin. Regs. § 112-4-15

Authorized by K.S.A. 1988 Supp. 74-8804, 74-8816; implementing K.S.A. 1988 Supp. 74-8816; effective, T-112-3-31-89, March 31, 1989; effective June 26, 1989.