01-017-1 Me. Code R. § 10

Current through 2024-51, December 18, 2024

Section 017-1-10 - Licensing Participants

1. No one shall participate in any harness horse racing activity without first making application to and receiving from the Commission a license to so act. Licenses must be current and are issued on a calendar year basis. Fees for licenses shall be paid prior to issuance as set forth in the license fee schedule.

1-A.Grounds for Suspension, Revocation, Refusal or Denial of a License

The Commission may suspend, revoke, refuse to issue or deny any or all of a person's licenses upon a finding that any of the following grounds exist:

1. Pursuant to 5 MRS Chapter 341, when a person has been convicted or otherwise judged guilty of a crime in Maine or in another jurisdiction;

2. When a person has displayed conduct demonstrating dishonest behavior, fraud or theft;

3. A person has displayed conduct found by the Commission to undermine the integrity of harness racing in Maine by negatively impacting:

A. the confidence of the wagering public;

B. the validity of pari-mutuel pools;

C. the health and welfare of spectators and/or participating owners, trainers, drivers, grooms and others involved in harness racing;

D. the health and welfare of race horses.

4. There is evidence of financial irresponsibility on the part of a licensee or applicant, in the form of a court ruling detailing unpaid or default obligations; the licensee or applicant has unpaid fines, fees or purse returns overdue to the Commission or a licensed association; or the Commission has evidence that the applicant has issued drafts or checks that are dishonored or refused payment;

5. A person's license is currently refused, denied, suspended or revoked in another jurisdiction, provided the basis for such action is consistent with Maine law. The Commission may also consider good cause shown by the licensee or applicant;

6. A person is unqualified to perform the duties required;

7. A person has been suspended within the last year from Maine or another jurisdiction, provided the basis for such action is consistent with Maine law, or is currently excluded, or has been excluded, from any association grounds;

8. A person whose conduct, reputation, experience or character may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting;

9. A person has violated any Commission rule or statute;

10. A person fails or refuses to provide a statement to a state official or the Commission when asked to provide one in an ongoing investigation.

11. A person has engaged in bookmaking, touting, or other forms of illegal gambling, or has been a partner of or agent for bookmakers, illegal gamblers, racketeers, or known criminals;

12. A person fails to disclose relevant information or makes a false or misleading statement in or in connection with any application, investigation, or any proceeding before the Commission;

13. A person fails to timely furnish information requested to supplement such application or during the course of a complaint investigation.

14. A person who has either admitted to race fixing in a sworn statement or been found guilty of race fixing in final adjudication or by consent agreement;

15. A person who has information concerning the solicitations or acceptance of a bribe and fails to report the same to the Presiding Judge at the race meeting; or

16. A person has been found in violation of animal welfare laws contained in 17 M.R.S. Chapter 42 or 7 M.R.S.§4011, or witnesses animal cruelty as defined by those laws or death of a horse, on association grounds, and does not report it to state officials.

17. A person continues to act in a capacity requiring a license under the Commission after expiration, suspension, or revocation of that license, or;

18. A person fails to produce any requested documents in the licensee's possession or under the licensee's control concerning a pending complaint proceeding, or any matter under investigation.

2.Owner Licensing Requirements. An applicant for a license as an owner must meet the following requirements.

A. submit a completed application with the appropriate fee;

B. be at least 18 years of age or be at least 14 years of age and the applicant submits a notarized affidavit from his/her parent or legal guardian stating that the parent or legal guardian expressly assumes responsibility for the applicant's financial, contractual and other obligations relating to the applicant's participation in racing;

C. own or lease a horse; and

D. beginning January 1, 2004, an applicant must provide proof of liability insurance on horses owned or leased by him/her in an amount not less than $300,000. Copies of that liability insurance coverage must accompany the application for an owner's license.

3.General Trainer Licensing Requirements. An applicant for a general trainer's license must meet the following requirements:

A. submit a completed application with the appropriate fee;

B. be at least 18 years of age;

C. pass a written test administered by the Department with a score of 70% or better;

D. demonstrate an ability to harness a horse;

E. go a training mile within 4 seconds of a requested time;

F. provide three recommendations from general trainers licensed by the Maine Harness Racing Commission;

Presenting a current United States Trotting Association (USTA) general trainer's license is considered equivalent to fulfilling subparagraph C. through F. of this subsection.

4.Limited Trainer licensing Requirements. An applicant for a limited trainer's license shall meet the following requirements:

A. submit a completed application with the appropriate fee;

B. be at least 18 years of age;

C. pass a written test administered by the Department with a score of 70% or better;

D. demonstrate an ability to harness a horse;

E. be the registered owner or lessee of the horse that is to be trained under the requested license;

Presenting a current USTA limited trainer's license is considered equivalent to fulfilling subparagraph C. through E. of this subsection.

5.Qualifying/Fairs Driver license requirements. An applicant for a Qualifying/Fairs driver's license shall meet the following requirements:

A. submit a completed application with the appropriate fee;

B. be at least 16 years of age;

C. pass a written test administered by the Department with a score of 70% or better;

D. submit recommendations from three drivers holding a valid Maine "A" driver's license;

E. go three satisfactory qualifying races before driving in a pari-mutuel race at a fair;

Presenting a current USTA qualifying/fair license is considered equivalent to fulfilling subparagraph C. through E. of this subsection.

6.Provisional driver license requirements. An applicant for a Provisional Driver's license shall meet the following requirements:

A. Submit a completed application with the appropriate fee;

B. be at least 18 years of age;

C. have 12 satisfactory drives on a qualifying/fair license in the last 12 consecutive months or 15 satisfactory drives within the past 2 years;

D. be recommended by a currently licensed Maine Presiding Judge;

Presenting a current USTA provisional license is considered equivalent to fulfilling subparagraph C. through D. of this subsection.

7.Full Driver's license requirements. An applicant must meet the following requirements for a full driver's license:

A. submit a completed application with the appropriate fee;

B. be 18 years of age;

C. have at least one year's driving experience while holding a Provisional license plus 25 satisfactory drives in that period or 50 satisfactory drives in less than a year;

D. have 10 wins at pari-mutuel meetings in Maine while holding a Provisional license;

E. be recommended by a currently licensed Maine Presiding Judge and two currently licensed Associate Judges.

Presenting a valid current USTA full driver's license is considered equivalent to fulfilling subparagraph C. through E. of this subsection.

8.Grooms Licensing requirements. The applicant must meet the following requirements for a groom's license:

A. submit a completed application with the appropriate fee;

B. be 14 years of age;

C. be recommended by a currently licensed trainer.

9.Judge Licensing Requirements. No person may perform the duties of a Presiding Judge or an Associate Judge at any race meet licensed by the Commission without first applying for and receiving a license from the Commission. All judges must be at least 18 years old and submit a completed application accompanied by the fee set by the Commission.

A. Associate Judge Licensing Requirements. Applicants for associate judge licensure must meet the following requirements:

(1) Provide a current United States Trotting Association (USTA) associate judge credential; or

(2) Show a passing score of a Commission approved exam; and

a. Show a minimum of 1 year experience covering at least 25 race days as a licensed race official in another capacity; or

b. Show proof of completion of an accreditation course approved by the Commission.

B. Presiding Judge Licensing Requirements. Applicants for presiding judge licensure must meet the following requirements:

(1) Provide a current United States Trotting Association (USTA) presiding judge's credential; or

(2) Show a minimum of 1 year experience covering at least 25 race days as a licensed associate judge and have a written recommendation from a currently licensed presiding judge that the applicant is recommended for advancement to a presiding judge.

C.Continuing Education. All Presiding and Associate Judges to be considered for approval must attend a Commission approved educational seminar consisting of at least four hours every two years. The educational seminars must be specific to administration of Maine's racing laws and the Commission's Rules.

10. Licenses expire December 31 in any year in which they are issued.

01-017 C.M.R. ch. 1, § 10