State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 19510-19518

BUSINESS AND PROFESSIONS CODE
SECTION 19510-19518



19510.  (a) Every steward and racing official not required to be
licensed under Article 4 (commencing with Section 19480) shall be
licensed by the board pursuant to this article. Any license issued
pursuant to this article shall include a current photograph of the
licensed person.
   (b) No person required to be licensed pursuant to this article may
participate in any capacity in any horse race meeting without a
valid and unrevoked license. The board shall determine the fixed
license fee which shall be paid in order to receive a license
pursuant to this article.
   (c) As used in this section, "racing official" means the starter,
timer, paddock judge, horseshoe inspector, horse identifier, official
veterinarian, racing veterinarian, associate judge, placing judge,
patrol judge, clerk of scales, clerk of the course, and any other
person acting as an official at any horse racing meeting.




19510.  (a) Every steward and racing official not required to be
licensed under Article 4 (commencing with Section 19480) shall be
licensed by the board pursuant to this article. Any license issued
pursuant to this article shall include a current photograph of the
licensed person.
   (b) No person required to be licensed pursuant to this article may
participate in any capacity in any horse race meeting without a
valid and unrevoked license. The board shall determine the fixed
license fee which shall be paid in order to receive a license
pursuant to this article.
   (c) As used in this section, "racing official" means the starter,
timer, paddock judge, horseshoe inspector, horse identifier, official
veterinarian, racing veterinarian, associate judge, placing judge,
patrol judge, clerk of scales, clerk of the course, and any other
person acting as an official at any horse racing meeting.




19512.  (a) The board shall require applicants for license as a
steward or as an official veterinarian to pass both a written and an
oral examination.
   (b) The board may admit to the steward examination any person who
meets all of the following qualifications:
   (1) Has not been convicted of a crime involving moral turpitude or
of a felony.
   (2) Has been given a physical examination by a licensed physician
and surgeon within 60 days prior to the date of application for the
steward's examination, indicating at least 20-20 vision or vision
corrected to at least 20-20, and normal hearing ability.
   (3) Possesses at least one of the following qualifications:
   (A) Has at least five years of experience in the parimutuel horse
racing industry as a licensed trainer, jockey, or driver.
   (B) Has at least 10 years of experience in the California
parimutuel horse racing industry as a licensed owner whose
experience, knowledge, ability, and integrity relative to the
industry are known to the board.
   (C) Has at least three years of experience as a licensed racing
official, racing secretary, assistant racing secretary, or director
of racing.
   (D) Has experience in the horse racing industry of a character and
for a length of time sufficient, as determined by the board, to
qualify the person as having experience substantially equivalent to
the experience described in subparagraph (A), (B), or (C).
   (c) The board may admit to the official veterinarian examination
any person who meets all of the following qualifications:
   (1) Is currently licensed to practice veterinary medicine in this
state.
   (2) Is currently in good standing with the California Veterinary
Medical Board.
   (3) Has current veterinary malpractice insurance.



19513.  (a) The board shall prepare both written and oral
examinations. All examinations shall be standardized and, in the case
of oral examinations, tape recorded. Written examinations may be
administered by members of the board staff. Oral examinations for
stewards shall be conducted by a panel of not less than three board
members. Oral examinations for official veterinarians shall be
conducted by a panel of not less than one board member, the equine
medical director, and the executive director.
   (b) The board shall provide a detailed outline of the subjects to
be covered by the oral and written examinations for a license to
every person who requests the outline.
   (c) The results of the oral and written examinations for a steward'
s license shall be a public record.



19514.  Racing officials shall be licensed by the board pursuant to
rules and regulations that the board may adopt, and upon payment of a
license fee fixed and determined by the board.



19515.  An original license issued under this article shall be
issued for a period of the calendar year in which it is issued, and
shall be renewable for a period, not to exceed three years, which the
board may, by regulation, establish. The board may establish a
license fee schedule consistent with the different period for which
these licenses may be granted.
   The license shall be valid at all horse racing meetings in this
state during the period for which it is issued, unless it is
suspended or revoked prior to the expiration of the period.



19516.  The board may, at any time, require the removal of any
racing official or employee in any case where it has reason to
believe that the official or employee has been guilty of any
dishonest practice in connection with horse racing, has failed to
comply with any condition of the licensee's license, or has violated
any law or any rule or regulation of the board.



19517.  (a) The board, upon due consideration, may overrule any
steward's decision other than a decision to disqualify a horse due to
a foul or a riding or a driving infraction in a race, if a
preponderance of the evidence indicates any of the following:
   (1) The steward mistakenly interpreted the law.
   (2) New evidence of a convincing nature is produced.
   (3) The best interests of racing and the state may be better
served.
   (b) However, any decision pertaining to the finish of a race, as
used for purposes of parimutuel fund distribution to winning
ticketholders, may not be overruled. Furthermore, any decision
pertaining to the distribution of purses may be changed only if a
claim is made in writing to the board by one of the involved owners
or trainers, and a preponderance of the evidence clearly indicates to
the board that one or more of the grounds for protest, as outlined
in regulations adopted by the board, has been substantiated. The
chairperson of the board may issue a stay of execution pending appeal
from a steward's decision if the facts justify the action.



19517.5.  (a) The respondent in an enforcement proceeding that
alleges the use of a prohibited substance, as defined under class I,
class II, or class III of the board's schedule of prohibited
substances, may elect to have the proceeding referred, for
administrative adjudication and preparation of a proposed decision
for action by the board, to either a Board of Stewards or a hearing
officer appointed by the board. The board shall select the hearing
officer from a pool jointly developed by a representative from each
of the following organizations:
   (1) The board.
   (2) A racing association.
   (3) The trainers' organization.
   (4) The horse owners' organization.
   (b) The hearing before a duly appointed hearing officer or Board
of Stewards shall commence no later than 90 days after the filing of
the accusation. The hearing date may be extended only upon a showing
of good cause to the earliest possible hearing date beyond the 90-day
period, provided a written order and the reasons for the continuance
are filed with the board.
   (c) No later than 20 days before the hearing, the licensee shall
post a bond with the paymaster of purses for the amount of the purse
or purses in question and received by the licensee. The bond shall be
in cash, or a surety bond that meets the requirements of the board.



19518.  (a) (1) The board shall contract with persons licensed as
stewards pursuant to this article to perform the duties of stewards
at horse racing meets. The board shall also contract with licensed
veterinarians pursuant to this article to perform the duties of
official veterinarians at horse racing meets. Contracts shall be upon
any terms that the board, the stewards, and the official
veterinarians may mutually agree upon and may contain different rates
of compensation based upon the experience of the steward or official
veterinarian.
   (2) The board shall establish a committee of at least two board
members to meet at least quarterly with representatives of the
stewards, so that recommendations of the stewards can be discussed as
necessary. These meetings may be scheduled the same day as regular
board meetings or at the convenience of the board. Representatives of
associations may attend and participate in these meetings, or
portions thereof, when items directly affecting the associations are
discussed.
   (3) The board shall provide remuneration, including any fringe
benefits, to stewards, to the official veterinarian, and for the
costs of laboratory testing relating to horse racing.
   (b) Stewards, official veterinarians, and other racing officials
appointed or approved by the board, and while performing duties
required by this chapter or by the board, shall be entitled to the
same rights and immunities granted public employees by Article 3
(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6
of Title 1 of the Government Code.
   (c) The Legislature finds and declares that the services performed
by stewards and official veterinarians at horse racing meetings are
unique and cannot be performed adequately, competently, or
satisfactorily by civil service personnel, and that the services
cannot be adequately rendered by an existing public agency and do not
duplicate the function of an existing public agency. Stewards and
official veterinarians shall be personal service contractors of the
board and shall not be civil service employees.