Utah § 4-38-104 - Powers and duties of commission.
Full text of Utah Utah Code § 4-38-104 — Powers and duties of commission., with citation guidance and answers to common questions.
§ 4-38-104. Powers and duties of commission.
Effective 5/14/2019 4-38-104.
Powers and duties of commission.
(1)
The commission shall:
(a)
license, regulate, and supervise the persons involved in the racing of horses as provided in this chapter;
(b)
license, regulate, and supervise the recognized race meets held in this state under the terms of this chapter;
(c)
cause the various places where recognized race meets are held to be visited and inspected at least once a year;
(d)
assist in procuring public liability insurance coverage from a private insurance company for those licensees unable to otherwise obtain the insurance required under this chapter;
to resolve scheduling conflicts and settle disputes among licensees;
(ii)
to supervise, discipline, suspend, fine, and bar from events a person required to be licensed by this chapter;
(iii)
to exclude a horse from a racetrack facility in this state, or prohibit a horse from participating in a horse race or race meet; and
(iv)
to hold, conduct, and operate all recognized race meets conducted pursuant to this chapter;
(f)
determine which persons participating, directly or indirectly, in recognized race meets require licenses;
(g)
announce the time, place, and duration of a recognized race meet for which a license is required; and
(h)
establish reasonable fees for all licenses provided for under this chapter.
(2)
The commission may:
(a)
grant, suspend, or revoke licenses issued under this chapter;
(b)
impose fines as provided in this chapter;
(c)
access criminal history record information for the licensees and commission or contracted employees;
(d)
exclude from any racetrack facility in this state a person, including an owner, who:
(i)
the commission considers detrimental to the best interests of racing; or
(ii)
violates this chapter or any rule or order of the commission; and
(e)
exclude from a racetrack facility in this state, or prohibit from participating in a horse race or race meet, a horse that is owned, in full or part by a person:
(i)
who the commission considers detrimental to the best interests of racing; or
(ii)
who violates this chapter or a rule or order of the commission.
(3)
(a)
For purposes of Subsection (2)(e), ownership includes a horse for which an individual or entity has a beneficial or other interest, as defined by rule.
(b)
The period of time a horse may be excluded or prohibited from racing under Subsection (2)(e) may not exceed one calendar year from the date of the initial oral or written ruling by the stewards.
(c)
A change in ownership or beneficial interest in a horse excluded or prohibited from racing under Subsection (2)(e) does not affect the horse's exclusion from a racetrack or prohibition from racing unless otherwise determined by the commission.
Section 4-38-104 ("Powers and duties of commission.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-38-104?
A common citation format is "Utah Code § 4-38-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-38-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
