Okla. Stat. tit. 3A, § 3A-204

A. The Oklahoma Horse Racing Commission shall:

1. Have supervision of:

a. all race meetings held in this state; provided, for

non-pari-mutuel race meetings and training races held

at non-pari-mutuel tracks jurisdiction of the

Commission shall be limited to a period of time

beginning twelve (12) hours before the commencement of

the first race on a race day and ending four (4) hours

after the finish of the last race on a race day,

b. all occupation and organization licensees in this

state, and

c. all persons on the property of an organization

licensee; provided, for non-pari-mutuel race meetings

and training races held at non-pari-mutuel tracks

supervision of such persons shall be limited to the

period set out in subparagraph a of this paragraph;

2. Have the authority to promulgate rules for the purpose of

administering the provisions of the Oklahoma Horse Racing Act;

3. Administer and enforce the provisions of the Oklahoma Horse

Racing Act and the rules of the Commission;

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4. Adjudicate controversies arising from the enforcement of the

provisions of the Oklahoma Horse Racing Act and the rules of the

Commission;

5. Allocate racing days of not to exceed six (6) days per

calendar week, dates, and hours which are in the best interests of

the people of this state to organization licensees;

6. Promulgate rules for the granting or refusing and the

suspension or revoking of licenses;

7. Promulgate rules for the holding, conducting, and operating

of all race meetings held in this state; provided, the rules of the

American Quarter Horse Association for regulation of the holding,

conducting and operating of non-pari-mutuel race meetings and

training races held at non-pari-mutuel tracks shall serve as the

rules for the holding, conducting and operating of non-pari-mutuel

race meetings and training races held at non-pari-mutuel tracks,

except that appeals from decisions of the stewards shall be to the

Commission, until such time as the Commission has promulgated

substantially similar rules for regulation of the holding,

conducting and operating of non-pari-mutuel race meetings and

training races held at non-pari-mutuel tracks;

8. Have supervision and control of the pari-mutuel machines and

all other equipment at all race meetings held in this state;

9. Check the making of pari-mutuel pools and the distribution

of such pools and shall:

a. contract with the Office of the State Auditor and

Inspector to conduct an annual audit and inspection of

live race meets in this state, and

b. reimburse the Office of the State Auditor and

Inspector for the cost of these services;

10. Promulgate rules governing:

a. bids on leases,

b. the rate charged by an organization licensee for

admission to races, and

c. the rate charged for the performance of any service or

for the sale of any article on the premises of an

organization licensee;

11. Approve all contracts and agreements for the payment of

money and all salaries, fees, and compensations by any organization

licensee;

12. Have the authority to exclude, or compel the exclusion,

from any race meeting:

a. any person who violates the provisions of any rule or

order of the Commission or any law of this state, any

other state, or the United States,

b. any person who has been previously convicted of

violating any law of this state, any other state, the

United States, or

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c. any other person, licensed or unlicensed, whose

conduct or reputation is such that his or her presence

at the race meeting may, in the opinion of the

Commission reflect on the honesty and integrity of

horse racing or interfere with the orderly conduct of

the race meeting. No person shall be excluded or

ejected from a race meeting solely on the grounds of

race, color, creed, sex, national origin, or ancestry;
licensed or unlicensed, whose

conduct or reputation is such that his or her presence

at the race meeting may, in the opinion of the

Commission reflect on the honesty and integrity of

horse racing or interfere with the orderly conduct of

the race meeting. No person shall be excluded or

ejected from a race meeting solely on the grounds of

race, color, creed, sex, national origin, or ancestry;

13. Have investigatory powers and authority to place attendants

and such other persons as may be deemed necessary by the Commission

in the offices, on the tracks, or in places of business of any

organization licensee for the purpose of determining whether an

organization or occupation licensee is complying with the provisions

of the Oklahoma Horse Racing Act and the rules of the Commission;

14. Have authority to acquire or contract with, or establish,

maintain, and operate testing laboratories and related facilities

for the purpose of conducting:

a. human substance abuse testing on occupation licensees

who may affect the outcome of race results. Human

substance abuse tests and the laboratories performing

such tests must meet the nationally recognized

standards specified in the Mandatory Guidelines for

Federal Workplace Drug Testing Programs adopted by the

United States Department of Health and Human Services.

The Commission may require any occupation licensee to

submit to a human substance abuse test if the

Commission has probable cause to believe that such

licensee is possessing or using any controlled

dangerous substance or any other drug in violation of

any federal or state law. Provided, on and after July

1, 1994, such testing shall be in compliance with the

provisions of the Standards for Workplace Drug and

Alcohol Testing Act, and

b. a saliva test, a blood test, a urine test, or other

tests or combinations of tests on the horses run or to

be run in any race meeting. Prior to the Commission

entering into any contract pursuant to this paragraph,

the Attorney General shall review and approve the

contract. Any contract entered into pursuant to this

paragraph shall contain the specifications that were

in the request for bid for the contract;

15. Approve of all proposed construction on property owned or

leased by an organization licensee;

16. Have authority to require that all financial, employment,

or other records of an organization licensee shall be kept in such

manner as prescribed by the Commission and shall be subject to

inspection by the Commission. The organization licensee shall

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submit to the Commission an annual balance sheet, profit-and-loss

statement, and any other information the Commission deems necessary

in order to administer the provisions of the Oklahoma Horse Racing

Act;

17. Have the authority to suspend or revoke a license or impose

fines in amounts not to exceed Ten Thousand Dollars ($10,000.00)

against individuals for each violation and in amounts not to exceed

Twenty Thousand Dollars ($20,000.00) against organization licensees

for each violation of any provision of the Oklahoma Horse Racing

Act, any rules adopted by the Commission, or any order of the

Commission, or for any other action which, in the discretion of the

Commission, is a detriment or impediment to horse racing or both

such suspension or revocation and fine. Each day upon which such

violation or other action by the organization licensee occurs shall

constitute a separate offense;

18. Have authority to suspend a horse from participating in

races if the horse has been involved in any violation of the rules

promulgated by the Commission or the provisions of the Oklahoma

Horse Racing Act; and

19. Prepare and submit an annual report to the Governor, the

Speaker of the House of Representatives, and the President Pro

Tempore of the Senate. The report shall include an account of the
authority to suspend a horse from participating in

races if the horse has been involved in any violation of the rules

promulgated by the Commission or the provisions of the Oklahoma

Horse Racing Act; and

19. Prepare and submit an annual report to the Governor, the

Speaker of the House of Representatives, and the President Pro

Tempore of the Senate. The report shall include an account of the

operations, actions, and orders of the Commission, and an accounting

of all revenue received by the Commission.

B. 1. The Commission may delegate to stewards or the Executive

Director, those of its powers and duties as it deems necessary to

fully implement and effectuate the purposes of the Oklahoma Horse

Racing Act.

2. The Commission, upon appeal or due consideration, may

overrule any decision of a steward except decisions regarding

disqualifications for interference during the running of a race if a

preponderance of evidence indicates:

a. the stewards mistakenly interpreted the law,

b. new evidence of a convincing nature is produced, or

c. the best interests of racing and the state may be

better served.

3. Any decision pertaining to the finish of a race, as used for

purposes of pari-mutuel pool distribution to winning ticket holders,

may not be overruled. Any decision pertaining to the distribution

of purses may be changed only if a claim is made in writing to the

Commission by one of the involved owners or trainers, and a

preponderance of evidence clearly indicates to the Commission that

one or more of the grounds for protest, as provided for in the rules

prepared by the Commission, has been substantiated.

Added by State Question No. 553, Initiative Petition No. 315,

adopted at election held Sept. 21, 1982. Amended by Laws 1983, c.

11, § 13, emerg. eff. March 22, 1983; Laws 1985, c. 196, § 3, emerg.

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eff. June 26, 1985; Laws 1987, c. 208, § 68, operative July 1, 1987;