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§3A-203.3.
§3A-203.3.
A. The Commission shall appoint an executive director who shall have
the same qualifications as a member of the Commission. The
qualification regarding the residency requirement for Commission
members shall not apply to the executive director. The executive
director shall have experience in the horse racing industry of a
character and for a length of time sufficient, in the opinion of the
Commission, to fulfill the duties required of the executive director.
The Commission shall determine the duties and compensation of the
executive director.
B. The executive director shall recommend to the Commission the
administrative organization and the number and qualifications of
employees necessary without regard to race, color, gender, creed or
national origin, to implement the provisions of the Oklahoma Horse
Racing Act. A written equal opportunity plan will be developed for the
Commission, by the executive director as part of the organizational
plan. Upon approval of the organizational plan by the Commission, the
executive director may employ such persons as are deemed necessary to
implement the provisions of the Oklahoma Horse Racing Act.
C. 1. The organizational plan adopted by the Commission shall provide
for a law enforcement division which shall have the responsibility for
conducting investigations relating to the proper conduct of horse
racing and the pari-mutuel system of wagering including but not
limited to barring undesirables from horse racing, undercover
investigations, fingerprinting persons licensed by the Commission, and
reviewing license applications. The person in charge of the law
enforcement division shall be a professional law enforcement officer
with a minimum of five (5) years of experience in the field of law
enforcement and a graduate of a four-year college with a degree in law
enforcement administration, law, criminology or a related science, or
in lieu thereof a minimum of ten (10) years of experience in the field
of law enforcement.
2. The officers and agents of the law enforcement division of the
Commission, and such other employees as the person in charge of said
division shall designate to perform duties in the investigation and
prevention of crime and the enforcement of the criminal laws of the
state, shall have and exercise all the powers and authority of peace
officers, including the right and power of search and seizure.
3. The Oklahoma State Bureau of Investigation shall provide such
information within its possession as is requested by the law
enforcement division of the Commission for the purpose of reviewing
license applications.
4. If upon investigation by the Commission there is substantial
evidence indicating that the security at any track is not
satisfactory, the Commission may order the organization licensee to
remedy the deficiency. If after ten (10) days following the order the
organization licensee has not remedied the deficiency, the Commission
may institute its own security personnel program until the deficiency
in security is remedied, and may charge the organization licensee the
actual costs incurred for said security. The organization licensee may
petition the Commission for a hearing at any time to review the
necessity of the Commission further maintaining its own security
personnel.
5. The provisions of this subsection shall not be construed to
restrict or prohibit any federal, state, or local law enforcement
officer from performing any duties imposed upon the law enforcement
officer by law.
D. The executive director shall obtain a surety bond in the amount of
One Hundred Thousand Dollars ($100,000.00) before entering into the
duties of the office. The surety bond shall be conditioned upon the
faithful performance of the duties of the executive director and the
proper accounting of all moneys and property received by the executive
director by virtue of the office. The cost of the surety bond shall be
paid by the Commission.
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