§3A-204.

§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;
   
   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
   
   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;
   
   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 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 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.