Racing and Athletics Regulation 8

Regulation Authority:

R.I.G.L. §§41-4-1 et seq., 42-14-17, and 42-35-3

Purpose and Reason:

The purpose of this Regulation is to establish standards and procedures for the issuance of licenses to all employees, non-employees, concessionaires, vendors, greyhound owners, and kennel owners at any Dog Racing Track or Gaming Facility, as well as any other non-employees at any Dog Racing Track or Gaming Facility who have access to any area of the Dog Racing Track or Gaming Facility. This emergency regulation is being filed to correct errors in the original Emergency Regulation.

Brief statement of Reason for Finding Imminent Peril:

The Department of Business Regulation has endeavored to update the vast majority of its license applications for dog racing tracks and gaming facilities for the 2007 license year. Previous applications were outdated and did not contain sufficient provisions to adequately protect the public health, safety, and welfare. R.I. Gen. Laws § 41-4-9.1 requires all “persons, firms partnerships, associations, or corporations desiring to operate any concession allied to any dog racing track, [to] apply for a license to the division of racing and athletics, on such forms and in such a manner as prescribed by regulations of the division.” That section further states that the Department of Business Regulation “by regulations shall establish other occupational licensing for all employees of the concessions, all pari-mutuel employees, and all persons employed in any other capacity by the race track management, and for other persons engaged in racing activities at any dog racing track.” Id. Pursuant to R.I. Gen. Laws § 42-35-3(b), an agency may, if it finds adoption of a rule upon less than thirty (30) days’ notice is necessary because of imminent peril to the public health, safety, or welfare, adopt an emergency rule without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable. The rule so adopted may be effective for a period not exceeding one hundred and twenty (120) days. Id. Furthermore, R. I. Gen. Laws § 42-35-4(b)(2) provides that, subject to constitutional or statutory provisions, an emergency rule may become effective immediately upon filing with the Secretary of State if the agency finds that such an effective date is necessary because of imminent peril to the public health, safety, or welfare. The Department of Business Regulation has determined that conditions exist that necessitate the adoption of this Regulation on an emergency basis, to be effective upon filing with the Secretary of State. The Department of Business Regulation finds that there is imminent peril to the public health, safety, or welfare in that previous application forms did not contain sufficient provisions to adequately protect the public health, safety, or welfare. Furthermore, the 2007 license year for all persons employed on the premises of any dog racing track or gaming facility begins on January 1, 2007. License applications for the 2007 license year are due by December 15, 2006. Therefore, this Emergency Regulation is required, inter alia, in order to: (i) timely implement the renewal of current licensees’ applications; (ii) implement the online licensing processes; (iii) ensure that individuals licensed by the Department in various capacities are subject to appropriate background, competence, and honesty requirements of R.I. Gen. Laws § 41-4-9.1(d); and, (iv) ensure the safety, security, and integrity of the dog racing track and/or gaming facility.