4-38-103. Utah Horse Racing Commission.
| (1) |
Terms Used In Utah Code 4-38-103- Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
- Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
There is created within the department the Utah Horse Racing Commission. |
| (b) |
| (i) |
The commission shall consist of seven members who shall be United States citizens, Utah residents, and qualified voters in Utah. |
| (ii) |
Each member shall have an interest in horse racing. |
| (iii) |
Two members shall be chosen from horse racing organizations. |
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| (c) |
| (i) |
The governor shall appoint the members of the commission. |
| (ii) |
The governor shall appoint commission members from a list of nominees submitted by the commissioner of agriculture and food. |
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| (d) |
| (i) |
The members of the commission shall be appointed to four-year terms. |
| (ii) |
A commission member may not serve more than two consecutive terms. |
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| (e) |
Each member shall hold office until the member’s successor is appointed and qualified. |
| (f) |
Vacancies on the commission shall be filled by appointment by the governor for the unexpired term. |
| (g) |
| (i) |
A member may be removed from office by the governor for cause after a public hearing. |
| (ii) |
Notice of the hearing shall fix the time and place of the hearing and shall specify the charges. |
| (iii) |
Copies of the notice of the hearing shall be served on the member by mailing the notice of hearing to the member at the member’s last known address at least 10 days before the date fixed for the hearing. |
| (iv) |
The governor may designate a hearing officer to preside over the hearing and report the hearing findings to the governor. |
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| (2) |
| (a) |
The members of the commission shall annually elect a commission chair. |
| (b) |
Five members of the commission shall constitute a quorum for the transaction of any business of the commission. |
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| (3) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
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| (4) |
All claims and expenditures made under this chapter shall be first audited and passed by the commission and when approved shall be paid in the manner provided by law for payment of claims against the state. |
| (5) |
Any member of the commission who has a personal or private interest in any matter proposed or pending before the commission shall publicly disclose this fact to the commission and may not vote on the matter. |
| (6) |
Any member of the commission who owns or who has any interest, or whose spouse or member of his immediate family has any interest, in a horse participating in a race shall disclose that interest and may not participate in any commission decision involving that race. |
Renumbered and Amended by Chapter 345, 2017 General Session
