OAR 462-120-0010: Who Must Be Licensed

ORS 462.020 states: Licensing required for race meets, persons participating in race meets and public training tracks; licensees to observe rules and orders. (1) No person shall hold any race meet without having first obtained and having in full force and effect a license therefore issued by the commission. (2) No trainer, jockey, apprentice jockey, horse owner, exercise rider, agent, authorized agent, jockey's agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable watchman, starter, timer or other person acting as a participant or official at any race meet, including all employees of the pari-mutuel department, owners and mutuel managers of off-track establishments, employees of multi-jurisdictional simulcasting and interactive wagering totalizator hubs, who work within the State of Oregon, or has access to account information, shall participate in race meets without having first obtained and having in full force and effect a license issued by the commission, pursuant to such rules as the commission shall make. The commission by rule may require other employees of a race meet licensee who are engaged in or performing duties at the racecourse to obtain a license issued by the commission prior to engaging or performing such duties. The commission by rule may also require persons, including corporations, who are not employees of a race meet licensee, but who are authorized to do business at the racecourse, to obtain a license issued by the commission prior to conducting such business. (3) No person shall operate a public training track without having first obtained and having in full force and effect a license issued by the commission. (4) The commission may require each licensee to be fingerprinted and photographed as part of the licensing procedure. (5) Each person holding a license under this chapter shall comply with all rules and orders of the commission. (6) Notwithstanding OAR 462-120-0010(4) and ORS 462.725 subsection 3, the hub’s out-of-state employees who have access to personal identifiable information (PII) or interact with the account holders shall have an Oregon license unless the out-of-state employee holds a current racing and/or gaming license issued by a regulator that regulates horse racing and is in a state or jurisdiction within the United States that has completed a full background check (including fingerprints). The jurisdiction must be verified and approved by the Oregon Racing Commission. (a) Per ORS 646A.602 , PII is defined as: A consumer’s first name or first initial and last name in combination with any one or more of the following data elements, if encryption, redaction or other methods have not rendered the data elements unusable or if the data elements are encrypted and the encryption key has been acquired; (b) A consumer’s Social Security number; (c) A consumer’s driver license number or state identification card number issued by the Department of Transportation; (d) A consumer’s passport number or other identification number issued by the United States; (e) A consumer’s financial account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to a consumer’s financial account, or any other information or combination of information that a person reasonably knows or should know would permit access to the consumer’s financial account; (f) Data from automatic measurements of a consumer’s physical characteristics, such as an image of a fingerprint, retina or iris, that are used to authenticate the consumer’s identity in the course of a financial transaction or other transaction; (g) A consumer’s health insurance policy number or health insurance subscriber identification number in combination with any other unique identifier that a health insurer uses to identify the consumer; or (h) Any information about a consumer’s medical history or mental or physical condition or about a health care professional’s medical diagnosis or treatment of the consumer. (i) IP addresses shall be treated as Personal Identifiable Information when they are reasonably capable of being associated with an individual r household. (7) Notwithstanding the requirements of subsection (2) of this section, the commission, upon receipt of a written application for a license on forms provided by the commission, may in its sound discretion issue a temporary license valid for a period not to exceed 10 days pending final approval or disapproval of the written application for a license.