OAR 462-140-0100: Commission Investigator(s)

(1) The Oregon Racing Commission investigative staff will consist of a chief investigator and investigators. (2) The investigative staff has the authority to investigate all violations of ORS Chapter 462 and administrative rules as they pertain to racing and pari-mutuel wagering. The investigative staff shall be granted immediate access to all areas of the racecourse, off-track wagering sites, hubs and licensed training tracks. (a) The investigative staff has the authority to conduct background investigations on any licensee or person requesting to be licensed. (b) The investigative staff will investigate any matter referred to it by the Oregon Racing Commission, executive director or board of stewards. (3) The investigative staff will enforce all the laws and rules specified in ORS Chapter 462 and administrative rules as they pertain to racing. (4) The investigative staff will collect and preserve evidence on all matters in which the Oregon Racing Commission is or may be a party of interest. (a) For purpose of OAR 462-130-0010(3)(a) the investigative staff are designated racing commission representatives for the purpose of directing any licensee to submit to a breathalyzer test or to submit a urine specimen for analysis. (b) For purpose of OAR 462-130-0010(3)(b) the investigative staff are designated racing commission representatives for the purpose of directing any licensee to deliver in the presence of a steward or commission representative a sample of urine for laboratory analysis. (5) The investigative staff will refer all matters which may be a violation of ORS Chapter 462 or rules of racing to the board of stewards or commission upon the completion of an investigation. (6) The investigators shall monitor and inspect the off-track wagering facilities (OTBs) as the Oregon Racing Commission’s direct representative. The investigators monitoring the off-track wagering facilities will have general regulatory authority over all wagering activities at the facility and are authorized to stop all wagering activities in the case of any malfunction of the simulcast system at the facility, or other reason set forth in these rules. (7) The investigators may, under circumstances requiring immediate attention, take any appropriate action not expressly authorized by these rules or ORS Chapter 462 in order to protect the best interests of racing. Any action taken by the investigator not expressly authorized by these rules or the statute is subject to review by the Oregon Racing Commission.