§ 23-111-203. Powers and duties generally

(a) Subject to the limitations and conditions as in this chapter or other applicable law provided, the Arkansas Racing Commission shall have sole jurisdiction over the business and the sport of greyhound racing in the state where the racing is permitted for any stake, purse, or reward.

(b) In exercising the jurisdiction as provided in subsection (a) of this section, but without necessarily being limited to the following, it shall be the function, power, and duty of the commission to:

1. (1) Grant franchises to conduct greyhound races;

2. (2) Approve dates for each racing meet and issue permits therefor;

3. (3) Issue licenses to:

   1. (A) An attendant;

   2. (B) A franchise holder’s employee;

   3. (C) A greyhound handler;

   4. (D) A kennel employee;

   5. (E) A kennel helper;

   6. (F) A greyhound owner;

   7. (G) A greyhound trainer;

   8. (H) An assistant greyhound trainer;

   9. (I) A veterinarian;

   10. (J) A veterinarian assistant; and

   11. (K) An authorized agent, contractor, vendor, or other person employed or involved with the care of greyhounds or greyhound racing on the grounds of the licensed racetrack;

4. (4) Establish by rule the license fees, not to exceed one hundred fifty dollars ($150) per applicant, for a license issued under subdivision (b)(3) of this section;

5. (5) Collect and deposit into the State Treasury all fees for franchises and licenses, all taxes and other imposts, and all other moneys due the State of Arkansas in relation to greyhound racing;

6. (6) Hear and determine all matters properly coming before the commission and grant rehearings thereon; and

7. (7)

   1. (A) Take other action, not inconsistent with law, as it may deem necessary or desirable to supervise and regulate and to effectively control in the public interest greyhound racing in the State of Arkansas, including without limitation:

      1. (i) Imposing fines in an amount not to exceed one hundred thousand dollars ($100,000) per violation of a rule of the commission;

      2. (ii) Issuing orders;

      3. (iii) Ordering the forfeiture of purse money won by a disqualified greyhound;

      4. (iv) Prescribing conditions under which greyhound racing shall be conducted by a franchise holder;

      5. (v) Promulgating rules;

      6. (vi) Redistributing forfeited purse money; and

      7. (vii) Suspending or revoking licenses.

   2. (B) The commission shall exercise its authority under this subsection in a reasonable manner.

   3. (C) The holder of a franchise or a taxpayer may appeal an action of the commission to the Pulaski County Circuit Court.

(c)

1. (1)

   1. (A) The commission may require an applicant to be fingerprinted to determine the applicant’s suitability to be issued a license as a greyhound owner or trainer.

   2. (B) If required by the commission, the fingerprints shall be forwarded by the commission to the Division of Arkansas State Police for statewide criminal and noncriminal background checks.

   3. (C) After completion of the statewide criminal and noncriminal background checks, the fingerprints shall be forwarded by the division to the Federal Bureau of Investigation for a national criminal history record check.

2. (2) The applicant shall sign a release that authorizes the:

   1. (A) Division to forward the applicant’s fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and

   2. (B) Release of the results of the statewide criminal and noncriminal background checks and the national criminal history record check to the commission.

3. (3)

   1. (A) Any information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check shall be kept confidential and may be used by the commission only for the purpose of determining the applicant’s suitability to be licensed by the commission.

   2. (B) The commission may disclose any information under subdivision (c)(3)(A) of this section to the applicant or the applicant’s duly authorized representative.

4. (4) No statewide criminal and noncriminal background checks or national criminal history record check shall be required of applicants for certain classes of licenses that have been exempted from investigation by rules promulgated by the commission.

5. (5) The commission shall promulgate rules to implement this subsection.