20:04:33:45.  Key employee. If it is the judgment of the commission that the public interest will be served by requiring a person to be licensed as a key employee, the commission shall serve notice of the determination upon the hub licensee who employs or contracts with the person. The commission is not restricted by the title of the job performed by the person but may consider the functions and responsibility of the person in making its decision. Grounds for requiring or denying licensing of a key employee include:

          (1)  If the person is new to the pari-mutuel industry, to the particular hub licensee, the position, or the level of influence or responsibility which the person has, and whether the commission has insufficient or outdated information concerning the person’s character, background, reputation, or association; or

          (2)  If the information received by the commission or the executive secretary which, if true, constitutes grounds for a finding of unsuitability.

          The hub licensee shall, within 30 days following receipt of the notice of the commission's determination, present the application for licensing of the person to the commission or provide documentary evidence that the person is no longer employed by the hub licensee. Failure of the hub licensee to respond as required by this section is grounds for disciplinary action.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 42-7-56(15)(16).

          Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.