(a) An association may request an exemption or deferred compliance from a requirement in Subchapter B, C, or D as provided by this section.
(b) An association operating a Class 2, 3 or 4 racetrack may request an exemption or deferred compliance if the association determines that compliance with the requirement is:
  (1) economically or geographically infeasible; or
  (2) unnecessary due to new technology or an innovative construction or design of the racetrack.
(c) An association operating a Class 1 or greyhound racetrack may request an exemption if the association determines that compliance with the requirement is unnecessary due to new technology or an innovative construction or design of the racetrack.
(d) A request for an exemption must be in writing and:
  (1) state the association's reason for the request; and
  (2) propose an alternative that substantially satisfies the purpose of the requirement.
(e) A request for deferred compliance must be in writing and:
  (1) state the association's reason for the request;
  (2) propose an alternative that substantially satisfies the purpose of the requirement until compliance is established; and
  (3) establish a schedule under which the association will comply with the requirement.
(f) The Commission may grant an exemption or defer compliance under this section if the Commission determines:
  (1) the association's alternative proposal substantially satisfies the purpose of the requirement;
  (2) the proposed schedule for compliance is reasonable; and
  (3) the Commission determines the exemption or deferred compliance is in the best interests of the race horses or greyhounds, the racing industry, and the citizens of Texas.

Source Note: The provisions of this §309.102 adopted to be effective October 21, 1999, 24 TexReg 8967; amended to be effective January 8, 2004, 29 TexReg 366