Kan. Admin. Regs. § 112-16-14 - Appeal, stewards' and racing judges' hearing
(a) Any order
entered by the stewards or racing judges that imposes a fine or suspension
shall be subject to appeal to the commission. Such an order shall be deemed to
be an initial order under the Kansas administrative procedure act and any such
appeal shall be treated as a petition for administrative review under the
Kansas administrative procedure act.
(b) A party who wishes to appeal a stewards'
or racing judges' order shall file a notice of appeal and brief form in the
stewards' or racing judges' office during regular office hours within 72 hours
after personal service of the order from which the party is appealing. If an
order is served by mail, the party shall have an additional 72 hours in which
to file a notice of appeal and brief form. For purposes of computing the
timeliness of any service or filing made by mail, the service or filing shall
be deemed complete as of 12:01 a.m. on the date mailed.
(c) Each notice of appeal and brief form
shall be fully executed by the appealing party upon the form available in the
stewards' or racing judges' office. Each notice of appeal and brief form shall
fully state the basis for appeal and identify the issues upon which the party
seeks administrative review. Incomplete forms shall not be accepted by
commission personnel.
(d) A notice
of appeal and brief form shall constitute the appealing party's written brief
under K.S.A. 1997 Supp.
77-527(e). An
opposing party shall be afforded an opportunity to file a brief in response to
the appealing party's brief within 72 hours following the filing of the
appealing party's brief.
(e) Each
notice of appeal form shall include a statement that, in reviewing any
stewards' or racing judges' order:
(1) board
decision-making powers may be exercised by the commission, one or more
commissioners designated by the commission or a presiding officer designated by
the commission; and
(2) in doing
so, the order may be affirmed, reversed, remanded for further hearing, modified
or any penalty may be increased by the commission, one or more commissioners
designated by the commission or a presiding officer designated by the
commission. A new hearing may also be conducted by the commission, or one or
more commissioners designated by the commission or a presiding officer
designated by the commission, and an occupation license may be suspended or
revoked or a fine of $5000 may be imposed for each violation of the racing act
or regulations, or both.
(f) Any order entered by the commission, one
or more commissioners designated by the commission or a presiding officer
designated by the commission, on an appeal from an order entered by the
stewards or racing judges, shall constitute a final order pursuant to K.S.A.
1995 Supp.
77-527(f) for
purposes of reconsideration under
K.S.A.
77-529 or judicial review pursuant to the
Kansas act for judicial review and civil enforcement of agency action,
K.S.A.
77-601, et seq.
(g) A respondent may be deemed to have timely
filed a notice of appeal pursuant to subsection (b) if, after service of the
stewards' or racing judges' order, the respondent:
(1) within the appeal time described in
subsection (b) of this racing regulation, files a writing that states an
intention to appeal the order and that includes substantially the same
information requested in the appeal form available in the stewards' or racing
judges' office; and
Fair Association or Horsemen's Nonprofit Organization
(2) within a period of time
authorized by the chief steward or racing judge, fully executes and files in
the stewards' or racing judges' office the appeal form available in that
office.
Notes
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