01-017 C.M.R. ch. 19, § 3 - Appeals

1. Appeal to Commission

All decisions and rulings of the Judges or the officers of tracks may be appealed to the Commission in writing within 3 days after notice of the decision or ruling. The appeal may be taken upon any question in the conduct of a race, interpretation of the rules, decisions relative to the outcome of a race, application of penalties or other action affecting owners, drivers, or horses, but it must be based on a specific charge which, if true, would warrant modification or reversal of the decision.

In order to take an appeal under Chapter 7, sections 53-61, a driver must have first made complaint, claim, or objection as required in Chapter 7, section 55.

A final appeal in the case of any person penalized or disciplined by the racing officials of a meeting licensed by the Commission, may be taken to the Commission.

A. An appeal to the commission must be filed in writing at the office of the Commission within 3 days after notice of the decision or ruling.

B. The request shall be signed by the person making it and must set forth his reason for believing he is entitled to a hearing.

C. An applicant for a hearing will be heard in person, or by counsel, or he may submit his case in writing.

D. All complaints and requests to the Commission must be in writing, and all papers filed with the Commission shall be the property of the Commission.

E. Unless a stay is granted pursuant to chapter, an appeal from a decision of a racing official to the Commission shall not affect such decision until the appeal has been acted upon by the Commission unless otherwise ordered by a court of competent jurisdiction.

F. Such appeal shall be sworn to and security of $100 or an amount equal to the monetary fine shall be posted with the appeal. Upon final disposition of the appeal the security posted will be first applied to the monetary penalty imposed if any, and the balance returned to the person appealing.

G. Failure of the person to pursue the appeal shall result in a forfeiture of the security posted.

H. The Commission may vacate, modify, or increase any penalty imposed by the Judges. In the event a person fails to appear at any disciplinary hearing affecting him or her a default judgment may be rendered against that person, unless excused for good cause. Notice shall be provided of the possibility of a default judgment for failure to appear.

2. Stay of Penalty

In the event a penalty is imposed by the officials, the Commission or Chair may, in cases of a disputed rule interpretation, or where a close question of fact exists, grant a stay of the enforcement of such penalty until the appeal is decided.

Notes

01-017 C.M.R. ch. 19, § 3