01-017 C.M.R. ch. 21, § 4 - Hearings conducted before Commission chair

Hearings held subject to the requirements of this chapter shall be conducted before the full Commission or, as provided in this section, by the chair of the Commission.

The Chair of the Commission may conduct hearings as a sole member hearing board on the following matters:

1. Violations of the rules that could result in a level 3, 4, or 5 penalty and unclassified penalties involving failure to pay fines or purse distributions.

2. Violations of the rules involving first and second positive test violations involving a Class 3, 4, or 5 banned substance.

3. Violations of the rules by a racing association; and

4. Positive tests by a licensee.

All other hearings, including Licensing Hearings and Date Assignment Hearings must be conducted by a quorum of the full Commission.

The Commission, with reasonable notice to the chair, may require the full Commission to conduct a hearing normally held by the chair. The chair, with reasonable notice to the Commission, may schedule a full Commission hearing on any issue normally heard solely by the chair.

The Chair of the Commission may suspend a license in conformity with 5 M.R.S.A. §10004(5)(B) if required to immediately remedy the needs of the sport, provided that suspension shall not continue for more than 30 days.

Notes

01-017 C.M.R. ch. 21, § 4