Subpart
1.
Stewards' meetings.
Whenever the stewards have reasonable cause to believe that a
Class C licensee has committed an act or engaged in conduct in violation of
statute or rules of the commission or which in the opinion of the stewards
otherwise adversely affects the integrity of horse racing, the following
procedures will apply:
A. The licensee
shall be immediately subject to such intermediate conditions, limitations, and
restrictions as the stewards decide necessary to protect the public safety,
health, and welfare and to ensure the integrity of racing.
B. Within three days of the matter coming to
the attention of the stewards, the licensee shall be summoned to a meeting of
the stewards called for the purpose of investigating suspected or alleged
misconduct by the licensee at which all stewards or their appointed deputies
shall be present; however, the licensee may request a continuance and such
continuance need not necessarily stay any intermediate sanction.
C. The summons given to the licensee shall be
in writing and give adequate notice of the date, time, place, and purpose of
the stewards' meeting, and shall specify by number the statutes or rules
allegedly violated.
D. Every person
called to testify before the stewards at such meeting is entitled to have
counsel or an observer of the person's choosing present at the meeting;
however, such counsel or observer may only participate under such conditions or
in such manner as the stewards direct.
E. If a licensee, after receiving adequate
notice of a stewards' meeting, fails to appear as summoned, the licensee will
be deemed to have waived any right to appear and present evidence to the
stewards.
F. No special
announcement of the meeting or of the alleged infraction of rules shall be made
until after the stewards' meeting, when the stewards shall transmit a signed
written decision to the commission and to the licensee containing the stewards'
findings and the penalty imposed.
G. In the event the stewards are unable to
arrive at a decision by a majority vote, the matter will automatically be
referred to the commission and treated as an appeal.
Subp. 2.
Penalties imposed by
stewards. The stewards may suspend a license up to one year or impose a
fine of up to $10,000 in accordance with the schedule of fines in part
7897.0130 or both; in addition,
they may order any other appropriate disciplinary or corrective action. The
stewards may also make recommendations to the commission for penalties in
excess of their authority.
Subp. 3.
[Repealed, 42 SR 1258]
Subp. 4.
[Renumbered Subp. 17]
Subp. 5.
[Repealed, 42 SR 1258]
Subp. 6.
[Repealed, 42 SR 1258]
Subp. 7.
[Renumbered Subp. 17]
Subp. 8.
[Repealed, 42 SR 1258]
Subp. 9.
[Renumbered Subp. 17]
Subp. 10.
Penalties imposed by stewards or commission for medication
violations.
A. Upon a finding of a
violation of chapter 7890, the stewards or commission shall consider the
classification and penalty category of the substance at the time of the
violation as referenced in the Association of Racing Commissioners
International Uniform Classification Guidelines for Foreign Substances and
Recommended Penalties, as well as any existing mitigating or aggravating
factors, and shall impose penalties and disciplinary measures consistent with
the recommendations contained therein except as limited by part
7897.0130, subpart 5.
B. Mitigating or aggravating factors must be
shown by a preponderance of evidence that the circumstances were actually
present in the instant case. Mere speculation that the circumstances might have
been present is not sufficient proof.
C. For purposes of this subpart, mitigating
factors are conditions or circumstances that do not excuse or justify wrongful
conduct, but are considered out of fairness in deciding to reduce a
penalty.
D. For purposes of this
subpart, aggravating factors are conditions or circumstances that permit a
harsher penalty to be imposed but do not permit a penalty to be imposed greater
than that allowed under the law or rule.