§ 4-31-12-15 — Sanctions imposed by stewards and judges; procedures

Indiana § 4-31-12-15

• Jurisdiction: Indiana
• Art. 31: PARI-MUTUEL WAGERING ON HORSE RACES
• Ch. 12: Medication of Race Horses

Text

(a) The commission may adopt rules under
IC 4-22-2 to delegate to the stewards and judges of racing meetings the
authority to conduct disciplinary hearings on behalf of the commission.
The stewards and judges shall give at least twelve (12) hours notice of
any such hearing. The stewards and judges, on behalf of the
commission, may impose one (1) or more of the following sanctions
against a licensee who violates sections 2 through 13 of this chapter:
(1) A civil penalty not to exceed five thousand dollars ($5,000).
(2) A temporary order or other immediate action in the nature of
a summary suspension where a licensee's actions constitute an
immediate danger to the public health, safety, or welfare.
(3) Suspension of a license held by the licensee for up to one (1)
year. The suspension of a license under this subdivision is:
(A) valid even though the suspension extends beyond the
period of the racing meeting for which the stewards and judges
have been appointed; and
(B) effective at all other racing meetings under the jurisdiction
of the commission.
(4) A rule that a person must stay off the premises of one (1) or
more permit holders if necessary in the public interest to maintain
proper control over recognized meetings.
(5) Referral of the matter to the commission for its consideration.
However, at least two (2) of the stewards or judges must concur in a
sanction.
(b) Unless a suspension of a license or the imposition of a civil
penalty under this section is appealed by the person sanctioned not
more than fifteen (15) days after being sanctioned, the suspension of a
license or the imposition of a civil penalty under this section must
occur within one hundred eighty (180) days of the date of the violation.
(c) A sanction under this section may be appealed to the
commission. Judges and stewards imposing sanctions under this
section must prove the person's violation by a preponderance of the
evidence. The commission shall adopt rules establishing procedures for
appeals and stays of appeals. The commission shall conduct a hearing
on an appeal filed under this section as provided in IC 4-21.5.

Legislative History

As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992, SEC.39; P.L.50-1995, SEC.9; P.L.210-2013, SEC.7.