Indiana § 4-31-13-2 Disciplinary hearings; sanctions, maximum civil penalty; appeals

Indiana Statutes

§ 4-31-13-2 — Disciplinary hearings; sanctions, maximum civil penalty; appeals

Indiana·Art. 31 PARI-MUTUEL WAGERING ON HORSE RACES·Ch. 13 Offenses and Enforcement

(a)The commission may adopt rules under IC 4-22-2 to delegate to the stewards and judges of racing meetings under the jurisdiction of the commission the power 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 this article or the rules or orders of the commission:

(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 if a licensee's actions constitute an immediate danger to the public health, safety, or welfare.

(3)Suspension of a license held by the lice

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(a) The commission may adopt rules under IC 4-22-2 to delegate to the stewards and judges of racing meetings under
the jurisdiction of the commission the power 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 this article or
the rules or orders of the commission:
(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 if 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 not more than
three (3) years. 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 at a racing meeting
must concur in a suspension or civil penalty.
(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 three hundred sixty-five (365) days after the date of the
violation.
(c) A suspension or civil penalty 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.

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