Kan. Admin. Regs. § 112-16-14

Current through Register Vol. 43, No. 32, August 8, 2024

Section 112-16-14 - Appeal, stewards' and racing judges' hearing

(a) Any order entered by the stewards or racing judges that imposes a fine or suspension shall be subject to appeal to the commission. Such an order shall be deemed to be an initial order under the Kansas administrative procedure act and any such appeal shall be treated as a petition for administrative review under the Kansas administrative procedure act.

(b) A party who wishes to appeal a stewards' or racing judges' order shall file a notice of appeal and brief form in the stewards' or racing judges' office during regular office hours within 72 hours after personal service of the order from which the party is appealing. If an order is served by mail, the party shall have an additional 72 hours in which to file a notice of appeal and brief form. For purposes of computing the timeliness of any service or filing made by mail, the service or filing shall be deemed complete as of 12:01 a.m. on the date mailed.

(c) Each notice of appeal and brief form shall be fully executed by the appealing party upon the form available in the stewards' or racing judges' office. Each notice of appeal and brief form shall fully state the basis for appeal and identify the issues upon which the party seeks administrative review. Incomplete forms shall not be accepted by commission personnel.

(d) A notice of appeal and brief form shall constitute the appealing party's written brief under K.S.A. 1997 Supp. 77-527(e). An opposing party shall be afforded an opportunity to file a brief in response to the appealing party's brief within 72 hours following the filing of the appealing party's brief.

(e) Each notice of appeal form shall include a statement that, in reviewing any stewards' or racing judges' order:

(1) board decision-making powers may be exercised by the commission, one or more commissioners designated by the commission or a presiding officer designated by the commission; and

(2) in doing so, the order may be affirmed, reversed, remanded for further hearing, modified or any penalty may be increased by the commission, one or more commissioners designated by the commission or a presiding officer designated by the commission. A new hearing may also be conducted by the commission, or one or more commissioners designated by the commission or a presiding officer designated by the commission, and an occupation license may be suspended or revoked or a fine of $5000 may be imposed for each violation of the racing act or regulations, or both.

(f) Any order entered by the commission, one or more commissioners designated by the commission or a presiding officer designated by the commission, on an appeal from an order entered by the stewards or racing judges, shall constitute a final order pursuant to K.S.A. 1995 Supp. 77-527(f) for purposes of reconsideration under K.S.A. 77-529 or judicial review pursuant to the Kansas act for judicial review and civil enforcement of agency action, K.S.A. 77-601, et seq.

(g) A respondent may be deemed to have timely filed a notice of appeal pursuant to subsection (b) if, after service of the stewards' or racing judges' order, the respondent:

(1) within the appeal time described in subsection (b) of this racing regulation, files a writing that states an intention to appeal the order and that includes substantially the same information requested in the appeal form available in the stewards' or racing judges' office; and

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(2) within a period of time authorized by the chief steward or racing judge, fully executes and files in the stewards' or racing judges' office the appeal form available in that office.

Kan. Admin. Regs. § 112-16-14

Authorized by K.S.A. 1995 Supp. 74-8804, as amended by L. 1996, Ch. 262, Sec. 2; implementing K.S.A. 1995 Supp. 74-8804, as amended by L. 1996, Ch. 262, Sec. 2, and 74-8816, as amended by L. 1996, Ch. 262, Sec. 6; effective, T-112-7-1-91, July 1, 1991; effective Oct. 21, 1991; amended Dec. 22, 1995; amended March 21, 1997.