Current through Register Vol. 54, No. 50, December 14, 2024
Section 205.33 - Disciplinary action(a) The Judges shall take notice of alleged misconduct or rule violations and may initiate investigations into the matters through the Commission's investigative staff or matters may be referred to them for hearing. The Judges shall have the express authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules.(b) The Judges may impose, but are not limited to, any of the following penalties on a licensee for an attempted violation or violation of these rules: (2) Impose a fine not to exceed the statutory amount set for in the act;(3) Require forfeiture or redistribution of purse or award;(4) Place a licensee on probation or a conditional license;(5) Suspend a license or racing privileges;(7) Order that a person be ineligible for licensing; or(8) Impose any other penalty as deemed necessary and appropriate for the level of violation.(c) The Judges may suspend a person or disqualify a horse for fixed periods of time or under other conditions they may deem appropriate or as may be specified by this chapter. If a person is indefinitely suspended or is ordered suspended for more than the balance of a meeting, the matters shall promptly be referred to the Commission for final disposition.(d) The Judges, on an emergency basis, shall have the power to exclude or eject from the racetrack premises and enclosures of the licensed racing entity any person who: (1) Is under an order of suspension or revocation or has been denied a license or ruled off by a racing commission or Board of Judges.(2) Is known to be an objectionable or undesirable person or whose presence on the racetrack enclosure is deemed to be inconsistent with the best interests of racing.(3) Whose conduct is deemed an improper or detrimental to racing.(e) The Judges' ruling shall not prevent the Commission from imposing a more severe penalty.(f) The Judges may refer any matter to the Commission and may include recommendations for disposition. The absence of a Judges' referral shall not preclude the Commission from taking action in any matter on its own.(g) All fines imposed by the Judges shall be paid to the Commission within 10 days after the ruling is issued, unless otherwise directed by the Judges.(h) In addition to any penalties imposed upon any owner, trainer, veterinarian or other licensee as a result of a medication or drug positive, after notice and an appropriate hearing, the horse which tested positive for the prohibited substance, shall be placed on the Judge's list and shall be ineligible to participate in racing for the following period of time:(1) Class 1 or Class 2 drugs (as set forth in the Association of Racing Commissioners International Uniform Classification guidelines) shall be ineligible to race for a period of 90 days from the date of the Judges' ruling, unless the matter has been appealed to the Commission.(2) Class 3 drugs or high blood gas (TCO2) readings shall be ineligible for a period of 30 days from the date of the Judges' ruling unless the matter has been appealed to the Commission.