Section 71 IAC 5-1-14 - Grounds for sanctionsAuthority: IC 4-31-6-2; IC 4-31-13-1
Affected: IC 4-31-3-13; IC 4-31-6-6
Sec. 14.
(a) The commission, the judges, or the executive director as the commission's designee, may refuse or deny a license application, revoke or suspend a license, or otherwise penalize a licensee, or other person, if: (1) the refusal, denial, revocation, suspension, or other penalty is in the public interest for the purpose of maintaining proper control over horse racing meetings or pari-mutuel wagering; and(2) any of the conditions listed in subsection (b) apply to the applicant or licensee or person. (b) The conditions referred to in subsection (a) include, but are not limited to, the following:(1) The person has been convicted of a felony or misdemeanor that could compromise the integrity of racing by the applicant's or licensee's participation in racing.(2) The person has had a license of the legally constituted racing or gaming authority of a state, province, or country denied, suspended, or revoked for cause within the preceding five (5) years.(3) The person is presently under suspension for cause of a license by the legally constituted racing authority of a state, province, or country.(4) The person has violated or attempted to violate a provision of this article, this title, or a law or rule with respect to horse racing in a jurisdiction.(5) The person has perpetrated or attempted to perpetrate a fraud or misrepresentation in connection with the racing or breeding of horses or pari-mutuel wagering.(6) The person has demonstrated financial irresponsibility by accumulating unpaid obligations, defaulting on obligations, or issuing drafts or checks that are dishonored or not paid.(7) The applicant or licensee has made a material misrepresentation in an application for a license.(8) The person has been convicted of a crime involving bookmaking, touting, or similar pursuits or has consorted with a person convicted of such an offense.(9) The person has abandoned, mistreated, abused, neglected, or engaged in an act of cruelty to a horse.(10) The person has engaged in conduct that is against the best interest of horse racing or compromises the integrity of operations at a track or satellite facility.(11) The person has failed to comply with a written order or ruling of the commission or judges pertaining to a racing matter.(12) The person has failed to answer correctly under oath, to the best of the person's knowledge, all questions asked by the commission or its representatives pertaining to a racing matter.(13) The person has failed to comply with a summons issued by the executive director or director of security pursuant to IC 4-31-3-13(c).(14) The person has failed to return to a permit holder any purse money, trophies, or awards paid in error or ordered redistributed by the commission.(15) The person has had possession of an alcoholic beverage on a permit holder's premises, other than a beverage legally sold through the permit holder's concession operation.(16) The person has interfered with or obstructed a member of the commission, a commission employee, or a racing official while performing official duties.(17) The name of the applicant or licensee appears on the department of state revenue's most recent tax warrant list, and the person's delinquent tax liability has not been satisfied.(18) The person has pending criminal charges.(19) The person has racing or gaming disciplinary charges pending in this state or other jurisdictions.(20) The applicant or licensee is unqualified to perform the duties required.(21) The person has made a material misrepresentation in the process of registering, nominating, entering, or racing a horse as an Indiana owned, Indiana bred, or Indiana sired.(22) The applicant or licensee is an illegal alien.(c) A license suspension or revocation shall be reported in writing to the applicant, the USTA, and the ARCI, whereby other racing jurisdictions shall be advised. Indiana Horse Racing Commission; 71 IAC 5-1-14; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1141; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2847, eff Jul 1, 1995; emergency rule filed Mar 25, 1996, 10:15 a.m.: 19 IR 2074; emergency rule filed Feb 12, 1998, 4:15 p.m.: 21 IR 2396; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Oct 3, 2013, 2:08 p.m.: 20131009-IR-071130452ERAReadopted filed 8/28/2019, 1:23 p.m.: 20190925-IR-071190319RFAEmergency rule filed 12/5/2019, 1:56 p.m.: 20191211-IR-071190646ERAReadopted filed 7/6/2023, 1:50 p.m.: 20230802-IR-071230371RFAReadopted filed 8/3/2023, 12:49 p.m.: 20230830-IR-071230428RFA