S.D. Admin. R. 20:04:01:15

Current through Register Vol. 51, page 57, November 12, 2024

Section 20:04:01:15 - Procedure on appeal to commission

If a person disciplined under SDCL chapter 42-7 or this article desires a hearing before the commission, other than a hearing on a disqualification in the official order of finish of a race pursuant to § 20:04:28:22, the appeal may be taken as follows:

(1) A hearing must be requested in writing and directed to the commission within 7 days after the date the penalty or discipline was imposed;

(2) The request must be signed by the person making it and must set forth the reason for the hearing request;

(3) The request must be accompanied by bond in the amount of $500;

(4) The commission shall conduct a hearing after receiving written notice of an appeal at its next regularly or specially scheduled meeting provided that the appellant can be given at least 10 days written notice of the hearing. If the 10 days notice is not given, the appeal hearing shall be scheduled at the next meeting of the commission after the notice is given;

(5) The appellant may be heard in person or represented by counsel or the appellant may submit the case in writing;

(6) An appeal from the order of the stewards or racing judges which imposes a fine or suspension pursuant to SDCL 42-7-96 may be made to the commission only and not the circuit court. It shall operate as a stay of all proceedings until the commission makes its decision;

(7) The decision of the commission is a final agency action. The decision shall be in writing, signed by the chair, attested by the executive secretary, and dated; and

(8) A certified copy shall be personally served or sent by certified or registered mail to the appellant.

S.D. Admin. R. 20:04:01:15

4 SDR 7, effective 8/14/1977; 5 SDR 87, effective 4/15/1979; 6 SDR 77, effective 2/3/1980; 11 SDR 177, effective 7/2/1985; 12 SDR 108, effective 1/8/1986; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 15 SDR 150, effective 4/15/1989; repealed, 18 SDR 9, effective 7/23/1991; readopted, 19 SDR 21, effective 8/20/1992; 38 SDR 101, effective 12/5/2011.

General Authority: SDCL 42-7-56, 42-7-94, 42-7-96.

Law Implemented: SDCL 42-7-56, 42-7-94, 42-7-96.

Suspensions and fines, SDCL 42-7-96. Informal consultation, § 20:04:01:21. Stewards to determine extent of disqualification, § 20:04:28:22.