2006 Kentucky Revised Statutes - .320   Denial, revocation, or suspension of license -- Stay of imposition of stewards\' decision -- Review.

230.320 Denial, revocation, or suspension of license -- Stay of imposition of stewards' decision -- Review. (1) Every license granted under this chapter is subject to denial, revocation, or suspension by the authority in any case where it has reason to believe that any provision of this chapter, administrative regulation, or condition of the authority affecting it has not been complied with or has been broken or violated. The authority, in the interest of honesty and integrity of horse racing, may promulgate administrative regulations under which any license may be denied, suspended, or revoked. (2) Following an informal hearing by the stewards, any licensee alleged to have committed a violation under subsection (1) of this section may request a stay of imposition of the stewards' decision. Pending appeal, a hearing on the request for stay shall be held within forty-eight (48) hours of the receipt of the request for a stay by the authority. If the authority is not able to hold a hearing within forty-eight (48) hours, the stay shall be automatically granted. It shall be the policy of the authority to grant stays, unless: (a)  A licensee is alleged to have committed a flagrant violation of the duly- promulgated administrative regulations of racing which presents a clear and present danger to the immediate integrity of racing; and (b)  It is impossible for the authority to secure necessary scientific evidence or indispensable witnesses within forty-eight (48) hours, then the authority or its designated hearing officer may refuse a request for the stay of any penalty imposed, as long as a hearing is held no later than thirty (30) days from the initial stewards' determination of a violation. (3) If any license is denied, suspended, or revoked after an informal hearing by the stewards or by the authority acting on a complaint or by its own volition, the authority shall grant the applicant or licensee the right to appeal the decision, and upon appeal, an administrative hearing shall be conducted in accordance with KRS Chapter 13B. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 191, sec. 13, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 318, sec. 149, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 109, sec. 22, effective March 30, 1992. -- Amended 1988 Ky. Acts ch. 376, sec. 7, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 100, sec. 4, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 403, sec. 6. -- Created 1960 Ky. Acts ch. 184, sec. 12, effective June 16, 1960.