2014 Kentucky Revised Statutes CHAPTER 230 - HORSE RACING AND SHOWING 230.320 Denial, revocation, or suspension of license -- Stay of imposition of stewards' decision -- Review -- Frivolous appeals.
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230.320 Denial, revocation, or suspension of license -- Stay of imposition of
stewards' decision -- Review -- Frivolous appeals.
(1)
(2)
Every license granted under this chapter is subject to denial, revocation, or
suspension, and every licensee or other person participating in Kentucky horse
racing may be assessed an administrative fine and required to forfeit or return
a purse, by the racing commission in any case where it has reason to believe
that any provision of this chapter, administrative regulation, or condition of the
racing commission affecting it has not been complied with or has been broken
or violated. The racing commission may deny, revoke, or suspend a license for
failure by the licensee or other person participating in Kentucky horse racing to
pay an administrative fine imposed upon the licensee by the stewards or the
racing commission. The racing commission, in the interest of honesty and
integrity of horse racing, may promulgate administrative regulations under
which any license may be denied, suspended, or revoked, and under which
any licensee or other person participating in Kentucky horse racing may be
assessed an administrative fine or required to forfeit or return a purse.
(a) Following a hearing by the stewards, a person who has been disciplined
by a ruling of the stewards may apply to the racing commission for a stay
of the ruling, pending action on an appeal by the racing commission.
(b) An application for a stay shall be received by the executive director or his
designee within ten (10) calendar days of the issuance of the stewards'
ruling.
(c) An application for a stay shall be in writing and include the following:
1.
The name, address, telephone number, and signature of the person
requesting the stay;
2.
A statement of the justification for the stay; and
3.
The period of time for which the stay is requested.
(d) On a finding of good cause, the executive director or his designee may
grant the stay. The executive director or his designee shall issue a written
decision granting or denying the request for stay within five (5) calendar
days from the time the application for stay is received by the executive
director or his designee. If the executive director or his designee fails to
timely issue a written decision, then the stay is deemed granted. The
executive director or his designee may rescind a stay granted under this
subsection for good cause.
(e) A person who is denied a stay by the executive director or his designee,
or has a previously granted stay rescinded under paragraph (d) of this
subsection, may petition the racing commission to overrule the executive
director's or designee's denial or rescission of the stay. The petition shall
be filed in writing with the chairperson of the racing commission and
received by the chairperson within ten (10) calendar days of the mailing of
the executive director's or designee's denial of the stay. The petition shall
state the name, address, phone number, and signature of the petitioner; a
statement of justification of the stay; and the time period for which the
stay is requested. The chairperson shall convene a special meeting of the
racing commission within ten (10) calendar days of receipt of the petition,
(3)
(4)
(5)
(6)
and the racing commission shall issue a written final order granting or
denying the petition within two (2) calendar days of the special meeting. If
the racing commission fails to timely issue a final order on the petition,
then the stay is granted. The racing commission may rescind a stay
granted under this subsection for good cause.
(f) A person who is denied or has a previously granted stay rescinded by the
racing commission may file an appeal of the final written order of the
racing commission in the Circuit Court of the county in which the cause of
action arose.
(g) The fact that a stay is granted is not a presumption that the ruling by the
stewards is invalid.
If any license is denied, suspended, or revoked, or if any licensee or other
person participating in Kentucky horse racing is assessed an administrative
fine or required to forfeit or return a purse, after a hearing by the stewards or by
the racing commission acting on a complaint or by its own volition, the racing
commission shall grant the applicant, licensee, or other person the right to
appeal the decision, and upon appeal, an administrative hearing shall be
conducted in accordance with KRS Chapter 13B.
The racing commission may at any time order that any case pending before
the stewards be immediately transferred to the racing commission for an
administrative hearing conducted in accordance with KRS Chapter 13B.
(a) In an administrative appeal to the racing commission by a licensee or
other person participating in Kentucky horse racing, the racing
commission may determine in its final order that the appeal is frivolous. If
the racing commission finds that an appeal is frivolous:
1.
This fact shall be considered an aggravating circumstance and may
be considered in assessing any penalty against the licensee; and
2.
The licensee or other person who raised the appeal may be
required to reimburse the racing commission for the cost of the
investigation of the underlying circumstances of the case and the
cost of the adjudication of the appeal. Costs may include but are not
limited to fees paid to a hearing officer or court reporter, attorneys
fees, and laboratory expenses.
(b) The racing commission shall by administrative regulation prescribe the
conditions or factors by which an appeal may be determined to be
frivolous.
Any administrative action authorized in this chapter shall be in addition to any
criminal penalties provided in this chapter or under other provisions of law.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 457, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 80, sec. 8, effective June 25, 2009. -- 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.
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