2021 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
(3)
(4)
(5)
(6)
days of receipt of the petition, 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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