2005 Montana Code Annotated - 23-4-202 — Penalty for violations of law - authority of board - judicial review.

     23-4-202. (Temporary) Penalty for violations of law -- authority of board -- judicial review. (1) A person holding a race meet or an owner, trainer, or jockey participating in a race meet, without first being licensed under this chapter, or a person violating this chapter is guilty of a misdemeanor.
     (2) The board or, upon the board's authorization, the board of stewards of a race meet at which they officiate may exclude from racecourses in this state a person whom the board considers detrimental to the best interest of racing as defined by rules of the board.
     (3) As its own formal act or through an act of a board of stewards of a race meet, the board may suspend or revoke any license issued by the department to a licensee and assess a fine, not to exceed $1,000, against a licensee who violates any of the provisions of this chapter or any rule or order of the board. In addition to the suspension or revocation and fine, the board may forbid application for relicensure for a 2-year period. Fines collected under this subsection must be deposited in the general fund.
     (4) The board shall promulgate rules implementing this chapter, including the right to a hearing for individuals against whom action is taken or proposed under this chapter. The rules may include provisions for the following:
     (a) summary imposition of penalty by the stewards of a race meet, including a fine and license suspension, subject to review under the contested case provisions of the Montana Administrative Procedure Act;
     (b) stay of a summary imposition of penalty by either the board or board of stewards;
     (c) retention of purses pending final disposition of complaints, protests, or appeals of stewards' rulings;
     (d) setting aside of up to 3% of exotic wagering on races, including simulcast races, to be deposited in the board's agency fund account. The board shall then distribute all funds collected under this subsection to live race purses or for other purposes that the board considers appropriate for the good of the existing horseracing industry.
     (e) using 2% of exotic wagering on live racing to be immediately and equally distributed to all purses except stakes races;
     (f) assessment of penalty and interest on the late payment of fines, which must be paid before licenses are reinstated;
     (g) definition of exotic forms of wagering on races to be allowed;
     (h) standards for simulcast facilities; and
     (i) conduct and supervision of simulcast races and parimutuel betting or wagering on simulcast races.
     (5) The district court of the first judicial district of the state has exclusive jurisdiction for judicial review of cases arising under this chapter.
     23-4-202. (Effective July 1, 2007). Penalty for violations of law -- authority of board -- judicial review. (1) A person holding a race meet or an owner, trainer, or jockey participating in a race meet without first being licensed under this chapter or a person violating this chapter is guilty of a misdemeanor.
     (2) The board or, upon the board's authorization, the board of stewards of a race meet at which the stewards officiate may exclude from racecourses a person whom the board or board of stewards considers detrimental to the best interest of racing as defined by rules of the board.
     (3) As its own formal act or through an act of a board of stewards of a race meet, the board may suspend or revoke any license issued by the department to a licensee and assess a fine, not to exceed $1,000, against a licensee who violates any of the provisions of this chapter or any rule or order of the board. In addition to the suspension or revocation and fine, the board may prohibit application for relicensure for a 2-year period. Fines collected under this subsection must be deposited in the general fund.
     (4) The board shall promulgate rules implementing this chapter, including the right to a hearing for individuals against whom action is taken or proposed under this chapter. The rules may include provisions for the following:
     (a) summary imposition of penalty by the stewards of a race meet, including a fine and license suspension, subject to review under the contested case provisions of the Montana Administrative Procedure Act;
     (b) stay of a summary imposition of penalty by either the board or board of stewards;
     (c) retention of purses pending final disposition of complaints, protests, or appeals of stewards' rulings;
     (d) setting aside of up to 3% of exotic wagering on races, including simulcast races, to be deposited in a state special revenue account and statutorily appropriated to the board as provided in 17-7-502. The board shall then distribute all funds collected under this subsection to live race purses or for other purposes that the board considers appropriate for the good of the existing horseracing industry.
     (e) using 2% of exotic wagering on live racing to be immediately and equally distributed to all purses except stakes races;
     (f) assessment of penalty and interest on the late payment of fines, which must be paid before licenses are reinstated;
     (g) definition of exotic forms of wagering on races to be allowed;
     (h) standards for simulcast facilities; and
     (i) conduct and supervision of simulcast races and parimutuel betting or wagering on simulcast races.
     (5) The district court of the first judicial district of the state has exclusive jurisdiction for judicial review of cases arising under this chapter.

     History: En. Sec. 8, Ch. 196, L. 1965; amd. Sec. 1, Ch. 183, L. 1974; amd. Sec. 19, Ch. 350, L. 1974; amd. Sec. 1, Ch. 306, L. 1977; R.C.M. 1947, 62-508(part); amd. Sec. 9, Ch. 563, L. 1983; amd. Sec. 5, Ch. 557, L. 1989; amd. Sec. 44, Ch. 509, L. 1995; amd. Sec. 5, Ch. 18, L. 1997; amd. Sec. 3, Ch. 314, L. 2005.