Conn. Agencies Regs. § 12-574-B42 - Fines, suspensions, expulsions and appeals
(a)
Suspension pending payment of fine. All persons who shall have
been fined under these rules shall be suspended until said fine shall have been
paid in full, or other arrangements have been made with the
commission .
(b)
Notice of
penalty. Written or printed notice of all fines and other penalties
imposed by the judges or starter shall be delivered to the person penalized,
notice shall be posted immediately at the office of the association, and notice
shall be forwarded immediately to the commission and the United States trotting
association by the presiding judge or clerk of the course.
(c)
Disposition of fine. All
fines which are collected shall be reported and paid to the state of
Connecticut by the close of the next banking day.
(d)
Suspension for less than ten days,
completing engagement. Where the penalty is for a driving violation and
does not exceed in time a period of ten racing days, the driver may complete
the engagement of all horses declared in before the penalty becomes effective.
Such driver may drive in stakes, futurities, early closing, and feature races ,
during a suspension of ten days or less, but the suspension will be extended
one day for each date he drives in such a race. All suspensions shall apply to
racing days.
(e)
Meaning of
suspension or revocation. Whenever the penalty of suspension or
revocation is imposed, it shall mean unconditional exclusion and
disqualification from time of receipt of written notice from any participation,
either directly or indirectly, in the privileges and uses of the course and
grounds of an association during the progress of a race meeting unless
otherwise specifically limited when such penalty is imposed. A suspension,
revocation or denial of a license or expulsion of either a husband or wife may
apply in each instance to both the husband and wife. The penalty becomes
effective when notice is given unless otherwise specified.
(f)
Competition by horse owned or
controlled by a person under penalty. No horse shall have the right to
compete while owned or controlled wholly or in part by a suspended , expelled,
disqualified or excluded person. An entry made by or for a person or of a horse
suspended, expelled or disqualified, shall be held liable for the entrance fee
thus contracted without the right to compete unless the penalty is removed. No
suspended, disqualified or excluded person shall drive, nor shall a suspended
or disqualified horse perform in a race.
(g)
Association permitting suspended
person or disqualified horse to compete. No association shall permit a
suspended , disqualified or excluded person to drive in a race , or a suspended,
or disqualified horse to start in a race or a performance against
time.
(h)
Fraudulent transfer
of horse. The fraudulent transfer of a horse by any person or persons
under suspension in order to circumvent said suspension, shall constitute a
violation.
(i)
Notice of
exclusion. Whenever a person is excluded from a track by an association,
the commission shall be notified. The commission , in turn, shall notify all
other associations in the state and shall notify the United States trotting
association.
(j)
Employment
or retention of excluded person. No expelled, suspended , disqualified or
excluded person shall act as an officer of an association. An association shall
not, after receiving notice of such penalty, employ or retain in its employ an
expelled, suspended , disqualified or excluded person at or on the track during
the progress of a race meeting.
(k)
Stay of enforcement. In certain circumstances, described below,
the commission may grant a stay to any person licensed by it, pending appeal,
who is affected by any decision of, or penalty, imposed by an official or
officials at a race meeting.
(1) The appeal
will be filed on form called a "notice of appeal and request for a stay"
provided by the commission or upon presentation of a similar request in
writing. The stay, if granted, will be at such a time or for such a duration
designated by the commission . The commission may require the posting of
security, which may be withheld in whole or in part if the appeal was frivolous
or without foundation.
(2) The
appeal must be filed within ten (10) days after the decision or penalty from
which the appeal is taken. It shall be filed at the office of the presiding
judge. The presiding judge shall present a copy of the "notice of appeal and
request for a stay" to the commission on the day received. The commission shall
convene a committee of three (3) commissioners to act on the request for a stay
as soon as practical after receipt of the request. In no event shall the
commission act later than seven (7) days from the receipt of the
stay.
(3) The reasons stated in the
appeal must be specific.
(l)
Penalties by other
jurisdictions.
(1) All penalties
imposed by the United States trotting association or the racing commissions of
the various states shall be recognized and enforced by the
commission .
(2) When the commission
receives notice of a penalty imposed by another racing commission or by the
United States trotting association and an appeal has been taken from the
imposition of such penalty and a stay has been granted, no recognition or
enforcement shall be effective until a final decision has been
rendered.
(m)
Dishonored checks. Any person who pays an entry , a fine or other
claim to the commission or any entry , claim or fine to an association or racing
official by a draft, check, order or other paper which upon presentation is
pretested, payment refused or otherwise dishonored, may by order of the
commission, be subject to a fine not exceeding the amount of said draft, check
or order, and the winnings of the horse or horses declared illegal and said
persons and horses suspended until the dishonored amount and fine are paid and
the illegal winnings returned.
(n)
Appeal to commission from rulings of officials.
(1) All decisions and rulings of the judges
or other race officials of any race may be appealed to the commission within
ten (10) days after notice of such decision or ruling. The appeal may be taken
upon any question in the conduct of a race, interpretation of the rules,
decisions relative to the outcome of a race, application of penalties or other
action affecting owners, drivers or horses, but it must be based on a specific
charge which, if true, would warrant modification or reversal of the
decision.
(2) In order to take an
appeal under rule (n) of this section, a driver must first make complaint,
claim or objection as required in rule (b) of section
12-574-B40
of these rules.
(3) All appeals
shall be in writing and sworn to before a notary public or the
commission .
(o)
Modification of penalty. The commission may vacate, modify or
increase any penalty imposed by the judges. In the event an appellant fails to
appear at the hearing on his appeal without good cause, he may be
penalized.
Notes
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