Ill. Admin. Code tit. 11, § 1424.50 - Allocation of Stalls
a) No
race track operator shall allocate stalls except pursuant to a written stall
application and agreement, the form of which shall have been approved by the
Board. The racing secretary shall be responsible for stall allocation unless
some other official is substituted by the race track operator to perform such
function and the Board notified thereof.
b) The racing secretary shall give each
applicant written notice specifying whether his application, with respect to
each stall requested, has been accepted, denied or placed in a pending status.
Such notice shall be given not later than five days prior to the start of the
meeting or ten days after receipt of the stall application, whichever shall be
last to occur.
c) Within ten days
after initial notification is required by this rule, final action shall be
taken and written notice thereof given with respect to any stall application
originally placed, in whole or in part, in a pending status.
d) The racing secretary's view of the best
interests of racing and of the meeting in question shall govern his actions on
stall applications, and he shall be allowed broad discretion in performing this
function. Nevertheless:
1) No action on a
stall application shall be based upon -
A) the
race, color, creed, religion, national origin or sex of the applicant,
or
B) an arbitrary or capricious
decision, or a decision not related to any reasonable view of the best
interests of racing or of the meeting in question.
2) No stall allocation shall be conditioned
upon the payment, transfer or delivery to the racing secretary, or to any other
person designated by him, of any money, property or other thing of value or
upon the applicant's promise to make such payment, transfer or
delivery.
e) Any owner,
trainer or other person believing himself to be aggrieved by a violation of
this rule may file a written complaint with the Board which shall conduct a
hearing with respect to the alleged violation. If the Board determines that
such a violation has occurred, it may impose a fine upon the race track
operator not to exceed $500 for each violation, may order that stalls be
allocated to the complainant and may take such other action as it deems
appropriate. In order to facilitate the conduct of inquiries into alleged
violations of this rule, the racing secretary shall cause all stall
applications, stall agreements, correspondence and other related material to be
retained until the close of the meeting or for such longer period as the Board
may direct.
f) In passing upon
stall applications that are of substantially equal merit, the racing secretary
shall give preference to applications submitted with respect to horses owned by
Illinois residents.
g) Acceptance
of an application for stall space for any horse shall be conditioned upon proof
of a negative AGID (Coggins) test for equine infectious anemia.
Notes
Amended October 25, 1974, filed November 7, 1974
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