RELATES TO: KRS 230.215, 230.260, 230.265, 230.290, 230.300,
230.310, 230.320, 230.361
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and
230.260(8) authorize the Kentucky Horse Racing and Gaming Corporation to
promulgate administrative regulations under which racing shall be conducted in
Kentucky. KRS 230.240(2) requires the corporation to promulgate administrative
regulations restricting or prohibiting the use and administration of drugs or
stimulants or other improper acts to horses prior to the horse participating in
a race. This administrative regulation establishes the penalty structure for
rule violations and also establishes disciplinary powers and duties of the
stewards, judges, and the corporation.
Section
1. Definitions.
(1) "Associated
person" means the spouse of an inactive person, or a companion, family member,
employer, employee, agent, partnership, partner, corporation, or other entity
whose relationship, whether financial or otherwise, with an inactive person
would give the appearance that the other person or entity would care for or
train a horse or perform veterinarian services on a horse for the benefit,
credit, reputation, or satisfaction of the inactive person.
(2) "Class A drug" means a drug, medication,
or substance classified as a Class A drug, medication, or substance in the
schedule.
(3) "Class B drug" means
a drug, medication, or substance classified as a Class B drug, medication, or
substance in the schedule.
(4)
"Class C drug" means a drug, medication, or substance classified as a Class C
drug, medication, or substance in the schedule.
(5) "Class D drug" means a drug, medication,
or substance classified as a Class D drug, medication, or substance in the
schedule.
(6) "Companion" means a
person who cohabits with or shares living accommodations with an inactive
person.
(7) "Inactive person" means
a trainer or veterinarian who has his or her license denied or suspended or
revoked for thirty (30) or more days pursuant to KAR Title 810 or KRS Chapter
230.
(8) "NSAID" means a
nonsteroidal anti-inflammatory drug.
(9) "Schedule" means the Kentucky Horse
Racing and Gaming Corporation Uniform Drug, Medication, and Substance
Classification Schedule as provided in
810 KAR 8:020.
(10) "Withdrawal guidelines" means the
Kentucky Horse Racing and Gaming Corporation Withdrawal Guidelines established
in 810 KAR
8:025.
Section
2. General Provisions.
(1) An
alleged violation of the provisions of KRS Chapter 230 or KAR Title 810 shall
be adjudicated in accordance with this administrative regulation,
810 KAR 9:010, and KRS Chapters 230 and 13B.
(2) If a drug, medication, or substance that
is not classified in the schedule is found to be present in a pre-race or
post-race sample or possessed or used by a licensee at a location under the
jurisdiction of the corporation, the corporation may establish a classification
after consultation with either or both of the Association of Racing
Commissioners International and the Racing and Medication Testing Consortium or
their respective successors.
(3)
The stewards, judges, and the corporation shall consider any mitigating or
aggravating circumstances properly presented when assessing penalties pursuant
to this administrative regulation. Evidence of full compliance with the
withdrawal guidelines shall be considered by the stewards, judges, and the
corporation as a mitigating factor to be used in determining violations and
penalties.
(4) A licensee whose
license has been suspended or revoked in any racing jurisdiction or a horse
that has been deemed ineligible to race in any racing jurisdiction shall be
denied access to locations under the jurisdiction of the corporation during the
term of the suspension or revocation.
(5) A suspension or revocation shall be
calculated in calendar days, unless otherwise specified by the stewards,
judges, or the corporation in a ruling or order.
(6) Notice of the assessment of a penalty,
including a written warning, shall be made to the person penalized. The notice
and terms of the penalty shall be posted immediately on the official Web site
of the corporation and sent to the United States Trotting Association, the
Association of Racing Commissioners International, or their successors, as
applicable, to be posted on their respective official Web sites. If an appeal
is pending, that fact shall be so noted.
(7) A horse administered a substance in
violation of
810 KAR 8:010 may be required to pass a corporation-approved
examination as determined by the stewards or judges pursuant to
810 KAR 4:010,
Section 10 or
810 KAR 5:010, Section 4, or be placed on the veterinarian's list
pursuant to
810 KAR 8:010, Section 19.
(8) To protect the racing public and ensure
the integrity of racing in Kentucky, a trainer whose penalty for a Class A
violation or for a Class B third offense violation has not been finally
adjudicated may, if stall space is available, be required to house a horse that
the trainer has entered in a race in a designated stall for the twenty-four
(24) hour period prior to post time of the race in which the horse is entered.
If the stewards or judges require the trainer's horse to be kept in a
designated stall, there shall be twenty-four (24) hour surveillance of the
horse by the association, and the cost shall be borne by the trainer.
(9) In addition to the penalties contained in
Section 4 of this administrative regulation for the trainer and owner, any
other person who administers, is a party to, facilitates, or is found to be
responsible for any violation of
810 KAR 8:010 shall be subject to the relevant
penalty as provided for the trainer or other penalty as may be appropriate
based upon the violation.
(10) A
veterinarian who administers, is a party to, facilitates, or is found to be
responsible for any violation of KRS Chapter 230 or KAR Title 810 shall be
reported to the Kentucky Board of Veterinary Examiners and the state licensing
Board of Veterinary Medicine by the stewards or judges.
(11) In accordance with KRS 230.320(6), an
administrative action or the imposition of penalties pursuant to this
administrative regulation shall not constitute a bar or be considered jeopardy
to prosecution of an act that violates the criminal statutes of
Kentucky.
(12) If a person is
charged with committing multiple or successive overages involving a Class C or
Class D drug, medication, or substance, the stewards, judges, or the
corporation may charge the person with only one (1) offense if the person
demonstrates that he or she was not aware that overages were being administered
because the positive test results showing the overages were unavailable to the
person charged. In this case, the person alleging that he or she was not aware
of the overages shall bear the burden of proving that fact to the stewards,
judges, or the corporation.
(13) If
a penalty for a medication violation requires a horse to be placed on the
stewards' list or the judges' list for a period of time, the stewards or judges
may waive this requirement if ownership of the horse was legitimately
transferred prior to the trainer's notification by the corporation of the
positive result.
(14) In
standardbred racing only, if the penalty is for a driving violation and does
not exceed in time a period of five (5) days, the driver may complete the
engagement of all horses declared in before the penalty becomes effective. The
driver may drive in stake, futurity, early closing and feature races, during a
suspension of five (5) days or less, but the suspension shall be extended one
(1) day for each date the driver drives in a race.
(15) A horse shall not be permitted to race
while owned or controlled wholly or in part by a person whose license has been
suspended or revoked.
(16) An
association under the jurisdiction of the corporation shall not willfully
allow:
(a) A person whose license has been
suspended or revoked in any jurisdiction to participate in racing;
(b) A horse suspended in any jurisdiction to
start in a race or a performance against time; or
(c) The use of its track or grounds by a
licensee whose license has been suspended or revoked and has been denied access
to the grounds by the stewards or judges in any jurisdiction.
(17) If a person is ejected or
excluded from a location under the jurisdiction of the corporation, the
stewards, judges, and corporation director of security shall be notified in
writing.
(18) A licensee that has
been suspended shall serve any suspension imposed:
(a) During the current race meet, if there
are enough remaining days to serve out the suspension;
(b) During the next regularly scheduled race
meet at the operating race track where the infraction took place if there are
not enough remaining days to serve out the suspension; or
(c) At the discretion of the stewards or
judges, during a race meet at another operating track in any jurisdiction where
the licensee seeks to engage in the activity for which he or she is licensed if
the track where the infraction took place closes before another race meet is
held at that track.
(19)
A penalty imposed by the governing body of any racing jurisdiction or the USTA
States Trotting Association shall be recognized and reciprocally enforced by
the corporation unless application is made for a hearing before the stewards or
judges, during which the applicant shall show cause as to why the penalty
should not be enforced against him in Kentucky. The hearing shall be limited to
the following issues:
(a) Whether the
applicant is the same person who is subject to the penalty imposed;
(b) Whether the USTA or other racing
jurisdiction in fact suspended the applicant; and
(c) Determination of the time period of the
suspension as imposed by the USTA or other racing jurisdiction.
Section 3. Prior
Offenses. A prior offense occurring in Kentucky or any other racing
jurisdiction shall be considered by the stewards, judges, and the corporation
in assessing penalties. The stewards or judges shall attach to a penalty
judgment a copy of the offender's prior record listing violations that were
committed both inside and outside of Kentucky.
Section 4. Penalties for Class A, B, C, and D
Drug Violations and NSAID and Furosemide Violations.
(1) Class A drugs. The penalties established
in paragraphs (a) and (b) of this subsection shall apply to a Class A drug
violation.
(a) Trainer
|
First offense
|
Second lifetime offense in any racing
jurisdiction
|
Third lifetime offense in any racing
jurisdiction
|
|
One (1) to three (3) year suspension, absent
mitigating circumstances;
AND
$10,000 to $25,000 fine, absent mitigating
circumstances.
|
Three (3) to five (5) year suspension, absent
mitigating circumstances;
AND
$25,000 to $50,000 fine, absent mitigating
circumstances.
|
Five (5) year suspension to a lifetime ban, absent
mitigating circumstances;
AND
$50,000 to $100,000 fine, absent mitigating
circumstances.
|
(b)
Owner
|
First offense
|
Second lifetime offense in any racing jurisdiction in
a horse owned by the same owner
|
Third lifetime offense in any racing jurisdiction in
a horse owned by the same owner
|
|
Disqualification and loss of purse;
AND
Horse shall be placed on the stewards' list or
judges' list for sixty (60) days and may be required to pass a
corporation-approved examination before being eligible to enter as determined
by the stewards or judges.
|
Disqualification and loss of purse;
AND
Horse shall be placed on the stewards' list or
judges' list for 120 days and may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges.
|
Disqualification and loss of purse;
AND
Ninety (90) day suspension, absent mitigating
circumstances; AND $50,000 fine, absent mitigating circumstances;
AND
Horse shall be placed on the stewards' list or
judges' list for 180 days and may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges.
|
(2)
(a) The
penalties established in paragraphs (b) and (c) of this subsection shall apply
to the following:
1. Class B drugs;
2. Gamma amino butyric acid in a
concentration greater than 110 nanograms per milliliter; and
3. Cobalt in a concentration greater than
fifty (50) parts per billion.
(b) Trainer
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
|
Thirty (30) to sixty (60) day suspension, absent
mitigating circumstances;
AND
$500 to $1,000 fine, absent mitigating
circumstances.
|
Sixty (60) to 180 day suspension, absent mitigating
circumstances;
AND
$1,000 to $2,500 fine, absent mitigating
circumstances.
|
180 to 365 day suspension, absent mitigating
circumstances;
AND
$2,500 to $5,000 fine, absent mitigating
circumstances.
|
(c)
Owner
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction in a horse owned by the same owner
|
Third offense within a 365-day period in any racing
jurisdiction in a horse owned by the same owner
|
|
Disqualification and loss of purse; Horse may be
required to pass a corporation-approved examination before being eligible to
enter as determined by the stewards or judges;
AND
For a cobalt violation, the horse shall be placed on
the stewards' list or judges' list until the horse tests below twenty-five (25)
parts per billion. The owner shall be responsible for the cost of
testing.
|
Disqualification and loss of purse;
AND
Horse may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges.
|
Disqualification and loss of purse;
AND
Horse shall be placed on the stewards' list or
judges' list for forty-five (45) days and may be required to pass a
corporation-approved examination before being eligible to enter as determined
by the stewards or judges.
|
(3)
(a) The
penalties established in paragraphs (b) and (c) of this subsection shall apply
to a Class C drug violation and an overage of permitted NSAIDs as follows:
1. Phenylbutazone in a concentration greater
than three-tenths (0.3) micrograms per milliliter;
2. Flunixin in a concentration greater than
five (5) nanograms per milliliter; and
3. Ketoprofen in a concentration greater than
two (2) nanograms per milliliter.
(b) Trainer
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
|
Zero to ten (10) day suspension absent mitigating
circumstances;
AND
$500 to $1,500 fine absent mitigating
circumstances.
|
Ten (10) to thirty (30) day suspension absent
mitigating circumstances;
AND
$1,500 to $2,500 fine absent mitigating
circumstances.
|
Thirty (30) to sixty (60) day suspension absent
mitigating circumstances;
AND
$2,500 to $5,000 fine absent mitigating
circumstances.
|
(c)
Owner
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
|
Disqualification and loss of purse;
AND
Horse may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges.
|
Disqualification and loss of purse;
AND
If same horse as first offense, horse shall be placed
on the stewards' list or judges' list for forty-five (45) days and may be
required to pass a corporation-approved examination before being eligible to
enter as determined by the stewards or judges.
|
Disqualification and loss of purse;$5,000 fine,
absent mitigating circumstances;
AND
If same horse as first and second offenses, horse
shall be placed on the stewards' list or judges' list for sixty (60) days and
may be required to pass a corporation-approved examination before being
eligible to enter as determined by the stewards or judges.
|
(4)
(a) The
penalties established in paragraphs (b) and (c) of this subsection shall apply
to the following:
1. Overage of furosemide in
a concentration greater than one (1) nanogram per milliliter for horses that
are not permitted by
810 KAR 8:010 to receive furosemide within twenty-four
(24) hours of the post time of a race in which the horse is entered;
2. Overage of furosemide in a concentration
greater than 100 nanograms per milliliter for horses other than those
identified in subparagraph 1. of this paragraph;
3. Furosemide not identified when notice made
that the horse would run on furosemide; and
4. Cobalt in a concentration greater than
twenty-five (25) parts per billion through fifty (50) parts per
billion.
(b) Trainer
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
|
Written warning to a $500 fine, absent mitigating
circumstances.
|
Written warning to a $750 fine, absent mitigating
circumstances.
|
$500 to $1,000 fine, absent mitigating
circumstances.
|
(c)
Owner
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
|
Horse may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges;
AND
For a cobalt violation, the horse shall be placed on
the stewards' list or judges' list until the horse tests below twenty-five (25)
parts per billion. The owner shall be responsible for the cost of
testing.
|
Horse may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges.
|
If same horse as first and second offenses,
disqualification and loss of purse;
AND
Horse may be required to pass a corporation-approved
examination before being eligible to enter as determined by the stewards or
judges.
|
(d) If
a furosemide violation occurs due solely to the actions or inactions of the
corporation veterinarian, then the trainer and owner shall not be
penalized.
(5) Multiple
NSAIDs. The penalties established in paragraphs (a) and (b) of this subsection
shall apply to an overage of two (2) permitted NSAIDs: phenylbutazone,
flunixin, and ketoprofen.
(a) Trainer
|
Concentrations of both permitted NSAIDs above the
NSAID threshold.
|
|
First offense
|
Zero to sixty (60) day suspension, absent mitigating
circumstances; AND $500 to $1,000 fine, absent mitigating
circumstances.
|
|
Second offense within a 365-day period in any racing
jurisdiction
|
Sixty (60) to 180 day suspension, absent mitigating
circumstances; AND $1,000 to $2,500 fine, absent mitigating
circumstances.
|
|
Third offense within a 365-day period in any racing
jurisdiction
|
180 to 365 day suspension, absent mitigating
circumstances; AND $2,500 to $5,000 fine, absent mitigating
circumstances.
|
(b)
Owner
|
Concentrations of both permitted NSAIDs above the
NSAID threshold.
|
|
First offense
|
Disqualification and loss of purse.
|
|
Second offense within a 365-day period in any racing
jurisdiction
|
Disqualification and loss of purse.
|
|
Third offense within a 365-day period in any racing
jurisdiction
|
Disqualification and loss of purse.
|
(6) Class D drugs.
(a) The penalties established in paragraph
(b) of this subsection shall apply to a Class D drug violation.
(b) Trainer
|
One (1) to four (4) offenses within a 365-day period
in any racing jurisdiction
|
Five (5) or more offenses within a 365-day period in
any racing jurisdiction
|
|
Zero to five (5) day suspension, absent mitigating
circumstances; AND $250 to $500 fine, absent mitigating
circumstances.
|
Five (5) to ten (10) day suspension, absent
mitigating circumstances; AND $500 to $1,000 fine, absent mitigating
circumstances.
|
Section 5. TCO2 Penalties. The penalties
established in subsections (1) and (2) of this section shall apply to a
violation of
810 KAR 8:010, Section 21(6), (7), or (8).
(1) Trainer
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
Subsequent offenses within a 365-day period in any
racing jurisdiction
|
|
Zero to ninety (90) day suspension, absent mitigating
circumstances;
AND
$1,000 to $1,500 fine, absent mitigating
circumstances.
|
Ninety (90) to 180 day suspension, absent mitigating
circumstances;
AND
$1,500 to $3,000 fine, absent mitigating
circumstances.
|
180 to 365 day suspension, absent mitigating
circumstances;
AND
$3,000 to $5,000 fine, absent mitigating
circumstances.
|
One (1) year suspension to lifetime ban, absent
mitigating circumstances.
|
(2)
Owner
|
First offense
|
Second offense within a 365-day period in any racing
jurisdiction
|
Third offense within a 365-day period in any racing
jurisdiction
|
Subsequent offenses within a 365-day period in any
racing jurisdiction
|
|
Disqualification and loss of purse.
|
Disqualification and loss of purse;
AND If same horse as first offense, horse shall be
placed on the stewards' list from fifteen (15) to sixty (60) days and may be
required to pass a corporation-approved examination before being eligible to
enter as determined by the stewards.
|
Disqualification and loss of purse;
AND If same horse as first and second offenses, horse
shall be placed on the stewards' list from sixty (60) to 180 days and may be
required to pass a corporation-approved examination before being eligible to
enter as determined by the stewards.
|
Disqualification and loss of purse;
AND If same horse as first, second, and third
offenses, horse shall be placed on the stewards' list from 180 to 365 days and
may be required to pass a corporation-approved examination before being
eligible to enter as determined by the stewards.
|
Section
6. Shock Wave Machine and Blood Gas Machine Penalties. The
penalties established in subsections (1) and (2) of this section shall apply to
a violation of
810 KAR 8:010, Section 21(5), (9), or (10).
(1) Trainer
|
First offense
|
Second lifetime offense in any racing
jurisdiction
|
Third lifetime offense in any racing
jurisdiction
|
|
Thirty (30) to sixty (60) day suspension absent
mitigating circumstances;
AND
$1,000 to $5,000 fine absent mitigating
circumstances.
|
Sixty (60) to 180 day suspension absent mitigating
circumstances;
AND
$5,000 to $10,000 fine absent mitigating
circumstances.
|
180 to 365 day suspension absent mitigating
circumstances;
AND
$10,000 to $20,000 fine absent mitigating
circumstances.
|
(2)
Owner
|
First offense
|
Second lifetime offense in any racing
jurisdiction
|
Third lifetime offense in any racing
jurisdiction
|
|
Disqualification and loss of purse.
|
Disqualification and loss of purse;
AND If same horse as first offense, horse shall be
placed on the stewards' list or judges' list from fifteen (15) to sixty (60)
days and may be required to pass a corporation-approved examination before
being eligible to enter as determined by the stewards or
judges.
|
Disqualification and loss of purse;
AND If same horse as first and second offenses, horse
shall be placed on the stewards' list or judges' list from sixty (60) to 180
days and may be required to pass a corporation-approved examination before
being eligible to enter as determined by the stewards or judges.
|
Section
7. Persons with a Suspended or Revoked License.
(1) A person shall not train a horse or
practice veterinary medicine for the benefit, credit, reputation, or
satisfaction of an inactive person. The partners in a veterinary practice may
provide services to horses if the inactive person does not receive a pecuniary
benefit from those services.
(2) An
associated person of an inactive person shall not:
(a) Assume the inactive person's
responsibilities at a location under the jurisdiction of the
corporation;
(b) Complete an entry
form for a race to be held in Kentucky on behalf of or for the inactive person
or an owner or customer for whom the inactive person has worked; or
(c) Pay or advance an entry fee for a race to
be held in Kentucky on behalf of or for the inactive person or an owner or
customer for whom the inactive person has worked.
(3) An associated person who assumes the
responsibility for the care, custody, or control of an unsuspended horse owned
(fully or partially), leased, or trained by an inactive person shall not:
(a) Be paid a salary directly or indirectly
by or on behalf of the inactive person;
(b) Receive a bonus or any other form of
compensation in cash, property, or other remuneration or
consideration;
(c) Make a payment
or give remuneration or other compensation or consideration to the inactive
person or associated person; or
(d)
Train or perform veterinary work for the inactive person or an owner or
customer of the inactive person at a location under the jurisdiction of the
corporation.
(4) A
person who is responsible for the care, training, or veterinary services
provided to a horse formerly under the care, training, or veterinary services
of an inactive person shall:
(a) Bill
customers directly on his or her bill form for any services rendered at or in
connection with any race meeting in Kentucky;
(b) Maintain a personal checking account
totally separate from and independent of that of the inactive person to be used
to pay expenses of and deposit income from an owner or client of the inactive
person;
(c) Not use the services,
directly or indirectly, of current employees of the inactive person;
and
(d) Pay bills related to the
care, training, and racing of the horse from a separate and independent
checking account. Copies of the invoices for the expenses shall be retained for
not less than six (6) months after the date of the reinstatement of the license
of the inactive person or the expiration of the suspension of the inactive
person's license.
Section
8. Other Disciplinary Measures.
(1) A person who violates
810 KAR 8:010,
Section 21(2), shall be treated the same as a person who has committed a drug
violation of the same class, as determined by the corporation after
consultation with the Equine Drug Research Council.
(2) A person who violates
810 KAR 8:010,
Section 21(3), shall be treated the same as a person who has committed a Class
A drug violation.
Section
9. Disciplinary Measures by Stewards or Judges. Upon finding a
violation or an attempted violation of the provisions of KRS Chapter 230 or KAR
Title 810, if not otherwise provided for in this administrative regulation, the
stewards or judges may impose one (1) or more of the following penalties:
(1) If the violation or attempted violation
may affect the health or safety of a horse or race participant, or may affect
the outcome of a race, declare a horse or a licensee ineligible to race or
disqualify a horse or a licensee in a race;
(2) Suspend or revoke a person's licensing
privileges for a period of time of not more than five (5) years in proportion
to the seriousness of the violation and the facts of the case;
(3) Cause a person, licensed or unlicensed,
found to have interfered with, or contributed toward the interference of the
orderly conduct of a race or race meeting, or person whose presence is found by
the stewards or judges to be inconsistent with maintaining the honesty and
integrity of the sport of horse racing to be denied access to association
grounds or a portion of association grounds; and
(4) Payment of a fine in an amount not to
exceed $50,000 as deemed appropriate by the corporation in keeping with the
seriousness of the violation and the facts of the case.
Section 10. Disciplinary Measures by the
Corporation.
(1) Upon finding a violation or
an attempted violation of the provisions of KRS Chapter 230 or KAR Title 810,
if not otherwise provided for in this administrative regulation, the
corporation may impose one (1) or more of the following penalties:
(a) If the violation or attempted violation
may affect the health or safety of a horse or race participant or may affect
the outcome of a race, declare a horse or a licensed person ineligible to race
or disqualify a horse or licensed person in a race;
(b) Suspend or revoke a person's licensing
privileges for a period of time of not more than five (5) years in proportion
to the seriousness of the violation;
(c) Cause a person found to have interfered
with or contributed toward the interference of the orderly conduct of a race or
race meeting, or person whose presence is found by the corporation to be
inconsistent with maintaining the honesty and integrity of horse racing, to be
denied access to association grounds or a portion of association grounds for a
length of time the commission deems necessary;
(d) Payment of a fine of up to $50,000 as
deemed appropriate by the corporation in keeping with the seriousness of the
violation and the facts of the case.
(2) Upon appeal of a matter determined by the
stewards' or judges the corporation may:
(a)
Order a hearing de novo of a matter determined by the stewards' or judges;
and
(b) Reverse or revise the
stewards' or judges' ruling in whole or in part, except as to findings of fact
by the stewards' or judges' ruling regarding matters that occurred during or
incident to the running of a race and as to the extent of disqualification
fixed by the stewards or judges for a foul in a race.
