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 Commission to promulgate administrative
regulations under which racing shall be conducted in Kentucky.
KRS
230.240(2) requires the
commission 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
commission.
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 Commission Uniform Drug, Medication, and Substance Classification
Schedule as provided in
810
KAR 8:020.
(10) "Withdrawal guidelines" means the
Kentucky Horse Racing Commission 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 commission, the commission 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 commission 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
commission 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 commission 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 commission 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 commission 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
commission-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 commission
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 commission.
(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 commission 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 commission 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
commission, the stewards, judges, and commission 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 commission 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 commission 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
commission-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 commission-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 commission-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 commission-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 commission-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
commission-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 commission-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 commission-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 commission-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 commission-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 commission-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 commission-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
commission 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 mitigating circumstances.
|
180 to 365 day suspension, absent mitigating
circumstances;
AND
$2,500 to $5,000 fine, absent
|
(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 jurisdicti on
|
|
Zero to ninety (90) day suspensi on, absent
mitigating circumstances;
AND
$1,000 to $1,500 fine, absent mitigating circumst
ances.
|
Ninety (90) to 180 day suspension, absent mitigating
circumstances;
AND
$1,500 to $3,000 fine, absent mitigating
circumstances.
|
180 to 365 day suspensi on, absent mitigating
circumstances;
AND
$3,000 to $5,000 fine, absent mitigating
circumstances.
|
One (1) year suspensi on 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
|
|
Disqualif ication and loss of purse.
|
Disqualifi cation 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 commission-approved examination before being eligible to enter as
determin ed by the stewards.
|
Disqualifi cation 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 commission-approved examination before being eligible to
enter as determined by the stewards.
|
Disqualif ication and loss of purse;
AND
If same horse as first, second, and third offenses ,
horse shall be placed on the steward s' list from 180 to 365 days and may be
required to pass a commission-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 commission-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 commission-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
commission;
(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
commission.
(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 commission 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 commission in keeping with the
seriousness of the violation and the facts of the case.
Section 10. Disciplinary Measures by the
Commission.
(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 commission
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 commission 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 commission 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 commission 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.
