RELATES TO:
KRS
230.215(2),
230.310(2),
230.320,
230.330
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215 vests the Kentucky Horse Racing
Commission with plenary power to promulgate administrative regulations
prescribing conditions under which all legitimate horse racing and wagering
thereon is conducted in the Commonwealth.
KRS
230.320(1) authorizes the
commission to promulgate administrative regulations under which any license may
be denied, suspended, or revoked, and under which any licensee or other person
participating in Kentucky horse racing may be assessed an administrative fine
or required to forfeit or return a purse.
KRS
230.320(3) requires the
commission to grant an appeal and administrative hearing in accordance with KRS
Chapter 13B to any person whose license is denied, suspended, or revoked or who
is assessed an administrative fine or required to return a purse.
KRS
230.320(5) authorizes the
commission to determine that certain appeals are frivolous and requires
prescription of the factors leading to such a determination.
KRS
230.370 authorizes the commission to
promulgate any reasonable and necessary administrative regulation for the
conduct of hearings before it. This administrative regulation establishes the
procedures for administrative hearings and appeals held pursuant to KRS Chapter
230 and establishes parameters for frivolous appeals.
Section 1. Stewards' and Judges' Hearings.
(1) A stewards' or judge's hearing, as
applicable, shall be conducted by a state steward or a state judge unless
waived in writing by the party charged with the violation.
(2) At least two (2) stewards or judges must
be present at all times during the hearing. All three (3) stewards or judges
shall review the evidence and testimony prior to issuing a ruling. A ruling
shall be made by all three (3) stewards or judges sitting in the
matter.
(3) A party charged with a
violation other than a routine riding offense occurring in a race shall be
given written notice of the stewards' or judges' hearing, unless waived in
writing by the party charged.
(4)
Stewards' and judges' hearings shall be closed, and the stewards and judges
shall make no public announcement concerning a matter under investigation until
the conclusion of the hearing.
(5)
A state steward or a state judge shall conduct the hearing in such a manner as
to ascertain and determine the substantial rights of the parties involved and
shall not be bound by technical rules of procedure and evidence.
(6) Testimony shall be given under oath and a
record shall be kept by use of an audio recorder or by court reporter's
transcript. The party charged with the violation may, however, waive the
recording and the transcription of the testimony. The stewards or judges shall
not be required to receive testimony in cases where their ruling is based
solely upon a review of the race replay.
(7) If, after the hearing, the stewards or
judges find that a statute or an administrative regulation has been violated,
they shall promptly issue a written ruling setting forth the:
(a) Full name of every person charged with
the violation;
(b) Identification
of licensees charged with the violation;
(c) Statute or administrative regulation
number and pertinent parts of the statute or administrative regulation
violated;
(d) Findings;
and
(e) Penalty.
(8) Copies of the ruling shall be
delivered to:
(a) Each party in interest;
Legislative Research Commission PDF Version Page: 2
(b) The commission; and
(c) The office of the Association of Racing
Commissioners International, and in Standardbred racing, to the United States
Trotting Association.
(9) A party who is the subject of an order or
ruling of the stewards or judges may apply for a commission hearing pursuant to
KRS Chapter 13B, except as to:
(a)
Determinations of whether a horse or horses in a race shall be disqualified for
fouls committed during the race; or
(b) Findings of fact as to matters occurring
during and incident to the running of a race.
(10) An application to the commission for
review of a stewards' or judges' order or ruling shall be made within ten (10)
days after the order or ruling is issued in writing on the "Notice of Appeal,"
KHRC 9-010-1.
(11) An application
to the executive director for a stay of a stewards' or judges' order or ruling
shall be made in writing within ten (10) days after the order or ruling is
issued on the "Request for Stay Pending Appeal", KHRC 9-010-2.
Section 2. Frivolous Appeals. The
commission may determine that an appeal of a stewards' or judges' order or
ruling, or any other administrative appeal to the racing commission by a
licensee or other person participating in Kentucky horse racing, is frivolous.
An appeal shall be presumed to be frivolous if:
(1) The applicant seeks review by the
commission but fails, without good cause, to appear for proceedings;
(2) The applicant attends the commission
hearing but fails, without good cause, to offer evidence to support the
application for review; or
(3) The
appeal is totally lacking in merit such that it appears to have been taken in
bad faith.
Section 3.
Commission Hearings.
(1) Except where
precluded by another provision of KRS Chapter 230 or this administrative
regulation, commission hearings shall be conducted in accordance with KRS
Chapter 13B.
(2) Copies of final
commission orders or rulings related to licensing of individuals shall be
forwarded to the office of the Association of Racing Commissioners
International, and, in standardbred racing, to the United States Trotting
Association.
Section 4.
Appeal from Commission Order. A person or licensee aggrieved by an order or
decision of the commission may appeal to the Franklin Circuit Court in
accordance with
KRS
230.330.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) The "Notice of Appeal", KHRC
9-010-1, 11/2018; and
(b) The
"Request for Stay Pending Appeal", KHRC 9-010-2, 11/2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Horse Racing
Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky 40511,
Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available
on the KHRC Web site at
http://khrc.ky.gov.
