Subpart 1.
Imposition of fines.
The commission may impose a civil fine upon any licensee for a
violation of laws related to horse racing or the commission's rules after a
determination of the severity of the violation. The stewards may impose a civil
fine upon a Class C licensee.
Subp.
2.
Categories of violations.
The commission or stewards shall assign a violation to one of
the following categories:
A. A
"serious violation" is a failure to comply with law or rule when the failure
has a substantial adverse effect on the integrity of pari-mutuel horse racing,
public welfare, health, or safety.
B. A "violation" is any failure, other than a
serious violation, to comply with a law or rule.
Subp. 3.
Assignment of categories and
determination of fine amount.
In assigning a particular violation to a category, and in
determining the amount of the fine for any violation, the commission or
stewards shall consider the following factors:
A. the potential or actual harm to persons,
property, or the integrity of racing;
B. the culpability of the violator;
C. the frequency of the violator's failure to
comply with law or rule; and
D.
any other factors reasonably related to the health, safety, and welfare of
participants in racing or the integrity of pari-mutuel racing in Minnesota, as
long as the same factors are considered with regard to all similarly situated
violators.
Subp. 4.
Serious violations.
Violations of Minnesota Statutes, section
240.25,
misrepresentation of the identity of a horse, possession of a firearm in
violation of state law, setting or attempting to set a fire on the racetrack
premises, a violation of part 7897.0110, and any violation involving a
substance defined by the Association of Racing Commissioners International
Uniform Classification Guidelines for Foreign Substances as a Class 1 foreign
substance shall be deemed per se serious violations.
Subp. 5.
Amount of fines.
A. The fine for a serious violation of law or
rule shall be:
(1) at least $1,000 and up to
$10,000 for a first serious violation;
(2) up to $25,000 for a second serious
violation; or
(3) up to $50,000 for
a third serious violation.
B. The fine for other violations shall not
exceed $999.
C. The commission may
impose a fine in excess of $5,000 but no more than $200,000 against a Class A,
B, or D licensee as necessary to enforce parts 7870.0430, 7870.0450 to
7870.0470, or 7870.0500.
Subp.
6.
Timetable for paying fines.
A. All fines imposed by the stewards or
commission must be paid within after receiving a written ruling imposing the
fine.
B. Failure to pay the fine
within the required time is grounds for suspension, an additional fine, and
such other sanctions and restrictions as the commission, its designee, or the
stewards reasonably deem necessary.
C. The commission shall designate one or more
employees responsible for collecting fines and they shall notify the stewards
and executive director of delinquent fines.
