Reviews of stewards' decisions involving the outcome of a
race or riding/driving infractions shall be conducted on the record of the
stewards' proceedings. Riding/driving infractions are defined as any violations
of the commission's regulations while riding or driving a horse in any
race.
All other reviews will be de novo.
The commission shall conduct its review within 45 days of
receipt of a request for a review of a denial of a permit or a disciplinary
action taken by the steward or stewards. The following provisions shall apply
to reviews by the commission:
1. If
any commissioner determines that he has a conflict of interest or cannot accord
a fair and impartial review, that commissioner shall not take part in the
review.
2. The commissioners, in
their discretion, may appoint an independent hearing officer to preside at the
review and prepare a recommended written decision for their consideration. The
commission, at its discretion, may accept the recommendation in its entirety,
amend it or reject it.
3. Unless
the parties otherwise agree, a notice setting the date, time and location of
the review shall be sent to the person requesting the review and all other
owners, trainers, jockeys and drivers who may be affected by the resulting
decision at least 10 days before the date set for the review.
a. The written notice shall describe the
charges, basis thereof and possible penalties.
b. The written notice shall inform each party
of the right to counsel, the right to present a defense including witnesses for
that purpose and the right to cross-examine any witness.
4. The proceedings shall be open to the
public.
a. The proceedings shall be
electronically recorded.
b. A court
reporter may be used. The court reporter shall be paid by the person who
requests him. If the person requesting the review elects to have a court
reporter, a transcript shall be provided to the commission. The transcript
shall become part of the commission's records.
5. The proceedings shall include the
following:
a. The commission or hearing
officer may issue subpoenas to compel the attendance of witnesses or the
production of books, papers, and other relevant evidence it deems appropriate.
However, nothing in this section shall be taken to authorize discovery
proceedings;
b. Oaths shall be
administered to all witnesses;
c.
The commission may examine any witnesses;
d. Written notice shall be given to the
holder of or applicant for a permit in a reasonable time prior to the
review;
e. The written notice shall
inform the holder of a permit of the charges against him, the basis thereof and
possible penalties;
f. The holder
of a permit shall be informed of his right to counsel, the right to present a
defense including witnesses for that purpose, and the right to cross-examine
any witnesses; and
g. The
commission may grant a continuance of any review for good cause.
6. Review proceedings regarding
riding or driving infractions shall be on the record of the stewards hearing
and not a new hearing; therefore, presentations by both sides will be limited
to arguments and comments regarding the record of the stewards
hearing.
7. In conducting a review
of rulings of the stewards regarding riding or driving infractions, the
commission, in its discretion, may allow new evidence to be introduced which,
through the exercise of reasonable diligence, could not have been obtained at
the time of the stewards hearing. If the commission determines additional
evidence to be introduced may affect the outcome of the case, the commission,
in its discretion, may remand the case to the stewards for further review. The
stewards shall consider such additional evidence as directed by the commission
and, if necessary, in the stewards' discretion, will conduct a new, additional
or supplemental hearing. The stewards shall then issue a new decision and order
subject to commission review as herein provided.
