Title 810 | Chapter 009 | Regulation 010
SUPERSEDED
This document is no longer current.
810 KAR 9:010.Hearings, reviews, and 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;(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.HISTORY: (45 Ky.R. 2018; 3181; eff. 5-31-2019.)
810 KAR 9:010.Hearings, reviews, and 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;(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.HISTORY: (45 Ky.R. 2018; 3181; eff. 5-31-2019.)