Sec. 1204. Federal Trade Commission Oversight
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/bill/116/hr/133/eah/section-1204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Authority shall submit to the Commission, in accordance with such rules as the Commission may prescribe under section 553 of title 5, United States Code, any proposed rule, or proposed modification to a rule, of the Authority relating to— the bylaws of the Authority; a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods; laboratory standards for accreditation and protocols; standards for racing surface quality maintenance; racetrack safety standards and protocols; a program for injury and fatality data analysis; a program of research and education on safety, performance, and anti-doping and medication control; a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons; a schedule of civil sanctions for violations; a process or procedures for disciplinary hearings; and a formula or methodology for determining assessments described in section 1203(f).
The Commission shall— publish in the Federal Register each proposed rule or modification submitted under subsection (a); and provide an opportunity for public comment. A proposed rule, or a proposed modification to a rule, of the Authority shall not take effect unless the proposed rule or modification has been approved by the Commission. Not later than 60 days after the date on which a proposed rule or modification is published in the Federal Register, the Commission shall approve or disapprove the proposed rule or modification.
The Commission shall approve a proposed rule or modification if the Commission finds that the proposed rule or modification is consistent with— this Act; and applicable rules approved by the Commission. In the case of disapproval of a proposed rule or modification under this subsection, not later than 30 days after the issuance of the disapproval, the Commission shall make recommendations to the Authority to modify the proposed rule or modification. The Authority may resubmit for approval by the Commission a proposed rule or modification that incorporates the modifications recommended under subparagraph (A).
The Authority shall submit to the Commission any proposed rule, standard, or procedure developed by the Authority to carry out the horseracing anti-doping and medication control program or the racetrack safety program. The Commission shall publish in the Federal Register any such proposed rule, standard, or procedure and provide an opportunity for public comment. The Commission may adopt an interim final rule, to take effect immediately, under conditions specified in section 553(b)(B) of title 5, United States Code, if the Commission finds that such a rule is necessary to protect— the health and safety of covered horses; or the integrity of covered horseraces and wagering on those horseraces.