Sec. 402. Results management and disciplinary process
267 words·~1 min read·
/bill/119/hr/3378/ih/section-402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Board shall issue rules with respect to the disciplinary process for safety, performance, and scientific medication control rule violations, which may include the existing Model Rules of the Association of Racing Commissioners International. The rules and processes issued under subsection
(a)shall include the following: The undertaking of investigations at racetrack and nonracetrack facilities related to safety violations. In performing investigations, the RHSO and State racing commissions shall seek assistance as needed. Procedures for— investigating, charging, and adjudicating violations; and the enforcement of administrative sanctions. A schedule of administrative sanctions for violations. Disciplinary hearings, which may include binding arbitration, mediation, administrative sanctions, and research. Management of violation results. Referral for criminal law enforcement investigation. Provisions for notification of safety, performance, and scientific medication control rule violations. A process by which a noncompliant member State may be removed by unanimous vote of the remaining member States. Hearing procedures. Standards for burden of proof. Presumptions, including a rebuttable presumption of liability for covered persons who are trainers for any violations of the scientific medication control rules under section 101(c)(1). Evidentiary rules. Appeals. Guidelines for confidentiality and public reporting of decisions. The rules established under subsection
(a)shall provide for adequate due process, including— impartial hearing officers or tribunals commensurate with the seriousness of the alleged safety, performance, or scientific medication control rule violation and the possible civil sanctions for such violation; the right to counsel, to confront witnesses, and to have a transcribed record of the proceedings; and the right to have a decision rendered not later than 60 days after the date on which the hearing closes.