230.320 Denial, revocation, or suspension of license -- Stay of imposition of
934 words·~4 min read·
/ky/230-320A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
stewards' decision -- Review -- Frivolous appeals.
(1)Every license granted under this chapter is subject to denial, revocation, or
suspension, and every licensee or other person participating in Kentucky horse
racing may be assessed an administrative fine and required to forfeit or return a
purse, by the corporation in any case where it has reason to believe that any
provision of this chapter, administrative regulation, or condition of the corporation
affecting it has not been complied with or has been broken or violated. The
corporation may deny, revoke, or suspend a license for failure by the licensee or
other person participating in Kentucky horse racing to pay an administrative fine
imposed upon the licensee by the stewards or the corporation. The corporation, in
the interest of honesty and integrity of horse racing, may promulgate administrative
regulations under which any license may be denied, suspended, or revoked, and
under which any licensee or other person participating in Kentucky horse racing
may be assessed an administrative fine or required to forfeit or return a purse.
(a)Following a hearing by the stewards, a person who has been disciplined by a
ruling of the stewards may apply to the corporation for a stay of the ruling,
pending action on an appeal by the corporation.
(b)An application for a stay shall be received by the president or his or her
designee within ten
(10)calendar days of the issuance of the stewards' ruling.
(c)An application for a stay shall be in writing and include the following:
1. The name, address, telephone number, and signature of the person
requesting the stay;
2. A statement of the justification for the stay; and
3. The period of time for which the stay is requested.
(d)On a finding of good cause, the president or his or her designee may grant the
stay. The president or his or her designee shall issue a written decision
granting or denying the request for stay within five
(5)calendar days from the
time the application for stay is received by the president or his or her
designee. If the president or his or her designee fails to timely issue a written
decision, then the stay is deemed granted. The president or his or her designee
may rescind a stay granted under this subsection for good cause.
(e)A person who is denied a stay by the president or his or her designee, or has a
previously granted stay rescinded under paragraph
(d)of this subsection, may
petition the corporation to overrule the president's or designee's denial or
rescission of the stay. The petition shall be filed in writing with the
chairperson of the board of directors of the corporation and received by the
chairperson within ten
(10)calendar days of the mailing of the president's or
designee's denial of the stay. The petition shall state the name, address, phone
number, and signature of the petitioner; a statement of justification of the stay;
and the time period for which the stay is requested. The chairperson shall
convene a special meeting of the board of directors of the corporation within
ten
(10)calendar days of receipt of the petition, and the corporation shall issue
a written final order granting or denying the petition within two
(2)calendar
days of the special meeting. If the corporation fails to timely issue a final
order on the petition, then the stay is granted. The corporation may rescind a
stay granted under this subsection for good cause.
(f)A person who is denied or has a previously granted stay rescinded by the
corporation may file an appeal of the final written order of the corporation in
the Circuit Court of the county in which the cause of action arose.
(g)The fact that a stay is granted is not a presumption that the ruling by the
stewards is invalid.
(3)If any license is denied, suspended, or revoked, or if any licensee or other person
participating in Kentucky horse racing is assessed an administrative fine or required
to forfeit or return a purse, after a hearing by the stewards or by the corporation
acting on a complaint or by its own volition, the corporation shall grant the
applicant, licensee, or other person the right to appeal the decision, and upon
appeal, an administrative hearing shall be conducted in accordance with KRS
Chapter 13B.
(4)The corporation may at any time order that any case pending before the stewards be
immediately transferred to the corporation for an administrative hearing conducted
in accordance with KRS Chapter 13B.
(a)In an administrative appeal to the corporation by a licensee or other person
participating in Kentucky horse racing, the corporation may determine in its
final order that the appeal is frivolous. If the corporation finds that an appeal
is frivolous:
1. This fact shall be considered an aggravating circumstance and may be
considered in assessing any penalty against the licensee; and
2. The licensee or other person who raised the appeal may be required to
reimburse the corporation for the cost of the investigation of the
underlying circumstances of the case and the cost of the adjudication of
the appeal. Costs may include but are not limited to fees paid to a
hearing officer or court reporter, attorneys fees, and laboratory expenses.
(b)The corporation may by administrative regulation prescribe the conditions or
factors by which an appeal may be determined to be frivolous.
(6)Any administrative action authorized in this chapter shall be in addition to any
criminal penalties provided in this chapter or under other provisions of law.