28 DE Code § 409. (2021)
2021 Delaware Code|Title 28 - Sports and Amusements|Chapter 4. Horse Racing in Kent County|Subchapter I. License to Conduct Racing Meet; Taxes|§ 409. Rules, regulations and special powers of Commission; subpoenas; contempt; perjury.

§ 409. Rules, regulations and special powers of Commission; subpoenas; contempt; perjury. (a) (1) The Commission shall adopt regulations governing the operation of thoroughbred racing including the regulation of betting in connection therewith and the regulation of the conduct of all participants in any racing meet, to insure the integrity and security of the conduct of meetings held pursuant to this chapter. Such regulations shall include provisions for disciplinary measures for violations thereof including the imposition of fines, suspension or revocation of licenses or permits, and ejection or expulsion from a licensee's premises. (2) a. The Commission shall have the authority to impose a fine of up to $5,000 for any violation of its regulations. b. The stewards of a race meeting acting in accordance with such regulations if authorized by the Commission shall have the authority to impose disciplinary measures, including fines, suspension or revocation of licenses or permits, and ejection or exclusion from a licensee's premises. c. All fines imposed pursuant to this section shall be paid over to the General Fund upon receipt by the Commission. d. A person fined or otherwise disciplined by the stewards of a race meeting shall have a right of appeal to the Commission and for a hearing before the Commission. Any person fined or otherwise disciplined by the Commission shall have a right of appeal to the Superior Court of the State. e. The action of the Commission shall stand unless and until reversed by the Court. (3) The Commission may request and receive assistance from, and rely upon information provided by, the Thoroughbred Racing Protective Bureau, and state or federal law enforcement agencies, in the investigation of any matters within its jurisdiction. (b) The Commission may make rules governing, restricting or regulating the rate or charge by a licensee for admission or for the performance of any service or the sale of any article on the premises of a licensee. (c) All proposed extensions, additions or improvements to the buildings, stables or improvements on tracks or property owned or leased by a licensee under this chapter shall be subject to the approval of the Commission. (d) The Commission may compel the production of any and all books, memoranda or documents showing the receipts and disbursements of any person licensed under the provisions of this chapter to conduct racing meets. (e) The Commission may at any time require the removal of any employee or official employed by any licensee under this chapter. (f) The Commission may require that the books, records and financial or other statements of any person licensed under the provisions of this chapter shall be kept in such form or in such manner as the Commission prescribes. The Commission may visit, investigate and place expert accountants and such other persons as it deems necessary, in the offices, tracks or places of business of any such person for the purpose of satisfying itself that the Commission's rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the person to whom they are assigned. (g) The Commission may issue, under the hand of any Commissioner and the seal of the Commission, subpoenas for the attendance of witnesses and the production of books, papers and documents before the Commission and may administer oaths or affirmations to the witnesses whenever in the judgment of the Commission it is necessary for the effectual discharge of its duties. If any person refuses to obey any subpoena or to testify or to produce any books, papers or documents, the Commission may apply to the Superior Court of Kent County, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify or to produce the books, papers and documents. Whoever fails to obey or refuses to obey a subpoena of the Court shall be guilty of contempt of court and shall be punished accordingly. False swearing on the part of any witness shall be deemed perjury and shall be punished as such. 28 Del. C. 1953, §  409;  56 Del. Laws, c. 119;  63 Del. Laws, c. 143, §  16;