Florida Administrative Code › 75 - FLORIDA GAMING CONTROL COMMISSION › 75 - Departmental › Chapter 75-3 - STEWARDS AND JUDGES PROCEDURES › Section 75-3.002 - Appeal Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				stewards and division judge shall include in their decision a notice to the
				licensee of the licensee's right to an appeal hearing before the division
				director or his/her designee. In addition, the stewards and division judge
				shall provide the licensee with the procedures and time limits for invoking the
				right to an appeal. All requests for an appeal must be submitted in writing or
				on Form FGCC PMW-3100, Request for Appeal of Stewards'/Judges' Ruling,
				effective 3-4-07, adopted herein by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-00306
,
				and can be obtained at www.fgcc.fl.gov or by contacting the Florida Gaming
				Control Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399. The
				appeal shall state in writing the reason the licensee believes the judge's or
				stewards' order should be reversed.
(2) Failure of the licensee to file a request
				for an appeal hearing within 10 days of the decision of the stewards or
				division judge constitutes a waiver of the right to an appeal.
(3) Upon receipt of an appeal, the division
				shall review the appeal and the record to determine whether a legitimate issue
				of law has been presented that would require an appeal hearing to be scheduled.
				The division shall not substitute its judgment for the judgment of the stewards
				or division judge as to a finding of fact or the weight and credibility of
				evidence in the record. The division shall issue an order affirming the
				stewards or division judge if an appeal that merely disputes findings of fact
				based upon evidence is received by the stewards or division judge. Appeal
				hearings shall be conducted in person, by telephone, or by other electronic
				means.
(4) In the event the
				stewards or division judge make a determination that there is a reasonable
				suspicion to believe that a violation of Section
				 550.2415, F.S., has occurred, or
				in the event of a positive test for a substance prohibited under Section
				 550.2415, F.S., any purse money
				in question which has not been disbursed shall be placed on account with the
				permitholder's comptroller. In the event that any purse money has been
				distributed, all individuals to whom the purse money has been directly
				distributed shall place monies equal to the amount received from the purse in a
				segregated interest bearing account in a recognized financial institution, and
				shall notify the division of the location of the account. The monies shall
				remain in the account until final disposition of the case, at which time
				control of the monies shall be returned to the original individuals; or if a
				violation is proved, the monies shall be transmitted to the permitholder for
				redistribution.
(5) If the division
				determines that the division judge or stewards have exceeded their
				jurisdiction, departed from the essential requirements of law, or incorrectly
				applied law to facts, it shall void their decision and either enter a decision
				for the licensee or shall prosecute the alleged violation itself with the
				respondent receiving rights to an administrative hearing pursuant to Section
				 120.57, F.S.
(6) No appeal shall be filed solely for the
				purpose of delaying imposition of a penalty through a stay pending appeal
				pursuant to Rule  75-3.003, F.A.C. If it becomes
				apparent that an appeal was sought solely to obtain a stay and delay the
				imposition of a penalty, the division shall issue an order dismissing the
				appeal and referring the case to the stewards or division judge to determine
				whether additional penalties should be imposed.
(7) Upon conclusion of the appeal hearing,
				the division director shall affirm or reverse the decision of the
				stewards/division judge with directions for an appropriate disposition of the
				case under the pari-mutuel statutes or rules.
Rulemaking Authority
					  120.80(4)(a),
					  550.0251 (3),
					 550.2415(12)
					 FS. Law Implemented 120.80(4)(a),
					 550.0251,
					  550.054,
					  550.1155 FS.
New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Formerly
					  61D-3.002.