reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 200 - ILLINOIS RACING BOARD › Section 200.30 - Inspection of Tack

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall have the right to authorize a person or persons
				to enter any place within the track enclosure, or other places where horses are
				kept that are eligible to race at the current meetings, to inspect and examine
				the personal effects or property of every licensee within those
				places.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 200 - ILLINOIS RACING BOARD › Section 200.40 - Inspections and Searches

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Illinois Racing Board or the State Stewards investigating for violations of
			 law or the rules and regulations of the Board shall have the power to permit
			 persons authorized by either of them to search:
1) the person of all persons licensed by the
			 Board, and of all employees and agents of any race track operator licensed by
			 the Board, or to enter and search the jockey and drivers' rooms, paddocks,
			 stables, stalls, tack rooms, barns, sheds, horse trailers, other vehicles
			 related to the transportation of racehorses and/or the transportation of
			 equipment used by or in the care of the racehorses, or other vehicles and
			 equipment in the immediate stable area; and
2) the person and/or property of all vendors
			 who are permitted by the race track operator to sell and distribute their wares
			 and merchandise within the race track enclosure; and
3) all public areas in the racetrack
			 enclosure, in order to inspect and examine the personal effects or property of
			 licensees and vendors.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 200 - ILLINOIS RACING BOARD › Section 200.50 - Appointment of Director of Inter-Track and Simulcast Wagering

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 26(h)(12)(F) of the
			 Act,
the Board shall name and appoint a State Director of this wagering
			 who shall be a representative of the Board and whose duty it shall be to
			 supervise the conduct of inter-track wagering as may be provided for by the
			 rules and regulations of the Board.
b) The Director of Inter-Track and Simulcast
			 Wagering shall be appointed by the Executive Director.
c) The Executive Director may appoint the
			 State Director of Mutuels as the Director of Inter-Track and Simulcast
			 Wagering.
d) The Director of
			 Inter-Track and Simulcast Wagering shall:
1)
			 Supervise and verify Illinois simulcast wagering pools totals for each wagering
			 day. Verification shall be the basis for computing State privilege taxes,
			 licensee commissions and purses.
2)
			 Inspect inter-track and simulcast wagering facilities for compliance with the
			 Act and any rules and regulations of the Board.
3) Report any irregularities to the State
			 Director of Mutuels.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part shall
			 apply to all hearings conducted by the Board pursuant to the Act:
1) in its review of final decisions, orders,
			 or rulings of the stewards of any race meeting;
2) in its conduct of hearings on the
			 propriety of the ejection or exclusion of occupation licensees as authorized by
			 the Act; and
3) in its enforcement
			 proceedings, investigations and inquiries into matters within the jurisdiction
			 of the Board including, but not limited to, proceedings instituted by orders to
			 show cause.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.20 - Requests for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any person aggrieved by a final ruling of the Stewards may, as a matter of
			 right, request a Board hearing. The hearing shall be a proceeding de
			 novo.
b) All requests for hearings
			 shall:
1) be in writing;
2) contain an address and telephone number
			 where the petitioner may be notified; and
3) identify the Stewards' ruling and state
			 the specific reasons for the request.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.25 - Requests and Proceedings for Director's Review Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any properly filed appeal concerning a
			 ruling of the Stewards resulting in a civil penalty in an amount of $500 or
			 less or for a disqualification based on an occurrence in the race such as
			 interference, or a claim of foul for which no penalty was assessed against the
			 jockey or driver, shall be required to submit to a Director's Review Conference
			 conducted pursuant to this Section.
b) Any properly filed appeal concerning a
			 ruling of the Stewards resulting in a suspension, exclusion, civil penalties
			 greater than $500, redistribution of the purse after the race results are
			 finalized by the Stewards, or disqualification based on a violation of 11 Ill.
			 Adm. Code 603 (Medication), may, in lieu of an administrative hearing, request
			 a Director's Review Conference.
c)
			 The Director's Review Conference process affords licensees the opportunity to
			 resolve protests without a formal administrative hearing before an
			 Administrative Law Judge. The Executive Director of the Board or his or her
			 designee shall serve as the designated reviewer in accordance with the
			 provisions of this Section. The Executive Director or reviewer shall have
			 authority and knowledge of the rules and regulations of the Board sufficient to
			 make a reasoned and appropriate resolution of the matter.
d) All requests for a Director's Review
			 Conference shall:
1) be in writing;
2) contain an address and telephone number
			 where the petitioner may be notified;
3) identify the Stewards' ruling and state
			 the specific reasons for the request; and
4) include a list of all supporting
			 documentation to be presented at the Director's Review Conference.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.30 - Purse Distribution

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a request for hearing that may affect the
				distribution of a purse in a race, the Board shall serve notice of the hearing
				upon each of the owners of all other horses involved in the race as identified
				in the official program.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.40 - Appointment and Disqualification

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall designate a hearing
			 officer to preside at any hearing conducted pursuant to this Part.
b) Grounds for disqualification of a hearing
			 officer shall include, but not be limited to:
1) Conflict of interest (including, but not
			 limited to, financial interest or benefit derived from the racing industry);
			 and
2) Demonstrable bias on the
			 issue.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.50 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A transcript
			 shall be produced by a court reporter designated by the Board for all hearings
			 conducted pursuant to this Part. Copies of the transcript shall be filed in the
			 Board's principal office and made available for public inspection upon
			 reasonable request.
b) In its
			 discretion, the Board may require that petitioners bear reasonable costs of the
			 production of hearing transcripts.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.60 - Appearances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The appellant
			 need not be represented by an attorney.
b) Only licensed attorneys may appear before
			 the Board in a representative capacity.
c) A partnership may appear pro se by a
			 partner.
d) A corporation may
			 appear pro se by an officer or director.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.65 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon written
			 request served on the opposing party, a party shall be entitled to:
1) The name and address of any witness who
			 may be reasonably expected to testify on behalf of the opposing party, together
			 with a brief summary of the subject matter of each witness' anticipated
			 testimony; and
2) All documents or
			 other materials in the possession or control of the opposing party that the
			 opposing party reasonably expects to introduce into evidence in either its
			 case-in-chief or in rebuttal. Rebuttal documents, to the extent that they are
			 not immediately identifiable, shall be tendered to the opposing party forthwith
			 upon identification.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.70 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons filing
			 papers with the Board shall simultaneously serve copies on all parties to the
			 proceeding with proof of service in the manner authorized by the Civil Practice
			 Act [735 ILCS 5 /Art. II].
b) All
			 papers required to be filed with the Board must be filed at the Board's
			 principal office at 100 W. Randolph, Suite 11-100, Chicago, Illinois 60601,
			 during regular business hours.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.80 - Subpoenas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subpoenas for
			 the attendance of witnesses or for the production of books or documents may be
			 issued by the Board upon its own motion or upon reasonable request of a
			 party.
b) Requests for subpoenas to
			 compel the production of books or documents shall specifically identify the
			 material sought.
c) Witness fees
			 shall be the same as provided by the Circuit Courts of the State of
			 Illinois.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.85 - Proceedings for Hearings Involving Action by the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall conduct a de novo hearing.
			 Except as otherwise provided (e.g., prima facie evidence rule at Section
			 603.55 ),
			 counsel for the Board shall have the burden of proof by a presponderance of
			 evidence.
b) Any testimony shall be
			 given under oath or affirmation.
c)
			 Both parties may present an opening statement on the merits.
d) Upon conclusion of the petitioner's case,
			 the Board may present evidence in rebuttal to the petitioner's case.
e) Both parties may present closing
			 arguments. The Board proceeds first, then the petitioner, and thereafter the
			 Board may present rebuttal closing argument.
f) Each party may conduct cross-examination
			 of any witnesses presented. The Board may also, as a matter of right, examine
			 the petitioner as an adverse witness.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.90 - Proceedings for Hearings Involving Action by Organization Licensees

Current through Register Vol. 48, No. 28, July 12, 2024
a) The burden of
			 proof will at all times be on the organization licensee. The organization
			 licensee shall have the responsibility of establishing just cause for its
			 actions by a preponderance of the evidence.
b) The Board shall designate a hearing
			 officer to preside at any hearing regarding actions by organization licensees.
			 Pursuant to a subsequent hearing, the Board will determine the propriety of the
			 actions of the organization licensee. The Board's role in all hearings
			 conducted pursuant to this Section is limited to an adjudication of the
			 propriety of the organization licensee's actions. The Board shall not otherwise
			 be a party to any proceedings arising under this Section.
c) For all hearings conducted pursuant to
			 this Section, the organization licensee and the petitioner shall equally share
			 the entire cost of the hearing officer's fees.
d) For all hearings conducted pursuant to
			 this Section, the organization licensee and the petitioner shall arrange for a
			 court reporter to transcribe the entire proceedings. The parties shall arrange
			 for a copy of the transcript, together with any exhibits admitted into
			 evidence, to be forwarded to the Board. The organization licensee and the
			 petitioner shall equally share the entire cost of the court reporter and
			 transcript.
e) Requests for
			 hearings pursuant to this Section shall conform with the requirements described
			 in Section
			 204.20.
f) Discovery for hearings pursuant to this
			 Section shall conform with the parameters described in Section
			 204.65.
g) Hearings pursuant to this Section shall
			 otherwise conform with the requirements and parameters of Sections
			 204.85,
			 204.100,
			 204.110,
			 204.120, and
			 204.130.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.100 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) All witnesses
			 testifying at hearings shall testify upon oath or affirmation.
b) The Board shall consider all relevant
			 evidence.
c) The Board shall not be
			 bound by technical rules of evidence.
d) The hearing officer shall have the
			 authority to rule upon motions and objections, exclude inadmissible evidence,
			 and in all other ways monitor the hearing.
e) Exhibits shall be plainly marked and
			 identified. The record shall reflect the identity of the party offering an
			 exhibit and shall indicate whether it was admitted into evidence.
f) The hearing officer and the Board may take
			 official notice of:
1) the customs, usages
			 and traditions of horse racing;
2)
			 matters within its specialized knowledge and expertise;
3) all matters of which the Circuit Courts of
			 the State of Illinois may take judicial notice.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.120 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing officer may, if good cause has been shown, grant a
				continuance at the request of any party or on his own motion. A hearing may be
				adjourned by the hearing officer to permit further testimony or
				argument.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.130 - Closing Arguments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The hearing officer shall allot a reasonable amount of time for closing
			 arguments.
b) The parties may with
			 the leave of the hearing officer file briefs in lieu of closing
			 argument.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 204 - HEARINGS AND ENFORCEMENT PROCEEDINGS › Section 204.140 - Findings of Fact and Conclusions of Law

Current through Register Vol. 48, No. 28, July 12, 2024
Orders of the Board disposing of contested matters upon the
				merits shall set forth the Board's findings of fact and conclusions of law and
				shall be served by certified mail.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide procedures to govern the
				conduct of the License Hearing provided for in Section 20 of the Illinois
				Racing Act (the Racing Act) [230 ILCS 5/20 ], supplemental to
				those provided for in Part 204. This Part implements the provisions of the
				Racing Act and the Illinois Administrative Procedure Act (the IAPA) [5 ILCS 100
				], and should be construed to give effect to, and not to limit, the rights
				conferred by those Acts. This Part expressly adopts the applicable provisions
				of the IAPA, including the IAPA's provisions applicable in contested cases such
				as the License Hearing. (See Section 10-65 of the IAPA and the Open Meetings
				Act [5 ILCS 120 ].)
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.20 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least 30 days
			 prior to the application deadline, the Board shall provide all current
			 organization licensees, and any other person who has requested an application
			 for an organization license to conduct a horse race meeting, with notice of the
			 License Hearing, including:
1) a statement of
			 the time, place and nature of the License Hearing (e.g., whether the award of
			 host dates or the License Hearing will determine the allocation of racing dates
			 in a single year or in multiple years) and the time, place and date of the
			 pre-hearing conference. A host date is a day awarded to an organization
			 licensee in which the licensee controls the simulcast signals and its own live
			 racing program;
2) a statement of
			 the legal authority and jurisdiction under which the License Hearing is to be
			 held;
3) a reference to the
			 particular Sections of the substantive and procedural statutes
			 involved;
4) a short and plain
			 statement of the matters at issue and the consequences of a failure to
			 participate in the License Hearing (see
			 230 ILCS
			 5/20 );
5)
			 the name and address of any hearing officer the Board may appoint, or a
			 statement that the members of the Board themselves intend to preside as hearing
			 officers at the License Hearing; and
6) the time, place and date of the
			 pre-hearing conference.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.30 - Filing of Applications

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall provide to all current organization licensees,
				no later than July 1, an application to conduct a horse race meeting.
				Applications for an organization license to conduct a horse racing meeting in
				Illinois pursuant to the Racing Act shall be filed at the office of the Board
				no later than 5:00 p.m. on July 31 (or if July 31 is not a business day, the
				next business day thereafter) of the year prior to the year in which the meet
				is sought. Each applicant shall file with the Board 15 copies of the
				application and all exhibits referred to in the application.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.40 - Use of Applications

Current through Register Vol. 48, No. 28, July 12, 2024
Applications shall state with particularity the type of license
				and dates sought to be awarded. Requests for licenses and dates may be made in
				the alternative. Applications are admissible into evidence as proof of what an
				applicant seeks or as admissions of parties, according to the rules of
				evidence.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.60 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
Parties to the License Hearing consist of persons who have
				filed an application for an organization license. No other person, other than
				outside counsel for the parties, a witness or witnesses called by the parties
				pursuant to the rules of evidence, may participate in the License Hearing
				before the Racing Board or its duly appointed hearing officer, except that this
				provision shall not be construed to prohibit the Board and/or the hearing
				officer from taking official notice of staff data or memoranda pursuant to
				Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS
				100/10-40 ]. The Board shall be permitted to call lay
				and/or expert witnesses. This Section shall not prohibit representatives of any
				organization representing the largest number of horse owners, trainers, drivers
				or jockeys that has negotiated a contract with the organization licensee from
				providing testimonial or other evidence of its membership's position on any
				application at the invitation of the Board or other party, subject to Sections
				205.95 and
				205.100
				evidentiary rules and cross examination. Permission to an organization to
				provide testimony under this Section shall not make that organization a party
				or confer any of the rights of a party on that organization. In addition to the
				parties named in this Section, the Board may request that the Attorney General
				of the State of Illinois participate as a party to the License Hearing (see
				230 ILCS
				5/16(e) ).
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.75 - Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall
			 notify all parties of the name and address of all applicants for an
			 organization license.
b) Each
			 applicant shall serve on all other applicants of the same breed and the Board,
			 on such date and time as ordered by the Board:
1) The name and address of any witness who
			 may be reasonably expected to testify on behalf of the party, together with a
			 brief summary of the subject matter of each witness' anticipated
			 testimony;
2) All documents,
			 reports, summaries, tables, comparisons (i.e., attendance figures, handle
			 comparisons, purse earnings and purse distributions), and all other materials,
			 including videotape, DVD, film, and/or computer presentations the party intends
			 to introduce into evidence at the hearing. The party's burden of production
			 includes those documents the applicant reasonably expects to introduce into
			 evidence; and
3) A complete copy of
			 its application and supporting documents.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.80 - Pre-Hearing Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Upon written notice by the Board or its duly appointed hearing officer, the
			 parties may be directed to appear at a specified date, time and place for a
			 conference for the purposes of considering an agreement among applicants as to
			 the award of racing dates (see
			 230 ILCS
			 5/21(b) ).
b) If an agreed dates schedule is not
			 reached, the Board or the hearing officer shall enter an order addressing
			 preliminary matters, including but not limited to:
1) stipulation to matters not in
			 dispute;
2) procedural matters at
			 the hearing;
3) order of
			 witnesses;
4) deadline for mutual
			 exchange between applicants of the same breed of prepared testimony or exhibits
			 and applications;
5) scheduling of
			 pre-hearing motions; and
6) any
			 other matters to facilitate expeditious conduct of the License Hearing and
			 disposition of the proceeding.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.85 - Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
The Chairman of the Board may preside over any hearings or
				pre-hearing conference in accordance with this Part, or the Chairman may
				appoint a Board member or an Illinois licensed attorney as a hearing officer to
				conduct any hearings or pre-hearing conference in accordance with this Part.
				The hearing officer shall perform such duties as provided in
				230 ILCS
				5/14(a) and 14 a.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.90 - Filing and Service of Motions

Current through Register Vol. 48, No. 28, July 12, 2024
Any party filing a motion shall serve 15 copies of the motion
				on the Board and shall also serve a copy on each of the other parties. Service
				shall be by messenger, overnight delivery, facsimile or in person. Applicants
				applying for organization licenses at the same race track may file motions to
				consolidate parties for the purpose of consolidating evidence and testimony.
				The deadline for filing motions shall be determined by the Board at the
				pre-hearing conference.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.95 - Evidence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Evidence shall
			 be received by way of direct and cross examination of witnesses and
			 introduction of documentary evidence subject to the rules of
			 evidence.
b) The Chairman of the
			 Board, or a Board member appointed by the Chairman, who is a licensed Illinois
			 attorney, shall decide all evidentiary objections and questions of evidence
			 raised at the License Hearing, subject to de novo review by the Board. The
			 Chairman or Board member appointed to rule on matters of evidence may seek the
			 advice of the other members of the Board on evidentiary issues at his/her
			 discretion. Any evidence ruled inadmissible may be submitted as an offer of
			 proof.
c) The rules of evidence
			 shall be applied liberally. Any relevant evidence may be admitted and shall be
			 sufficient in itself to support a finding if it is the sort of evidence on
			 which reasonably prudent persons are accustomed to rely in the conduct of
			 serious affairs. The Board or its appointed hearing officer shall exclude
			 immaterial, irrelevant and repetitious evidence.
d) The rules of evidence shall apply only to
			 the parties. The Board may rely on technical and/or scientific facts within the
			 Board's specialized knowledge. Nothing in this subsection shall be deemed to
			 diminish the ability of the Board to enter documentary or testimonial evidence
			 in its own discretion.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.100 - License Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The License Hearing shall commence on the date fixed by the Board during the
			 last 15 days of September of the year prior to the applicable racing
			 dates.
b) The Board shall conduct,
			 and the Chairman or the duly appointed hearing officer shall preside over, the
			 License Hearing. Any testimony shall be given under oath or
			 affirmation.
c) Cases shall be
			 presented by category of breed. Applicants for one breed may proceed in
			 alphabetical order, or reverse alphabetical order, as determined by the
			 Chairman.
d) Board members may
			 question any applicant or witness during the course of or following
			 testimony.
e) Each party may
			 conduct adverse examination of witnesses according to the rules of evidence
			 applicable for cross and redirect examination in the Circuit Court of Cook
			 County, Illinois for non-jury trials and as provided in Section 10-40 of the
			 IAPA [5 ILCS 10/10-40 ].
f) At this
			 meeting, the Board will announce the award of racing dates, live racing
			 schedule and designation of host track to the applicants and its approval or
			 disapproval of each application. [230 ILCS
			 5/20(e) ]
g) The Chairman or hearing officer may limit
			 the time allotted to parties for both direct and cross examination, if the
			 examination of witnesses would unduly obstruct the award of an organization
			 license within the time allotted in Section 20(e) of the Act [230 ILCS
			 5/20(e) ].
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.110 - Disqualification of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever any party believes a hearing
			 officer or any Racing Board member should be disqualified, for bias, prejudice,
			 conflict of interest or any other reason, from conducting, or continuing to
			 conduct, a License Hearing, that party may file with the Racing Board a motion
			 to disqualify the hearing officer or Board member, setting forth the alleged
			 grounds for disqualification. A party shall file such a motion promptly upon
			 learning of any grounds for disqualification. The motion shall be filed as
			 provided in Section
			 205.90.
			 The Board shall enter a written ruling on the motion within 3 days after the
			 date on which the motion is filed.
b) A hearing officer or Board member may
			 recuse himself or herself from presiding at a License Hearing.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.120 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) After service of the notice of the License
			 Hearing on the parties, and until such time a formal written Dates Order is
			 executed by the Board, any communication, directly or indirectly, in connection
			 with any matter regarding the award of racing dates, between any Board member,
			 Racing Board employee or hearing officer, with any party or representative of
			 any party to the License Hearing shall be considered ex parte pursuant to
			 Section 10-60(a) of the IAPA.
b)
			 Pursuant to Section 20(e-10) of the Act [230 ILCS
			 5/20 (e-10)], ex parte communication shall be allowed
			 provided that such communications are in the best interest of racing. The
			 phrase "best interest of racing" includes, among other factors, the quality and
			 integrity of racing, public interest, State revenue and the availability of
			 wagering opportunities.
c) Pursuant
			 to Section 10-60(c) of the IAPA, any ex parte communication received by any
			 Board employee, Board member or hearing officer shall be made a part of the
			 record of the License Hearing, including all written communications, all
			 written responses to the communications and a memorandum stating the substance
			 of all oral communications and all responses made, and the identity of each
			 person from whom the ex parte communication was received.
d) Communications between Board employee and
			 the applicants pursuant to Section 21(a) of the Horse Racing Act [230 ILCS
			 5/21(a) ] regarding the correction of
			 deficiencies of the application within the prescribed 21 day time period after
			 submission of the application shall not be considered ex parte communication
			 under this Section.
e)
			 Communications regarding matters of procedure and practice, such as format of
			 applications, number of copies required, manner of service and status of
			 proceedings are not considered ex parte communication under this
			 Section.
f) Ex parte communications
			 pursuant to this Section shall not be exempt from the provisions of the Open
			 Meetings Act [5 ILCS 120 ].
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.125 - Record

Current through Register Vol. 48, No. 28, July 12, 2024
a) The transcript
			 made in connection with the hearing shall constitute the official
			 transcript.
b) The record in an
			 administrative hearing shall include:
1)
			 Applications, amended applications and exhibits;
2) All notices, motions, briefs and
			 rulings;
3) Evidence
			 received;
4) A statement of matters
			 officially noticed;
5) Past annual
			 reports;
6) Offers of proof,
			 objections and rulings;
7) Official
			 transcript;
8) Report of Findings
			 of Fact by the hearing officer, if the License Hearing is conducted by a
			 hearing officer; and
9) Ex parte
			 communications pursuant to Section
			 205.120.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.130 - Incorporation of Part 204

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated herein, or as inconsistent with this Part, the
				provisions of Sections
				204.40
				through
				204.110,
				204.130, and
				204.140
				of Title 11, Subtitle B, Chapter I of the Illinois Administrative Code shall
				apply to Licensing Hearings.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.140 - Notice to and Acceptance by Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall, within 5 days after the
			 date its formal order is executed:
1) Send
			 each applicant a copy of that executed order awarding racing dates by certified
			 mail, return receipt requested, addressed to the applicant at the address
			 stated in its application;
2) Issue
			 letters of acceptance to successful applicants for racing dates no later than 5
			 days after the date of execution of its formal order. Each applicant shall
			 submit signed acceptance letters to the Board by certified mail, return receipt
			 requested, or by personal delivery at the central office of the Board.
			 Applicants shall furnish signed acceptance letters, together with required
			 fees, to the Board no later than 10 days after receipt of the Board's executed
			 Dates Order. Acceptance letters, mailed or delivered, shall be received at the
			 central office of the Board on or before the expiration of the 10 day limit.
			 Acceptance of dates pursuant to this Section shall not abridge an applicant's
			 right to appeal.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 205 - PROCEDURES FOR LICENSE HEARINGS › Section 205.150 - Emergency Hearing to Re-award Dates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section 20(f-5) of the Act
			 [230 ILCS
			 5/20 (f-5)], the Board may conduct an emergency
			 hearing and may re-award dates if acceptance is not received from the applicant
			 in the 10 days prescribed by the Act or a license to conduct a race meeting has
			 been suspended or revoked.
b) The
			 Board shall serve notice personally or by certified or registered mail to all
			 interested parties of the date, time and place of the emergency hearing and
			 dates for filing applications and supporting documentation for the racing dates
			 in question.
c) A re-award of
			 racing dates shall be based on the criteria contained in Section 20(e-5) of the
			 Act [230
			 ILCS 5/20 (e-5)].
d) Article 10 of the Illinois Administrative
			 Procedure Act shall not apply to the conducting of an emergency hearing for the
			 reallocation of racing dates pursuant to this Section (see 230 ILCS 5/20
			 (f-5)).
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 206 - BOARD MEETINGS › Section 206.10 - Request for Board Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All persons who seek Board action shall submit a request or application to the
			 Board in writing no later than 15 calendar days before the date of the Board
			 meeting at which the request or application is to be heard. To allow for
			 distribution to the Board members and staff, copies of any additional materials
			 must be submitted to the staff at least 7 calendar days prior to the meeting.
			 Materials received after the deadline will not be accepted unless late
			 submission is approved by the Executive Director.
b) This Part shall not apply to requests for
			 hearings under 11 Ill. Adm. Code 204 or to applications for the conduct of race
			 meetings conducted pursuant to 11 Ill. Adm. Code 205.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 206 - BOARD MEETINGS › Section 206.20 - Board Meeting Agenda

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Board shall prepare for each Board meeting an agenda. The agenda shall
			 constitute notice of the matters to be heard by the Board at that meeting.
			 Copies of the agenda shall be made available free of charge to all interested
			 persons.
b) The Board may take
			 action on matters that do not appear on the agenda only if the Board finds that
			 an emergency exists and that such an emergency could not have been anticipated.
			 However, the Board shall neither amend its Dates Order (e.g., change of dates,
			 change of hours, or matters relating to purses) nor waive the applicability of
			 any of its rules or regulations unless notice of the matter appears on the
			 printed agenda.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 206 - BOARD MEETINGS › Section 206.30 - Annual Notice of Monthly Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall publish on or before January 1 its tentative
				schedule of monthly Board meetings for that calendar year. This publication,
				however, shall not preclude the Board from changing the date of a meeting when
				necessary to achieve the attendance of the maximum number of Board members. The
				Board will notify all interested parties whenever a meeting date is
				changed.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 206 - BOARD MEETINGS › Section 206.40 - Public Participation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Interested parties may submit written
			 materials on any agenda matter in advance of the Board meeting. To allow for
			 distribution to the Board members and staff, copies of all material must be
			 submitted to the staff at least 7 calendar days prior to the meeting. Materials
			 received after the deadline will not be accepted unless late submission is
			 approved by the Executive Director.
b) Interested parties wishing to speak at a
			 Board meeting on a specific agenda matter shall notify Board staff at least 7
			 calendar days prior to the meeting of their name, address and subject matter.
			 Persons shall have the right to speak before the Board during the specific time
			 specified within the agenda's order of business. Each speaker shall limit
			 his/her discussion to his/her subject and shall keep his/her presentation to
			 five minutes or less, unless extended by the Chairman.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 206 - BOARD MEETINGS › Section 206.50 - Board Members

Current through Register Vol. 48, No. 28, July 12, 2024
If a quorum of Board members is physically present at an open
				meeting, a majority of the Board may allow a Board member to attend the meeting
				telephonically if the member cannot otherwise attend because of personal
				illness or disability, employment obligations, other business of the Board, or
				a family or other emergency. In these instances, the Board member who wishes to
				attend telephonically will notify the Executive Director before the meeting,
				unless advance notice is impractical.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 208 - CHARITABLE FUNDS › Subpart A - GENERAL ADMINISTRATIVE PROVISIONS › Section 208.10 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 31.1 of the Illinois Horse Racing Act of
				  1975 [230
				  ILCS 5/31.1 ], the Illinois Racing Board (Board) shall
				  annually distribute funds collected from organization licensees pursuant to the
				  Act.
a) Applicants for such funds
				shall submit a completed application, on a form provided by the Board, no later
				than October 1 of each year. Incomplete applications shall be returned to the
				applicant, with a written explanation as to why the materials are incomplete
				and a date by which the additional materials are to be submitted. Incomplete
				applications shall not be considered.
b) Any non-profit organization that provides
				medical and family counseling and similar services to persons who reside or
				work on the backstretch of Illinois racetracks may apply for funds pursuant to
				Section 31.1 of the Act [230 ILCS
				5/31.1 ]. Each applicant must be able to document its
				not-for-profit status with a 501(c)(3) (
				26 U.S.C.
				501(c)(3) ) Internal Revenue
				Service ruling or a letter from the Illinois Attorney General's Charitable
				Trust Division containing the applicant's current registration number and
				confirming that the applicant is current in the filing of its financial
				reports.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 208 - CHARITABLE FUNDS › Subpart A - GENERAL ADMINISTRATIVE PROVISIONS › Section 208.20 - General Program Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Recipients of funding shall not deny charitable services or discriminate in the
				hiring or promotion of staff on the basis of race, sex, age, religion, national
				origin or handicap.
b) Client
				intake policies and procedures shall be set forth in writing and shall be
				available for review by the Board.
c) Personnel policies and volunteer training
				procedures shall be set forth in writing and be available for review by the
				Board.
d) Recipients of funding
				shall have rules to govern conflict of interest situations and shall
				incorporate such rules in their constitution or by-laws and publish such rules
				as agency policy. Such rules shall be available to the Board for
				review.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 208 - CHARITABLE FUNDS › Subpart A - GENERAL ADMINISTRATIVE PROVISIONS › Section 208.30 - Funding Priorities

Current through Register Vol. 48, No. 28, July 12, 2024
In considering applications for funds made pursuant to
				  Section 31.1(b) of the Act, the Board shall consider the following factors in
				  determining whether to award funding: the impact of the charitable activities
				  of the charitable organization on the racing industry; the sources of revenue
				  of the charitable organization; the character, reputation, experience and
				  financial integrity of the charitable organization; and, the extent to which
				  there exists a demonstrated need for the proposed services in the charitable
				  organization's proposed service area.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 208 - CHARITABLE FUNDS › Subpart A - GENERAL ADMINISTRATIVE PROVISIONS › Section 208.40 - Award of Charitable Funds

Current through Register Vol. 48, No. 28, July 12, 2024
No later than December 31 of each year, the Board shall
				  inform all applicants of the decision made relative to their applications and
				  shall distribute all those funds awarded. All awards are subject to the
				  availability of funds as specified in Section 31.1(a) of the
				  Act.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 208 - CHARITABLE FUNDS › Subpart B - FISCAL AND MONITORING REQUIREMENTS › Section 208.100 - Use Of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All funds awarded by the Board must be used in the manner and for the purposes
				set forth in the application which served as the basis of the Board's award.
				The recipient shall not change, modify, revise, alter, amend, or delete any
				part of the services it has agreed to provide in the application without
				written consent from the Board.
b)
				Procedures For a Modification
1) The recipient
				must notify the Board and identify the modification.
2) The recipient shall submit a written
				explanation of the circumstances requiring modification with a new proposed
				budget itemizing the requested modification.
3) The explanation shall be approved by the
				Board if the request is consistent with the original intent of the
				application.
4) The Board shall
				notify the recipient of its approval or denial of the request.
Illinois Administrative Code › Title 11 - ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING › Part 208 - CHARITABLE FUNDS › Subpart B - FISCAL AND MONITORING REQUIREMENTS › Section 208.110 - Accounting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each entity receiving funds shall establish and maintain a formal modified
				accrual accounting system in accordance with generally accepted accounting
				principles of the American Institute of Certified Public Accountants (AICPA)
				including a level of documentation, classification of entries and audit trails
				sufficient to meet the requirements of this Part.
b) All accounting entries must be supported
				by source documents, recorded in books of original entry, and posted to a
				general ledger on a monthly basis.
c) For programs funded by the Board, expenses
				are to be recorded by specific program. All expenses not funded by the Board
				may be booked in total.
d) All
				fiscal records must be maintained by the recipient for five years after the end
				of the funding period. In instances involving unresolved issues arising from an
				audit, pending litigation or tax issues, records related to those issues must
				be retained until the issues are resolved.