Connecticut Administrative Code › Title 12 - Taxation › 574-B - The Operation of Harness Racing › Section 12-574-B42 - Fines, suspensions, expulsions and appeals

Current through July 10, 2024
(a)
Suspension pending payment of fine
. All persons who shall have
			 been fined under these rules shall be suspended until said fine shall have been
			 paid in full, or other arrangements have been made with the
			 commission.
(b)
Notice of
			 penalty
. Written or printed notice of all fines and other penalties
			 imposed by the judges or starter shall be delivered to the person penalized,
			 notice shall be posted immediately at the office of the association, and notice
			 shall be forwarded immediately to the commission and the United States trotting
			 association by the presiding judge or clerk of the course.
(c)
Disposition of fine
. All
			 fines which are collected shall be reported and paid to the state of
			 Connecticut by the close of the next banking day.
(d)
Suspension for less than ten days,
			 completing engagement
. Where the penalty is for a driving violation and
			 does not exceed in time a period of ten racing days, the driver may complete
			 the engagement of all horses declared in before the penalty becomes effective.
			 Such driver may drive in stakes, futurities, early closing, and feature races,
			 during a suspension of ten days or less, but the suspension will be extended
			 one day for each date he drives in such a race. All suspensions shall apply to
			 racing days.
(e)
Meaning of
			 suspension or revocation
. Whenever the penalty of suspension or
			 revocation is imposed, it shall mean unconditional exclusion and
			 disqualification from time of receipt of written notice from any participation,
			 either directly or indirectly, in the privileges and uses of the course and
			 grounds of an association during the progress of a race meeting unless
			 otherwise specifically limited when such penalty is imposed. A suspension,
			 revocation or denial of a license or expulsion of either a husband or wife may
			 apply in each instance to both the husband and wife. The penalty becomes
			 effective when notice is given unless otherwise specified.
(f)
Competition by horse owned or
			 controlled by a person under penalty
. No horse shall have the right to
			 compete while owned or controlled wholly or in part by a suspended, expelled,
			 disqualified or excluded person. An entry made by or for a person or of a horse
			 suspended, expelled or disqualified, shall be held liable for the entrance fee
			 thus contracted without the right to compete unless the penalty is removed. No
			 suspended, disqualified or excluded person shall drive, nor shall a suspended
			 or disqualified horse perform in a race.
(g)
Association permitting suspended
			 person or disqualified horse to compete
. No association shall permit a
			 suspended, disqualified or excluded person to drive in a race, or a suspended,
			 or disqualified horse to start in a race or a performance against
			 time.
(h)
Fraudulent transfer
			 of horse
. The fraudulent transfer of a horse by any person or persons
			 under suspension in order to circumvent said suspension, shall constitute a
			 violation.
(i)
Notice of
			 exclusion
. Whenever a person is excluded from a track by an association,
			 the commission shall be notified. The commission, in turn, shall notify all
			 other associations in the state and shall notify the United States trotting
			 association.
(j)
Employment
			 or retention of excluded person
. No expelled, suspended, disqualified or
			 excluded person shall act as an officer of an association. An association shall
			 not, after receiving notice of such penalty, employ or retain in its employ an
			 expelled, suspended, disqualified or excluded person at or on the track during
			 the progress of a race meeting.
(k)
Stay of enforcement
. In certain circumstances, described below,
			 the commission may grant a stay to any person licensed by it, pending appeal,
			 who is affected by any decision of, or penalty, imposed by an official or
			 officials at a race meeting.
(1) The appeal
			 will be filed on form called a "notice of appeal and request for a stay"
			 provided by the commission or upon presentation of a similar request in
			 writing. The stay, if granted, will be at such a time or for such a duration
			 designated by the commission. The commission may require the posting of
			 security, which may be withheld in whole or in part if the appeal was frivolous
			 or without foundation.
(2) The
			 appeal must be filed within ten (10) days after the decision or penalty from
			 which the appeal is taken. It shall be filed at the office of the presiding
			 judge. The presiding judge shall present a copy of the "notice of appeal and
			 request for a stay" to the commission on the day received. The commission shall
			 convene a committee of three (3) commissioners to act on the request for a stay
			 as soon as practical after receipt of the request. In no event shall the
			 commission act later than seven (7) days from the receipt of the
			 stay.
(3) The reasons stated in the
			 appeal must be specific.