Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 10 - DUE PROCESS AND DISCIPLINARY ACTION › Rule 3 - Proceedings by the Commission › Section 3-20 - Administrative complaints

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31-13
Sec. 20.
(a) If the
				commission determines that a person regulated under the Act has violated the
				Act or a rule or order adopted under the Act in a manner that constitutes a
				ground for disciplinary action under the Act, the commission may assess an
				administrative penalty against that person as provided by this
				section.
(b) The commission
				delegates to the executive director the authority to prepare and issue
				administrative complaints pursuant to the Act. If, after examination of a
				possible violation and the facts relating to that possible violation, the
				executive director determines that a violation has occurred, the executive
				director shall issue an administrative complaint that states the facts on which
				the conclusion is based, the fact that an administrative penalty is to be
				imposed, the amount to be assessed, and any other proposed sanction, including
				suspension, or revocation. Furthermore, when the judges have issued a ruling
				that a violation has occurred, the executive director may issue an
				administrative complaint identifying the underlying ruling that serves as the
				basis for the administrative complaint, the fact that an administrative penalty
				is to be imposed, the additional amount to be assessed, and any other proposed
				sanction including additional suspension or revocation. The amount of the
				penalty may not exceed five thousand dollars ($5,000) for each violation. Each
				day or occurrence that a violation continues may be considered a separate
				violation. In determining the administrative penalty, the executive director
				shall consider the seriousness of the violation.
(c) Not later than the tenth day after the
				date on which the executive director issues the administrative complaint, the
				executive director shall provide a copy of the report to the person charged
				with the violation, together with a statement of the right of the person to a
				hearing relating to the alleged violation and the amount of the penalty. If
				possible, the executive director shall hand deliver the administrative
				complaint. If hand delivery is not possible, the executive director shall mail
				the administrative complaint to the person's last known address, as found in
				the commission's files, by regular mail and by certified mail, return receipt
				requested.
(d) Not later than the
				twentieth day after the date on which the executive director delivers or sends
				the administrative complaint, the person charged may make a written request for
				a hearing or may remit the amount of the administrative penalty to the
				commission. Failure to request a hearing or to remit the amount of the
				administrative penalty within the period prescribed by this subsection may
				result in a waiver of the right to a hearing on the administrative penalty as
				well as any right to judicial review. If the person charged requests a hearing,
				the hearing shall be conducted in the same manner as other hearings conducted
				by the commission pursuant to this article.
(e) If it is determined after the hearing
				that the person has committed the alleged violation, the administrative law
				judge shall give written notice to the person of the findings established by
				the hearing and the amount of the penalty and shall enter an order requiring
				the person to pay the penalty. If a party desires to appeal this order, they
				shall do so pursuant to the provisions of section 15 of this rule.
(f) Not later than the fifteenth day after
				the date on which the above order is received from the administrative law
				judge, the person charged shall pay the administrative penalty in full or
				exercise the right to appeal. If a person exercises a right of appeal, the
				amount of the penalty is not required to be paid until the fifteenth day after
				the date on which all appeals have been exhausted and the commission's decision
				has been upheld.