811 KAR 2:100. Disciplinary measures.

      RELATES TO: KRS 230.610-230.770

      STATUTORY AUTHORITY: KRS Chapter 13A

      NECESSITY, FUNCTION, AND CONFORMITY: To regulate conditions under which Arabian, quarter horse and appaloosa racing shall be conducted in Kentucky. The function of this administrative regulation is to outline the disciplinary powers of the stewards and commission.

      Section 1. Disciplinary Measures by Stewards. Upon the finding of a violation of these rules, or an attempted violation, on association grounds during the conduct of a meeting at which the stewards have been appointed to serve, the stewards may:

      (1) Declare ineligible for racing or disqualify in a race any horse or licensed person.

      (2) Suspend the license of any person involved in such rule violation for any length of time deemed appropriate by the stewards as in keeping with the seriousness of the rule violation.

      (3) Cause any person, licensed or unlicensed, found to have interfered with, or contributed toward the interference of, the orderly conduct of a race or race meeting, or person whose presence is found by the stewards to be inconsistent with maintaining the honesty and integrity of the sport of Arabian, quarter horse or appaloosa racing, to be excluded or ejected from association grounds or any portion of association grounds.

      (4) In the case of a license suspension, the stewards may fix in the alternative a forfeiture not to exceed $250, which sum the licensee may, if he so chooses, pay to the commission in lieu of such imposed license suspension.

      Section 2. Disciplinary Measures by Commission. Upon the finding of a violation of these rules, or an attempted violation, on any association grounds during the conduct of a race meeting in the Commonwealth, the commission may:

      (1) Declare ineligible for racing or disqualify in a race any horse or licensed person.

      (2) Deny, suspend, revoke, or declare void any license applied for or issued by the commission.

      (3) Cause any person, licensed or unlicensed, found to have interfered with, or contributed toward the interference of, the orderly conduct of a race or race meeting or any person whose presence is found by the commission to be inconsistent with maintaining the honesty and integrity of the sport of Arabian, quarter horse or appaloosa racing, to be excluded or ejected from all association grounds or any portion of any association grounds for any length of time the commission may deem the presence of such person remains inconsistent with maintaining the honesty and integrity of the sport of Arabian, quarter horse and appaloosa racing in the Commonwealth.

      (4) Upon appeal and hearing de novo of a matter determined by the stewards, the commission may reverse or revise such stewards' ruling in all respects; except as to findings of fact by the stewards as occurred during an incident to the running of a race and as to the extent of disqualification fixed by the stewards for a foul in a race.

      (5) In lieu of a license suspension or revocation, the commission may fix in the alternative a forfeiture in any amount, which sum the licensee may, if he so chooses, pay to the commission in lieu of an imposed license suspension or revocation. Such forfeitures paid to the commission shall in no event in any way accrue to the personal benefit of any commissioner or stewards. (Recodified from 812 KAR 1:100, 6-10-87.)