Section 69.5-02-01-24 - Penalties, hearings, and appeals1. If the board of judges finds that a person has been in violation of the rules or of the directives of the board, or any proper order or direction of a judge or judges, the board of judges may, with respect to that person: a. Impose a fine not exceeding one thousand dollars;b. Suspend a license for a period not exceeding two years; c. Suspend a license indefinitely and refer the matter to the commission;d. Refer any disciplinary matter to the commission, with or without recommendations for penalty;e. Direct the forfeiture or return of purses won;f. Disqualify a horse in whole or in part; andg. Declare a race to be no contest.2. Any person affected by a decision of the board of judges may appeal such decision to the commission.3. A person who desires to appeal a decision or ruling under subsection 1 shall give notice of intent to appeal to a judge or to the commission within forty-eight horse of receipt of notice of the decision or ruling being appealed.4. A statement of appeal must be filed with the judges or the commission within eight days of filing the notice of intent to appeal, stating the grounds of appeal.5. The appellant shall in respect to the applicant's appeal deposit with the commission the sum of fifty dollars to be refundable if the appeal is allowed and to be forfeited to the commission if the applicant's appeal is disallowed.6. An appeal from a decision or ruling of the board of judges does not operate as a stay of that decision or ruling unless so directed by the commission.7. A person who is dissatisfied with a decision of the commission that was made without a hearing refusing to grant a license, suspending or revoking a license, and in respect to conduct the board considers to be contrary to the public interest, may request a hearing and review by the commission.8. In the case of: a. A referral under subdivision c or d of subsection 1; b. An appeal under subsection 2;c. A request under subsection 7; ord. A hearing called at the insistence of the commission, the commission shall set a time and place for the hearing, and give notice of the time and place set to the affected party or parties.9. With regard to such hearing, the commission shall follow the provisions of North Dakota Century Code chapter 28-32.10. Notice, for purposes of a board of judges hearing, must be deemed to have been given when: a. A person has been notified in person; orb. A written notice to the person's permanent address on the person's license application has been posted and five days have elapsed. 11. If a person, upon being notified under subsection 10 fails to appear at a hearing, the person's absence must be construed as a waiver by the person of the person's rights to a hearing.12. If the commission finds that a person has been in violation of the rules or of directives of the commission, or any proper order or direction of a judge or judges, the commission may, with respect to that person: a. Impose a fine not exceeding five thousand dollars.b. Refuse to grant, suspend, or revoke the license.c. Direct the forfeiture or return of any purses won.d. Disqualify a horse in whole or in part.e. Declare a race to be no contest.f. Expel the person from horse racing.g. Deny the person admission to the grounds of an association conducting a meeting.h. In the case of a referral or an appeal from the board of judges, vary, revoke, or confirm the decision and vary, revoke, or confirm any penalties imposed.13. If the commission dismisses an appeal, it may order the appellant to pay all or that portion of the costs of the appeal that the commission may reasonably direct, and if the costs ordered to be paid remain unpaid, the appellant must be automatically suspended until the costs are paid in full.14. The suspension of a driver for an offense not involving a corrupt or fraudulent act becomes effective not later than on the third racing day after the ruling.15. A suspension for a corrupt or fraudulent act must be made immediately upon the discovery of the corrupt or fraudulent act or takes effect immediately after the ruling, as the case may be.16. No person may make false statements concerning any racing official or licensee or other person employed in racing, use profane or indecent language, carry deadly or dangerous weapons, or disturb the peace on any racing premises governed by this article.17. No person, on the grounds of an association, may carry on or engage in gambling or related offense as set out in North Dakota Century Code chapter 12.1-28 or gaming as set out in North Dakota Century Code chapter 53-06.1.18. No person, on the grounds of an association, may carry on bookmaking or the taking of bets or solicit bets from any other person in any manner except as provided in this article.19. No person may permit a dog to enter the stable area of an association during the progress of a race meeting.20. If a fine has been imposed and remains unpaid upon the expiration of ninety-six hours after its imposition, the violator is automatically suspended until the fine is paid in full.N.D. Admin Code 69.5-02-01-24
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10