S.D. Admin. R. 20:04:01:13

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:04:01:13 - Procedure before stewards or racing judges

The stewards or racing judges shall impose suspensions and fines as provided in SDCL 42-7-96. If the stewards or racing judges believe that a person has violated a rule, the procedure shall be as follows:

(1) The person shall be summoned before the board of stewards or judges. The state steward or presiding state judge shall conduct the hearing and submit all reports required because of the hearing;

(2) Written notice of the hearing shall be given to the person at the permanent address listed by the licensee. If the certified letter is claimed, unclaimed, or refused, reasonable notice is considered to be given;

(3) No penalty may be imposed until such a hearing is held;

(4) The hearing shall be held as scheduled if the summoned person after reasonable notice does not appear;

(5) If a steward or judge is disqualified for any reason, the executive secretary or, in his absence, the chief state judge or steward shall appoint a replacement judge or steward;

(6) The hearing may from time to time be recessed, but a decision must be made and announced at the conclusion of the hearing; and

(7) If a penalty or discipline is imposed under this article, all persons penalized or disciplined must be notified of their right to an appeal to the commission pursuant to § 20:04:01:15.

S.D. Admin. R. 20:04:01:13

4 SDR 7, effective 8/14/1977; 5 SDR 87, effective 4/15/1979; 6 SDR 77, effective 2/3/1980; 9 SDR 122, effective 3/31/1983; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 16 SDR 129, effective 2/4/1990; 18 SDR 9, effective 7/23/1991; 19 SDR 21, effective 8/20/1992.

General Authority: SDCL 42-7-56(2).

Law Implemented: SDCL 42-7-56(2).