§ 179.94. Request for a hearing.
(a) The person ejected or refused admission to the racetrack enclosure may request a hearing before the Commission, if the request:
(1) Is in writing;
(2) Is received by the Bureau Director in the Executive Office of the Commission (Office of the Clerk) within 48 hours of receipt of the written notice of ejection or refusal of admission, or both; and
(3) Sets forth a concise statement of all grounds upon which a hearing is requested.
(b) Each Bureau Director shall review the timeliness and appropriateness of the request for a hearing. Any appeal deemed untimely shall be dismissed.
(c) A request for a stay, if any, shall be granted by the respective Bureau Director, unless the Bureau Director finds that the stay is not in the best interest of racing or presents a threat to public safety. Any stay granted shall continue until the time that the Commission renders a final written decision in the matter.
(1) An ejectee who requests a stay must provide notice of the request to the licensed racing entity that issued the notice of ejection/refusal of admission and provide proof of service of the notice to the respective Bureau Director. No stay request may be granted until 24 hours after the Bureau Director’s receipt of proof of service under this paragraph.
(2) The licensed racing entity may submit a written answer and supporting documentation in opposition to the request for a stay to the Bureau Director.
(3) All written notices, proof of service or answers to stay referenced in this subsection may be electronically filed with the Bureau Director after the initial appeal request.
(d) No appeal shall be granted or heard regarding the purported denial of horse entries by a licensed racing entity.
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