| (a) Right to Appeal. A person aggrieved by a ruling
of the stewards or racing judges may appeal to the Commission. A person
who fails to file an appeal by the deadline and in the form required
by this section waives the right to appeal the ruling.
(b) Filing Procedure.
(1) An appeal must be in writing in a form prescribed
by the executive secretary. An appeal from a ruling of the stewards
or racing judges must be filed not later than 5:00 p.m. of the third
calendar day after the day the person is informed of the ruling by
the stewards or racing judges. An appeal from the modification of
a penalty by the executive secretary must be filed not later than
5:00 p.m. of the fifth calendar day after the person is informed of
the penalty modification. The appeal must be filed at the main Commission
offices in Austin or with the stewards or racing judges at a Texas
pari-mutuel racetrack where a live race meet is being conducted. The
appeal must be accompanied by a cash bond in the amount of $150, to
defray the costs of the court reporter and transcripts required for
the appeal. The bond must be in the form of a cashier's check or money
order.
(2) Record of Stewards'/Judges' hearing. On notification
by the executive secretary that an appeal has been filed, the stewards
or racing judges shall forward to the Commission the record of the
proceeding being appealed. A person appealing a stewards' or judges'
ruling may request a copy of the record of the hearing and the executive
secretary may assess the cost of making to the copy to the requestor.
(c) Hearing Procedure. A hearing on an appeal from
a ruling by the stewards or racing judges is a contested case and
shall be conducted by SOAH in accordance with the Rules regarding
contested cases. In an appeal, the appellant has the burden to prove
that the stewards' or racing judges' decision was clearly in error.
(d) Effect of Appeal on Fine Payment. If a person against
whom a fine has been assessed appeals the ruling that assesses the
fine, the person shall pay the fine in accordance with the Rules.
If the appeal is disposed of in favor of the appellant, the Commission
shall refund the amount of the fine.
(e) Effect of Appeal on Purse Payment. If a ruling
that affects the outcome of a race is appealed, the portion of the
purse that is involved in the appeal shall be withheld and not distributed.
The stewards or racing judges may distribute the portion of the purse
that is not involved in or affected by the outcome of the appeal.
(f) Effect of Appeal on Horse Eligibility. If an appeal
involves the official order of finish in a horse race, all horses
finishing first or declared to be the winner by the stewards carry
all penalties of eligibility until the winner is determined through
the final resolution of the appeal.
|
