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Virginia Administrative Code
Title 11. Gaming
Agency 10. Virginia Racing Commission
Chapter 90. Appeals to the Commission
4/8/2020

11VAC10-90-50. Procedures for Conducting a Commission Review.

Reviews of stewards' decisions involving the outcome of a race or riding/driving infractions shall be conducted on the record of the stewards' proceedings. Riding/driving infractions are defined as any violations of the commission's regulations while riding or driving a horse in any race.

All other reviews will be de novo.

The commission shall conduct its review within 45 days of receipt of a request for a review of a denial of a permit or a disciplinary action taken by the steward or stewards. The following provisions shall apply to reviews by the commission:

1. If any commissioner determines that he has a conflict of interest or cannot accord a fair and impartial review, that commissioner shall not take part in the review.

2. The commissioners, in their discretion, may appoint an independent hearing officer to preside at the review and prepare a recommended written decision for their consideration. The commission, at its discretion, may accept the recommendation in its entirety, amend it or reject it.

3. Unless the parties otherwise agree, a notice setting the date, time and location of the review shall be sent to the person requesting the review and all other owners, trainers, jockeys and drivers who may be affected by the resulting decision at least 10 days before the date set for the review.

a. The written notice shall describe the charges, basis thereof and possible penalties.

b. The written notice shall inform each party of the right to counsel, the right to present a defense including witnesses for that purpose and the right to cross-examine any witness.

4. The proceedings shall be open to the public.

a. The proceedings shall be electronically recorded.

b. A court reporter may be used. The court reporter shall be paid by the person who requests him. If the person requesting the review elects to have a court reporter, a transcript shall be provided to the commission. The transcript shall become part of the commission's records.

5. The proceedings shall include the following:

a. The commission or hearing officer may issue subpoenas to compel the attendance of witnesses or the production of books, papers, and other relevant evidence it deems appropriate. However, nothing in this section shall be taken to authorize discovery proceedings;

b. Oaths shall be administered to all witnesses;

c. The commission may examine any witnesses;

d. Written notice shall be given to the holder of or applicant for a permit in a reasonable time prior to the review;

e. The written notice shall inform the holder of a permit of the charges against him, the basis thereof and possible penalties;

f. The holder of a permit shall be informed of his right to counsel, the right to present a defense including witnesses for that purpose, and the right to cross-examine any witnesses; and

g. The commission may grant a continuance of any review for good cause.

6. Review proceedings regarding riding or driving infractions shall be on the record of the stewards hearing and not a new hearing; therefore, presentations by both sides will be limited to arguments and comments regarding the record of the stewards hearing.

7. In conducting a review of rulings of the stewards regarding riding or driving infractions, the commission, in its discretion, may allow new evidence to be introduced which, through the exercise of reasonable diligence, could not have been obtained at the time of the stewards hearing. If the commission determines additional evidence to be introduced may affect the outcome of the case, the commission, in its discretion, may remand the case to the stewards for further review. The stewards shall consider such additional evidence as directed by the commission and, if necessary, in the stewards' discretion, will conduct a new, additional or supplemental hearing. The stewards shall then issue a new decision and order subject to commission review as herein provided.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-05 § 5, eff. September 26, 1991; amended, Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

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