Chapter 90. Appeals to the Commission
11VAC10-90-10. Request for review; stay.
A holder of a license or permit or a participant who wishes to contest a denial of a permit or disciplinary action of the stewards may request a review by the commission. A denial of a license or permit or disciplinary action taken by the steward or stewards shall not be stayed or superseded by the filing of a request for a review unless the commission so orders. At the written request of an aggrieved party, a stay may be granted by the chairman of the commission or a commissioner designated by the chairman. Such request shall be acted upon within 72 hours of the delivery of the written request to the executive secretary. Any granting or denial of a stay shall be effective until the next regularly scheduled meeting of the commission at which time the granting or denial or further stay shall be decided by the commission.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-05 § 1, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.
11VAC10-90-20. Where to file a request.
A request for a commission review shall be sent by certified mail or hand delivered to the general business office of the commission.
1. A request for a commission review must be submitted within 72 hours of receipt of the order being contested by the holder of or applicant for a permit, excluding Saturdays, Sundays and holidays;
2. A request for a commission review must be delivered by certified mail or by hand and will be timely only if received at the general business office of the commission by 5 p.m. on or before the date prescribed;
3. Delivery to other than the general business office of the commission or to other commission personnel is not effective; and
4. The applicant for or holder of a permit assumes full responsibility for the method chosen to file a request for a commission review.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-05 § 2, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998.
11VAC10-90-30. Content of request.
The request shall state:
1. The disciplinary action by the steward or stewards being contested;
2. The basis for the request; and
3. Any additional information the licensee, permit holder or participant may wish to include concerning the request.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-05 § 3, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.
11VAC10-90-40. Withdrawal of a request.
An applicant for or holder of a permit may withdraw a request, which has been filed with the commission, by submitting a written statement to the general business office of the commission within 72 hours of filing a request, declaring his intention to withdraw the request. The commission, in its discretion, may accept or reject a request to withdraw a request.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-05 § 4, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998.
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, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.
11VAC10-90-60. Decision by commission.
The commission's decision shall be in writing and shall be sent to the applicant for or holder of a permit by certified mail, return receipt requested. The original written decision shall be retained by the commission and become part of its records.
1. Prior to rendering its decision, the parties to the review shall be given the opportunity, on request, to submit in writing for the record proposed findings and conclusions and statements of reasons therefor.
2. If the commission has appointed a hearing officer to preside at the review, the commission shall consider the proposed written decision of the hearing officer and any exceptions filed thereto after which the commission may adopt, modify or reject the hearing officer's proposed decision.
3. The commission's decision shall briefly state the findings, conclusions, reasons, or basis therefor upon the evidence presented by the record and relevant to the basic law under which the commission is operating together with the appropriate order, permit, grant of benefits, sanction, relief or denial thereof.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-05 § 6, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998.
Forms (11VAC10-90)
Request for an Appeal to the Commission (1/98).