Minnesota Administrative Rules

7897.0120 DISCIPLINARY SANCTIONS.

Subpart 1.

Sanctions.

Any licensee engaging in any prohibited act as provided in parts 7897.0100 to 7897.0115, or any other violation of Minnesota Statutes, chapter 240, or the commission's rules, is subject to license suspension or revocation, the levying of a fine as provided in part 7897.0130, and having such conditions placed on the license as reasonably necessary to ensure the integrity of racing and the health, safety, and welfare of its participants. The commission or stewards may also impose such sanctions on a person whose license has expired for conduct that occurred when the license was in effect. When determining what sanction or sanctions to issue, the commission or stewards must consider the nature, chronicity and severity of the violations, and their effects on the integrity of racing and the safety and welfare of racing participants.

Subp. 2.

Exclusion from racetrack.

Any person engaging in any prohibited act as provided in part 7897.0100 is subject to exclusion pursuant to Minnesota Statutes, section 240.27, from all licensed racetracks under the jurisdiction of the commission.

Subp. 3.

Reciprocity of rulings.

The commission, its designee, or stewards may deny, suspend, or revoke a Class C license if it is found that the applicant or licensee, or any person who is an agent, employee, or associate of such applicant or licensee:

A.

is presently under suspension or his or her license has been denied or revoked for any reason by a legally constituted racing commission or gaming authority of another jurisdiction; or

B.

becomes suspended or has his or her license denied or revoked for any reason by a legally constituted racing commission or gaming authority of another jurisdiction while such licensee is licensed in Minnesota.

Before considering a licensee for reinstatement in Minnesota or granting a license to an applicant, the commission, its designee, or stewards shall require such licensee to obtain reinstatement in the original racing jurisdiction where his or her license was denied, suspended, or revoked, and to establish his or her fitness to be reinstated in Minnesota.

Subp. 4.

Effect of sanctions.

A.

An individual whose license has been denied is ineligible to apply for a license from the commission for two years.

B.

An individual whose license has been revoked is ineligible to apply for a license from the commission for five years.

C.

An individual whose license has been revoked or suspended, and has not been restored to good standing, is excluded from the grounds of all licensed racetracks under the jurisdiction of the commission.

D.

An individual who has not paid a fine levied by the commission, and has not timely appealed the fine, is ineligible to reapply for a license until the fine is paid in full.

E.

An individual whose license has been denied, revoked, or suspended, and has not been restored to good standing, may not benefit financially from racing, training, or caring for horses at a licensed racetrack. This includes but is not limited to prohibiting the transfer of ownership, training, or care of horses to any of the following without the express permission of the stewards:

(1)

a licensee related to the individual by blood, marriage, or domestic partnership;

(2)

a licensee related to the individual's spouse by blood; or

(3)

a licensee who has had a business or employment relationship with the individual in the past year.

Statutory Authority:

MS s 240.03; 240.13; 240.15; 240.16; 240.18; 240.23; 240.24; 240.25

History:

9 SR 2527; 10 SR 1908; 11 SR 2201; 41 SR 1322; 42 SR 1258

Published Electronically:

May 1, 2018