Section 71IAC3-2-3. Disciplinary action

   (a) The judges shall take notice of alleged misconduct or rule violations and initiate investigations into such matters.

  (b) The judges shall have authority to do the following:

(1) Charge any licensee for a violation of these rules.

(2) Conduct hearings.

(3) Impose disciplinary action in accordance with these rules.

  (c) The judges may compel the attendance of witnesses and the submission of documents or potential evidence related to any investigation or hearing.

  (d) The judges may at any time inspect license documents, registration papers, and other documents related to racing.

  (e) The judges have the power to administer oaths and examine witnesses.

  (f) The judges shall submit a written report to the commission of every inquiry and hearing.

  (g) The judges may impose, but are not limited to, any of the following penalties on a licensee for a violation of the Act or these rules:

(1) Issue a reprimand.

(2) Assess a fine.

(3) Require forfeiture or redistribution of purse or award, when specified by applicable rules.

(4) Place a licensee on probation.

(5) Suspend a license or racing privileges.

(6) Exclude from grounds under the jurisdiction of the commission.

(7) Any relief deemed appropriate.

  (h) The judges may impose any penalty or take any appropriate action against any horse for a violation or attempted violation.

  (i) The judges may:

(1) suspend a license for not more than one (1) year per violation;

(2) impose a fine not to exceed five thousand dollars ($5,000) for each violation;

(3) suspend and fine; or

(4) order that a person be ineligible for licensing.

  (j) A ruling of the judges shall not prevent the commission from imposing a more severe penalty.

  (k) The judges may refer any matter to the commission and may include recommendations for disposition. The absence of a judges' referral shall not preclude commission action in any matter.

  (l) Purses, prizes, awards, and trophies shall be redistributed if the judges or commission order a change in the official order of finish.

  (m) All fines imposed by the judges shall be paid to the commission in accordance with 71 IAC 7-5. (Indiana Horse Racing Commission; 71 IAC 3-2-3; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1128; emergency rule filed Mar 25, 1996, 10:15 a.m.: 19 IR 2071; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Dec 23, 2013, 1:43 p.m.: 20140108-IR-071130567ERA)