Colorado Racing Commission
1 CCR 208-1

Adopted Rule Structure for Citations 

NOTE:

This Citation package contains new definitions, new rules, and also amended rules, as noted specifically below.

ADOPTED NEW DEFINITION:

CITATION – A complete written notice, issued to a licensee by the division on an approved form and by means of which the division alleges the licensee has violated one or more Colorado racing laws or rules.

ADOPTED NEW DEFINITION:

CITATION VIOLATION LIST AND SCHEDULE OF PENALTIES -– An approved list of those particular violations of Colorado racing laws or rules, together with penalties, set according to the type of violation and, as appropriate, also according to the frequency of violation by a licensee.  With the approval of the commission, the director can establish the specific violations on the list together with their associated penalties and can change the violations or penalties on the list.

ADOPTED NEW RULE:

6.112 – The Director or the director’s designees may issue citations according to the Citation Violation List and Schedule of Penalties, whenever a citation is called for.  The director shall have the authority to rescind any citation and cancel its associated penalty, with or without prejudice, in the event that the citation has not been issued according to the provisions of the Citation Violation List and Schedule of Penalties, or has, otherwise, been inappropriately issued.  

ADOPTED AMENDED RULE:

6.120 - When the Board or a hearing officer determines, in compliance with the provisions of these Rules, that a violation of these Rules or of the Law has occurred, it has the authority to suspend a license for a period not to exceed one hundred and twenty (120) days, or to impose a fine not in excess of Five Hundred Dollars ($500), or both except as described in rule 3.437, or except as restricted in the enforcement of citations by Rule 6.124.  Licensees so suspended shall be denied all licenses and not in good standing until the terms of the boards order have been satisfied. In addition, if the Board or a hearing officer believes a more severe penalty should be imposed, it may refer the case to the Commission for further action.  A fine or suspension may not be rescinded by the Board or a hearing officer except with approval of the Commission.

ADOPTED NEW RULE:

6.124 -	When a licensee appeals a citation to the Board or to a Hearing Officer for a hearing,  the director shall review the citation under the provisions of Rule 6.112.  For any citation that the director determines should be heard on appeal, the director shall assign the appeal according to the provisions of Rule 6.300.  The division shall provide notice to the licensee according to the provisions of rule 6.310, and shall conduct the hearing pursuant to the provisions of rule 6.330.

Provided the licensee appears for the hearing, the hearing shall be on the merits to determine  whether the charged violation did occur.  If it did occur, then the ruling from the hearing shall uphold the citation in full, shall not increase the penalty, shall require the fine(s) to be  paid pursuant to rule 6.700, and shall reset the payment date based upon the date of the Ruling.  If the charged violation(s) did not occur, then the ruling from the hearing shall dismiss the citation with prejudice and cancel the associated penalty.  If the licensee fails to appear for the hearing and no continuance has been granted, the board or hearing officer shall call the case and make a record of the proceedings, the licensee’s request for an appeal hearing shall be deemed to be abandoned, the licensee shall have waived any right to a hearing forever, the original citation shall be upheld without change, and the citation’s fines ordered to be paid pursuant to Rule 6.700, with the payment date reset based upon the date of the ruling.   

ADOPTED AMENDED RULE:
  
6.230 ‑ Except in the case of exclusions as provided by Section 6.900, parties aggrieved by any action of a racing official other than the Board, shall have the right to appeal the action to the Board or a hearing officer, and shall have the right to an appeal hearing before the Board or a hearing officer.  With regard to a request for an appeal of a citation, the provisions of Rule 6.124 shall apply.

ADOPTED AMENDED RULE:

6.232 - Except as provided by Section 6.900, et seq., all requests made to the Board or a hearing officer pursuant to Section 6.230 for an appeal hearing by any party aggrieved by any action, including all requests for an appeal of a citation, of a racing official other than the Board, must be made in writing within twenty (20) days of the action appealed from unless otherwise provided by these Rules. The request shall include the grounds for the appeal. If no written appeal is made within twenty (20) days, the aggrieved person shall be deemed to have waived any right to any appeal from the action.

ADOPTED AMENDED RULE:

6.240 ‑ The Board or a hearing officer may hold hearings to determine whether violations of these Rules or of the Law have occurred; and to determine whether disciplinary action should be taken by the Board or a hearing officer against any person.  With regard to a request for an appeal  of a citation, the provisions of Rule 6.124 shall apply.