CHAPTER 3

APPEALS, PROTESTS, AND HEARINGS

 

Section 1.  Definitions.

 

(a) PETITIONER shall mean the person, group, or entity initiating action for a hearing.

 

(b) RESPONDENT shall mean the party against whom a petition is filed.

 

Section 2.  Appeals to the Commission.

 

(a) When a person or persons are fined or suspended by a steward, or when they are fined by a starter under the Commission's Pari-Mutuel Rules, they may appeal by requesting a contested case hearing before the Commission. Such request must be filed in writing at the office of the Commission within five (5) days of the date of notice of the penalty or imposition of discipline, and must set forth the basis for the appeal.

 

(b) When a Wyoming Bred Horse has its accreditation denied or suspended under Pari-Mutuel Rules, Chapter 8, Section 6, the horse's owner may appeal by requesting a contested case hearing before the Commission. Such request must be filed in writing at the office of the Commission within five (5) days of the date of notice, and must set forth the basis for the appeal.

 

 (c) An appeal from a decision of the Commission Director or a steward, to the Commission shall not affect such decision until the appeal has been acted upon by the Commission unless otherwise ordered by a Court of competent jurisdiction.

 

(d) A decision by the stewards regarding a disqualification for interference during the running of a race is final and may not be appealed to the commission.

 

(e) Appeals from the decision of the Stewards shall be governed by the Office of Administrative Hearings' Uniform Rules for Contested Case Practice and Procedure, as incorporated by Section 6 of this Chapter.

 

Section 3.  Protests.

 

(a) A protest, except a protest involving fraud, may be filed only by the owner or his authorized agent, trainer or jockey of a horse engaged in the race in which the protest is made or by a racing official of the meeting.

 

(b) A protest involving fraud may be made by any person.

 

(c) A protest, except a claim growing out of the happening in the running

 

of the race, must be made in writing, signed by the complainant and filed with the Stewards before post time of the race in question.

 

(d) Any protest over the status of an alleged maiden must be made in writing, signed by the complainant, and filed with the Stewards before the programmed post time for the race in which the protested maiden is scheduled to run.

 

(e) A protest against a horse engaged in a race and filed with the Stewards not less than sixty (60) minutes before post time, shall receive immediate consideration; and if the eligibility of the horse cannot be verified within thirty (30) minutes of post time the horse may be disqualified from starting.

 

(f) A protest against the programmed distance of a race must be made at least thirty (30) minutes before post time for that race, but nothing in this rule shall affect the rule for races run at a wrong distance as compared with the official program.

 

(g) A protest against a horse based on a happening in a race must be made to the Stewards before the placing of the horses for that race has been officially confirmed.

 

(h) If a jockey wishes to protest a happening in a race, he must notify the clerk of the scales immediately upon his arrival at the scales for weighing in.

 

(i) A person or persons lodging a protest must pay all costs and expenses incurred in determining the objection unless his objection is upheld, in which case the cost shall be paid by the offender.

 

(j) Pending the determination of a protest any money or prize won by a protested horse, or any other money affected by the outcome of the protest shall be paid to and held by the horsemen's bookkeeper until the protest is determined.

 

(k) A protest may not be withdrawn without permission of the Stewards.

 

(l) The Stewards shall keep a record of all protests and complaints and of any action taken and shall report both daily to the Commission.

 

Section 4.  Informal Steward's Hearing.

 

(a) The Board of Stewards may hold an informal steward's hearing, in lieu of a formal steward's hearing, in order to discuss an alleged or apparent violation of the Statutes or the Rules by a licensee.  Oral notice is sufficient to commence an informal hearing.  After the hearing no sanction or penalty may be imposed by the Stewards unless all affected parties agree to it. The sanction or penalty shall be final, and not subject to appeal.

 

Section 5.  Formal Steward's Hearing.

 

(a) The Stewards hearing procedure includes written reasonable notice to the licensee, delivered prior to the hearing, informing the licensee of:

 

(i) The charges against him, the possible penalties which may be imposed, and the time, date and place the hearing will be held;

 

(ii) The right to have counsel present, the right to present a defense, including witnesses for that purpose, and the right to cross-examine the Steward's witnesses if any.

 

(b) The Stewards may grant a continuance of any hearing for good cause shown.

 

(c) Failure of the licensee to appear at the time and place of the Formal Stewards' hearing will be deemed a default.  Such default will be noted in the record and taken as a waiver of the licensee's due process rights.  The Stewards may then impose penalties or make license discipline rulings against the licensee to the extent authorized by these Rules.

 

Section 6.  Incorporation by Reference.

 

(a) The Commission hereby incorporates by reference the following uniform rules:

 

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure,

adopted by the Office of Administrative Hearings and effective on July 20, 2017, found

electronically at http://gaming.wyo.gov. The Uniform Rules for Contested Case Practice and

Procedure adopted by the Office of Administrative Hearings shall govern all contested case

proceedings.

 

(b) For these rules incorporated by reference:

 

(i) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

 

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a)(i) of this section; and

 

(iii) The incorporated rules are maintained at the Wyoming Gaming Commission's office, 951 Werner Court, Suite 335, Casper, Wyoming, 82601 and are available for public inspection and copying, at no cost to the public, at the same location.