Minnesota Administrative Rules

7897.0130 SCHEDULE OF FINES.

Subpart 1.

Imposition of fines.

The commission may impose a civil fine upon any licensee for a violation of laws related to horse racing or the commission's rules after a determination of the severity of the violation. The stewards may impose a civil fine upon a Class C licensee.

Subp. 2.

Categories of violations.

The commission or stewards shall assign a violation to one of the following categories:

A.

A "serious violation" is a failure to comply with law or rule when the failure has a substantial adverse effect on the integrity of pari-mutuel horse racing, public welfare, health, or safety.

B.

A "violation" is any failure, other than a serious violation, to comply with a law or rule.

Subp. 3.

Assignment of categories.

In assigning a violation to a category, the commission or stewards shall consider the following factors:

A.

inherent severity of the conduct as indicated by the potential harm to person, property, or the integrity of racing;

B.

culpability of the violator;

C.

frequency of the violator's failure to comply with law or rule;

D.

actual harm caused to person, property, or the integrity of racing; and

E.

any other factors related to the seriousness of violations which the commission or stewards deem crucial to assignment as long as the same factors are considered with regard to all violators. The commission or stewards, in making a determination, shall consider both the number of factors applicable to a violation and the degree to which each applies.

Subp. 4.

Serious violations.

Violations of Minnesota Statutes, section 240.25, misrepresentation of the identity of a horse, possession of a firearm in violation of state law, and setting or attempting to set a fire on the racetrack premises, shall be deemed per se serious violations.

Subp. 5.

Amount of fines.

The fine for a serious violation of law or rule shall be $500 to $5,000. The fine for other violations shall not exceed $499. The commission may impose a fine in excess of $5,000 but no more than $200,000 against a Class A, B, or D licensee as necessary to enforce parts 7870.0430, 7870.0450 to 7870.0470, or 7870.0500.

Subp. 6.

Timetable for paying fines.

All fines imposed by the stewards or commission must be paid within 72 hours of the date of the ruling imposing the fine. Failure to pay the fine within the required time is grounds for suspension.

Statutory Authority:

MS s 240.22; 240.23

History:

9 SR 2527; 11 SR 2201; 28 SR 1482

Published Electronically:

January 27, 2005