Section 69.5-01-03-08 - Stewards' summary hearings1.Violations. The stewards may take summary and immediate action when violations constitute an immediate danger to public health, safety, and welfare. If such action is taken prior to the summary hearing procedure in subsection 2, the affected licensee is entitled to a postsuspension hearing pursuant to such subdivision. The stewards may conduct summary proceedings for violations involving the following:b. The use of drugs and medication.c. Possessing a device for the injection of prohibited substances in horses.d. Suspensions under reciprocity agreements with other states.e. Acts prohibited by any of the provisions of North Dakota Century Code chapter 12.1 and any other criminal offenses prohibited by state law when by a preponderance of evidence, the stewards believe such offenses to have occurred.f. Prearranging or attempting to prearrange the outcome of a race.2.Summary hearing procedure. Stewards' hearings in respect to matters exempted from notice and hearing provisions, unless waived by the licensee, nevertheless shall provide at least the following: a. Written notice to the licensee, delivered at least three days prior to the hearing, informing the licensee of the charges against the licensee and the possible penalties which may be imposed as well as the right to counsel; the right to present a defense, including witnesses for that purpose; and the right to cross-examine the stewards' witnesses.b. The stewards may grant a continuance of any hearing set under the summary procedures authorized for good cause shown.c. Failure of a licensee to appear at any scheduled hearing shall constitute a violation of these rules.N.D. Admin Code 69.5-01-03-08
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10