S.D. Admin. R. 20:04:01:13.02

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:04:01:13.02 - Procedure for disqualification hearing before stewards

If the owner, trainer, or jockey of a horse that has been disqualified by the stewards desires a formal hearing before the stewards as provided by § 20:04:28:22, the procedure for requesting such hearing shall be as follows:

(1) The request shall be in writing, signed by the person requesting the hearing and presented to the presiding steward within 48 hours of the running of the race in which the disqualification occurred;

(2) The request must set forth the reasons for requesting a hearing;

(3) The request must be accompanied by a bond in the amount of $250.00 to be forfeited in the event the person fails to appear;

(4) The stewards shall conduct a hearing within seven days of the presiding steward's receipt of the request;

(5) A copy of the stewards' written decision or order shall be signed by the presiding steward and given to the person requesting the hearing by personal service or by certified mail; and

(6) The stewards' decision or order shall constitute final agency action under § 20:04:28:22 and may be appealed to the Commission as provided by law.

S.D. Admin. R. 20:04:01:13.02

40 SDR 121, effective 1/6/2014.

General Authority: SDCL 42-7-56(13).

Law Implemented: SDCL 42-7-56(13), 42-7-96.

Suspension and fines by racing judges or stewards -- Notice and hearing Appeals -- Reference to commission, SDCL 42-7-96; Stewards to determine extent of disqualification, § 20:04:28:22.