(d)

1. (1) Complaints against an official or officials shall be made to the stewards in writing, signed by the complainant or complainants.
2. (2) Complaints charging any infraction of any law of the State of Arkansas or rule of the commission may be made by any person, but if the complainant is an owner, trainer, or authorized agent and if he or she fails to substantiate the charge, he or she may be liable for a fine, suspension, or any other appropriate sanction.
3. (3) All such complaints shall be reported to the commission, together with the action taken on them by the stewards.

(f)

1. (1) Stewards may exclude from all places under their control any person who has been excluded by the appropriate horse racing authority of any other state, territory, or country from racing facilities located in such other state, territory, or country.
2. (2) Stewards may decline to license, or may suspend any license theretofore granted to, and may exclude any person who they find has violated any of this part, provided any such suspension and exclusion shall be for a period not exceeding the license year and may fine any such licensee any amount up to and including two thousand five hundred dollars ($2,500).
3. (3) All fines shall be paid to the commission.
4. (4) If the stewards are of the opinion that the violation or violations involved warrant greater punishment, they shall so report to the commission.
5. (5) The stewards shall make daily reports in writing to the commission of the rulings.

(g)

1. (1) When any licensee, horse, or stable is suspended by the stewards, such suspension shall immediately become effective on all other tracks under the jurisdiction of the commission until such time as the case in question is decided upon by the commission.
2. (2) The license of anyone ruled off of any Arkansas track for fraud or fraudulent practice, or for violation of any of the rules of racing of the commission shall thereby be revoked.
3. (3) When a person is ruled off for any fraudulent practice in relation to a particular horse wholly or partly belonging to him or her, he or she shall return all money or prizes that such horse has fraudulently won.

4. (4)

   1. (A) Fines must be paid within forty-eight (48) hours.
   2. (B) Delinquents may be summarily suspended.
   3. (C) All fines shall be collected by the commission.
   4. (D) An unpaid fine may not be rescinded by the stewards except with the approval of the commission.

(h)

1. (1) No racing official other than the stewards and the commission shall have the authority to impose a fine or suspension for violation of the rules or state law.
2. (2) In instances where the individual rule does not specify the amount of the fine, the stewards may impose a fine in the amount of two thousand five hundred dollars ($2,500), and the commission may impose fines in the amount authorized by Arkansas law.

(m)

1. (1) An appeal from any action, proceeding, or decision of a racing official or franchise holder shall not serve to stay or otherwise affect such action, proceeding, or decision until the appeal has been acted upon by the commission, unless otherwise ordered by the commission or by a court of competent jurisdiction.

2. (2)

   1. (A) An appeal from any action, proceeding, or decision of a racing official or franchise holder, hearings on misconduct of jockeys, owners, or trainers, applications for franchises, licenses, or dates to conduct race meetings, and similar matters shall be heard by the commission at an informal hearing on not less than twenty-four (24) hours' notice.
   2. (B) Minutes of said hearings shall be kept by the commission, which minutes need not be verbatim.

3. (3) All other hearings conducted by the commission shall be formal hearings and governed by the following practices and procedures:

   1. (A) Pleadings.

(i) Pleadings before the commission shall be by application or complaint, answer, motion, and reply.

1. (ii) All pleadings shall be typewritten and unless otherwise required by law, filed in duplicate with one (1) additional copy mailed to each member of the commission at his or her address of record;

   1. (B) Transcript.

      1. (i) The proceedings shall be reported and transcribed by a qualified court reporter.
      2. (ii) However, a transcript of the proceedings shall be made at the expense of the commission only if directed by the chair or any two (2) commission members.
      3. (iii) Minutes of the proceedings shall be maintained by the commission and need not be verbatim; and
   2. (C) Notice. Except as otherwise provided by law, not less than twenty-four (24) hours' notice of the proceedings shall be served upon the applicant, all other parties, and such persons that have requested notice of the proceedings in writing, which request shall be directed to the chair of the commission.

2. (4) Formal and informal hearings shall be governed by the following practice and procedures:

   1. (A) Attorneys. Any person or party affected by the proceedings shall be entitled to represent himself or herself or be represented by an attorney at law to be retained at his or her expense, provided, however, the chair may prohibit an attorney from practicing before the commission on a showing that such attorney has personally engaged in conduct in violation of the laws of the State of Arkansas pertaining to thoroughbred horse racing or rules of the commission;

   2. (B) Service of complaint and notice.

      1. (i) Service of all notices and complaints shall be accomplished by sending same to such person or his or her agent for service.
      2. (ii) The complaint or notice must be sent by certified or registered United States mail addressed to the recipient, with return receipt requested, or by service by an officer authorized to serve process.
      3. (iii) A proof of service shall be filed with the commission;
   3. (C) Depositions. Upon application to the chair, the chair may cause depositions of witnesses to be taken in such manner as he may direct;
   4. (D) Public hearings. All hearings before the commission shall be open to the public;

   5. (E)

      1. (i)

(b) (b) Upon receiving the request, the chair shall issue the requested subpoena directed to the sheriff of the county of the witness's residence or any other officer authorized by law to serve process, requiring him or her to summon the person named therein to attend at a particular time and place to testify as a witness.

1. (c) (c) It may, when the chair so directs, require the witness to bring with him or her any book, writing paper, document, tape, record, or other thing under his or her control.

   1. (d) (d) The subpoena shall be served and the return made as provided by law for the circuit courts of this state.

(f) (f) The failure to appear and be sworn shall be punished as provided by law.

1. (ii) In any case not provided for by this section with regard to the issuance of subpoenas, the law of Arkansas with regard to subpoenas issued by the circuit courts of this state shall apply;

   1. (F)

      1. (i) Conduct of hearing. The chair shall have the power:

(b) (b) To administer oaths;

1. (c) (c) To rule upon all questions arising during the course of the hearing;

   1. (d) (d) To hold conferences before and during the hearing for the settlement or simplification of issues;

(h) (h) Generally, to regulate and guide the course of the pending proceeding.

1. (ii) In the absence of the chair, a majority of the remaining members of the commission may select one (1) of their number to act as chair, and the acting chair shall thereupon be authorized to discharge the duties of chair.

   1. (iii) Except as otherwise provided by law for the conduct of hearings by the commission, the hearings shall be conducted as prescribed for adjudication and rule making under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;
   2. (G) Appearance. Unless incapacitated, a person placing a claim or defending a privilege before the commission shall appear in person, and may not be excused from answering questions directed by the commission or its attorney and supplying information thereto;
   3. (H) Consolidation of issues. Hearings involving several applicants or complaints having a common issue may be joined and heard together at the discretion of the commission;

   4. (I) Action by commission.

      1. (i) All orders, findings of fact, rulings, and other formal action taken by the commission during the course of a hearing or at the conclusion thereof shall be in writing and a copy furnished to all parties and persons that have requested notice pursuant to subdivision (m)(3)(C) of this section.
      2. (ii) Any member of the commission may submit a minority or supplemental report or dissent.
      3. (iii) Orders of the commission and all pleadings and applications shall be maintained on permanent file by the commission for public inspection; and
   5. (J) Costs. The commission may tax appropriate costs to any person or party.

2. (5)

   1. (A) Any person or party shall, upon written application to the commission, be entitled to a formal hearing upon posting a bond for costs thereof.
   2. (B) The provisions of this section are severable.

3. (6) Following the hearing, the commission may, at its discretion:

   1. (A) Uphold the decision of the stewards;
   2. (B) Overturn the decision of the stewards; or
   3. (C) Reduce or increase any penalties assessed by the stewards in their ruling.