1. (a) He was not, before the commencement of any proceeding against him, informed of the charges being brought against him;
2. (b) He was not permitted counsel, representation or an advisor of his choosing in any hearing before the stewards concerning the charges;
3. (c) He shows, by a preponderance of evidence, that he made every reasonable effort to protect the horses in his care from tampering by unauthorized persons; and
4. (d) He was not permitted to introduce evidence in his own behalf before any finding or ruling was made against him. Nothing herein shall require that the stewards permit cross-examination of any witness appearing before them, or issue subpoenas for the attendance of witnesses.

A trainer or other person charged with a violation of Rule 1887 of this division may defend, mitigate or appeal the charge if:

Note: Authority cited: Sections 19440 and 19580, Business and Professions Code. Reference: Sections 19440 and 19580, Business and Professions Code.

History

1. Change without regulatory effect amending section and adding new Note filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).