(a) The commission may adopt rules under IC 4-22-2 to delegate to the judges of racing meetings under the jurisdiction of the commission the power to conduct disciplinary hearings on behalf of the commission. The judges shall give at least twelve (12) hours notice of any such hearing. The judges, on behalf of the commission, may impose one (1) or more of the following sanctions against a licensee who violates this article or the rules or orders of the commission:
- (1) A civil penalty not to exceed five thousand dollars ($5,000).
- (2) A temporary order or other immediate action in the nature of a summary suspension if a licensee's actions constitute an immediate danger to the public health, safety, or welfare.
(3) Suspension of a license held by the licensee for not more than three (3) years. The suspension of a license under this subdivision is:
- (A) valid even though the suspension extends beyond the period of the racing meeting for which the judges have been appointed; and
- (B) effective at all other racing meetings under the jurisdiction of the commission.
- (4) A rule that a person must stay off the premises of one (1) or more permit holders if necessary in the public interest to maintain proper control over recognized meetings.
(5) Referral of the matter to the commission for its consideration.
However, at least two (2) of the judges at a racing meeting must concur in a suspension or civil penalty.
- (b) Unless a suspension of a license or the imposition of a civil penalty under this section is appealed by the person sanctioned not more than fifteen (15) days after being sanctioned, the suspension of a license or the imposition of a civil penalty under this section must occur within three hundred sixty-five (365) days after the date of the violation.
- (c) A suspension or civil penalty under this section may be appealed to the office of administrative law proceedings under IC 4-15-10.5 . IC 4-21.5 applies to an appeal under this section. The commission has the burden of proving an alleged violation by a preponderance of the evidence.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992, SEC.44; P.L.50-1995, SEC.11; P.L.210-2013, SEC.10; P.L.152-2025, SEC.13; P.L.153-2026, SEC.12.