PURPOSE: This rule defines the authority of the judges to hold summary hearings and to prescribe the procedure for those hearings.

1. (1) The judges may conduct summary proceedings for the violation of any rule or statute involving pari-mutuel wagering except the following:

   1. (A) Violations of the rules concerning the application for Class A licenses;
   2. (B) Violations of the rules concerning the application for Class B licenses;
   3. (C) Violations of the rules concerning application for Class D licenses; and
   4. (D) Reporting requirements for ownership interests required by section 313.600.

2. (2) Procedure for Summary Hearings. Judges’ hearings shall provide the following notice unless waived by the licensee:

   1. (A) Written notice to the licensee delivered as soon as possible after the date and time of the hearing has been set. The notice shall contain—

      1. 1. The charges alleged against the

licensee;

1. 2. The possible penalties which may be

imposed;

1. 3. The date and time of the hearing;
2. 4. The place of the hearing; and
3. 5. A statement that the party charged

may be represented by legal counsel or by a representative of any racing trade organization of which s/he is a member;

1. (B) The testimony of all witnesses questioned by the judges shall be recorded by one (1) of the following methods:

   1. 1. Written and signed statements;
   2. 2. Tape recorders; and
   3. 3. Affidavits;
   4. (C) The judges shall have the right to issue subpoenas as provided in section 313.550.1., RSMo (1986); and

   5. (D) If, at the conclusion of the hearing, the judges find a violation has occurred, they shall promptly issue a written ruling setting forth the full name of each and every person charged, the number of the rule or statute and subparts which have been found to have been violated and the penalty fixed by the judges for each violation.

      1. 1. Copies of the ruling shall be delivered

to each party having an interest in the proceedings, the commission and a copy shall be posted in the racing secretary’s office.

1. 2. A copy shall also be forwarded to the

office of the National Association of State Racing Commissioners and/or the U.S.T.A. as may be appropriate.

1. (3) All judges shall be present at the hearing unless one (1) judge shall be excused by the presiding judge. In no event shall a hearing take place with less than two (2) judges.
2. (4) The judges, for good cause shown, may grant a continuance of any hearing set under this rule.
3. (5) Failure of any licensee to appear at any scheduled hearing without good cause shall constitute a waiver of any right to appear and confront witnesses and shall further constitute a waiver of the licensee’s right to appeal the finding of the judges; however, the licensee may seek permission to appeal from the commission and the commission may grant an appeal if it finds that the failure to appear was for good cause.
4. (6) Any licensee summoned as a witness who fails to appear without the permission of the judges may be suspended pending his/her appearance before the judges.
5. (7) Judges’ summary hearings shall be closed to the public.

AUTHORITY: sections 313.540, 313.650.2 and 313.650.3, RSMo 1986.* Emergency rule filed July 18, 1986, effective July 28, 1986, expired Nov. 15, 1986. Original rule filed Oct. 3, 1986, effective Jan. 12, 1987.

*Original authority: 313.540, RSMo 1986; 313.650, RSMo 1986.