Current through Register Vol. 46, No. 19, March 20, 2024
(1) The stewards shall make decisions whether
to approve applications for occupational licenses, in accordance with the rules
and statutes.
a. Each decision denying an
application for an occupational license shall be in writing. The decision must
contain a brief explanation of the reason for the decision, including a
reference to the statute or rule serving as the basis for the
decision.
b. Rescinded lAB 2/5/03,
effective 3/12/03.
c. An applicant
for an occupational license may appeal a decision denying the application. An
appeal must be made in writing to the office of the stewards or the
commission's office in Des Moines. The appeal must be received within 72 hours
of service of the decision. The appeal must contain numbered paragraphs and set
forth the name of the person seeking review, the decision to be reviewed,
separate assignments of error, clear and concise statement of relevant facts,
reference to applicable statutes, rules or other authority, prayer setting
forth relief sought and signature, name, address, and telephone number of the
person seeking review or that person's representative, or shall be on a form
prescribed by the commission.
d.
Upon the filing of a timely and perfected appeal, the applicant has the right
to a contested case proceeding, as set forth supra in these rules.
(2) The stewards shall monitor,
supervise, and regulate the activities of occupational and pari-mutuel
racetrack licensees. A steward may investigate any questionable conduct by a
licensee for any violation of the rules or statutes. Any steward may refer an
investigation to the board of stewards upon suspicion that a licensee or
nonlicensee has committed a violation of the rules or statutes.
(3) A steward shall summarily suspend an
occupational license when a licensee has been formally arrested or charged with
a crime that would disqualify the licensee, if convicted, from holding a
license and the steward determines that the licensee poses an immediate danger
to the public health, safety, or welfare of the patrons, participants, or
animals associated with a facility licensed under Iowa Code chapter 99D or 99F.
Upon proof of resolution of a disqualifying criminal charge or formal arrest,
regardless of summary suspension of a license, the stewards shall take one of
the following courses of action:
a. If the
license was summarily suspended and the charges are dismissed or the licensee
is acquitted of the charges, the stewards shall reinstate the
license.
b. If the licensee is
convicted of the charges, the stewards shall deny the license.
c. If the licensee is convicted of a lesser
charge, it is at the discretion of the stewards whether to reinstate or deny
the license pursuant to 491-Chapter 6.
(4) The stewards may summarily suspend an
occupational license in accordance with rule 491^.47(17A).
(5) Hearings before the board of stewards
intended to implement Iowa Code section
99D.7(13)
shall be conducted under the following
parameters:
a. Upon finding of reasonable
cause, the board shall schedule a hearing to which the license holder shall be
summoned for the purpose of investigating suspected or alleged misconduct by
the license holder The license holder may request a continuance in writing for
good cause not less than 24 hours prior to the hearing except in cases of
unanticipated emergencies. The continuance need not necessarily stay any
intermediate sanctions.
b. The
notice of hearing given to the license holder shall give adequate notice of the
time, place and purpose of the board's hearing and shall specify by number the
statutes or rules allegedly violated. If a license holder, after receiving
adequate notice of a board meeting, fails to appear as summoned, the license
holder will be deemed to have waived any right to appear and present evidence
to the board.
c. The board has
complete and total authority to decide the process of the hearing. The
administrator may designate an employee to assist and advise the board of
stewards through all aspects of the hearing process. The board shall recognize
witnesses and either question the witnesses or allow them to give a narrative
account of the facts relevant to the case. The board may request additional
documents or witnesses before making a decision. The licensee has no right to
present testimony. cross-examine witnesses, make objections, or present
argument, unless specifically authorized by the board.
d. It is the duty and obligation of every
licensee to make full disclosure at a hearing before the board of any knowledge
possessed regarding the violation of any rule, regulation or law concerning
racing and gaming in Iowa. No person may refuse to testify before the board at
any hearing on any relevant matter within the authority of the board, except in
the proper exercise of a legal privilege. No person shall falsely testify
before the board.
e. Persons who
are not holders of a license or occupational license and who have allegedly
violated commission rules or statute, or whose presence at a track is allegedly
undesirable, are subject to the authority of the board and to any penalties, as
set forth in rule
491-4.7
(99D,99F).
f. The board of stewards
has the power to interpret the rules and to decide all questions not
specifically covered by them. The board of stewards has the power to determine
all questions arising with reference to the conduct of racing, and the
authority to decide any question or dispute relating to racing in compliance
with rules promulgated by the commission or policies approved for licensees,
and persons participating in licensed racing or gaming agree in so doing to
recognize and accept that authority. The board may also suspend the license of
any license holder when the board has reasonable cause to believe that a
violation of law or rule has been committed and that the continued performance
of that individual in a licensed capacity would be injurious to the best
interests of racing or gaming.
g.
The board of stewards shall enter a written decision after each hearing. The
decision shall state whether there is a violation of the rules or statutes and,
if so, shall briefly set forth the legal and factual basis for the finding. The
decision shall also establish a penalty for any violation. The board of
stewards has the authority to impose any penalty, as set forth in these
rules.
h. Rescinded lAB 9/29/04,
effective 11/3/04.
i. Upon the
filing of a timely and perfected appeal, the licensee has the right to a
contested case proceeding, as set forth supra in these rules.
(6) A steward may eject and
exclude any person from the premises of a pari-mutuel racetrack, excursion
gambling boat, or gambling structure for any reason justified by the rules or
statutes. The steward may provide notice of ejection or exclusion orally or in
writing. The steward may define the scope of the exclusion to any degree
necessary to protect the integrity of racing and gaming in Iowa. The steward
may exclude the person for a certain or indefinite period of time.
(7) The stewards shall have other powers and
duties set forth in the statutes and rules, and as assigned by the
administrator
(8) Informal
settlements. A licensee may enter into a written stipulation representing an
informed mutual consent with the stewards. This stipulation must specifically
outline the violation and the penalty imposed. Stipulations must be approved by
the board of stewards. Stipulations are considered final agency action and
cannot be appealed.
