Current through all regulations passed and filed through September 16, 2024
(A) The commission may refuse to grant,
revoke,
suspend,
or
may otherwise penalize any license under the provisions of rule
3769-2-99 of the Administrative
Code, a person to whom any of the following apply:
(1) The applicant or licensee has been
convicted of a felony within the preceding ten years;
(2) The applicant or licensee has had a
license of the legally constituted racing authority of any state, province, or nation denied, suspended, or revoked for cause within the preceding five
years;
(3) The applicant or
licensee is presently under suspension for cause of any license by the legally
constituted racing authority of any state, province, or nation;
(4) The applicant or licensee has violated or
attempted to violate any provision of Chapter 3769. of the Revised Code or the
Ohio rules of racing;
(5) The
applicant or licensee has perpetrated or attempted to perpetrate any fraud or
misrepresentation in connection with the racing or breeding of
horses;
(6) The applicant or
licensee has demonstrated financial irresponsibility by accumulating unpaid
obligations, defaulting in obligations, or
issuing drafts or checks that are dishonored or payment refused;
(7) The applicant or licensee has made any
material misrepresentation on their application for
license;
(8) The applicant or
licensee has engaged in bookmaking, touting, or
similar pursuits, or has consorted with persons
engaged in such activities;
(9) The
applicant or licensee has abandoned, mistreated, abused, neglected, or engaged in an act of cruelty to a
horse;
(10) The applicant or
licensee has engaged in conduct which is against the best interest of horse
racing;
(11) The applicant or
licensee has failed to comply with a written order or ruling of the
commission,
stewards, or
judges pertaining to a racing matter;
(12) The applicant or licensee has failed to
answer correctly under oath to the best of their
knowledge all questions asked by the commission, or its representatives,
pertaining to a racing matter;
(13)
The applicant or licensee fails to return to the permit holder any purse
monies, trophies and/or awards paid in error and/or ordered redistributed by
the commission;
(14) The applicant
or licensee will not have in their
possession on a permit premises any alcoholic beverage other than a beverage
legally sold to them through the permit holder's concession
operation;
(15) The applicant or
licensee in any way interferes with or obstructs any member of the Ohio state
racing commission, any commission employee, or
any racing official while any commissioner, commission employee, or racing official is performing
their
duties.
(B) In any
proceeding on the question of whether a licensee should be penalized under the
provisions of this rule, the commission may consider its own prior formal
actions as to the applicant or licensee as indicated by its own records. In
cases where the same applicant or licensee has previously had a hearing
conducted at their request in accordance with Chapter 119. of the
Revised Code at which such applicant was present either in person or by
counsel, the commission may consider all or any part of the evidence presented
at such previous hearing. Where the subsequent proceeding is also a public
hearing in accordance with Chapter 119. of the Revised Code, all or any part of
the transcript of such previous hearing and all or any part of any relevant
evidence received therein may be received in evidence upon submission by either
party and considered by the commission as may be appropriate in the
determination of the question before it in such subsequent hearing.
