5-117. Ejection or exclusion from racing meeting or racetrack enclosure; due process; rules
A. Any person who is licensed pursuant to this chapter may be ejected or excluded from any racing meeting or racetrack enclosure in this state or any portion of a racing meeting or portion of a racetrack enclosure in this state if the track stewards issue a ruling that the person's participation in the racing meeting or presence at the racetrack enclosure is detrimental to the integrity of horse racing or would interfere with the orderly conduct of horse racing. A licensee may appeal the ruling to the director within five days.
B. If the director determines that the person's participation in the racing meeting or presence at the racetrack enclosure is detrimental to the integrity of horse racing or would interfere with the orderly conduct of horse racing, the ejection or exclusion shall remain in effect. The director shall make a determination within three days after the appeal is filed. Any party may appeal the determination to the commission within five days.
C. If the commission determines by majority vote in a public meeting that the person's participation in the racing meeting or presence at the racetrack enclosure is detrimental to the integrity of horse racing or would interfere with the orderly conduct of horse racing, the ejection or exclusion shall remain in effect. The commission shall make a determination within seven days after the appeal is filed. If the commission makes a determination in favor of the licensee, the licensee may return to the race meeting or racetrack enclosure.
D. The commission shall adopt rules to carry out the purposes of this section. The rules shall include procedures to ensure the due process and property rights of all parties that are involved in a determination conducted pursuant to this section, a hearing conducted pursuant to this section or an administrative review conducted pursuant to title 41, chapter 6, article 10.
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