Illinois Administrative Code

Section 204.60 Appearances a) The appellant need not be represented by an attorney. b) Only licensed attorneys may appear before the Board in a representative capacity. c) A partnership may appear pro se by a partner. d) A corporation may appear pro se by an officer or director. …

Section 204.65 Discovery a) Upon written request served on the opposing party, a party shall be entitled to: 1) The name and address of any witness who may be reasonably expected to testify on behalf of the opposing party, together with a brief summary of the subject matter of ea…

Section 204.70 Service a) Persons filing papers with the Board shall simultaneously serve copies on all parties to the proceeding with proof of service in the manner authorized by the Civil Practice Act [735 ILCS 5/Art. II]. b) All papers required to be filed with the Board must …

Section 204.80 Subpoenas a) Subpoenas for the attendance of witnesses or for the production of books or documents may be issued by the Board upon its own motion or upon reasonable request of a party. b) Requests for subpoenas to compel the production of books or documents shall s…

Section 204.85 Proceedings for Hearings Involving Action by the Board a) The Board shall conduct a de novo hearing. Except as otherwise provided (e.g., prima facie evidence rule at Section 603.55), counsel for the Board shall have the burden of proof by a presponderance of eviden…

Section 204.90 Proceedings for Hearings Involving Action by Organization Licensees a) The burden of proof will at all times be on the organization licensee. The organization licensee shall have the responsibility of establishing just cause for its actions by a preponderance of th…

Section 205.10 Purpose The purpose of this Part is to provide procedures to govern the conduct of the License Hearing provided for in Section 20 of the Illinois Racing Act (the Racing Act) [230 ILCS 5/20], supplemental to those provided for in Part 204. This Part implements the p…

Section 205.100 License Hearing a) The License Hearing shall commence on the date fixed by the Board during the last 15 days of September of the year prior to the applicable racing dates. b) The Board shall conduct, and the Chairman or the duly appointed hearing officer shall pre…

Section 205.110 Disqualification of Hearing Officer a) Whenever any party believes a hearing officer or any Racing Board member should be disqualified, for bias, prejudice, conflict of interest or any other reason, from conducting, or continuing to conduct, a License Hearing, tha…

Section 205.120 Ex Parte Communications a) After service of the notice of the License Hearing on the parties, and until such time a formal written Dates Order is executed by the Board, any communication, directly or indirectly, in connection with any matter regarding the award of…

Section 205.125 Record a) The transcript made in connection with the hearing shall constitute the official transcript. b) The record in an administrative hearing shall include: 1) Applications, amended applications and exhibits; 2) All notices, motions, briefs and rulings; 3) Evi…

Section 205.130 Incorporation of Part 204 Except as stated herein, or as inconsistent with this Part, the provisions of Sections 204.40 through 204.110, 204.130, and 204.140 of Title 11, Subtitle B, Chapter I of the Illinois Administrative Code shall apply to Licensing Hearings.

Section 205.140 Notice to and Acceptance by Applicants a) The Board shall, within 5 days after the date its formal order is executed: 1) Send each applicant a copy of that executed order awarding racing dates by certified mail, return receipt requested, addressed to the applicant…

Section 205.150 Emergency Hearing to Re-award Dates a) Pursuant to Section 20(f-5) of the Act [230 ILCS 5/20(f-5)], the Board may conduct an emergency hearing and may re-award dates if acceptance is not received from the applicant in the 10 days prescribed by the Act or a license…

Section 205.20 Notice a) At least 30 days prior to the application deadline, the Board shall provide all current organization licensees, and any other person who has requested an application for an organization license to conduct a horse race meeting, with notice of the License H…

Section 205.30 Filing of Applications The Board shall provide to all current organization licensees, no later than July 1, an application to conduct a horse race meeting. Applications for an organization license to conduct a horse racing meeting in Illinois pursuant to the Racing…

Section 205.40 Use of Applications Applications shall state with particularity the type of license and dates sought to be awarded. Requests for licenses and dates may be made in the alternative. Applications are admissible into evidence as proof of what an applicant seeks or as a…

Section 205.50 Filing of Evidence Supporting Applications (Repealed) (Source: Repealed at 29 Ill. Reg. 20033, effective November 28, 2005)

Section 205.60 Parties Parties to the License Hearing consist of persons who have filed an application for an organization license. No other person, other than outside counsel for the parties, a witness or witnesses called by the parties pursuant to the rules of evidence, may par…

Section 205.70 Service of Application and Evidence Supporting Application (Repealed) (Source: Repealed at 29 Ill. Reg. 20033, effective November 28, 2005)

Section 205.75 Discovery a) The Board shall notify all parties of the name and address of all applicants for an organization license. b) Each applicant shall serve on all other applicants of the same breed and the Board, on such date and time as ordered by the Board: 1) The name …

Section 205.80 Pre-Hearing Conference a) Upon written notice by the Board or its duly appointed hearing officer, the parties may be directed to appear at a specified date, time and place for a conference for the purposes of considering an agreement among applicants as to the awar…

Section 205.85 Hearing Officer The Chairman of the Board may preside over any hearings or pre-hearing conference in accordance with this Part, or the Chairman may appoint a Board member or an Illinois licensed attorney as a hearing officer to conduct any hearings or pre-hearing c…

Section 205.90 Filing and Service of Motions Any party filing a motion shall serve 15 copies of the motion on the Board and shall also serve a copy on each of the other parties. Service shall be by messenger, overnight delivery, facsimile or in person. Applicants applying for org…

Section 205.95 Evidence a) Evidence shall be received by way of direct and cross examination of witnesses and introduction of documentary evidence subject to the rules of evidence. b) The Chairman of the Board, or a Board member appointed by the Chairman, who is a licensed Illino…

Section 206.10 Request for Board Action a) All persons who seek Board action shall submit a request or application to the Board in writing no later than 15 calendar days before the date of the Board meeting at which the request or application is to be heard. To allow for distribu…

Section 206.20 Board Meeting Agenda a) The Board shall prepare for each Board meeting an agenda. The agenda shall constitute notice of the matters to be heard by the Board at that meeting. Copies of the agenda shall be made available free of charge to all interested persons. b) T…

Section 206.30 Annual Notice of Monthly Meetings The Board shall publish on or before January 1 its tentative schedule of monthly Board meetings for that calendar year. This publication, however, shall not preclude the Board from changing the date of a meeting when necessary to a…

Section 206.40 Public Participation a) Interested parties may submit written materials on any agenda matter in advance of the Board meeting. To allow for distribution to the Board members and staff, copies of all material must be submitted to the staff at least 7 calendar days pr…

Section 206.50 Board Members If a quorum of Board members is physically present at an open meeting, a majority of the Board may allow a Board member to attend the meeting telephonically if the member cannot otherwise attend because of personal illness or disability, employment ob…

Section 210.10 Definitions "Act" – The Illinois Horse Racing Act of 1975. "Age" – The age of a horse shall be recognized from the first day of January of the year of foaling. "Allowance Race" – A race, other than a claiming race, for which certain weights and other conditions of …

Section 213.10 General Pursuant to Section 26(g)(13) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/26(g)(13)], qualified licensed Illinois wagering facilities are permitted to deduct an amount equal to 2% of the difference between the wagering facility's 1994 handle on Ill…

Section 213.20 Definitions "Comparative Handle Calendar Year" – the calendar year that is being analyzed for purposes of determining the recapture amount. The comparative handle calendar year is always compared to calendar year 1994. "Purse Recapture" – the amounts certified and …

Section 213.30 Estimated Purse Recapture Certification The Board shall calculate and prepare a written estimate or projection of the purse recapture amounts anticipated in the succeeding year no earlier than December 1 of the comparative handle calendar year. The Board shall prov…

Section 213.40 Purse Recapture Certification The Board shall determine and certify in writing the amounts of purse recapture authorized to be deducted from purses no later than January 31 of the year succeeding the comparative handle calendar year.

Section 213.50 Notice of Purse Recapture Certification The Board shall notify and provide the purse recapture certification to the Bureau of the Budget, four legislative leaders, Department of Agriculture, organization licensees (including those organization licensees from which …

Section 213.60 Department of Agriculture Grant Agreements The Department of Agriculture shall administer the purse recapture reimbursement and distribute those funds by an executed grant agreement between the Department of Agriculture and the organization licensees acting as cust…

Section 213.70 Distribution of the Purse Recapture Reimbursement a) The amounts to be reimbursed to the purse accounts at eligible racetracks shall be those authorized pursuant to the Board's purse recapture certification. b) The aggregate purse recapture reimbursement shall not …

Section 300.10 General a) No person shall wager after the start of a race. b) Each licensee shall provide an information window. A complete and current Board rulebook shall be available for public inspection during racing hours at each information window. c) No licensee shall per…

Section 300.100 Pari-Mutuel Complaints Illinois Racing Board complaint forms shall be made available to the public by all licensees at the information window. Upon receiving any such complaint form, the licensee shall submit a copy to the Board with a statement of the action take…

Section 300.20 Records Each licensee shall maintain records of all wagering including the opening line, subsequent odds fluctuation, the amounts wagered on each betting interest and such other information as may be required. Such records shall be delivered to the Board upon reque…

Section 300.30 Pari-Mutuel Tickets a) A valid pari-mutuel ticket shall contain the following imprinted information: 1) the name of the organization or track conducting the races; 2) the name of the licensee issuing the ticket; 3) the name of the Illinois host track; 4) a unique i…

Section 300.40 Pari-Mutuel Wagers a) All organization, intertrack and intertrack wagering location licensees shall offer the same types of pari-mutuel pools and minimum pari-mutuel prices at both manned and unmanned terminals, unless specifically restricted by Board rule (e.g., t…

Section 300.50 Pari-Mutuel Races a) Wagering shall be prohibited on more than 11 live harness races during the course of a single racing program except on Fridays, Saturdays and Sundays when wagering shall be prohibited on more than 12 live harness races, unless permission to wag…

Section 300.60 Advanced Wagering a) A licensee may permit advanced wagering on races prior to the day the race occurs. b) The host track and/or organization licensee shall submit to the State Pari-Mutuel Auditor a totalizator system report reflecting any advanced wagers from prev…

Section 300.70 Scratches or Non-Starter a) In the event a betting interest is scratched, all wagers including the scratched betting interest shall be refunded, unless otherwise provided in Board rules (e.g., second half daily double grants a consolation payoff to wagers which inc…

Section 300.80 Pools Dependent Upon Betting Interests Unless otherwise provided in Board rules, the organization licensee may prohibit: a) show wagering on all contests with five or fewer betting interests. b) place wagering on any contest with four or fewer betting interests. c)…

Section 300.90 Minimum Payoff a) In the event there is insufficient money available in the net pari-mutuel pool to return $2.20 on each winning $2 wager, the minimum payoff by the organization licensee shall be $2.10. b) In the event of a minus pool, any deficiencies shall be pai…

Section 301.10 General a) All pari-mutuel pools shall be separately and independently calculated and distributed. Takeout shall be deducted from each gross pool pursuant to the Act [230 ILCS 5]. The remainder of the monies in the pool shall constitute the net pool for distributio…

Section 301.20 Win Pools a) The amount wagered on the betting interest which finishes first is deducted from the net pool, the balance remaining being the profit; the profit is divided by the amount wagered on the betting interest finishing first, such quotient being the profit p…