Illinois Administrative Code

Section 200.30 Inspection of Tack The Board shall have the right to authorize a person or persons to enter any place within the track enclosure, or other places where horses are kept that are eligible to race at the current meetings, to inspect and examine the personal effects or…

Section 200.40 Inspections and Searches a) The Illinois Racing Board or the State Stewards investigating for violations of law or the rules and regulations of the Board shall have the power to permit persons authorized by either of them to search: 1) the person of all persons lic…

Section 200.50 Appointment of Director of Inter-Track and Simulcast Wagering a) Pursuant to Section 26(h)(12)(F) of the Act, the Board shall name and appoint a State Director of this wagering who shall be a representative of the Board and whose duty it shall be to supervise the c…

Section 204.10 Applicability a) This Part shall apply to all hearings conducted by the Board pursuant to the Act: 1) in its review of final decisions, orders, or rulings of the stewards of any race meeting; 2) in its conduct of hearings on the propriety of the ejection or exclusi…

Section 204.100 Evidence a) All witnesses testifying at hearings shall testify upon oath or affirmation. b) The Board shall consider all relevant evidence. c) The Board shall not be bound by technical rules of evidence. d) The hearing officer shall have the authority to rule upon…

Section 204.110 Stipulations Parties may stipulate to all matters not in dispute and that stipulation shall be made part of the record. (Source: Amended at 26 Ill. Reg. 10806, effective July 1, 2002)

Section 204.120 Continuances The hearing officer may, if good cause has been shown, grant a continuance at the request of any party or on his own motion. A hearing may be adjourned by the hearing officer to permit further testimony or argument. (Source: Amended at 26 Ill. Reg. 10…

Section 204.130 Closing Arguments a) The hearing officer shall allot a reasonable amount of time for closing arguments. b) The parties may with the leave of the hearing officer file briefs in lieu of closing argument. (Source: Amended at 18 Ill. Reg. 7419, effective April 29, 199…

Section 204.140 Findings of Fact and Conclusions of Law Orders of the Board disposing of contested matters upon the merits shall set forth the Board's findings of fact and conclusions of law and shall be served by certified mail. (Source: Amended at 26 Ill. Reg. 10806, effective …

Section 204.20 Requests for Hearing a) Any person aggrieved by a final ruling of the Stewards may, as a matter of right, request a Board hearing. The hearing shall be a proceeding de novo. b) All requests for hearings shall: 1) be in writing; 2) contain an address and telephone n…

Section 204.25 Requests and Proceedings for Director's Review Conference a) Any properly filed appeal concerning a ruling of the Stewards resulting in a civil penalty in an amount of $500 or less or for a disqualification based on an occurrence in the race such as interference, o…

Section 204.30 Purse Distribution Upon receipt of a request for hearing that may affect the distribution of a purse in a race, the Board shall serve notice of the hearing upon each of the owners of all other horses involved in the race as identified in the official program. (Sour…

Section 204.40 Appointment and Disqualification a) The Board shall designate a hearing officer to preside at any hearing conducted pursuant to this Part. b) Grounds for disqualification of a hearing officer shall include, but not be limited to: 1) Conflict of interest (including,…

Section 204.50 Transcripts a) A transcript shall be produced by a court reporter designated by the Board for all hearings conducted pursuant to this Part. Copies of the transcript shall be filed in the Board's principal office and made available for public inspection upon reasona…

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 205.60 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 205.75 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 208.10 Application Pursuant to Section 31.1 of the Illinois Horse Racing Act of 1975 [230 ILCS 5/31.1], the Illinois Racing Board (Board) shall annually distribute funds collected from organization licensees pursuant to the Act. a) Applicants for such funds shall submit a…

Section 208.100 Use Of Funds a) All funds awarded by the Board must be used in the manner and for the purposes set forth in the application which served as the basis of the Board's award. The recipient shall not change, modify, revise, alter, amend, or delete any part of the serv…

Section 208.110 Accounting Requirements a) Each entity receiving funds shall establish and maintain a formal modified accrual accounting system in accordance with generally accepted accounting principles of the American Institute of Certified Public Accountants (AICPA) including …

Section 208.120 Audits a) Each recipient shall have an annual audit performed at the close of its fiscal year. This audit is to be performed in accordance with generally accepted auditing standards by an independent certified public accountant registered by the State of Illinois.…

Section 208.20 General Program Requirements a) Recipients of funding shall not deny charitable services or discriminate in the hiring or promotion of staff on the basis of race, sex, age, religion, national origin or handicap. b) Client intake policies and procedures shall be set…