South Dakota Administrative Code

Rule 20:04:01:13 Procedure before stewards or racing judges. 20:04:01:13. Procedure before stewards or racing judges. The stewards or racing judges shall impose suspensions and fines as provided in SDCL 42-7-96. If the stewards or racing judges believe that a person has violated …

Rule 20:04:01:13.01 Repealed. 20:04:01:13.01. Informal consultation with executive secretary. Repealed. Source: 18 SDR 9, effective July 23, 1991; repealed, 38 SDR 101, effective December 5, 2011.

Rule 20:04:01:13.02 Procedure for disqualification hearing before stewards. 20:04:01:13.02. Procedure for disqualification hearing before stewards. If the owner, trainer, or jockey of a horse that has been disqualified by the stewards desires a formal hearing before the stewards …

Rule 20:04:01:14 Repealed. 20:04:01:14. Suspension by racing stewards or judges.Repealed. Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, ef…

Rule 20:04:01:15 Procedure on appeal to commission. 20:04:01:15. Procedure on appeal to commission. If a person disciplined under SDCL chapter 42-7 or this article desires a hearing before the commission, other than a hearing on a disqualification in the official order of finish …

Rule 20:04:01:15.01 Judicial review of commission's decision. 20:04:01:15.01. Judicial review of commission's decision. Judicial review of the commission's final action may be had by the circuit court pursuant to SDCL chapter 1-26. Source: 19 SDR 21, effective August 20, 1992. Ge…

Rule 20:04:01:16 Prohibitions on betting. 20:04:01:16. Prohibitions on betting. No commission member, officer, agent, or employee of the commission may participate in any betting authorized by this article. This section does not prohibit betting by a commission agent or employee …

Rule 20:04:01:17 Service and filing. 20:04:01:17. Service and filing. If a filing or a service of notice on the commission or executive secretary is permitted or required by this article or SDCL 42-7, the filing or notice may be delivered in person or mailed to the commission. A …

Rule 20:04:01:18 Commission action. 20:04:01:18. Commission action. The commission may take action by a mail ballot or a telephone conference call. If a telephone conference call is used, the executive secretary must participate in the call and take minutes of the commission's ac…

Rule 20:04:01:19 Complaints authorized -- Procedure following filing. 20:04:01:19. Complaints authorized -- Procedure following filing. A person claiming that a licensee has engaged or is engaging in conduct constituting grounds for disciplinary action which is not subject to the…

Rule 20:04:01:20 Dismissal of complaint. 20:04:01:20. Dismissal of complaint. After receipt of the answer to a complaint filed under § 20:04:01:19 after the time has expired to answer or after having determined that no answer is necessary, the executive secretary must examine the…

Rule 20:04:01:21 Informal consultation. 20:04:01:21. Informal consultation. If the executive secretary considers a complaint to have merit for disciplinary action, the executive secretary may consult with the licensee and the parties affected in an effort to resolve the matter sa…

Rule 20:04:01:22 Assurance of voluntary compliance. 20:04:01:22. Assurance of voluntary compliance. The executive secretary may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL 42-7 from a person who has engaged in,…

Rule 20:04:01:23 Formal proceedings. 20:04:01:23. Formal proceedings. If the executive secretary or commission decides to conduct a formal hearing after a complaint has been filed and after any informal consultation, the executive secretary must mail a formal complaint issued in …

Rule 20:04:01:24 Contents of commission complaint. 20:04:01:24. Contents of commission complaint. The commission complaint must contain the name of the licensee complained against, the name and address of the person making the complaint, the details of the complaint, and the date…

Rule 20:04:01:25 Date of hearing. 20:04:01:25. Date of hearing. The hearing must be held at a time and place convenient to all of the parties concerned. Source: 18 SDR 9, effective July 23, 1991. General Authority:SDCL 42-7-56. Law Implemented:SDCL 1-26-29, 42-7-56.

Rule 20:04:01:26 Answer. 20:04:01:26. Answer. The licensee may file an answer admitting, denying, qualifying, or explaining the allegations contained in the formal commission complaint. The answer must be filed before the date of the hearing or within 20 days after the receipt of…

Rule 20:04:01:27 Disqualification. 20:04:01:27. Disqualification. If the initial complaint was filed by a commission member, that commission member is disqualified from sitting at the hearing as a commission member and from participating in the decision made by the commission. Th…

20:04:01:28. Per diem and mileage. The commission may authorize per diem and mileage for complainants, witnesses, and affected parties at informal consultations and for complainants and witnesses at formal hearings. The per diem may not exceed the amounts authorized in SDCL 19-5-…

Rule 20:04:01:29 Final action by commission. 20:04:01:29. Final action by commission. After hearing the evidence and reaching a decision that the complaint has been proven, the commission may revoke the license, may suspend the license for a particular period of time, may issue a…

Rule 20:04:01:30 Petition for hearing. 20:04:01:30. Petition for hearing. A person aggrieved by an action of the commission, its agents or employees, or the executive secretary that was taken without a hearing may, within 30 days following the date of the action, petition the com…

Rule 20:04:01:31 Petition for review. 20:04:01:31. Petition for review. Within 10 days after receipt of a commission decision, a party to the hearing may file with the commission a petition to review its decision. The commission, in its discretion, may deny the petition, order a …

Rule 20:04:01:32 Summary suspension -- Class A violation. 20:04:01:32. Summary suspension -- Class A violation. A Class A violation includes the following: (1) Conviction of a misdemeanor involving moral turpitude or a felony; (2) A deliberate misstatement, deliberate omission, m…

Rule 20:04:01:33 Grounds for summary suspension. 20:04:01:33. Grounds for summary suspension. The commission or the executive secretary may immediately suspend for not more than 60 days the license of a licensee who is charged with a Class A violation under this chapter; who has …

Rule 20:04:01:34 Notice. 20:04:01:34. Notice. The executive secretary must deliver a notice of suspension personally or by mail to the licensee who has been suspended. The notice must state when the suspension will begin and end and must state the reasons for the suspension. Sour…

Rule 20:04:01:35 Complaint required. 20:04:01:35. Complaint required. The executive secretary must serve upon the summarily suspended licensee a formal commission complaint alleging the violation relied upon and a notice of hearing within five days after the receipt of the suspen…

Rule 20:04:01:36 Enforcement powers. 20:04:01:36. Enforcement powers. The executive secretary or an employee or agent of the commission by direction of the executive secretary may perform the following activities: (1) Inspect and examine, without notice, premises where pari-mutue…

Rule 20:04:01:37 Information to be furnished by licensee. 20:04:01:37. Information to be furnished by licensee. If a change in the ownership or financial interest in a license occurs, a licensee must report to the commission the full name and address of each person, including len…

Rule 20:04:01:38 Access to premises and production of records. 20:04:01:38. Access to premises and production of records. An applicant or licensee or an employee or agent of an applicant or licensee may not neglect or refuse to produce records or evidence or to give information o…

Rule 20:04:01:39 Summoning of licensee. 20:04:01:39. Summoning of licensee. The commission may summon any licensee or the agents or employees of the licensee to appear to testify before the commission or its agents with regard to the conduct of the licensee or the agents or emplo…

Rule 20:04:01:40 Preparation of exclusion list. 20:04:01:40. Preparation of exclusion list. The commission may establish a list of persons to be excluded or ejected from pari-mutuel wagering facilities in the state. In making the determination of persons to be excluded, the commi…

Rule 20:04:01:41 Notice to excluded persons. 20:04:01:41. Notice to excluded persons. If the name and description of any person is placed on the exclusion list, the commission shall serve notice of that action upon the person by at least one of the following means: (1) Personal s…

Rule 20:04:01:42 Notice to facilities. 20:04:01:42. Notice to facilities. The executive secretary shall provide each licensed satellite facility or other facility where pari-mutuel wagering is authorized with a copy of the list of persons to be excluded from the facility. Source:…

Rule 20:04:01:43 Failure to eject excluded persons. 20:04:01:43. Failure to eject excluded persons. A licensee's failure or refusal to eject a person who has been placed on the exclusion list from a satellite facility or other pari-mutuel wagering facility shall constitute ground…

Rule 20:04:02:01 Transferred. 20:04:02:01. Transferred to § 20:04:16:01.

Rule 20:04:02:02 Repealed. 20:04:02:02. Temporary and executed.Repealed. Source: 5 SDR 87, effective April 15, 1979; repealed, 9 SDR 122, effective March 31, 1983.

Rule 20:04:03:01 Transferred. 20:04:03:01. Transferred to § 20:04:17:01.

Rule 20:04:03:02 Transferred. 20:04:03:02. Transferred to § 20:04:17:02.

Rule 20:04:03:03 Transferred. 20:04:03:03. Transferred to § 20:04:19:01.

Rule 20:04:03:04 Transferred. 20:04:03:04. Transferred to § 20:04:17:03.

Rule 20:04:03:05 Transferred. 20:04:03:05. Transferred to § 20:04:28:01.

Rule 20:04:03:06 Transferred. 20:04:03:06. Transferred to § 20:04:17:04.

Rule 20:04:03:07 Transferred. 20:04:03:07. Transferred to § 20:04:18:09.

Rule 20:04:03:08 Transferred. 20:04:03:08. Transferred to § 20:04:19:02.

Rule 20:04:03:09 Transferred. 20:04:03:09. Transferred to § 20:04:17:05.

Rule 20:04:03:10 Transferred. 20:04:03:10. Transferred to § 20:04:17:06.

Rule 20:04:03:11 Transferred. 20:04:03:11. Transferred to § 20:04:21:01.

Rule 20:04:03:12 Transferred. 20:04:03:12. Transferred to § 20:04:17:07.

Rule 20:04:03:13 Transferred. 20:04:03:13. Transferred to § 20:04:17:08.

Rule 20:04:03:14 Transferred. 20:04:03:14. Transferred to § 20:04:29:02.