§3058 — Title 15 Commerce and Trade | U.S. Code

Summary

When the Authority puts a final civil penalty on a covered person, it must quickly send the Commission a notice in the form the Commission wants. The Commission or the person who was penalized can ask for a fresh, new review by an administrative law judge within 30 days after that notice is sent. The judge will decide if the person actually did what the Authority found, if those actions broke the law or the Commission’s approved rules, or if the penalty was unfair or not allowed. The judge must hold a hearing the way the Commission’s rules require and issue a decision within 60 days after the hearing ends. The judge can uphold, change, cancel, or send the case back for more work. The Commission can review the judge’s decision on its own within 30 days, or the Authority or the penalized person can ask the Commission to review within 30 days of the judge’s decision. The Commission chooses whether to take the review. It will look again at the facts and the law and can change, keep, or send the case back. The Commission may allow new evidence if it is important and there was a good reason it was not submitted earlier. Nothing in this review process automatically pauses the Authority’s final penalty unless the judge or the Commission orders a pause.

Title 15, §3058

Commerce and Trade — Source: USLM XML via OLRC

(a)If the Authority imposes a final civil sanction for a violation committed by a covered person pursuant to the rules or standards of the Authority, the Authority shall promptly submit to the Commission notice of the civil sanction in such form as the Commission may require.

(b)(1)With respect to a final civil sanction imposed by the Authority, on application by the Commission or a person aggrieved by the civil sanction filed not later than 30 days after the date on which notice under subsection (a) is submitted, the civil sanction shall be subject to de novo review by an administrative law judge.

(2)(A)In matters reviewed under this subsection, the administrative law judge shall determine whether—

(i)a person has engaged in such acts or practices, or has omitted such acts or practices, as the Authority has found the person to have engaged in or omitted;

(ii)such acts, practices, or omissions are in violation of this chapter or the anti-doping and medication control or racetrack safety rules approved by the Commission; or

(iii)the final civil sanction of the Authority was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

(B)An administrative law judge shall conduct a hearing under this subsection in such a manner as the Commission may specify by rule, which shall conform to section 556 of title 5.

(3)(A)With respect to a matter reviewed under this subsection, an administrative law judge—

(i)shall render a decision not later than 60 days after the conclusion of the hearing;

(ii)may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of the Authority; and

(iii)may make any finding or conclusion that, in the judgment of the administrative law judge, is proper and based on the record.

(B)A decision under this paragraph shall constitute the decision of the Commission without further proceedings unless a notice or an application for review is timely filed under subsection (c).

(c)(1)The Commission may, on its own motion, review any decision of an administrative law judge issued under subsection (b)(3) by providing written notice to the Authority and any interested party not later than 30 days after the date on which the administrative law judge issues the decision.

(2)(A)The Authority or a person aggrieved by a decision issued under subsection (b)(3) may petition the Commission for review of such decision by filing an application for review not later than 30 days after the date on which the administrative law judge issues the decision.

(B)If an application for review under subparagraph (A) is denied, the decision of the administrative law judge shall constitute the decision of the Commission without further proceedings.

(C)(i)A decision with respect to whether to grant an application for review under subparagraph (A) is subject to the discretion of the Commission.

(ii)In determining whether to grant such an application for review, the Commission shall consider whether the application makes a reasonable showing that—

(I)a prejudicial error was committed in the conduct of the proceeding; or

(II)the decision involved—

(aa)an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the Commission; or

(bb)an exercise of discretion or a decision of law or policy that warrants review by the Commission.

(3)(A)In matters reviewed under this subsection, the Commission may—

(i)affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the administrative law judge; and

(ii)make any finding or conclusion that, in the judgement of the Commission, is proper and based on the record.

(B)The Commission shall review de novo the factual findings and conclusions of law made by the administrative law judge.

(C)(i)The Commission may, on its own motion, allow the consideration of additional evidence.

(ii)(I)A party may file a motion to consider additional evidence at any time before the issuance of a decision by the Commission, which shall show, with particularity, that—

(aa)such additional evidence is material; and

(bb)there were reasonable grounds for failure to submit the evidence previously.

(II)The Commission may—

(aa)accept or hear additional evidence; or

(bb)remand the proceeding to the administrative law judge for the consideration of additional evidence.

(d)Review by an administrative law judge or the Commission under this section shall not operate as a stay of a final civil sanction of the Authority unless the administrative law judge or Commission orders such a stay.

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(2)(A)(ii), was in the original “this Act” and was translated as reading “this title”, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress.

§3058 Review of Final Decisions of the Authority

Summary

Title 15, §3058

Notes & Related Subsidiaries

Editorial Notes

References in Text

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