§3058 Review of Final Decisions of the Authority

Summary

If the Authority imposes a final civil penalty on a covered person, it must quickly send a notice of that penalty to the Commission in the form the Commission requires. Within 30 days after that notice is sent, the Commission or the person hurt by the penalty can ask for a new hearing before an administrative law judge (ALJ). The ALJ will hold a hearing under the Commission’s rules and decide whether the person actually did what the Authority said, whether those acts broke this law or the Commission’s anti-doping and medication control or racetrack safety rules, and whether the penalty was unfair or unlawful. The ALJ must issue a decision within 60 days after the hearing ends and may confirm, change, cancel, or send the case back for more work. That ALJ decision becomes the Commission’s decision unless the Commission or a party asks for further review. The Commission can, on its own within 30 days of the ALJ decision, or on a timely petition from the Authority or an aggrieved person, review the ALJ’s ruling. The Commission has full power to uphold, reverse, alter, or remand the decision and must review the facts and law anew. It may allow extra evidence on its own or if a party shows the evidence is important and explains why it was not given earlier. A review does not stop the penalty from taking effect unless the ALJ or the Commission orders a stay.