{"data":{"id":"us-ky/krs-230.320","jurisdiction":"us-ky","citation":"KRS 230.320","heading":"Denial, revocation, or suspension of license -- Stay of imposition of","body":"stewards' decision -- Review -- Frivolous appeals.\n(1) Every license granted under this chapter is subject to denial, revocation, or\nsuspension, and every licensee or oth er person participating in Kentucky horse\nracing may be assessed an administrative fine and required to forfeit or return a\npurse, by the corporation in any case where it has reason to believe that any\nprovision of this chapter, administrative regulation, or condition of the corporation\naffecting it has not been complied with or has been broken or violated. The\ncorporation may deny, revoke, or suspend a license for failure by the licensee or\nother person participating in Kentucky horse racing to pay an admi nistrative fine\nimposed upon the licensee by the stewards or the corporation. The corporation, in\nthe interest of honesty and integrity of horse racing, may promulgate administrative\nregulations under which any license may be denied, suspended, or revoked,  and\nunder which any licensee or other person participating in Kentucky horse racing\nmay be assessed an administrative fine or required to forfeit or return a purse.\n(2) (a) Following a hearing by the stewards, a person who has been disciplined by a\nruling of the stewards may apply to the corporation for a stay of the ruling,\npending action on an appeal by the corporation.\n(b) An application for a stay shall be received by the president or his or her\ndesignee within ten (10) calendar days of the issuance of the stewards' ruling.\n(c) An application for a stay shall be in writing and include the following:\n1. The name, address, telephone number, and signature of the person\nrequesting the stay;\n2. A statement of the justification for the stay; and\n3. The period of time for which the stay is requested.\n(d) On a finding of good cause, the president or his or her designee may grant the\nstay. The president or his or her designee shall issue a written decision\ngranting or denying the request for stay within five (5) calendar days from the\ntime the application fo r stay is received by the president or his or her\ndesignee. If the president or his or her designee fails to timely issue a written\ndecision, then the stay is deemed granted. The president or his or her designee\nmay rescind a stay granted under this subsection for good cause.\n(e) A person who is denied a stay by the president or his or her designee, or has a\npreviously granted stay rescinded under paragraph (d) of this subsection, may\npetition the corporation to overrule the president's or designee's denial  or\nrescission of the stay. The petition shall be filed in writing with the\nchairperson of the board of directors of the corporation and received by the\nchairperson within ten (10) calendar days of the mailing of the president's or\ndesignee's denial of the stay. The petition shall state the name, address, phone\nnumber, and signature of the petitioner; a statement of justification of the stay;\nand the time period for which the stay is requested. The chairperson shall\nconvene a special meeting of the board of  directors of the corporation within\nten (10) calendar days of receipt of the petition, and the corporation shall issue\na written final order granting or denying the petition within two (2) calendar\ndays of the special meeting. If the corporation fails to timely issue a final\norder on the petition, then the stay is granted. The corporation may rescind a\nstay granted under this subsection for good cause.\n(f) A person who is denied or has a previously granted stay rescinded by the\ncorporation may file an appe al of the final written order of the corporation in\nthe Circuit Court of the county in which the cause of action arose.\n(g) The fact that a stay is granted is not a presumption that the ruling by the\nstewards is invalid.\n(3) If any license is denied, suspe nded, or revoked, or if any licensee or other person\nparticipating in Kentucky horse racing is assessed an administrative fine or required\nto forfeit or return a purse, after a hearing by the stewards or by the corporation\nacting on a complaint or by its o wn volition, the corporation shall grant the\napplicant, licensee, or other person the right to appeal the decision, and upon\nappeal, an administrative hearing shall be conducted in accordance with KRS\nChapter 13B.\n(4) The corporation may at any time order that any case pending before the stewards be\nimmediately transferred to the corporation for an administrative hearing conducted\nin accordance with KRS Chapter 13B.\n(5) (a) In an administrative appeal to the corporation by a licensee or other person\nparticipating in Kentucky horse racing, the corporation may determine in its\nfinal order that the appeal is frivolous. If the corporation finds that an appeal\nis frivolous:\n1. This fact shall be considered an aggravating circumstance and may be\nconsidered in assessing any penalty against the licensee; and\n2. The licensee or other person who raised the appeal may be required to\nreimburse the corporation for the cost of the investigation of the\nunderlying circumstances of the case and the cost of the adjudication of\nthe appeal. Costs may include but are not limited to fees paid to a\nhearing officer or court reporter, attorneys fees, and laboratory expenses.\n(b) The corporation may by administrative regulation prescribe the conditions or\nfactors by which an appeal may be determined to be frivolous.\n(6) Any administrative action authorized in this chapter shall be in addition to any\ncriminal penalties provided in this chapter or under other provisions of law.","path":["KRS Chapter 230"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56636","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:46Z","sha256":"2d45b2b7f20493f4780ee427a730c881d8f2a6bccdb08d506f3fced5244ec835","source_id":"us-ky","stale":false,"prev":"us-ky/krs-230.310","next":"us-ky/krs-230.330"},"notice":"GroundRules: Original legal text. Not legal advice."}