Sec. 09.10.04.04. Appeals of Stewards' or Judges' Decisions

A. An appeal from a decision of the stewards or judges may be made to the Commission by submitting a written statement setting forth the relevant facts of the appeal to an authorized representative of the Commission or to one of the Commission offices.

B. An appeal may be made by:

(1) An owner, trainer, driver, or jockey participating in a race from a decision of the stewards or judges involving an incident in that race not later than 48 hours after the decision has been rendered;

(2) A licensee affected by a decision of the stewards or judges involving the claim of a horse not later than 48 hours after the decision has been rendered; and

(3) A licensee affected by a decision of the stewards or judges in regard to a matter not covered by §B(1) or (2) of this regulation not later than 7 days after the decision has been rendered.

C. The Commission, in its discretion, may:

(1) Modify any sanction appealed;

(2) Assess all costs of the appeal to the appellant; and

(3) Impose additional sanctions in regard to an appellant who fails to:

(a) Pursue an appeal, or

(b) Appear at the hearing on the appeal after proper notice and without good cause.

D. An appellant who appeals to the Commission from a decision of the stewards or judges for the sole purpose of obtaining a stay of the penalty imposed, or for any other reason that is considered to be frivolous, may be:

(1) Fined and suspended; and

(2) Assessed the costs of the appeal.