Mich. Admin. Code R. 431.1130

Current through Vol. 24-08, May 15, 2024
Section R. 431.1130 - Expulsion and ruling off by executive director

Rule 1130.

(1) The executive director, deputies, or authorized representative of the executive director may order any person, whether licensed or unlicensed, to be immediately ejected, ruled off, and excluded from the grounds, or any part thereof, by written order of expulsion or ruling off, for any of the following reasons:
(a) The person's violation of the rules promulgated under the act or the act or any successor racing laws enacted after the effective date of these rules.
(b) The person's participation in touting, the illegal solicitation of bets or wagers, bookmaking, or any other illegal wagering or gambling activity.
(c) The person's participation in any plan, scheme, or activity to avoid, or aid another in avoiding compliance with federal or state income tax laws.
(d) The person's conviction for any crime involving fraud or deception in the conduct of racing or pari-mutuel wagering or in the reporting of pari-mutuel gambling winnings to federal or state government tax authorities.
(e) The person's participation in any plan, scheme, or activity to unlawfully influence or fix the results or outcome of a race.
(f) The person's participation in any plan, scheme, or activity to misrepresent the true age, pedigree, identity, ownership, or eligibility of a horse to any of the following:
(i) The jockey club.
(ii) United States Trotting Association.
(iii) American Quarter Horse Association.
(iv) Appaloosa Horse Club.
(v) Arabian breed registry.
(vi) The executive director.
(vii) Any racing official.
(g) The person's participation in any disorderly conduct or public disturbance on the grounds which reasonably threatens the health and safety of other persons or horses.
(h) The person's participation in any plan, scheme, or activity to willfully and knowingly enter or start an unqualified or ineligible horse in a race.
(i) The person's participation in any plan, scheme, or activity to offer or receive any money, benefit, or other consideration for scratching an entry from a race.
(j) The person's participation in any plan, scheme, or activity to offer, promise, or give any gift, gratuity, money, property, or other valuable thing or benefit to any person having official duties in relation to the conduct of racing or pari-mutuel wagering with the intent or purpose of thereby influencing the action, judgment, or decision of such person with respect to any matter or question which may be brought before such person in his or her official capacity. Any person who has official duties in relation to the conduct of racing or pari-mutuel wagering who requests, accepts, or receives, or agrees to accept and receive, any gift, gratuity, money, property, or other valuable thing or benefit as consideration for acting, judging, or deciding a matter or question which is brought before him or her in his or her official capacity shall be ruled off the grounds and removed from his or her official position.
(k) The person's participation in any plan, scheme, or activity involving fraudulent practices in the conduct of racing or pari-mutuel wagering in this or any other country.
(l) The making of a bet with, or on behalf of, any jockey or driver, unless the bet is on a horse the jockey or driver is riding or driving.
(m) If the person is a jockey or driver, the acceptance of a ticket or the making of a bet on any horse other than the one he or she rides or drives; however, a jockey or driver may make a multiple wager if his or her horse is selected to finish first in all instances.
(n) The person's participation in any other activity or conduct which reasonably threatens the health and safety of other persons on the grounds or reasonably threatens or undermines public confidence in the integrity of racing or pari-mutuel wagering in this state.
(2) In all cases where the executive director, deputies, or authorized representatives of the executive director order a person to be ejected, ruled off, and excluded from the grounds, or any part thereof, a written order of expulsion or ruling off shall be issued and served on the person, giving the person notice of his or her expulsion and ruling off from the grounds and the reason for the expulsion or ruling off.

Mich. Admin. Code R. 431.1130

1985 AACS; 2021 MR 6, Eff. 3/26/2021