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-IR- Database: Indiana Register

TITLE 71 INDIANA HORSE RACING COMMISSION

Notice of Intent to Adopt a Rule
LSA Document #14-230

Under IC 4-22-2-23, the Indiana Horse Racing Commission intends to adopt a rule concerning the following:

OVERVIEW: Readopts rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. In July 2013, under IC 4-22-2.5, the Indiana Horse Racing Commission initiated the process to readopt rules in LSA Document #13-345. Under IC 4-22-2.5-4, the Indiana Horse Racing Commission received a written request to separately consider the following administrative rules. Under IC 4-22-2.5-4(b)(2), the Indiana Horse Racing Commission must now follow the procedure for adoption of administrative rules under IC 4-22-2 with respect to the following administrative. In addition, this rule adds 71 IAC 5.5-1-10.1 regarding workers' compensation. Readopts 71 IAC 1-1-52 and 71 IAC 1.5-1-50 regarding the definition of jurisdiction. Readopts 71 IAC 1.5-1-45 and 71 IAC 1-1-47 regarding the definition of horse. Readopts 71 IAC 1.5-1-52 and 71 IAC 1.5-1-53 defining maiden and maiden race. Readopts 71 IAC 1-1-42 and 71 IAC 1.5-1-38 defining financial interest. Readopts 71 IAC 1-1-105 and 71 IAC 1.5-1-100 defining substantial evidence. Readopts 71 IAC 2-7-1 and 71 IAC 2-8-1 regarding subpoenas and records. Readopts 71 IAC 3-2-3 and 71 IAC 3.5-2-3 regarding disciplinary action. Readopts 71 IAC 3.5-3-10 regarding cancellation of a race. Readopts 71 IAC 5-1-6 and 71 IAC 5.5-1-6 regarding consent to search and seizure. Readopts 71 IAC 5-1-10 regarding workers' compensation requirements. Readopts 71 IAC 5-1-12 and 71 IAC 5.5-1-12 regarding license refusals. Readopts 71 IAC 5-1-13 and 71 IAC 5.5-1-13 regarding license denials. Readopts 71 IAC 5-1-17 and 71 IAC 5.5-1-17 regarding the duration of a license. Readopts 71 IAC 5-1-25 and 71 IAC 5.5-1-27 requiring knowledge of the rules. Readopts 71 IAC 5-2-6 and 71 IAC 5.5-2-6 regarding positive tests (owners). Readopts 71 IAC 8-1-2 and 71 IAC 8.5-1-2 prohibiting foreign substances. Readopts 71 IAC 8-1-7 and 71 IAC 8.5-1-7 regarding drug classifications and penalties. Readopts 71 IAC 8-3-1 and 71 IAC 8.5-2-1 regarding laboratory reports. Readopts 71 IAC 8-3-3 and 71 IAC 8.5-2-3 regarding the selection of horses tested. Readopts 71 IAC 8-3-4 and 71 IAC 8.5-2-4 regarding taking samples. Readopts 71 IAC 8-3-5 and 71 IAC 8.5-2-5 regarding out of competition testing. Readopts 71 IAC 10-1-1 regarding hearings conducted by judges and stewards. Readopts 71 IAC 10-1-2 regarding suspensions. Readopts 71 IAC 10-2-1, 71 IAC 10-2-2, 71 IAC 10-2-3, 71 IAC 10-2-4, 71 IAC 10-2-5, 71 IAC 10-2-6, 71 IAC 10-2-7, 71 IAC 10-2-8, 71 IAC 10-2-8.1, 71 IAC 10-2-9, and 71 IAC 10-2-10 regarding due process in proceedings before the judges and stewards. Readopts 71 IAC 10-3-1, 71 IAC 10-3-2, 71 IAC 10-3-3, 71 IAC 10-3-4, 71 IAC 10-3-5, 71 IAC 10-3-6, 71 IAC 10-3-7, 71 IAC 10-3-8, 71 IAC 10-3-9, 71 IAC 10-3-10, 71 IAC 10-3-11, 71 IAC 10-3-12, 71 IAC 10-3-13, 71 IAC 10-3-14, 71 IAC 10-3-15, 71 IAC 10-3-16, 71 IAC 10-3-17, 71 IAC 10-3-18, 71 IAC 10-3-19, 71 IAC 10-3-20, and 71 IAC 10-3-21 regarding due process in proceedings before the Commission. Readopts 71 IAC 10-5-1, 71 IAC 10-5- 2, 71 IAC 10-5-3, 71 IAC 10-5-4, 71 IAC 10-5-5, 71 IAC 10-5-6, and 71 IAC 10-5-7 regarding appearances by attorneys or representatives. Questions and comments concerning the proposed rules may be sent to the Small Business Regulatory Coordinator for this rule. Statutory authority: IC 4-31-3-9.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:
Lea Ellingwood
Indiana Horse Racing Commission
1302 North Meridian Street
Suite 175
Indianapolis, IN 46202
(317) 233-3119
lellingwood@hrc.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 4-4-35-8 is:
Erik Scheub
Office of Small Business and Entrepreneurship
One North Capitol, Suite 600
Indianapolis, IN 46204
(317) 232-5679
ombudsman@osbe.in.gov
Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 4-4-35-8, specifically IC 4-4-35-8(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

Posted: 06/18/2014 by Legislative Services Agency

DIN: 20140618-IR-071140230NIA
Composed: Oct 26,2014 3:47:27AM EDT
A PDF version of this document.