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.
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.