in-20240731-IR-071240252FNA: The Indiana Horse Racing Commission (commission) is soliciting public comment on adding rules at 71 IAC 5-7, 71 IAC 5.5-8, 71 IAC 10-6, and 71 IAC 10-7 concerning licensing fee schedules for both flat track horse racing and non-flat track horse racing, and civil penalty provisions not previously listed in regulation or statute. The commission seeks comment on the affected citations listed and any other provisions of Title 71 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-252 Sec. 1. Fees not specified elsewhere under IC 4-31 or this title for standardbred racing are specified under this rule. Sec. 2. Nomination fees deposited into the breed development fund are as follows: Sec. 3. Nomination fees deposited into the standardbred horse fund are as follows: Sec. 4. Licensing fees for individuals licensed by the commission for standardbred racing are as follows: Sec. 5. Badge fees for individuals licensed by the commission for standardbred racing are as follows: Sec. 1. Fees not specified elsewhere under IC 4-31 or this title for flat racing are specified under this rule. Sec. 2. Licensing fees for individuals licensed by the commission for flat racing are as follows: Sec. 3. Badge fees for individuals licensed by the commission for flat racing are as follows: Sec. 1. For purposes of assessing civil penalties, the commission, the commission's designee, judges, or stewards shall consider minor mitigators, minor aggravators, and major aggravators, and adjust the base violation fine by these factors. Penalty amounts may be based on a per day or per incident violation. Sec. 2. The amount of a civil penalty levied may be adjusted downward to reflect mitigating factors. Factors that may be considered are as follows: Sec. 3. The amount of a civil penalty levied may be adjusted upward to reflect minor or major aggravating factors. Factors that may be considered are as follows: Sec. 4. For purposes of this article, "ARCI penalty" means the penalties outlined in the ARCI Model Rules of Racing and ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule as defined in 71 IAC 1-1-8.1(a) and 71 IAC 1-1-8.1(b). Sec. 5 (a) Nothing in the article requires the commission or its designees to assess a civil penalty for a violation. (b) The commission or its designees may initiate any of the following enforcement actions for a violation in addition to a civil penalty: Sec. 1. (a) The following are the civil penalty base violation fines, which may be adjusted to a higher or lower amount based on mitigating or aggravating factors listed in 71 IAC 10-6-2 and 71 IAC 10-6-3: (b) The general descriptions in the table in subsection (a) are for reference only. Rule references under the legal citations in the table in subsection (a) must be referenced for violation details.