Leyes De Cabotaje

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  • Publicado: 16 de diciembre de 2012
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61D-3.001 Hearings Before Stewards/Judges.
(1) Jai Alai game infractions shall be decided by the court judges. Any alleged violation of Chapter 550, F.S., at a jai alai fronton will be governed by Sections 120.569 and 120.57, F.S.
(2) Alleged violations of Chapter 550, F.S., or Chapter 61D, F.A.C., in horseracing shall be heard by a board of stewards. Each horseracing permitholder shallestablish a board of three stewards, at least one of whom shall be the state/division steward selected and hired by the division.
(3) Alleged violations of Chapter 550, F.S., or Chapter 61D, F.A.C., in greyhound racing shall be heard by the division judge.
(4) All hearings on alleged violations set forth in Section 120.80(4)(a), F.S., which are to be heard by the stewards or division judgemust be conducted pursuant to the following procedures set forth in subsections (6)-(20) below when the purpose of the hearing is to impose a fine or suspend a license. For purposes of review of a decision of the division judge or stewards, the division is hereby designated a proper party.
(5) All proceedings involving violations other than those described in Section 120.80(4)(a), F.S., whichare to be heard by the stewards or division judge shall be conducted in accordance with the applicable provisions of Chapter 120, F.S.
(6) Initiation of Proceedings.
(a) Proceedings before stewards and the division judge shall be made by written document entitled “Notice of Violation and Hearing.”
(b) Each Notice of Violation and Hearing shall contain the name and address of therespondent, a statement of the statute(s) and/or rule(s) alleged to have been violated and a brief statement of the underlying facts and the date, time and place of the hearing on the charges.
(7) Prior to a hearing for an alleged medication or drug violation, where redistribution of the purse may be involved, the stewards or division judge shall give at least five business days notice to each ownerwho may be adversely affected by the purse redistribution of the date, time, and location of the hearing.
(8) Documents. Upon request to the stewards or division judge, any respondent shall be entitled to obtain copies of all audio and video recordings, witness statements, and laboratory analyses. A respondent requesting production shall pay the actual cost of production of such material. Arespondent shall also be entitled to the names and addresses of all witnesses and investigators with information relevant to the matter(s) to be heard by the stewards or division judge.
(9) Subpoenas.
(a) Subpoenas to compel the attendance of witnesses at hearing shall be issued by the division upon the request of a party, the stewards or division judge. All requests for the issuance ofsubpoenas shall be directed to the stewards and division judge and such requests shall be forwarded to the division for issuance. The respondent requesting the subpoena shall arrange for their own service and pay all costs for the service of each subpoena.
(b) A subpoena may be served by any person authorized by law to serve process or by any person who is not a respondent and who is of majorityage. Service shall be made by delivering a copy thereof to the person named in the subpoena. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. The cost of service shall be paid by the respondent requesting the subpoena.
(10) Witnesses. All witnesses shall be sworn and subject to examination andcross-examination.
(11) Conduct of Hearing/Evidence.
(a) Oral testimony shall be taken only on oath or affirmation. Stewards and the division judge shall administer oaths and examine witnesses.
(b) Each party shall have the right to present evidence relevant to the issues; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called him to testify; and to rebut...
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