N.J. Admin. Code § 13:71-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:71-2.3 - Penalties

(a) The penalties for violation of the law or the rules of the Commission shall be as follows:

1. Denial, revocation or suspension of license;

2. Monetary fines not exceeding $ 50,000 for each violation. The steward and board of judges may not impose directly a fine in excess of $ 5,000.

3. Suspension from one or more activities at one or more tracks;

4. Expulsion from racing in New Jersey;

5. Forfeiture of purse;

6. In addition to the foregoing, the Commission may impose as a condition to licensing such conditions as it shall deem appropriate to secure compliance with the rules, regulations and directives of the Commission.

(b) Any penalty of suspension from driving shall commence after a hearing before the judges and shall be served on a continuing basis. Where the term of suspension equals or is less than the normal number of scheduled live race days during a week at the track association where the infraction occurred, the continuous suspension shall be imposed as soon as practical following the hearing and on dates where live racing there occurs. Where the term of suspension exceeds the normal number of scheduled live race days during a week at the track association where the infraction occurred, the continuous suspension shall be imposed as soon as practical following the hearing and on dates so as to encompass the maximum number of live race days there possible. However, where the term of suspension cannot be imposed consistent with the formulas set forth in this subsection due to the suspension of racing at the track where the infraction occurred, or where the judges determined that the application of such formulas would otherwise not be practical, the judges shall, in their discretion, determine the continuous dates over which the suspension is to be served. There shall be exceptions for stakes, futurities, early closures or feature races during the period of suspension as set forth below:

1. The board of judges may permit a driver serving a suspension of 10 days or less to drive in a designated race during the suspension if:

i. The race has been specified as a designated race by the racing secretary of the association before the inception of the race meeting at the association;

ii. The race has been approved as a designated race by the board of judges officiating at the meeting;

iii. The driver, before the beginning of the suspension, satisfactorily demonstrates to the board of judges that the driver is scheduled to drive a horse in the designated race; and

iv. The driver agrees to serve an additional racing day of suspension in place of the day on which the driver drives in the designated race.

(c) The penalties provided above, where applicable, shall be exacted from all persons, whether licensed by the Commission or not.

N.J. Admin. Code § 13:71-2.3

As amended, R.1976 d.125, effective 4/22/1976.
See: 8 N.J.R. 47(b), 8 N.J.R. 308(a).
As amended, R.1976 d.292, effective 9/16/1976.
See: 8 N.J.R. 250(c), 8 N.J.R. 483(a).
As amended, R.1982 d.109, effective 4/5/1982.
See: 13 N.J.R. 820(a), 14 N.J.R. 347(a).
Amended by R.1993 d.484, effective 10/4/1993.
See: 25 N.J.R. 2647(b), 25 N.J.R. 4600(c).
Amended by R.2001 d.250, effective 7/16/2001.
See: 33 N.J.R. 1338(a), 33 N.J.R. 2493(c).
In (b), inserted "as set forth below:" at the end of the introductory paragraph, and added 1.
Amended by R.2004 d.156, effective 4/19/2004.
See: 35 N.J.R. 4183(a), 36 N.J.R. 1952(b).
Rewrote (a)2.