Thoroughbred Racing Commission
Statutory Authority: 3 Delaware Code, Section 10103 (3 Del.C. 10103)
Appeals from Decisions of the Stewards, Rule 19.03(a)
The Delaware Thoroughbred Racing Commission proposes to amend the Commission’s existing Regulations. The Commission proposes these amendments pursuant to 3 Del.C. §10103 and §10128
The Commission proposes three rule amendments which are summarized below:
1. Rule 19.03(a) would be amended to clarify that all appeals from decisions of the Stewards to the Commission must be filed with the Commission’s Administrator of Racing. Rule 19.03(h) would be amended to add a new requirement that an appeal contain a sworn, notarized statement from the appellant stating that the appeal is taken in good faith and not for purposes of delay.
2. Rule 19.06(a) would be amended to provide that all requests for continuances must be filed with the Administrator of Racing with a copy sent to counsel for the Stewards. Rule 19.06(a) would be further amended to provide that the Commission will not consider continuance requests from attorneys who have not filed an entry of appearance and provide that all out-of-state attorneys must first be admitted under the pro hac vice provision of Delaware Supreme Court Rule 72 before the Commission will consider a continuance request.
3. Rule 19.06(c) would be amended to provide the Commission will not consider any request for continuance absent good cause and failure to take reasonable action to retain an attorney will not consider good cause.
The Commission will receive written public comments from January 1, 1999 through January 30, 2000. Comments should be sent to John Wayne, Administrator of Racing, 2320 S. DuPont Highway, Dover, DE 19901. Copies of the proposed rules can be obtained from the Commission office at the above address.
19.03 Application for Review
An application to the Commission for the review of a Steward’s order or ruling must be made within forty-eight (48) hours after such order or ruling is issued by written or oral notice and shall:
(a) Be in writing and addressed to the Commission’s Administrator of Racing, accompanied by a filing fee in the amount of $250;
(b) Contain the signature of the applicant and the address to which notices may be mailed to applicant;
(c) Set forth the order or ruling requested to be reviewed and the date thereof;
(d) Succinctly set forth the reasons for making such application;
(e) Request a hearing;
(f) Briefly set forth the relief sought;
(g) Provide assurance to the Commission that all expenses occasioned by the appeal will be borne by the applicant; and
(h) Contain a sworn, notarized statement that the applicant has a good faith belief that the appeal is meritorious and is not taken merely to delay the penalty imposed by the stewards.
19.06 Continuances
(a) All applications for a continuance of a scheduled hearing shall be in writing, shall set forth the reasons therefor and shall be filed with the Commission’s Administrator of Racing after giving notice of such application by mail or otherwise to all parties or their attorneys, including counsel for the stewards. The Commission will not consider any continuance request from counsel for an appellant unless counsel has filed a written entry of appearance with the Commission. For attorneys who are not members of the Delaware bar, those attorney must comply with the provisions of Delaware Supreme Court Rule 72 for admission pro hac vice before the Commission. The Commission will not consider any continuance request from attorneys who are not members of the Delaware bar unless and until that attorney has been formally admitted under Delaware Supreme Court Rule 72 as the attorney of record for the appellant.
(b) When application is made for continuance of a cause because of the illness of an applicant, witness or counsel, such application shall be accompanied by a medical certificate attesting to such illness and inability.
(c) An application for continuance of any hearing must be received by the Commission at least ninety-six (96) hours prior to the time fixed for the hearing. An application received by the Commission within the 96-hour period will not be granted except for extraordinary reasons. The Commission will not consider any request for continuance absent evidence of good cause for the request. A failure by an appellant to take reasonable action to retain counsel shall not be considered good cause for a continuance.
(d) If the Commission approves the application for continuance, it shall concurrently with such postponement, set a date for the continued hearing.