3769-12-30 Conduct, partnership, corporate.

(A) In addition to the causes for any penalty to be assessed against a permit holder or licensee elsewhere set out in the rules of the Ohio state racing commission, any permit holder or licensee employed in any capacity at a permit holder's track, may be penalized under the provisions provided for in rule 3769-12-99 of the Administrative Code for any of the following reasons:

(1) The intentional making of any materially false statement in connection with an application for a permit or license;

(2) Conduct by an applicant, licensee, or permit holder in violation of section 2915.06 of the Revised Code.

(B) If a license issued to any member of a partnership should be revoked by the commission pursuant to the foregoing provisions of this rule, any permit thereafter applied for by such partnership may be denied. If such partnership be a permit holder and the remaining members of such partnership shall fail to arrange, upon gaining knowledge of such revocation, that such member thereof whose license has been revoked shall thereafter be denied access to the grounds of such permit holder and be prevented from participating thereafter in the conducting of such partnership of the racing meeting for which such permit is issued, the permit issued to such partnership may be penalized under the provisions of rule 3769-12-99 of the Administrative Code.

(C) If a license issued to the holder of ten per cent of the voting shares of capital stock of a corporate permit holder should be revoked by the commission, such revocation shall constitute grounds for any penalty provided for in rule 3769-12-99 of the Administrative Code to be levied against such corporation during such period as the person whose license shall have been revoked continues to be the holder of ten per cent of the voting shares of capital stock of such corporate permit holder.

(D) If a license issued to a person who is an officer, or director of a corporate permit holder should be revoked, and such permit holder should fail with reasonable promptness to take the corporate action required to remove such person as an officer or director, such revocation shall constitute grounds for any penalty provided for in rule 3769-12-99 of the Administrative Code to be levied against the permit holder so long as the person whose license shall have been revoked continues to be an officer or director of such corporation.

(E) The provisions of the three preceding paragraphs of this rule concerning corporate permit holders and permit holders which are partnerships, shall cease to be applicable in every case at such time as the commission may thereafter issue a license to the member of such partnership whose license shall have been revoked, or may thereafter issue a license to the officer, director, or holder of the aforementioned proportion of the voting shares of capital stock of such corporate permit holder whose license shall have been revoked.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85