(A) Any licensee fined, suspended, expelled or otherwise aggrieved by any judges' ruling in the application of the rules of racing may appeal to the commission for a review of the decision. Such appeals shall be made in writing and must be filed with the presiding judge within forty-eight hours after after notification of the ruling. Such forty-eight-hour period shall not include any day the judges are not in attendance at their office. The chairman of the commission may appoint a referee to hear such appeals.
(B) All appeals of the judges' final rulings shall be made in writing to the commission. Such an appeal must be accompanied by a deposit of five hundred dollars in the form of a certified check made payable to the "Ohio State Racing Commission." Such deposit is required to help defray the necessary expenses for the commission to conduct a formal hearing of the appeal. Such expenses may include but are not limited to the cost of a hearing officer, expense of witnesses called, cost of a court reporter and the cost of renting equipment needed during the hearing.
(C) If the commission upholds the judges' ruling, the necessary expenses shall be deducted from the five-hundred-dollar deposit and the remaining amount of the deposit shall be returned. If the commission upholds the judges' ruling and the necessary costs and expenses of the hearing exceed the five-hundred-dollar deposit, the licensee shall be assessed the case costs and shall not be in an active license status until all costs have been paid in full. If the appellant withdraw the appeal, the deposit shall be forfeited. If the commission finds in favor of the appellant, all of the deposit shall be returned.
Cite as Ohio Admin. Code 3769-17-41