Section 1424.50 Allocation of Stalls

Section 1424

Section 1424.50  Allocation

of Stalls

a)         No race track operator shall allocate stalls except pursuant

to a written stall application and agreement, the form of which shall have been

approved by the Board. The racing secretary shall be responsible for stall

allocation unless some other official is substituted by the race track operator

to perform such function and the Board notified thereof.

b)         The racing secretary shall give each applicant written notice

specifying whether his application, with respect to each stall requested, has

been accepted, denied or placed in a pending status. Such notice shall be given

not later than five days prior to the start of the meeting or ten days after

receipt of the stall application, whichever shall be last to occur.

c)         Within ten days after initial notification is required by this

rule, final action shall be taken and written notice thereof given with respect

to any stall application originally placed, in whole or in part, in a pending

status.

d)         The racing secretary's view of the best interests of racing and

of the meeting in question shall govern his actions on stall applications, and

he shall be allowed broad discretion in performing this function. Nevertheless:

1)         No action on a stall application shall be based upon –

A)        the race, color, creed, religion, national origin or sex of the

applicant, or

B)        an arbitrary or capricious decision, or a decision not related

to any reasonable view of the best interests of racing or of the meeting in

question.

2)         No stall allocation shall be conditioned upon the payment,

transfer or delivery to the racing secretary, or to any other person designated

by him, of any money, property or other thing of value or upon the applicant's

promise to make such payment, transfer or delivery

on, or a decision not related

to any reasonable view of the best interests of racing or of the meeting in

question.

2)         No stall allocation shall be conditioned upon the payment,

transfer or delivery to the racing secretary, or to any other person designated

by him, of any money, property or other thing of value or upon the applicant's

promise to make such payment, transfer or delivery.

e)         Any owner, trainer or other person believing himself to be

aggrieved by a violation of this rule may file a written complaint with the

Board which shall conduct a hearing with respect to the alleged violation. If

the Board determines that such a violation has occurred, it may impose a fine

upon the race track operator not to exceed $500 for each violation, may order

that stalls be allocated to the complainant and may take such other action as

it deems appropriate. In order to facilitate the conduct of inquiries into

alleged violations of this rule, the racing secretary shall cause all stall

applications, stall agreements, correspondence and other related material to be

retained until the close of the meeting or for such longer period as the Board

may direct.

f)         In passing upon stall applications that are of substantially

equal merit, the racing secretary shall give preference to applications

submitted with respect to horses owned by Illinois residents.

g)         Acceptance of an application for stall space for any horse

shall be conditioned upon proof of a negative AGID (Coggins) test for equine

infectious anemia.