Louisiana § RS 4:152 - Grounds for denial or termination of racing privileges for persons other than associations

§ RS 4:152. Grounds for denial or termination of racing privileges for persons other than associations

            A. The commission may refuse, suspend, or withdraw licenses, permits, and privileges granted by it or terminate racing privileges for just cause in accordance with the provisions of Subsections B and C of this Section. Those things constituting just cause are:

            (1) Any action or attempted action by a permittee contrary to the provisions of this Part and law.

            (2) Corrupt practice.

            (3) Violation of the Rules of Racing.

            (4) Willful falsification or misstatement of fact in an application for racing privileges.

            (5) Material false statement, under oath, to a racing official, other than a commissioner, or to the commission.

            (6) Willful disobedience of a commission order or of a lawful order of a racing official other than a commissioner.

            (7) Continued failure or inability to meet financial obligations connected with his business, occupation, or profession performed or engaged in on the track grounds.

            (8) The loss or inability to meet any of the qualifications and conditions set forth for a license in R.S. 4:150(B)(1), (2), (3), (4), (5), (6), (7), (8), (9), (11) and (12).

            B. Notwithstanding the provisions of Subsection A of this Section, the commission shall suspend for a period of one year all licenses, permits, and privileges granted to any horseman, jockey, rider, groom, stable foreman, exercise boy, valet, plater, licensee, permittee, racing official, agent, apprentice, custodian, caterer, partnership, vendor, veterinarian, or other person who, within a period of one year, is suspended five times for a period of at least five days each time for commission of acts constituting just cause under Subsection A of this Section. However, in the case of riding offenses only, the commission shall have the discretion to suspend such licenses, permits, or privileges. Any person aggrieved by such order of suspension as provided for in this Subsection shall have the right to contest such order and have the entire matter reviewed in a court of competent jurisdiction as provided in R.S. 4:154 and in the Administrative Procedure Act, R.S. 49:950 et seq.

            C.(1) Notwithstanding the provisions of Subsection A of this Section, the commission shall suspend all licenses, permits, and privileges granted to a permittee who has a final and definitive judgment rendered against him by a court of competent jurisdiction mandating payment of past due financial obligations to any individual or business for the boarding of horses.

            (2) The clerk of any court rendering or affirming such judgment shall send a certified copy of the final and definitive judgment to the commission.

            (3) The suspension period shall begin upon the date the certified copy of the final and definitive judgment is received by the commission and shall end on the date the permittee provides proof of full payment of the judgment to the commission.

            Acts 1968, No. 554, §1. Amended by Acts 1981, No. 426, §1; Acts 1984, No. 432, §1; Acts 1989, No. 588, §1; Acts 2017, No. 252, §1.