South Dakota Codified Laws
Chapter 07 - Horse And Dog Racing
Section 42-7-96 - Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.

42-7-96. Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.
The commission shall promulgate rules permitting a panel of three racing judges or stewards to impose suspensions not to exceed four horse racing days or twelve dog racing days and any intervening calendar days and a fine not to exceed five hundred dollars on persons violating this chapter or the rules of the commission after notice and hearing pursuant to chapter 1-26.
An appeal from the order of the racing judges or stewards shall be made to the commission only and not to the circuit court and shall operate as a stay of all proceedings under such order until the commission renders its decision which shall be final agency action.
If the racing judges or stewards find that a penalty which exceeds their limits to impose should be rendered, they may not impose any penalty and shall forward their findings and conclusions and recommendations to the commission for final agency action.
If a matter is not appealed to the commission by the person upon whom a penalty was imposed by the stewards or judges within seven days of the date of service of the judges' or stewards' order, the decision and penalty of the judges or stewards shall be final in that the appeal time to the commission has lapsed.

Source: SL 1977, ch 337, §1; SDCL Supp, §42-7-35.1; SL 1978, ch 302, §41; SL 1985, ch 330, §4.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 42 - Recreation and Sports

Chapter 07 - Horse And Dog Racing

Section 42-7-47 - State policy in exercise of police powers.

Section 42-7-48 - Definition of terms.

Section 42-7-56 - Powers and responsibilities of commission on gaming.

Section 42-7-57 - License required to hold race meeting or handle money under certificate system--Violation as misdemeanor.

Section 42-7-58 - Authority for racing under certificate system--Issuance of license.

Section 42-7-58.1 - Satellite facilities of horse or dog track licensees.

Section 42-7-58.2 - Wagering on televised races--Request and reciprocal agreement.

Section 42-7-58.3 - Approved simulcast races conducted on day assigned by commission.

Section 42-7-58.4 - Distribution of contributions.

Section 42-7-58.5 - Simulcast wagering in compliance with federal laws.

Section 42-7-58.6 - Eligibility for license to operate satellite races absent conducting live meet.

Section 42-7-58.7 - Consideration of applications for licenses for satellite facilities and multi-jurisdictional totalizator hubs--Restrictions.

Section 42-7-59 - Filing of application for racing license or provision of simulcast signal--Contents.

Section 42-7-60 - Bond required of applicant for license--Waiver--Revocation or suspension of license on nonpayment of fees or taxes.

Section 42-7-61 - Application for new site submitted to county commissioners--Notice to county auditors--Provision for vote.

Section 42-7-62 - Certification of votes on new racing site--Application forwarded to commission if approved by voters.

Section 42-7-63 - Fee for collecting and disbursing money--Disposition.

Section 42-7-64 - Contents of license for racing under certificate system--Days and hours of racing specified--License issued on basis of calendar year.

Section 42-7-65 - Transfer of license or stock ownership subject to approval--Standards applied.

Section 42-7-66 - Investigation of stock ownership--Failure to disclose.

Section 42-7-67 - Licensing of participants and track personnel--Maximum fee--Duration and privileges conferred--Fine, suspension or revocation.

Section 42-7-68 - Allotment of racing days to applicants--Preference to past users--Annual scheduling--Procedure for simulcast or satellite facilities.

Section 42-7-71 - South Dakota-bred racing fund--Use of fund.

Section 42-7-73 - Bonus paid to breeder of winner of South Dakota-bred race--Registration of qualifying horses.

Section 42-7-76 - Contributions by win bettors--Minors prohibited from participating--Interest acquired--Certificates issued.

Section 42-7-76.1 - Accepting of large bets by persons other than licensee as felony.

Section 42-7-76.2 - Accepting of medium bets as misdemeanor.

Section 42-7-76.3 - Accepting of small bets as misdemeanor.

Section 42-7-77 - Place and show betting--Combinations of races for betting.

Section 42-7-78 - Deduction from pari-mutuel pool on horse race--Payments to winners.

Section 42-7-78.1 - Additional deduction from pools on horse races--Distribution.

Section 42-7-79 - Deduction from pari-mutuel pool on dog race--Weekly remittances--Payments to winners.

Section 42-7-79.1 - Additional deduction from some pools on dog races--Distribution.

Section 42-7-81 - Deduction of breakage from pari-mutuel payments--Licensee to retain breakage.

Section 42-7-82 - Time for claiming payments from pari-mutuel pool.

Section 42-7-84 - Additional withholding by horse licensees.

Section 42-7-85 - Portion of horse-racing pari-mutuel pool paid to state.

Section 42-7-89 - Payments to state in lieu of other taxes.

Section 42-7-90 - Audit of licensee by auditor-general--Reimbursement of expense.

Section 42-7-91 - Grounds for refusal, suspension, or withdrawal of license.

Section 42-7-92 - Legal representation of commission--Prosecution of violations.

Section 42-7-93 - Fine, revocation, or suspension of license after notice and hearing--Waiting period for new license after revocation.

Section 42-7-94 - Decisions and orders in writing--Service on person affected.

Section 42-7-95 - Judicial review of commission actions--Cost bond.

Section 42-7-96 - Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.

Section 42-7-97.1 - Suspensions or revocations exceeding racing season.

Section 42-7-98 - Receipts retained in special racing fund.

Section 42-7-98.1 - Transfer of revenue in special racing fund--Procedure.

Section 42-7-101 - Devices or expedients to increase horse's speed prohibited.

Section 42-7-102 - Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state.

Section 42-7-103 - Combining pari-mutuel pools to establish interstate combined wagering pool.

Section 42-7-104 - Physical location as place of business.

Section 42-7-105 - Tax of wagers in interstate combined wagering pool.

Section 42-7-106 - Breakage calculation for interstate combined wagering pool.