15 U.S.C. § 3058 — Review of final decisions of the Authority

Page 1984 TITLE 15—COMMERCE AND TRADE § 3058 oratory accredited in accordance with the standards established under paragraph (1) to test samples taken in the applicable State. (B) Selection by the authority If a State racing commission does not se- lect an accredited laboratory under subpara- graph (A), the Authority shall select such a laboratory to test samples taken in the State concerned. (c) Results management and disciplinary process (1) In general Not later than 120 days before the program effective date, the Authority shall establish in accordance with section 3053 of this title— (A) rules for safety, performance, and anti- doping and medication control results man- agement; and (B) the disciplinary process for safety, per- formance, and anti-doping and medication control rule violations. (2) Elements The rules and process established under paragraph (1) shall include the following: (A) Provisions for notification of safety, performance, and anti-doping and medica- tion control rule violations. (B) Hearing procedures. (C) Standards for burden of proof. (D) Presumptions. (E) Evidentiary rules. (F) Appeals. (G) Guidelines for confidentiality and pub- lic reporting of decisions. (3) Due process The rules established under paragraph (1) shall provide for adequate due process, includ- ing impartial hearing officers or tribunals commensurate with the seriousness of the al- leged safety, performance, or anti-doping and medication control rule violation and the pos- sible civil sanctions for such violation. (d) Civil sanctions (1) In general The Authority shall establish uniform rules, in accordance with section 3053 of this title, imposing civil sanctions against covered per- sons or covered horses for safety, performance, and anti-doping and medication control rule violations. (2) Requirements The rules established under paragraph (1) shall— (A) take into account the unique aspects of horseracing; (B) be designed to ensure fair and trans- parent horseraces; and (C) deter safety, performance, and anti- doping and medication control rule viola- tions. (3) Severity The civil sanctions under paragraph (1) may include— (A) lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties, and changes to the order of finish in covered races; and (B) with respect to anti-doping and medi- cation control rule violators, an opportunity to reduce the applicable civil sanctions that is comparable to the opportunity provided by the Protocol for Olympic Movement Test- ing of the United States Anti-Doping Agen- cy. (e) Modifications The Authority may propose a modification to any rule established under this section as the Authority considers appropriate, and the pro- posed modification shall be submitted to and considered by the Commission in accordance with section 3053 of this title. (Pub. L. 116–260, div. FF, title XII, § 1208, Dec. 27, 2020, 134 Stat. 3269.) § 3058. Review of final decisions of the Authority (a) Notice of civil sanctions If the Authority imposes a final civil sanction for a violation committed by a covered person pursuant to the rules or standards of the Au- thority, the Authority shall promptly submit to the Commission notice of the civil sanction in such form as the Commission may require. (b) Review by administrative law judge (1) In general With respect to a final civil sanction im- posed by the Authority, on application by the Commission or a person aggrieved by the civil sanction filed not later than 30 days after the date on which notice under subsection (a) is submitted, the civil sanction shall be subject to de novo review by an administrative law judge. (2) Nature of review (A) In general In matters reviewed under this subsection, the administrative law judge shall deter- mine whether— (i) a person has engaged in such acts or practices, or has omitted such acts or practices, as the Authority has found the person to have engaged in or omitted; (ii) such acts, practices, or omissions are in violation of this chapter or the anti- doping and medication control or race- track safety rules approved by the Com- mission; or (iii) the final civil sanction of the Au- thority was arbitrary, capricious, an abuse of discretion, or otherwise not in accord- ance with law. (B) Conduct of hearing An administrative law judge shall conduct a hearing under this subsection in such a manner as the Commission may specify by rule, which shall conform to section 556 of title 5. (3) Decision by administrative law judge (A) In general With respect to a matter reviewed under this subsection, an administrative law judge— (i) shall render a decision not later than 60 days after the conclusion of the hearing; Page 1985 TITLE 15—COMMERCE AND TRADE § 3059 (ii) may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of the Authority; and (iii) may make any finding or conclusion that, in the judgment of the administra- tive law judge, is proper and based on the record. (B) Final decision A decision under this paragraph shall con- stitute the decision of the Commission with- out further proceedings unless a notice or an application for review is timely filed under subsection (c). (c) Review by Commission (1) Notice of review by Commission The Commission may, on its own motion, re- view any decision of an administrative law judge issued under subsection (b)(3) by pro- viding written notice to the Authority and any interested party not later than 30 days after the date on which the administrative law judge issues the decision. (2) Application for review (A) In general The Authority or a person aggrieved by a decision issued under subsection (b)(3) may petition the Commission for review of such decision by filing an application for review not later than 30 days after the date on which the administrative law judge issues the decision. (B) Effect of denial of application for review If an application for review under subpara- graph (A) is denied, the decision of the ad- ministrative law judge shall constitute the decision of the Commission without further proceedings. (C) Discretion of Commission (i) In general A decision with respect to whether to grant an application for review under sub- paragraph (A) is subject to the discretion of the Commission. (ii) Matters to be considered In determining whether to grant such an application for review, the Commission shall consider whether the application makes a reasonable showing that— (I) a prejudicial error was committed in the conduct of the proceeding; or (II) the decision involved— (aa) an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the Commission; or (bb) an exercise of discretion or a de- cision of law or policy that warrants review by the Commission. (3) Nature of review (A) In general In matters reviewed under this subsection, the Commission may— (i) affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the administra- tive law judge; and (ii) make any finding or conclusion that, in the judgement of the Commission, is proper and based on the record. (B) De novo review The Commission shall review de novo the factual findings and conclusions of law made by the administrative law judge. (C) Consideration of additional evidence (i) Motion by Commission The Commission may, on its own mo- tion, allow the consideration of additional evidence. (ii) Motion by a party (I) In general A party may file a motion to consider additional evidence at any time before the issuance of a decision by the Com- mission, which shall show, with particu- larity, that— (aa) such additional evidence is ma- terial; and (bb) there were reasonable grounds for failure to submit the evidence pre- viously. (II) Procedure The Commission may— (aa) accept or hear additional evi- dence; or (bb) remand the proceeding to the administrative law judge for the con- sideration of additional evidence. (d) Stay of proceedings Review by an administrative law judge or the Commission under this section shall not operate as a stay of a final civil sanction of the Author- ity unless the administrative law judge or Com- mission orders such a stay. (Pub. L. 116–260, div. FF, title XII, § 1209, Dec. 27, 2020, 134 Stat. 3272.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(2)(A)(ii), was in the original ‘‘this Act’’ and was translated as read- ing ‘‘this title’’, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress. § 3059. Unfair or deceptive acts or practices The sale of a covered horse, or of any other horse in anticipation of its future participation in a covered race, shall be considered an unfair or deceptive act or practice in or affecting com- merce under section 45(a) of this title if the sell- er— (1) knows or has reason to know the horse has been administered— (A) a bisphosphonate prior to the horse’s fourth birthday; or (B) any other substance or method the Au- thority determines has a long-term degrad- ing effect on the soundness of the covered horse; and (2) fails to disclose to the buyer the adminis- tration of the bisphosphonate or other sub-