(h) 0 to 25 horses any remaining allotment distributed on a prorated basis.A horse
that stables and trains for any part of the month is considered 1 horse for that month.
(2) The association shall submit to the department a sworn statement of the total
number of stalls rented for the period of October 1 to September 30 of the prior year.
(3) The fair association shall provide any additional information requested by the
director necessary in processing the association's claim.
(4) A fair shall keep its facilities available and racetracks in training condition as
specified in the application.
(5) A person stabling and training at an approved racetrack, shall pay the rental
charges for those services at the time and place specified by the association, or may be
subject to immediate eviction from the grounds.
(6) Failure by an individual to pay rental charges for stabling and training as
specified by the association whose facility he or she is using will result in winnings and
breeders awards being withheld until payment is made in full to the association. The
association shall report to the department of agriculture by June 1 any outstanding
rental amounts 90 days or more past due. The department shall notify the racing fairs
and presiding judges to withhold purse payments from that individual and the
department shall withhold breeders payments until rental payments are paid in full.
(7) The association shall keep records pertaining to the rental of its facilities available
for state auditors for not less than 4 years.
History: 1979 AC; 2008 AACS.
R 285.816.8 Complaints; appeal.
Rule 8. (1) Within 24 hours of being in attendance at a track, an individual may
file a complaint in writing with the association if he or she believes the track is not
maintained in a safe condition, as required by R 285.816.5. The association shall
investigate complaints within 48 hours of receipt of the complaint and issue a report of
findings to the individual filing the complaint not later than 24 hours after the
investigation is completed. The report of findings shall include notification to the
individual filing the compliant that he or she can appeal to the department within 10
business days of filing the initial complaint if the individual is not satisfied with the
association's report of findings.
(2) The department shall have 7 days after receipt of any appropriately filed appeal to
investigate the complaint, and the department shall issue a finding of fact and notice of
action and any recommended actions for the association.
(3) Any party aggrieved by an action taken by the department under subrule (2) of
this rule may appeal pursuant to 1969 PA 306, MCL 24.201. An administrative law
judge shall issue a proposal for decision under section 81 of 1969 PA 306, MCL 24.281,
and the department shall issue a final order.
History: 2008 AACS.