(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: 979 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.
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Courtesy of Michigan Administrative Rules