BILL NUMBER: AB 1616	CHAPTERED  10/10/07

	CHAPTER  417
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  SEPTEMBER 5, 2007
	AMENDED IN SENATE  MAY 24, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Garrick
   (Coauthor: Assembly Member Jeffries)

                        FEBRUARY 23, 2007

   An act to amend Section 19517.5 of the Business and Professions
Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1616, Garrick. Horse racing: prohibited substances:
administrative hearings.
   Existing law requires enforcement proceedings relating to the use
of prohibited substances during a horse race be referred to the
Office of Administrative Hearings for adjudication, as specified.
   This bill would instead require referral to either a Board of
Stewards or hearing officer appointed by the California Horse Racing
Board, as specified, at the election of the respondent.
    Existing law also provides that the California Horse Racing Board
shall neither modify nor amend a proposed decision by the
administrative law judge so as to increase any sanction or penalty
contemplated in the proposed decision, and that the board may, by
means of a written decision that includes the reasons for its
decision, modify or amend a proposed decision by the administrative
law judge so as to decrease, mitigate, or suspend a sanction or
penalty contemplated in the proposed decision.
   The bill would repeal those provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19517.5 of the Business and Professions Code is
amended to read:
   19517.5.  (a) The respondent in an enforcement proceeding that
alleges the use of a prohibited substance, as defined under class I,
class II, or class III of the board's schedule of prohibited
substances, may elect to have the proceeding referred, for
administrative adjudication and preparation of a proposed decision
for action by the board, to either a Board of Stewards or a hearing
officer appointed by the board. The board shall select the hearing
officer from a pool jointly developed by a representative from each
of the following organizations:
   (1) The board.
   (2) A racing association.
   (3) The trainers' organization.
   (4) The horse owners' organization.
   (b) The hearing before a duly appointed hearing officer or Board
of Stewards shall commence no later than 90 days after the filing of
the accusation. The hearing date may be extended only upon a showing
of good cause to the earliest possible hearing date beyond the 90-day
period, provided a written order and the reasons for the continuance
are filed with the board.
   (c) No later than 20 days before the hearing, the licensee shall
post a bond with the paymaster of purses for the amount of the purse
or purses in question and received by the licensee. The bond shall be
in cash, or a surety bond that meets the requirements of the board.