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California Gaming License Defense Attorney

We practice Administrative Law Gaming License Defense in California

California Horse Racing Board License Defense Attorney

California Horse Racing Board License Defense Lawyer

The California Horse Racing Board, known as the CHRB, licenses several thousand licensees in the State of California. Most California Licensees have minimal or no contact with the enforcement arm of the California Horse Racing Board. For Licensees who become part of the California Horse Racing Board disciplinary process, the consequences are profound. The CHRB License disciplinary process is complex, procedural and time consuming. Licensees facing the California Horse Racing Board disciplinary process should seek legal representation from an experienced California Horse Racing Board License Defense Attorney.

The California Horse Racing Board issues the following types of licenses:

  • Apprentice Jockey
  • Assistant Trainer
  • Authorized Agent
  • Driver
  • Exercise Rider
  • Groom
  • Jockey
  • Owner
  • Parimutuel Employee
  • Plater
  • Pony Rider
  • Security Guard
  • Stable
  • Stable Employee
  • Stable Foreman
  • Trainer
  • Valet
  • Veterinarian

California Horse Racing Board Investigation Defense Lawyer

The majority of California Horse Racing Board investigations begin with the filing of a consumer Complaint. However, California Horse Racing Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Horse Racing Board employs sworn Peace Officer Investigators to conduct Administrative Law and criminal investigations against Licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Horse Racing Board disciplinary process. At the conclusion of a California Horse Racing Board investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The California Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensee facing a California Horse Racing Board investigation, contact a California Horse Racing Board License Defense Attorney for representation.

California Horse Racing Board Accusation Defense Attorney

A formal Accusation served on a California CHRB licensee serves as notice to a licensee that the Board intends to revoke the license. The licensee, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the licensee. A Default will result in the immediate Revocation of the license.

An Accusation is a serious matter that can result in the suspension or revocation of a CHRB License in California. In many cases, it is possible for Licensees to reach a Stipulated Agreement with the California Attorney General’s Office and the California Horse Racing Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the Racetrack Stewards. Licensees facing a California Horse Racing Board Accusation should contact an experienced California Horse Racing Board License Defense Attorney for representation.

Common California Horse Racing Board violations are:

  • Administering Banned Substance to Horse
  • Altering Official Recordings
  • Bookmaking
  • Cheating
  • Conduct Detrimental to Horse Racing
  • Conflict of Interest
  • Dangerous Use of Alcohol or Drugs
  • Disorderly Conduct
  • Doping
  • Failure to Maintain Worker’s Compensation Insurance
  • Fraud
  • Hidden Owner/Principal
  • Horse Racing Rule Violations
  • Illegal or Improper Use of Communications Equipment or Devices
  • Loansharking
  • Offering False Information for Wagering
  • Possession of Contraband
  • Possession of Prohibited Substances
  • Prohibited Treatment
  • Public Intoxication
  • Race Fixing
  • Rough Riding
  • Steroid Use

California Horse Racing Board Hearing Attorney

The Racetrack Stewards hold Hearings at California Racetracks. These Racetrack Hearing locations held at the Alameda County Fair, Cal Expo, California State Fair, Del Mar, Golden Gate, Humboldt County Fair, Los Alamitos, Los Angeles County Fair, Oak Tree at Pleasanton, San Joaquin County Fair, Santa Anita, Sonoma County Fair and The Big Fresno Fair. The Administrative Law Hearing is a formal Hearing before a panel of three Stewards.

The panel of three Stewards will issue a written Proposed Decision approximately 30 days after the Hearing. The California Horse Racing Board can adopt, modify or reject the Steward’s Proposed Decision. The California Horse Racing Board action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Licensees facing a California Horse Racing Board Administrative Law Hearing need effective representation from a California Horse Racing Board License Defense Lawyer.

California Horse Racing Board License and Criminal Convictions

The California Horse Racing Board can discipline licensees for criminal convictions. California Horse Racing Board discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. Common criminal offenses that can cause CHRB License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Horse Racing Board and other law enforcement agencies also investigate criminal conduct by Licensees in the course and scope of their practice. Criminal investigations often involve Licensees engaged in Arson, Bookmaking and Loansharking. In serious criminal cases against Licensees pending in Criminal Court, the California Horse Racing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a CHRB License in Criminal Court.

Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Horse Racing Board License Defense Attorney for representation in disciplinary proceedings before the California Horse Racing Board.

California Horse Racing Board Statement of Issues Attorney

The California Horse Racing Board thoroughly investigates all applicants for CHRB Licenses. Most California Horse Racing Board denials occur due to criminal convictions, financial problems or misstatements on the license application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a CHRB License should contact a California Horse Racing Board License Denial Lawyer for representation in a California Horse Racing Board Statement of Issues Hearing.

California Horse Racing Board Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensees who have received a CHRB License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Horse Racing Board. A successful Petition for Reinstatement requires representation by an experienced California Horse Racing Board License Defense Attorney.