Arizona Laws 5-108.05. Revocation and suspension of licenses; probation; civil penalties; exception
A. Except as provided by subsections C and D of this section the department may revoke or suspend the license of a licensee or impose probation requirements or a civil penalty, or any combination of these sanctions, based on any of the grounds for which the department could refuse to issue a license pursuant to section 5-108 or for a violation of any provision of this article or the rules of the commission or department.
Terms Used In Arizona Laws 5-108.05
- Commission: means the Arizona racing commission. See Arizona Laws 5-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of gaming. See Arizona Laws 5-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- License: means the license issued by the department to each employee or other person participating in any capacity in a racing meeting, including officials and employees of the pari-mutuel department. See Arizona Laws 5-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
B. The department shall suspend or revoke a license only after a hearing before the department pursuant to rules adopted by the commission.
C. Except as provided in subsection E of this section, the department shall revoke for a period of not to exceed one year the license of any person who commits an initial violation of any provision of section 5-115. If the licensee is a corporation, the department shall revoke the license if the corporation is controlled or operated directly or indirectly by such a person.
D. Except as provided in subsection E of this section, the department shall revoke permanently the license of any person who commits a subsequent violation of any provision of section 5-115.
E. The department may impose a lesser penalty or sanction authorized by this article for a violation of a rule with respect to medication if the department finds by clear and convincing evidence that the permitted medication or medication which reduces exercise induced pulmonary hemorrhage which is revealed in a sample or test was administered to the animal in a lawful manner.