Section 1314.150  Allocation of Stalls

a)         No race track operator shall allocate stalls except pursuant to a written stall application and agreement, the form of which shall have been approved by the Board. The racing secretary shall be responsible for stall allocation unless some other official is substituted by the race track operator to perform that function and the Board notified of the substitution.

b)         Notification

1)         The racing secretary shall give each applicant written notice specifying whether an application, with respect to each stall requested, has been accepted, denied, or placed in a pending status. The notice shall be given not later than five days prior to the start of the meeting or ten days after receipt of the stall application, whichever occurs last.

2)         Within ten days after initial notification is required by this Section, final action shall be taken and written notice given with respect to any stall application originally placed, in whole or in part, in a pending status.

c)         The racing secretary's view of the best interests of racing and of the meeting in question shall govern his action on stall applications, and he shall be allowed broad discretion in performing this function. Nevertheless:

1)         No action on a stall application shall be based upon –

A)        the race, color, creed, religion, national origin or sex of the applicant, or

B)        an arbitrary or capricious decision, or a decision not related to any reasonable view of the best interests of racing or of the meeting in question.

2)         No stall allocation shall be conditioned upon the payment, transfer or delivery to the racing secretary, or to any other person designated by him, of any money, property or other thing of value or upon the applicant's promise to make payment, transfer or delivery.

d)         Any owner, trainer or other person believing himself to be aggrieved by a violation of this Section may file a written complaint with the Board, which shall conduct a hearing with respect to the alleged violation. If the Board determines that such a violation has occurred, it may impose a fine upon the race track operator not to exceed $500 for each violation, may order that stalls be allocated to the complainant and may take other action as it deems appropriate. In order to facilitate the conduct of inquiries into alleged violations of this Section, the racing secretary shall cause all stall applications, stall agreements, correspondence and other related material to be retained until the close of the meeting or for a longer period as the Board may direct.

e)         In passing upon stall applications that are of substantially equal merit, the racing secretary shall give preference to applications submitted with respect to horses owned by Illinois residents.

f)         Acceptance of an application for stall space for any horse shall be conditioned upon proof of a negative Coggins test for equine infectious anemia.

(Source:  Amended at 30 Ill. Reg. 10467, effective June 1, 2006)