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11 You Make the Call 1 (2009)

handle is hein.blasports/ansrvds0011 and id is 1 raw text is: Volume 11, Number 1 { Spring/Summer 20091 Administrative Law Burneson v. Ohio State Racing Comm'n, 2009 Ohio App. LEXIS 875 (Mar. 12, 2009). Race horse trainer Charles Burneson appealed a trial court's judgment affirming the decision of the Ohio State Racing Commission (OSRC) to sanction him after he was found guilty of a fourth-degree felony for stealing horses and selling them to a slaughterhouse. Under a provision in the state administrative code, the OSRC had the right to revoke, suspend, or refuse to grant a license to any person convicted of a felony in the previous ten years. However, it did not have a mechanism in place to keep track of felony convictions against its licensees, and offered to stipulate that there were trainers with convictions on their records who were granted or maintained licenses over the previous year. The appellate court affirmed, holding the trial court did not abuse its discretion in affirming the OSRC's sanctions because the agency's failure to issue subpoenas giving Burneson access to its records and forcing its executive director to testify at the hearing did not prejudice the plaintiff, and the provision in the state administrative code was not an unconstitutional delegation of legislative authority. In assessing whether Burneson was prejudiced, the court noted his attorney declined to review the OSRC's records prior to the hearing or enter into the agency's proposed stipulation, and found the information sought would be marginally relevant because the state administrative code gave the OSRC broad discretion in enforcing its rules. It concluded Burneson could not establish that the OSRC treated him differently than similarly situated trainers. In dismissing the constitutional claim, the court noted that the OSRC did not establish guidelines for the provision's application, but determined that deficiency was permissible because the provision concerned the state's exercise of its police powers, and the legislature could not be expected to anticipate all the practices that should be guarded against in order to protect the public. {Webfind} Kuna Boxing Club, Inc. v. Idaho Lottery Comm'n, 2009 Ida. LEXIS 2 (Jan. 21, 2009). The Kuna Boxing Club (KBC) appealed a trial court's decision to uphold the Idaho Lottery Commission's emergency suspension of its bingo license. The commission originally denied the club's application for a license because its president was also the president of the Snake River Association of USA Boxing, which had its bingo license revoked after the commission @ Copyright 2009, National Sports Law Institute of Marquette University Law School Page 1

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