3769-2-11.1. Claims upon a surety bond

(A) The racing commission shall be the sole decision maker in determining if funds are due an aggrieved party as defined in rule 3769-2-11 of the Ohio Administrative Code. The racing commission may give the executive secretary authority to make this decision pending ratification at the next regularly scheduled or special meeting.

(B) The racing commission shall gather any information it believes is necessary to determine (1) who an aggrieved party is; (2) how much money is owed the aggrieved party; and (3) why the money is owed to the aggrieved party.

(C) Once the racing commission determines how much money, if any, an aggrieved party is due, the racing commission may contact the permit holder in writing concerning the aggrieved party. The permit holder may be given ten business days to make the aggrieved party whole. Continuances may be granted at the discretion of the racing commission.

(D) If the permit holder fails to make the aggrieved party whole in the time frame prescribed by the racing commission, the racing commission may submit a claim on the bond.

(E) The racing commission shall not submit a claim on a bond that expired more than twelve months earlier.

Five Year Review (FYR) Dates: 07/24/2015 and 07/24/2020
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 7/2/2009

Prior History: (Effective: 07/02/2009
R.C. 119.032 review dates: 06/15/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03)