15 USC 3058 - Review of final decisions of the Authority

U.S Code last checked for updates: May 04, 2024

§ 3058.

Review of final decisions of the Authority

(a)

Notice of civil sanctions

(b)

Review by administrative law judge

(1)

In general

(2)

Nature of review

(A)

In general

In matters reviewed under this subsection, the administrative law judge shall determine whether—

(i)

a person has engaged in such acts or practices, or has omitted such acts or practices, as the Authority has found the person to have engaged in or omitted;

(ii)

such acts, practices, or omissions are in violation of this chapter or the anti-doping and medication control or racetrack safety rules approved by the Commission; or

(iii)

the final civil sanction of the Authority was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

(B)

Conduct of hearing

(3)

Decision by administrative law judge

(A)

In general

With respect to a matter reviewed under this subsection, an administrative law judge—

(i)

shall render a decision not later than 60 days after the conclusion of the hearing;

(ii)

may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of the Authority; and

(iii)

may make any finding or conclusion that, in the judgment of the administrative law judge, is proper and based on the record.

(B)

Final decision

(c)

Review by Commission

(1)

Notice of review by Commission

(2)

Application for review

(A)

In general

(B)

Effect of denial of application for review

(C)

Discretion of Commission

(i)

In general

(ii)

Matters to be considered

In determining whether to grant such an application for review, the Commission shall consider whether the application makes a reasonable showing that—

(I)

a prejudicial error was committed in the conduct of the proceeding; or

(II)

the decision involved—

(aa)

an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the Commission; or

(bb)

an exercise of discretion or a decision of law or policy that warrants review by the Commission.

(3)

Nature of review

(A)

In general

In matters reviewed under this subsection, the Commission may—

(i)

affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the administrative law judge; and

(ii)

make any finding or conclusion that, in the judgement of the Commission, is proper and based on the record.

(B)

De novo review

(C)

Consideration of additional evidence

(i)

Motion by Commission

(ii)

Motion by a party

(I)

In general

A party may file a motion to consider additional evidence at any time before the issuance of a decision by the Commission, which shall show, with particularity, that—

(aa)

such additional evidence is material; and

(bb)

there were reasonable grounds for failure to submit the evidence previously.

(II)

Procedure

The Commission may—

(aa)

accept or hear additional evidence; or

(bb)

remand the proceeding to the administrative law judge for the consideration of additional evidence.

(d)

Stay of proceedings

(Pub. L. 116–260, div. FF, title XII, § 1209, Dec. 27, 2020, 134 Stat. 3272.)

cite as: 15 USC 3058