(230 ILCS 5/33.1)
(from Ch. 8, par. 37-33.1)
(a) The Department of Agriculture shall be responsible for
investigating and determining the eligibility of mares and Illinois conceived
and foaled horses and Illinois foaled horses to participate in
Illinois conceived and foaled and Illinois foaled races. The Department
of Agriculture shall also qualify stallions to participate in the Illinois
Standardbred and Thoroughbred programs.
(b) The Director of the Department of Agriculture or his authorized agent
is authorized to conduct hearings, administer oaths, and issue subpoenas
to carry out his responsibilities concerning the Illinois Standardbred and
Thoroughbred programs as set forth in Sections 30 and 31.
(c) The Director of the Department of Agriculture or his authorized agent
shall, after a hearing, affirm or deny the qualification of a stallion for
the Illinois Standardbred or Thoroughbred program. The decision of the
Director of the Department of Agriculture or his authorized agent shall
be subject to judicial review under the Administrative Review Law. The
term "administrative decision" shall have the meaning ascribed to it in
Section 3-101 of the Administrative Review Law.
(d) If the determination is made that a standardbred stallion is not
owned by a resident
of the State of Illinois or that a transfer of ownership is a subterfuge to
qualify a standardbred stallion under the Act,
or that a standardbred stallion owner, manager, or person associated with
him or her has knowingly participated in the arrangements for transporting
semen from a
standardbred stallion registered under this Act out-of-state,
the Director of the Department of Agriculture
or his authorized agent shall immediately publish notice of such fact in
publications devoted to news concerning standardbred
announcing the disqualification of such stallion or his foals. If any
person owning any stallion, mare or foal is found by the Director of the
Department of Agriculture or his authorized agent to have willfully violated
any provision of this Act or to have made any false statements concerning
such person's stallion, mare or foal, then no animal owned by such person is
eligible to participate in any events conducted pursuant to Sections 30 and 31.
(e) Any person who is served with a subpoena, issued by the Director of
the Department of Agriculture or his authorized agent, to appear and testify
or to produce documents and who refuses or neglects to testify or produce
documents relevant to the investigation, as directed in the subpoenas, may
be punished as provided in this Section.
(f) Any circuit court of this State, upon petition by the Director of the
Department of Agriculture or his authorized agent, may compel the attendance
of witnesses, the production of documents and giving the testimony required
by this Section in the same manner as the production of evidence may be
compelled in any other judicial proceeding before such court. Any person
who willfully swears or affirms falsely in any proceeding conducted pursuant
to this Section is guilty of perjury.
(g) The fees of witnesses for attendance and travel in the course of any
investigation shall be the same as the fees of witnesses before the circuit
courts of this State.
(h) The Department shall have authority to promulgate rules and regulations
for the enforcement of Sections 30, 31 and 33.1 of this Act. Conditions
and purses shall not be subject to Section 5-40 of the Illinois Administrative
Procedure Act but shall be set and published from time to time.
(Source: P.A. 88-45; 89-16, eff. 5-30-95.)