SECTION 325:70-1-27. Temporary stay order

(a)   The Executive Director may, upon consultation with and the direction of a minimum of three Commissioners, issue or deny a temporary stay order to stay execution of any ruling, Order, or decision of the Stewards except Stewards' decisions regarding disqualifications for interference during the running of a race. Any application for a temporary stay shall be in writing, signed by the Appellant; shall contain his/her full name, present mailing address and present phone number; and shall set forth the facts and any evidence to justify the issuance of the stay. The application for temporary stay shall be filed with the Office of the Commission, as specified in 325:1-1-14, no later than 5:00 p.m. on the third calendar day, excluding intermediate Saturdays, Sundays, and legal holidays as defined by the Oklahoma Statutes or any other day when the Commission office does not remain open for public business until 5:00 p.m., from the date of the rendering of the decision of the Stewards, excluding the date the decision was rendered unless the Commission for good cause extends the time for filing not to exceed 30 days from said rendering date. When the applicant is notified by mail of the Stewards' decision, three (3) days shall be added to the time within which the application for temporary stay order must be filed. The granting of a temporary stay order shall carry no presumption that the stayed decision of the Stewards is or may be invalid, and a temporary stay order may be dissolved at any time by further order of the Executive Director upon consultation with and the direction of a minimum of three Commissioners.

(b)   If the appeal is dismissed or the temporary stay order dissolved prior to being heard by the Commission, regardless of whether the temporary stay order was issued by the Commission or by a court of competent jurisdiction, then the Commission shall determine when the remaining days of suspension, if any, will be served.

[Source: Amended at 16 Ok Reg 2895, eff 7-12-99]