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Part of what
we do at Equine Legal Solutions is represent clients
in United States Equestrian Federation disciplinary
hearings (as well as breed association discipline
actions). Most of our clients are defending themselves
against alleged USEF rule violations, often involving
equine drugs and medications. Other clients are on the
offense, urging the USEF to take action on official
grievances filed against fellow competitors or
trainers. Although the bare bones are described in the
USEF rules, the USEF disciplinary process is a bit
mysterious if you haven't been through it before. Here
are some important facts to know.
USEF Can't Suspend You
Without Notice and a Hearing
USEF Rule GR601 clearly states
that no one can be suspended or otherwise barred from
competing without a notice and a hearing. So, if your
horse flunks a drug test, you're not automatically
suspended. Instead, you'll receive an official notice
from USEF in the mail. And it might be quite a while
after the competition - months, even. So don't think
you're in the clear if your horse was drug tested and
you haven't heard anything within 30 days.
Discipline Actions Don't
Always Start with USEF
Clearly, if your horse is
drug-tested at a USEF-sanctioned show and it tests
positive for prohibited medications, the USEF will
notify you of a potential disciplinary action.
Likewise, if the steward at a USEF-sanctioned show
observes you engaging in a practice clearly prohibited
by USEF rules, you'll likely be hearing from USEF
about it. However, not all disciplinary actions start
with USEF. Once in a while, an exhibitor is upset
enough about a perceived show unfairness or USEF rule
violation to put their grievance or protest in writing
and submit it to USEF with the hefty $200 filing fee
($300 for non-members).
The time window for filing a
protest or grievance about something that happened at
a USEF show is very small. Per USEF Rule GR603, the
protester has to submit a written complaint (signed,
with their name and address - no anonymous complaints)
to the show management within 48 hours of the alleged
USEF rule violation, or the protester can submit their
complaint directly to the USEF within 10 business days
after the last day of the USEF recognized competition.
Because of the timing, most complaints are submitted
directly to USEF.
The
Clock Starts Ticking When
You Receive a Notice
When you receive a notice from
USEF of an alleged rule violation, you may not have
much time to act. USEF Rule GR606 provides that the
USEF only has to give 20 days advance written notice
of a hearing on a disciplinary matter (unless your
hearing is before the relevant show committee, in
which case only 24 hours is required). How much notice
you receive is typically a function of when the USEF
Hearing Committee meets next, and how full its
calendar is.
As a practical matter, none of
our clients has ever received less than 60 days notice
prior to a hearing, and 90-120 days is more typical.
The notice always comes by mail. And because USEF
hearing notices are mailed to your most recent address
on file with USEF, when you send in your USEF
membership, it makes sense to use an address that's
not only current, but also gets checked on a regular
basis.
Although you may receive 90 or
even 120 days notice prior to the USEF hearing date,
you won't have that much time to prepare. The notice
will contain a deadline by which all your evidence
must be submitted to the USEF Hearing Committee.
Evidence submitted by the deadline is compiled by USEF
staff and provided to the Committee prior to the
hearing date. On the hearing date, the Committee
usually meets before the hearing to discuss the cases
to be heard that day, including evidence submitted,
and the Committee may have already made a preliminary
determination before your hearing. So, it helps to
submit your evidence in advance.
You Can Postpone the USEF
Hearing Date
If you can't make the hearing
date or you need time to gather evidence and retain
counsel, you can request that your USEF hearing date
be moved. But, per USEF Rule GR607, you have to ask
for a continuance quickly - at least 21 days prior to
the hearing date AND you have to provide a $750 fee.
Note that asking for a continuance may be well worth
the $750 if the scheduled hearing date is in the
middle of a busy competition season. While it's
possible, Equine Legal Solutions has not yet had a
client whose continuance request was denied.
The USEF Hearing
Committee Didn't Just Fall off the Turnip Truck
Most of the members of the USEF
Hearing Committee (all volunteers) have been in the
horse industry all their lives. They're breeders,
exhibitors, judges and trainers. They've typically
been on the Committee a long time. So, they know how
the game is played, and they've heard all the excuses.
Your explanation of "The groom gave him the wrong
meds" just won't fly, and neither will "I didn't know
it was against the rules." A winning smile won't be
enough. You'll need to prepare your defense with the
deep knowledge and experience of the Committee in mind
- don't insult their intelligence. Sometimes, the best
you can do is admit your mistake and beg for leniency.
Why
You Want an Equine Attorney for your USEF Hearing
USEF Rule GR608 provides you with
the opportunity to have your lawyer represent you at a
USEF hearing. Unless you don't care if you get the
maximum penalty for a USEFUSEF hearing process before
knows what to expect. She can develop a good plan of
action for your defense, and she'll know what the
possible outcomes are, including how to negotiate a
plea agreement or the timing of a USEF suspension. She
can help you prepare your evidence, testimony and
witnesses, and make sure your case is presented to the
USEF Hearing Committee in the best possible light.
She'll be able to predict what questions the USEF
Hearing Committee might ask, and help you prepare the
answers.
Perhaps equally important, a good
equine attorney will be a calming influence who can
help guide you and provide moral support in the days,
hours and minutes leading up to the USEF hearing.
She'll manage the deadlines and submit the paperwork
while you go on with your business. At the USEF
hearing, your attorney's job is to be your advocate.
If your equine attorney does her job, you'll leave for
the hearing with the comfort that at least one person
knows what's going on, and she's squarely in your
corner. Your equine attorney can speak for you and ask
USEF witnesses tough questions without compromising
your case. Her job is to be poised and articulate, so
you don't have to be.
To schedule a legal consultation about your USEF or
other disciplinary hearing,
contact Equine Legal Solutions.
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