RULEBOOK Section 2 Rule 17 Hearings

HEARINGS AND DISCIPLINARY PROCEEDINGS
All rule sections listed herein are subsets of Rule 16

Rule 1 – Appointment of Disciplinary Committee members
Each Disciplinary Committee member will be appointed with the approval of US Arabian Registry Committee. There will be three (3) DC members, according to whose names will be shown on the US Arabian Horse Registry website. Qualifications of DC members will be found in herein in these Rules.
Rule 2 – Duties of Disciplinary Committee members
A. It shall be the overriding duty of the DC to see that the rules are conducted in accordance with the written US Arabian Horse Registry Rules regarding the actions of Disciplinary Committee members and their written duties.
B. When any infringement of the Rules is observed by them they shall conduct an inquiry into such infringement.
C. They will maintain a written record of any such inquiry, their decision upon it and any penalty imposed as a result of the inquiry. Decisions will be made public at the conclusion of the proceedings.
Rule 3 – Powers of Disciplinary Committee members
A. The members of a DC have full power:
1) To determine all questions arising in connection with the conduct of the accused.
2) To order the examination by such person or persons as they think fit. 
3) To investigate any alleged infringement of the Rules, the DC shall investigate any infringement of the Rules observed by them, or any alleged infringement reported to them within one week.
B. The DC will decide if there is a case to answer and without undue delay inform the person(s) accused of any charge(s) made against him and require him to make any statement in his defense within fifteen(15) days. All possible means (witnesses, testimonies, photographs, hearings) shall be used to to expedite this process.
C. After the fourteen (14) day period is complete the DC will consider all the evidence and make a decision (convict or dismiss).
D. If the DC convicts (but not before) the accused’s previous record with US Arabian Horse Registry may be taken into account when deciding on any penalty to be imposed. The decision and notification made will be made immediately.
E. The written reasons for the decision will be communicated to the accused person(s) by registered mail within one month after the decision has been taken. Other parties involved or having an interest in the case may also be informed, but not before the accused person(s).
F. The respective individual(s) will be liable for all costs of drug testing and consequent costs of investigation and legal proceedings arising from a positive test of their horse.  
Rule 4 – Procedure of Investigation
The DC shall before opening any investigation:
A. Elect one of their number as chairman who shall conduct the investigation, inviting the other members in turn to examine any of the persons brought before them;
B. When beginning have before them the person reporting the alleged infringement, the person accused of committing the infringement and any other witnesses;
C. When beginning have in readiness an appropriate method of recording the investigation, to be put in operation by the chairman when he begins the investigation.
The DC shall then:
D. State the nature of the allegation or infringement to be investigated;
E. Examine each witness in turn;
F. Give the person accused a hearing and allow the person to question witnesses;
G. Re-examine witnesses if necessary;
H. Ask everyone to withdraw while it considers its decision, the majority decision shall prevail;
I. Recall the person accused and the person making the allegation and inform them of the decision and the penalty imposed, if any;
J. Write out and sign an account of the investigation to be sent to the US Arabian Horse Registry (c/o Secretary).
K. Whenever the DC decides that an infringement has been committed and imposes a penalty, it shall notify the accused if they will be allowed continued participation, who can inform the public via the announcer if the show is still continuing.
Rule 5 – Binding Powers of the DC Committee
The decisions of the DC shall be binding on all parties subject always to the right of appeal.
Rule 6 – Investigations and Reports
A. When an alleged infringement is reported, the report shall be made in writing addressed to the DC, signed and accompanied by a deposit of twenty-five dollars, $25, which may be forfeited to US Arabian Horse Registry, if the report is decided by the DC to be unfounded. Such report must name witnesses and any relevant documentary evidence.
B. When an alleged infringement is reported, the DC shall by investigation establish the facts, decide whether an infringement has been committed and, if it decides it has, impose on the responsible person one or more of the penalties at its disposal.
C. When an alleged infringement cannot be established, nor decided by the DC, the DC members shall report to US Arabian Horse Registry (c/o Secretary). 
Rule 7 – Hearings
A. Any person or entity (“Person”) wishing to object to any action or decision of the Disciplinary Committee, or officer of US Arabian Horse Registry (collectively “Registrar/Officer”) in the application of the Rules to such Person or to such Person’s horse(s), may, within 30 days after being advised of such action or decision (by telephone, e-mail, facsimile or mail to the last address on file for the Person), submit to the Disciplinary Committee of US Arabian Horse Registry a written statement (“Statement”) including:
1. The specific nature and basis for objecting to the action or decision of the Disciplinary Committee;
2. A brief statement of the facts and any documents, affidavits or other written material which that Person believes will be helpful in considering the matter; and
3. If a hearing is requested, a specific request for a hearing, a non-refundable administrative fee of one thousand dollars ($1,000.00) must be submitted with the Statement.
4. Any Person submitting a Statement under this rule may request an expedited determination by submitting a written request to the Disciplinary Committee with a detailed explanation as to why an expedited determination is warranted.
5. If no hearing is requested, then all information submitted by the Person and the Registrar/Officer shall be considered by the Disciplinary Committee at their next meeting after receipt of the Statement, at which time the Disciplinary Committee shall make a final determination. That determination shall be promptly reduced to writing, stating the decision made and briefly stating the reasons for such decision, and delivered to the Person (and his counsel, if any) and to the Registrar/Officer.
B. If a hearing is requested then, within 15 days after receiving the Statement, the designee of the US Arabian Horse Registry, shall provide written notice to the Person of the name, address and telephone number of the independent hearing officer (“Hearing Officer”) appointed to hear the matter.
1. Within 15 days after the date of the appointment of the Hearing Officer, the Hearing Officer shall conduct a telephonic prehearing conference for the purpose of ruling on preliminary matters, clarifying and narrowing the issues, entering into stipulations, scheduling the hearing and considering other issues as may aid in the disposition of the matter. The final hearing shall be scheduled no less than 15 and no more than 30 days after the date of the prehearing conference unless the parties otherwise agree. All hearings shall take place at the offices of US Arabian Registry.
2. Any Person requesting a hearing may appear personally and/or through counsel authorized to act on such Person’s behalf, and may present witnesses and other evidence. The Registrar/Officer of US Arabian Horse Registry may appear with counsel and may testify and present witnesses and other evidence. Any other person having an interest in the subject matter may appear at the hearing if the Hearing Officer determines that such person might materially assist in the determination of the matter. All testimony at the hearing shall be under oath and stenographically recorded. The Hearing Officer shall not be bound by technical rules of evidence and may receive any evidence which he considers to be reliable and relevant, if not unduly repetitious, including testimony which would be hearsay if presented in a court of law. 
3. The Hearing Officer shall, within 45 days after the close of the hearing, submit written factual findings and recommendations to the Disciplinary Committee and provide a copy of those findings and recommendations to the Person (and his counsel, if any) and to counsel for the Registrar/Officer. The Disciplinary Committee shall, no later than the next meeting of the Disciplinary Committee after the findings and recommendations are made, make a final determination of the matter. The Disciplinary Committee may accept or reject the findings and/or recommendations in whole or in part. The determination of the Disciplinary Committee shall then be promptly reduced to writing, stating the decision made and briefly stating the reasons for such decision, and delivered to the Person (and his counsel, if any) and to counsel for the Registrar/Officer.
4. A Person who has requested a hearing may subsequently waive the right to a hearing by submitting to the Hearing Officer a written statement waiving the right to hearing, in which case, the matter shall proceed as if no hearing had been requested. Any requests for postponement of a scheduled hearing must be made in writing showing good cause why the postponement should be granted and must actually be received by the Hearing Officer at least three (3) business days prior to the scheduled date of the hearing, absent extreme exigent circumstances.
5. If a Person requests a hearing but fails to appear on the scheduled date, the matter shall proceed as if no hearing had been requested.
C. The authority of the Disciplinary Committee and any Hearing Officer appointed to hear any matter initiated under these rules shall be limited to considering whether the Registrar/Officer or Disciplinary Committee acted in accordance with the Principal Rules and Requirements of US Arabian Horse Registry Stud Book and any applicable policies of US Arabian Horse Registry, including the extent of a denial of privileges of US Arabian Horse Registry shall be final.
Rule 8 – Deceptive Practices
A. Any person or entity (collectively “Person”) may be denied any or all of the privileges of US Arabian Horse Registry in the event:
1. That Person either knowingly misrepresents or aids or abets the misrepresentation of the identity, name, age, appearance, pedigree, genetic type, eligibility for registration or any other information in, or in connection with, any communication to US Arabian Horse Registry; issue, sell, exchange, give away or receive, or offer a false or fraudulent certificate, representing the same to be a genuine official certificate issued by US Arabian Horse Registry; represent any horse owned or managed by him to be a Purebred Arabian registered unless the same be registered in the official Stud Book; and represent as a registered Purebred Arabian any horse other than the horse for which the registration certificate was issued. 
2. That Person steals, counterfeits, forges or alters a certificate or document issued by US Arabian Horse Registry or knowingly receives a stolen, counterfeited, forged or altered certificate or document issued by US Arabian Horse Registry; 
3. That Person intentionally violates any of the Principal Rules and Requirements of US Arabian Horse Registry;
B. Within 15 days after the date of the appointment of the Hearing Officer, the Hearing Officer shall conduct a telephonic prehearing conference for the purpose of ruling on preliminary matters, clarifying and narrowing the issues, entering into stipulations, scheduling the hearing and considering other issues as may aid in the disposition of the matter. The final hearing shall be scheduled no less than 15 and no more than 30 days after the date of the prehearing conference unless the parties otherwise agree. All hearings shall take place at the offices of US Arabian Registry.
1a. Any Person requesting a hearing may appear personally and/or through counsel authorized to act on such Person’s behalf, and may present witnesses and other evidence. The Registrar/Officer or Trustee acting as the Registrar of US Arabian Horse Registry may appear with counsel and may testify and present witnesses and other evidence. Any other person having an interest in the subject matter may appear at the hearing if the Hearing Officer determines that such person might materially assist in the determination of the matter. All testimony at the hearing shall be under oath and stenographically recorded. The Hearing Officer shall not be bound by technical rules of evidence and may receive any evidence which he considers to be reliable and relevant, if not unduly repetitious, including testimony which would be hearsay if presented in a court of law.
2a. The Hearing Officer shall, within 45 days after the close of the hearing, submit written factual findings and recommendations to the Disciplinary Committee and provide a copy of those findings and recommendations to the Person (and his counsel, if any) and to counsel for the Registrar/Officer. The Disciplinary Committee shall, no later than the next meeting of the Disciplinary Committee after the findings and recommendations are made, make a final determination of the matter. The Disciplinary Committee may accept or reject the findings and/or recommendations in whole or in part. The determination of the Disciplinary Committee shall then be promptly reduced to writing, stating the decision made and briefly stating the reasons for such decision, and delivered to the Person (and his counsel, if any) and to counsel for the Registrar/Officer.
3a. A Person who has requested a hearing may subsequently waive the right to a hearing by submitting to the Hearing Officer a written statement waiving the right to hearing, in which case, the matter shall proceed as if no hearing had been requested. Any requests for postponement of a scheduled hearing must be made in writing showing good cause why the postponement should be granted and must actually be received by the Hearing Officer at least three (3) business days prior to the scheduled date of the hearing, absent extreme exigent circumstances.
4a. If a Person requests a hearing but fails to appear on the scheduled date, the matter shall proceed as if no hearing had been requested.
C. The authority of the Disciplinary Committee and any Hearing Officer appointed to hear any matter initiated under these rules shall be limited to considering whether the Registrar/Officer or Disciplinary Committee acted in accordance with the Principal Rules and Requirements of US Arabian Horse Registry Stud Book and any applicable policies of US Arabian Horse Registry, including the extent of a denial of privileges of US Arabian Horse Registry shall be final.
Rule 9 – Abuse
US Arabian Horse Registry supports the actions of other organizations as well as those reported of inhumane treatment of a horse in any manner anywhere in prohibiting this treatment. Inhumane treatment is the exhibition of a crippled or injured horse, or a horse with any other health abnormality, which could thereby result in the horse’s undue extreme discomfort or distress where the entire Purebred Arabian breed shall be associated with such practices of inhumane treatment. The decision of the Disciplinary Committee members as to inhumane treatment should be based upon consultation with a veterinarian. 
Rule 10 – Penalties and Measures
When as a result of an investigation the DC is satisfied that any person has committed any infringement, it has the power at their discretion to impose on such person any one or more of the following penalties or measures:
A. A written warning;
B. Penalty of the owner of the investigated horse or the actions of the owner may be a fine ranging from $100 to $1000, and/or as called for in penalties to be applied or to suspend the person(s) responsible for the offense for any period up to ten (10) years for each offense and/or imposing fines appropriate to the offense.
C. The owner of the horse will be informed and offered the option of a second test by the same laboratory. A reply will be demanded to be made within 30 days, and a date set for not less than 42 days to meet and hold a hearing. The owner may attend and/or be represented at such hearing.
D. The DC will consider all evidence available and act in accordance with the rules of US Arabian Horse Registry Disciplinary Committee. Horses in whose body fluids a forbidden substance is traced which has the ability to alter the genetic transmission to their offspring automatically suspended for a period of not less than five (5) years.
E. To extend part or whole of the incidental costs of investigation upon the person(s) investigated.
F. In the case of a continued or repeated offense of the same nature which will be construed as a third offense, the DC will impose the suspension of the person responsible from up to (ten) 10 years to a lifetime suspension.
Rule 11 First and Second Offenses
A. First Offense – when permitted. A violation for any of the above subsections dealing with abuse or inhumane treatment of animals within these rules will call for a minimum $500 fine or a minimum of six (6) months suspension, or both, from all activities of AHFA for the first infraction.
1) Minimum fine of $500.
2) Probation or suspension for a minimum of six (6) months or both may be imposed from all activities of US Arabian Horse Registry.
3) Or both of the above.
B. Second Offense – when permitted. Any violation involving surgical and cosmetic alterations, other than authorized by the Rules, will be punished by an automatic $1,000 fine and six (6) months suspension for the first infraction.
1) Mandatory $1,000 fine
2) Probation or suspension for a minimum of six (6) months or both may be imposed from all activities of US Arabian Registry.
3) Or both of the above.
C. Other offenses within the ten (10) year period will be dealt with severely – fines and suspension will be increased as appropriate.
Rule 12 – Appeals 
A. Any person on whom a penalty or a measure has been imposed in accordance with these rules above shall be entitled to appeal to the US Arabian Horse Registry, who shall appoint a Disciplinary Appeals Committee (DAC) to hear the appeal with such decision to convict or dismiss to be lodged in writing with the US Arabian Horse Registry Secretary.
B. The Disciplinary Appeals Committee shall consist of two members of the US Arabian Horse Registry unaffiliated with the Disciplinary Appeals Committee; all appointed by the President of US Arabian Horse Registry Board of Trustees.
C. The appellant shall appeal in writing within 21 days from the last day of the show or date of notification (registered mail, date of post mark), stating the grounds of the appeal and submitting any written evidence he wishes to be considered by the DAC. 
D. When lodging an appeal a deposit of $1000 shall be made at same time, which shall be forfeited, unless the Disciplinary Appeals Committee decides there was good and reasonable grounds for the appeal. 
E. The DAC will communicate the result of the appeal to the appellant within three months of receiving the appeal in writing, and before informing the member organization of the country in which he resides.
F. The DAC shall after the conclusion of an appeal, except where it has reversed the decision of the Disciplinary Committee, have power at its discretion to order any person to pay such reasonable costs and expenses relating to the appeal as they may determine.
G. The authority of the Disciplinary Appeals Committee and any Hearing Officer appointed to hear any matter initiated under these rules shall be limited to considering whether the Registrar/Officer or Disciplinary Committee acted in accordance with the Principal Rules and Requirements of US Arabian Horse Registry Stud Book and any applicable policies of US Arabian Horse Registry, including the extent of a denial of privileges of US Arabian Horse Registry shall be final.

Rule 13 – Suspensions
A. 
Any person who has been suspended by US Arabian Horse Registry will not be allowed to participate in any US Arabian Registry activity. In the event a suspended person attempts to participate or acts as an agent during the period of the suspension, an additional six (6) months will be added to their suspension. 
B. Every person who is suspended by the American Quarter Horse Association, the American Paint Horse Association, the National Cutting Horse Association, the International Side Saddle Organization, the Jockey Club, the National Snaffle Bit Association, the National Reined Horse Association, or any other equine affiliated organization for inhumane treatment of horses, shall stand as suspended by US Arabian Horse Registry upon official notification to US Arabian Horse Registry from such organization of any such disciplinary action which has become final and non-appeal able.
C. US Arabian Horse Registry shall honor the disciplinary actions of its and state veterinarian board final reports when supplied with satisfactory evidence that the person so disciplined has been given a full and impartial hearing by the affiliate organization involved; however, any action taken by an affiliate will not limit the authority or jurisdiction of US Arabian Horse Registry.
D. Statute of Limitations, unless otherwise specified in these rules and regulations, is to be ten (10) years after disciplinary action, a member would have a clean record and a further infraction of the rules after that ten (10) year period would be dealt with as a first offense.
Rule 14 – Adverse Action
No person shall make a derogatory remark, nor take nor threaten to take, adverse action against US Arabian Horse Registry, its Trustees, agent, servants or employees. Any person who violates this rule is subject to disciplinary action and is also responsible to US Arabian Horse Registry for any loss or damage caused by a violation of this rule.
Rule 15 – Litigation
A. You as owner (or agent for the owner) will be accepting responsibility for all parties connected with your horse and you will also be relinquishing any right to sue or to take any argument any further than the decision of the Disciplinary Committee, also known as the Disciplinary Appeal Committee.
B. If any member institutes litigation in which US Arabian Horse Registry is included as a defendant in an effort to recover damages, to overturn enforcement or interpretation of the Bylaws, Rules or Regulations, findings and rulings of the Disciplinary Committee or for any other reason whatsoever, and does not prevail in said litigation by the recovery of all relief requested, said member shall be liable to US Arabian Horse Registry for its attorney’s fees, costs of court, and other expenses incurred in connection with such litigation. Venue for any litigation in which US Arabian Horse Registry is included as a defendant shall be Potter County, State of Texas.

SECTION 9 – Application of Texas State Liability Law
The US Arabian Horse Registry, it’s Board of Trustees, Officers, Members of Commissions and Committees, Members of Hearing Boards, Employees, Representatives and Agents will attempt to obtain true and complete information in connection with registration of horses, transfers of Certificates of Registration, hearings, and all other matters relating to USAHR Registry activities. Except for proven intentional wrongdoing, neither the USAHR Registry nor its Directors, Officers, Commission Members, Committee Members, Hearing Board Members, Employees, Representatives or Agents will be liable in any way, whether in damages or otherwise, for the issuance of any Certificates of Registration, for the transfer of any Certificates of Registration, for the refusal to issue a Certificate of Registration, for the issuance of any pedigree statements, for the refusal to transfer any Certificate of Registration, for the cancellation of any Certificate of Registration, for any disciplinary proceeding brought against or penalties imposed on any member or other person, or for any other activities engaged in, by, or on behalf of the US Arabian Horse Registry. In addition, without limiting the application of the foregoing, the internal laws of the State of Texas shall determine and control the liability of any Trustee of the US Arabian Horse Registry or of any other person acting on a voluntary basis without compensation for the benefit of the US Arabian Horse Registry.

SECTION 10 – AMENDMENT
Any rule or regulation promulgated hereunder may be repealed, modified, altered or amended and any new rule or regulation may be adopted at any regular or special meeting of the Registration Commission by a majority vote of the members of the organization and the Board of Trustees. Notice of any changes will be posted on the US Arabian Horse Registry Website.

Rule change proposals are accepted each year at least two (2) months prior to US Arabian Horse Registry. Download a By Laws or use the Bylaws form for a rule change proposal form (PDF) and send through US Postal mail or e-mail to Rule Changes, subject line.
A. Define the problem and develop as many possible solutions as you can by asking others for input.
B. Choose one possible solution that appears to be the most appropriate and that fits the mission and goals of US Arabian Horse Registry.
C. Determine if any other rules would be affected if your proposal were to be adopted, and specify the rule numbers.
D. Submit proper wording for a proposed rule change by typing or neatly printing the exact wording being proposed. If you propose changes to existing language, strike through the words you propose to delete. Type in bold and italics the words you propose to add.
E. Meritorious proposed rule changes submitted with sufficient documentation and specific explanations detailing reasons for the change will be assigned to the respective committee(s) and included on US Arabian Horse Registry’s website with an invitation for members to submit comments. Rule changes submitted without sufficient documentation and specific explanations detailing reasons for the change will not be assigned to a committee.

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