---
kind: "section"
citation: "15 U.S.C. § 3058"
title: "15"
title_heading: "Commerce and Trade"
number: "3058"
heading: "Review of final decisions of the Authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3058"
units:
  - "Chapter 57A — Horseracing Integrity and Safety"
---

# §3058. Review of final decisions of the Authority

- (a) **Notice of civil sanctions—** If the [Authority](/usc/15/3051.md?p=1) imposes a final civil sanction for a violation committed by a covered [person](/usc/15/7a.md?p=6) pursuant to the rules or standards of the [Authority](/usc/15/3051.md?p=1), the [Authority](/usc/15/3051.md?p=1) shall promptly submit to the [Commission](/usc/15/3051.md?p=3) notice of the civil sanction in such form as the [Commission](/usc/15/3051.md?p=3) may require.
- (b) **Review by administrative law judge—**
  - (1) **In general—** With respect to a final civil sanction imposed by the [Authority](/usc/15/3051.md?p=1), on application by the [Commission](/usc/15/3051.md?p=3) or a [person](/usc/15/7a.md?p=6) aggrieved by the civil sanction filed not later than 30 days after the date on which notice under [subsection (a)](#a) is submitted, the civil sanction shall be subject to de novo review by an administrative law judge.
  - (2) **Nature of review—**
    - (A) **In general—** In matters reviewed under this subsection, the administrative law judge shall determine whether—
      - (i) a [person](/usc/15/7a.md?p=6) has engaged in such acts or practices, or has omitted such acts or practices, as the [Authority](/usc/15/3051.md?p=1) has found the [person](/usc/15/7a.md?p=6) 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](/usc/15/3051.md?p=15) safety rules approved by the [Commission](/usc/15/3051.md?p=3); or
      - (iii) the final civil sanction of the [Authority](/usc/15/3051.md?p=1) was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
    - (B) **Conduct of hearing—** An administrative law judge shall conduct a hearing under this subsection in such a manner as the [Commission](/usc/15/3051.md?p=3) may specify by rule, which shall conform to [section 556 of title 5](/usc/5/556.md).
  - (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](/usc/15/3051.md?p=1); 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—** A decision under this paragraph shall constitute the decision of the [Commission](/usc/15/3051.md?p=3) without further proceedings unless a notice or an application for review is timely filed under [subsection (c)](#c).
- (c) **Review by Commission—**
  - (1) **Notice of review by Commission—** The [Commission](/usc/15/3051.md?p=3) may, on its own motion, review any decision of an administrative law judge issued under [subsection (b)(3)](#b-3) by providing written notice to the [Authority](/usc/15/3051.md?p=1) and any interested party not later than 30 days after the date on which the administrative law judge issues the decision.
  - (2) **Application for review—**
    - (A) **In general—** The [Authority](/usc/15/3051.md?p=1) or a [person](/usc/15/7a.md?p=6) aggrieved by a decision issued under [subsection (b)(3)](#b-3) may petition the [Commission](/usc/15/3051.md?p=3) for review of such decision by filing an application for review not later than 30 days after the date on which the administrative law judge issues the decision.
    - (B) **Effect of denial of application for review—** If an application for review under [subparagraph (A)](#c-2-A) is denied, the decision of the administrative law judge shall constitute the decision of the [Commission](/usc/15/3051.md?p=3) without further proceedings.
    - (C) **Discretion of Commission—**
      - (i) **In general—** A decision with respect to whether to grant an application for review under [subparagraph (A)](#c-2-A) is subject to the discretion of the [Commission](/usc/15/3051.md?p=3).
      - (ii) **Matters to be considered—** In determining whether to grant such an application for review, the [Commission](/usc/15/3051.md?p=3) 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](/usc/15/3051.md?p=15) safety rules approved by the [Commission](/usc/15/3051.md?p=3); or
          - (bb) an exercise of discretion or a decision of law or policy that warrants review by the [Commission](/usc/15/3051.md?p=3).
  - (3) **Nature of review—**
    - (A) **In general—** In matters reviewed under this subsection, the [Commission](/usc/15/3051.md?p=3) 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](/usc/15/3051.md?p=3), is proper and based on the record.
    - (B) **De novo review—** The [Commission](/usc/15/3051.md?p=3) shall review de novo the factual findings and conclusions of law made by the administrative law judge.
    - (C) **Consideration of additional evidence—**
      - (i) **Motion by Commission—** The [Commission](/usc/15/3051.md?p=3) may, on its own motion, allow the consideration of additional evidence.
      - (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](/usc/15/3051.md?p=3), 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](/usc/15/3051.md?p=3) 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—** Review by an administrative law judge or the [Commission](/usc/15/3051.md?p=3) under this section shall not operate as a stay of a final civil sanction of the [Authority](/usc/15/3051.md?p=1) unless the administrative law judge or [Commission](/usc/15/3051.md?p=3) orders such a stay.

## Source credit

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

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (b)(2)(A)(ii), was in the original “this Act” and was translated as reading “this title”, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress.