HISA Adjudication System: It’s not your state stewards’ hearings anymore

The rollout of the Horseracing Integrity and Safety Authority (HISA) rules has been bifurcation, with the Racetrack Safety Program starting July 1, 2022, and the Anti-Doping and Medication Control rules becoming effective May 22, 2023.

The implementation of these rules – with some provisions subject to “enforcement discretion”, or clarification by the Authority after their adoption, and absent the states of West Virginia, Louisiana, Texas and Nebraska – has been presented in articles and in the news. While some time and attention have been devoted to the differences between the preexisting and new rules, little attention has been spent on the HISA rules regarding adjudication of alleged medication violations. These rules and procedures are unrecognizable from the administrative system traditionally used by state regulators.

Prior to HISA, the disciplinary process was initiated either by a ruling issues by the racetrack stewards or when an administrative complaint was issues by the state racing commission/regulators. In most jurisdictions, the process included four steps.