2025 MFTHBA Rulebook

56 2. The Hearing Committee shall consist of the Board of Directors of the MFTHBA. 3. A hearing shall be informal with no formal rules of evidence applicable. 4. A hearing shall be recorded by tape recorder or other recording device. 5. Any questioning during a hearing shall be conducted in an orderly fashion. 6. The alleged violator shall have the opportunity to present evidence in the form of documents, recordings and testimony. 7. The Hearing Committee shall have the right to ask questions regarding the evidence presented. 8. The Hearing Committee shall respond with a written decision as per the Act, Regulations and Plan. The committee may, at its discretion, verbally inform the parties of their decision on the day of the hearing. H. Suspension start Date for Hearing Decisions: Suspensions shall begin on the first day after a decision is issued by the Hearing Committee. I. Waiver of Notice: The violator may choose to sign a Waiver of Notice declining the right to a hearing. In that case, the suspension period shall begin on the date the Waiver of Notice is received by the Administrator in the MFTHBA Office. J. Limited Exemptions for Owners in Violation: The owner(s) of a horse found to be sore may be exempt from penalties, and present such evidence in a hearing, only if: 1. The owner did not participate in entering, preparing for showing, transporting or exhibiting the horse, and 2. Took affirmative steps to a) select a trainer whom the owner would reasonably expect not to sore the horse. b) to ensure that the trainer understood what soring is as defined by the Act and understood that the owner did not want the trainer to sore the horse and understood the consequences of soring the horse. c) periodically checked the condition of the horse. 3. Examples of affirmative steps would be to have written and acknowledged instructions to the trainer, an educated consideration of the trainer’s history and unannounced visits by an independent veterinarian competent in recognizing violations of the Act. K. Pre-Show vs. Post-Show: The MFTHBA defines pre-show as pre-class and post-show as post-class. The DQP has the right to ask an exhibitor to return directly to the DQP inspection area with his/her horse immediately after the class. If a Record of HPA Violation is written after the class, all winnings and/or trophies, prized, etc., are to be forfeited and the class shall be retied. L. Multiple Penalties and Suspensions: In the event that a horse if found to be subject to both soring and scar rule violations during the same inspection, the more severe penalty shall be imposed. If a horse is on probation for soring, and a scar rule violation is recorded, the violations are mutually exclusive, and the violator shall be on a separate probation period for the scar rule violation. Multiple suspensions are to be served consecutively, not concurrently. M. Probationary Period.: A one (1) year probation period shall commence the day after the suspension period ends. If a second violation occurs during the probation period, the second Offense penalty shall be imposed. N. USDA Right to Trial: The USDA reserves the right to pursue a federal case against an alleged violator in the event that the USDA believes that the Hearing Committee decision has failed to serve the purpose of the Act, the Regulations and the Plan. Section 6. Mandatory Penalties for Violation The HPA penalty protocol and any other rules pertaining to the USDA rules will be exempt from the MFTHBA rule change procedure. Section 7. Violations of Rules During the Suspension Period A person who has been suspended or disqualified as a result of a violation shall not: A. Enter a horse for the purpose of showing, exhibiting, or selling at auction (“Enter a horse as used in this section shall mean perform any of the activities that are required to be completed before a horse can actually be shown or exhibited.)