In an effort to cut down on abuses of the appeals process by trainers and jockeys, the rules committee of the Kentucky Horse Racing Commission has approved a draft of a rule on frivolous appeals.

Under the proposed rule, presented to the committee by KHRC co-counsel Tim West, an appeal will be deemed frivolous if:

• The applicant for an appeal fails, without good cause, to appear at a scheduled pre-hearing;
• The applicant appears at the hearing but fails, without good cause, to offer evidence to support the application for review; or
• The appeal is totally lacking in merit such that it appears to have been taken in bad faith.

West told the committee members that if an appeal is deemed frivolous, the commission can stiffen the penalties assessed the appellant and/or make the appellant pay legal and other costs associated with the appeal.

Last year, the KHRC doubled a suspension handed jockey Calvin Borel after it was deemed that the rider’s appeal was frivolous