Current through September 9, 2024
(a)
Designation of officials. The officials of a harness race meeting
shall include the following:
(1) Presiding
judge, also known as the commission judge.
(2) Two associate judges.
(3) Patrol judges, not less than
two.
(4) Paddock judge.
(5) Finish wire judge.
(6) Starter.
(7) Clerk of the course.
(8) Racing secretary.
(9) Timer.
(10) Veterinarians.
(11) Program director.
(12) Announcer.
(13) Charter.
(b)
Required presence of officials in a
race or performance against time. In every race or performance against
time, there shall be a presiding judge and two associate judges in the judges'
stand.
(c)
Approval by
commission.
(1) At least thirty (30)
days prior to the first day of a race meeting, the association shall submit in
writing to the commission the names of all racing officials engaged for the
meeting, and no racing official shall be qualified to act until he shall have
been licensed by the commission and pay the fee, if any, required by the act.
It shall be the duty of the commission to ascertain that the persons submitted
are fully qualified to perform the duties required of them. In the event of
incapacitation of any such approved racing official, the association may, with
the approval of the commission, appoint a substitute who must, within seven (7)
days of his appointment, obtain a license from the commission and pay the
required fee. No race official will be considered for approval by the
commission unless he has been licensed by the United States trotting
association.
(2) All officials
enumerated in rule (a) of this section shall be appointed by the association
holding the meeting with such exceptions as may be hereinafter noted. All the
appointments are subject to being licensed by the commission, which reserves
the right to demand a change of personnel for what it deems good and sufficient
reason, the successors to officials so replaced to be subject to being licensed
by the commission.
(d)
Dual positions. No operating official may hold more than one
position at a track unless written permission is obtained from the commission
at least ten (10) days prior to the beginning of a meet. After the beginning of
a meet, if an operating official is required to fill more than one position due
to emergencies, a full written report of the circumstances must be filed with
the commission requesting approval of such action.
(e)
Wagering or interest by
officials. No racing official shall place wagers, direct or indirect,
upon the outcome of any harness horse race conducted at a track at which he
works or officiates, or have or maintain any interest, direct or indirect, in a
horse participating at any licensed meeting where he works or
officiates.
(f)
Wagering or
interest by certain track employees. No employee of a licensed harness
racetrack whose duties allow access to information pertaining to the
classification of horses shall place wagers upon the outcome of any harness
horse race conducted at the track where he is employed, shall he directly or
indirectly, be the owner of any horse racing at such meeting, nor shall he
participate financially, directly or indirectly, in the purchase or sale of any
horse racing at such meeting.
(g)
Compensation. All officials, except the presiding judge and the
commission veterinarian(s), enumerated in this section shall be compensated by
the association conducting the meeting.
(h)
Removal of official. Any
official may be fined, suspended, or his license may be denied or revoked at
any time for incompetency, failure to follow or enforce the rules, or any
conduct detrimental to the sport. No race official shall on any day upon which
he is required to officiate, drink alcoholic beverages within four (4) hours
prior to the time he should begin performing his duties as an official.
Officials, when directed by the commission, shall submit to a breath analyzer
test and if the results thereof show a reading of more than .05 percent alcohol
in the blood, a report shall be made to the commission. Such disqualification
shall be reported to the presiding judge who shall appoint a
substitute.
(i)
Admission to
judges' stand. Only the judges, the clerk of the course, the starter and
timers, announcer, officials and directors of the United States trotting
association and the commission or its authorized representatives shall be
allowed in the judges' stand during a race.
(j)
Presiding judge. The
presiding judge shall be appointed and licensed by the commission and shall be
principal representative of the commission at all harness race meetings. He
shall have supervision over all race officials, licensees, and employees or
appointees of the commission. He shall supervise the licensing of all those
persons required to be licensed by the commission and supervise the security
provisions of all associations. He shall supervise the conduct of the racing,
the parimutuel operations, and the testing of horses. His authority is extended
to cover all powers and duties of the commission, subject to review by the
commission. He shall have the authority to conduct inquiries and in connection
therewith to recommend to the commission the issuance of subpoenas to compel
the attendance of witnesses and the production of all relevant and material
reports, books, papers, documents, correspondence, and other evidence. He shall
have the power to administer oaths and examine witnesses and shall submit a
report of all proceedings thereon. He shall at all times have access to all
parts of the course, plant and grounds, including the parimutuel department.
The compensation of the presiding judge shall be fixed and paid by the
commission. The commission, in its discretion, may appoint such assistants or
deputies to the presiding judge as it may deem necessary, who shall have the
same authority as the presiding judge in his absence but such assistants or
deputies shall be junior in authority to the presiding judge at all times. The
presiding judge shall enforce the rules and regulations of the commission and
shall render daily reports of the activities and conduct of such race meetings
to the commission. The presiding judge shall have supervision and ultimate
authority over all other licensed race officials. He shall, in writing, notify
the commission of all violations of any rules by an association, its officers
or other race officials, giving detailed information thereof. A copy of such
notice shall be sent by him to the United States trotting association. He shall
be responsible for maintenance of the records of the meeting and he shall take
charge of the declaration box. He shall establish and maintain post time. In
addition, he shall supervise:
(1) The
maintenance of the judges' books, the steward's list and the accident reports
and daily reports to the commission.
(2) The preparation, delivery and posting of
all notices, of penalties, rulings and decisions.
(3) The procedures prescribed by these rules
with respect to investigations and hearings.
(4) The drivers' meetings prescribed by these
rules.
(5) The handling of entries
and declarations to start and the application of preferences to race.
(6) All announcements over the public address
system pertaining to the race program.
(7) The admittance of persons to the judges'
stand subject to the direction of the commission.
(8) The coupling of horses accepted for entry
where it is necessary to protect the public interest.
(9) The declaration as provided for under
section
12-574-B34
of these rules.
(k)
Powers of judges. Presiding judge and associate judges shall have
the authority to:
(1) In cases in which the
judges determine that a serious offense may have been committed, the judges
shall immediately place offending persons on suspension and make in writing a
report to the commission. In cases in which the judges determine that minor
violations have occurred, the judges may impose a sentence not to exceed ten
(10) days and/or a fine.
(2)
Determine all questions of fact relating to the race.
(3) Decide any difference between parties to
the race or any contingent matter which shall arise which is not otherwise
provided for in the rules.
(4)
Declare pools and bets "off" in case of fraud, or to declare any horse a
nonstarter and to direct the refund of all wagers made thereon, from which no
appeal will be allowed. All pools and bets shall follow the decision of the
judges. Such decisions in respect to pools and bets shall be made at the
conclusion of the race upon the observations of the judges and upon such other
facts as an immediate investigation will develop. A reversal or change of
decision after the official placing at the conclusion of a heat or dash shall
not affect the distribution of the betting pools made upon such official
placing. When pools and bets are declared "off" for fraud, the guilty parties
shall be penalized.
(5) Control the
horses, drivers, trainers, grooms and assistants and punish any person engaged
in any portion of the racing program who shall fail to obey their orders or the
rules.
(6) Investigate every
apparent or possible interference or rule violation and examine under oath all
parties connected with a race as to any violation of rules or complaint. Any
person required to appear before the judges for a hearing or examination who
shall fail to appear after due notice in writing shall be penalized according
to these rules.
(7) Consider
complaints of foul from the patrol judges or drivers in the race and no
others.
(8) Make such decision in
the public interest required by extraordinary circumstances not covered by
these rules.
(l)
Duties of judges. It shall be the duty of the judges to:
(1) Exclude from the race any horse that in
their opinion is improperly equipped, dangerous, unmanageable, or unfit to
race. When a driver or owner reports to the presiding judge that his horse is
unfit to race, ill or otherwise physically incapable of racing, the presiding
judge shall call for an examination of the horse by the association
veterinarian and the association veterinarian shall examine such horse and
submit an oral report of his findings to the presiding judge immediately,
followed by a written report within twenty-four (24) hours to the presiding
judge.
(2) Investigate any apparent
or possible interference or other violation of section
12-574-B40
whether or not a complaint has been made by a driver.
(3) Investigate any act of cruelty, seen by
them or reported to them, toward a race horse during a meeting at which they
officiate. If the judges find that such an act has been committed, offenders
shall be penalized according to the rules.
(4) In case of an accident, the judges shall
fill out a complete accident report and mail the report to the United States
trotting association immediately thereafter.
(5) Observe the performance of the drivers
and the horses closely to ascertain if there are any violations of these
rules.
(6) Grant a hearing when
practicable at a designated time in accordance with the commission rules
concerning "Rules of Practice and Hearing Procedures" before a penalty may be
imposed. All three judges should be present if possible, and at least the
presiding judge and one associate judge must be present at all hearings. The
judges may inflict the penalties prescribed by these rules. All penalties shall
be recorded pursuant to these rules.
(7) Declare a dash or heat of a race "no
contest" or cancel the remainder of the program in the event of a power failure
during the progress of a race.
(m)
Procedures of judges. It
shall be the procedure of the judges to:
(1)
Be in the judges' stand fifteen (15) minutes before the first race and at all
times when the horses are upon the track, and remain in the judges' stand for
ten (10) minutes after the last race.
(2) Observe the preliminary warming up of
horses and scoring; noting the behavior of horses, possible lameness,
irregularities in equipment, possible misconduct of drivers, unusual changes in
odds and any unusual incidents pertaining to horses or drivers participating in
races.
(3) Give appropriate notice
to the drivers at least ten (10) minutes before a race. Any driver failing to
obey this summons may be penalized and his horse may be ruled out of the race
by the judges.
(4) Be responsible
for locking the pari-mutuel machines immediately upon the horses reaching the
official starting point. The presiding judge shall designate the post time for
each race and the horses will be called at such time as to preclude excessive
delay after the completion of scoring.
(5) Maintain communication with the patrol
judges by telephonic and/or radio devices from the time the starter picks up
the horses until the finish of the race. A written record is to be made of
every break, violation of rules or incident reported by the patrol judges. At
least one judge shall observe the drivers throughout the stretch specifically
noting any change in course, interference, improper use of whips, breaks, and
failure to contest the race to the finish. An electronic recording shall be
made and preserved of all communications between the patrol judges and the
judges' stand at all extended pari-mutuel meetings.
(6) Be in continuous communication with each
other in cases where the commission requires one of them to ride in the
starting gate behind the horses for the purpose of patrolling the race. In such
case. the judge assigned to the starting gate shall maintain continuous
communication with a judge assigned to the judges' stand and perform all duties
described in rule (n) of this section.
(7) Cause to have the objection and/or
inquiry sign posted on the odds board in the case of a complaint or possible
rule violation, and immediately notify the announcer of the objection and of
the horse or horses involved as soon as the judges have made a decision, the
objection sign shall be removed, the correct placing displayed, and the
"official" sign flashed. In all instances, the judges shall post the order of
finish and the official sign as soon as they have made their
decision.
(8) Display the photo
sign if the order of finish among the contending horses is less than a
half-length or a contending horse is on a break at the finish. The judges shall
examine the photo and after a decision is made, a copy or copies shall be made,
checked by the presiding judge, and posted for public inspection. In the event
of failure of photo finish equipment and/or service, or if a distorted,
deceptive or otherwise inadequate picture is developed, the judges shall decide
the order of finish and such decision shall be final.
(9) Sign the judges' book after each race,
verifying the correctness of the record by the clerk of the course.
(n)
Duties of the patrol
judges.
(1) The patrol judges shall
observe all activity on the racetrack at all times during the racing program.
There shall be not less than two patrol judges except in cases where a patrol
judge is stationed in the starting gate. They shall immediately report to the
presiding judge:
(A) Any action on the track
which could improperly affect the result of the race.
(B) Every violation of the racing
rules.
(C) Every violation of the
rules of decorum.
(D) The lameness
or unfitness of any horse.
(E) Any
lack of proper racing equipment.
(2) The patrol judges shall:
(A) Be in constant telephonic or radio
communication with the judges during the course of every race and shall
immediately advise the judges of every rule violation, improper act or unusual
happening which occurs at their stations.
(B) Submit individual daily reports of their
observations of the racing to the presiding judge.
(C) When directed by the presiding judge,
attend hearings or inquiries on violations and testify thereat under
oath.
(o)
Absence of officials.
(1) Deputy
and temporary judges.
(A) The association
shall appoint two (2) deputy judges to serve in the absence of the association
judges. In the event of an emergency, where a deputy judge who is called to
duty is absent or cannot be present in time, the association may appoint a
temporary judge from the licensed officials employed by the association. The
association shall make a full written report of the absence of a judge or
deputy judge to the commission immediately including therein the names of the
replacements. Appointments of temporary judges and utilization of deputy judges
shall be made only with the full knowledge and consent of the duly authorized
representative of the commission at the track. Appointments of temporary judges
are valid only for the day of their appointment. Likewise, the commission shall
appoint a deputy judge to act in the absence of the commission judge. In the
event the commission judge or his deputy is absent, the rules governing
temporary judges appointed by the association shall govern.
(B) Deputy judges may also be licensed as an
official who is employed by the association but must have a license to act as a
deputy judge.
(2)
Emergency substitute.
(A) When vacancies
occur among the officials, other than the judges, and the association has not
notified the judges prior to the time fixed for the first race of the day that
it has been filled, the judges shall fill such vacancy immediately, said
appointment to stand for the day only.
(B) Should the vacancy occur after the racing
for the day has started, the judges shall fill the vacancy at once, the
appointment standing for the day only; unless the association shall fail to
fill the vacancy on the following day and notify the judges of their action one
hour before the time fixed for the first race.
(C) Emergency substitutes shall be persons
holding a license from the commission as an official.
(3) Notice of such appointments shall be
given immediately to the United States trotting association.
(p)
Starter.
(1) The starter must hold a starter's license
for the current year issued by the United States trotting association. The
starter shall be under the jurisdiction of the presiding judge at all
times.
(2) The starter shall be in
the starting gate fifteen (15) minutes before the first race. He shall have
control over the horses and subject to the commission rules concerning "Rules
of Practice and Hearing Procedures", have authority to penalize drivers with
the approval of the presiding judge, for any violation of the rules from the
formation of the parade until the word "go" is given. He shall report
violations of the rules, giving detailed information. He shall notify the
judges and the drivers of penalties imposed by him. The starter shall submit
daily the tape from the device disclosing the speed of the gate for each race
to the presiding judge. An assistant starter, approved and licensed by the
commission, may be employed when an association, with the approval of the
commission, deems it necessary.
(q)
Duties of the clerk of the
course. The clerk of the course shall:
(1) Maintain all official race summaries,
records, suspensions and fines; shall prepare and serve all notices relating
thereto and provide daily copies thereof to the commission, the association,
and to the United States trotting association.
(2) At the request of the judges assist in
drawing positions.
(3) Keep the
judges' book and record legibly therein:
(A)
All horses entered and their eligibility numbers.
(B) Names of owners and drivers and drivers'
license numbers.
(C) A record of
each heat, giving the position of the horse at the finish.
(D) Drawn or ruled out horses.
(E) Time in minutes, seconds and fifths of
seconds.
(4) Cheek
eligibility certificates before the race, and after the race enter all
information provided for thereon, including the horse's position in the race as
it was charted.
(5) Record all
protests, fines, penalties and appeals forms provided by the presiding judge,
and see that the judges' book is properly signed.
(6) Forward the judges' book from all
extended parimutuel meetings the day following each racing day.
(7) Notify owners and drivers of penalties
assessed by the officials and post a copy of such notice in the racing
secretary's office.
(8) Upon
request, assist judges in placing horses.
(9) After the race, return the eligibility
certificate to the race secretary or his representative.
(10) Check all drivers' licenses and advise
program director of fines and suspensions listed thereon and whether such
license is a limited one.
(r)
Duties of timers. At each
race or performance against time there shall be at least one timer in the
judges' or timers' stand. He shall sign the judges' book for each race or
performance against time verifying the correctness of the record. All times
shall be announced and recorded in fifths of seconds. An electronic timing
device, approved by the commission, must be used. If, at any time, the
electronic timing device should fail, the decision of the timer as to the time
of the heat or dash shall be official. The timer shall be in the stand fifteen
(15) minutes before the first heat or dash is to be contested. He shall start
his watch when the first horse leaves the point from which the distance of the
race is measured. The time of the leading horse at the quarter, half,
three-quarters, and the finish shall be taken. If odd distances are raced, the
fractions shall be noted accordingly.
(s)
Duties of the paddock judge.
Under the direction and supervision of the presiding judge, the paddock judge
shall have complete charge of all paddock activities as outlined in rule (k) of
section
12-574-B23. The
paddock judge shall:
(1) See that the horses
in the race are on the track for post parades in accordance with the schedule
given to him by the presiding judge.
(2) Inspect horses for changes in equipment,
broken or faulty equipment, head numbers and saddle pads.
(3) Supervise paddock gate men.
(4) Check horses and drivers in and out of
the gate.
(5) Direct the activities
of the paddock blacksmith.
(6)
Immediately notify the presiding judge of anything that could in any incident
change, delay or otherwise affect the racing program.
(7) See that only properly authorized persons
are permitted in the paddock.
(8)
Supervise the identification of horses in the race.
(9) Notify the presiding judge of any change
of racing equipment or shoes before the race.
(10) Inspect and supervise the maintenance of
all emergency equipment kept in the paddock.
(11) Notify judges of the reason for any
horse returning to the paddock after having entered the track for the post
parade and before the start of the race.
(12) Notify judges of all trainers and grooms
who leave the paddock in an emergency.
(13) Supervise and maintain cleanliness of
paddock.
(14) Supervise the conduct
of all persons in the paddock.
(15)
The paddock judge will report any cruelty to any horse that he observes to the
presiding judge.
(t)
Program director. Each association shall designate a program
director. It shall be the responsibility of the program director to furnish the
public complete and accurate past performance information as required by rule
(b) of section
12-574-B25.
(u)
Duties of race secretary.
The race secretary of each association must he licensed and approved by the
commission and it shall be the duty of the race secretary to:
(1) Receive and keep safe the eligibility
certificates of all horses competing at the racetrack or stabled on the grounds
owned or cared for by the association and to return same to the owner of a
horse or his representative upon their departure from the grounds.
(2) Be familiar with the age, class, and
competitive ability of all horses racing at the track.
(3) Classify and reclassify horses in
accordance with the rules.
(4)
Twist horses in the classes for which they qualify and to cause such lists to
be kept current and to be properly displayed in the room in which the
declaration box is located for examination by horsemen and others.
(5) Write conditions and to schedule the
daily racing programs to be presented at the racetrack and to post same not
less than eighteen (18) hours before declarations close.
(6) Provide for the listing of horses in the
daily program; to examine all entry blanks and declarations; to verify all
information set forth therein; to select the horses to start and the also
eligible horses from the declarations in accordance with the rules governing
these functions.
(7) Examine
nominations and declarations in early closing events, late closing, and stake
events; verify the eligibility of all declarations and nominations, and to
compile lists thereof for publication.
(8) Establish standards for horses. The
standards shall be posted at a place in which declarations are made and printed
on all conditions and qualifying books.
(v)
Commission veterinarian.
(1) The commission shall appoint a duly
licensed veterinarian at each association track who shall be known as the
commission veterinarian. His compensation shall be fixed and paid by the
commission.
(2) Association
veterinarian. Each association shall employ a duly licensed veterinarian who
shall be known as the association veterinarian. The association veterinarian
shall be compensated by the association at whose track his services are
rendered. It shall be the duty of the association veterinarian to:
(A) Supervise the inspection and examination
of every horse when first entered in a race meeting in the state, and to make a
report of such examination to the presiding judge of the meeting.
(B) Examine such horses as the presiding
judge may request and shall report the findings of such examination to the
presiding judge.
(C) Reexamine and
approve for release from the steward's list all horses that have been placed
thereon for being lame, sick or injured, before they may be declared in to race
again.
(D) Observe the training and
warming up of the horses stabled at a licensed race meeting and examine any
horse which may appear ill or infirm, and report to the presiding
judge.
(E) Observe the horses in
the paddock and while warming up for the racing program; investigate into and
examine such horses as appear to him, or are reported to him, to be ill or
infirm. He shall report his findings to the presiding judge.
(F) Examine horses to be scratched from any
race and certify that such horse is unfit to compete before it may be
scratched. No horse, having been scratched from a race may enter a later race
without the certificate of the association veterinarian that such horse has
become fit to race.
(w)
Charter. The charting of
races shall be done only by a charter licensed by the United States trotting
association. The charter shall be responsible for providing a complete and
accurate chart.
