Current through September 9, 2024
(a)
Conduct. All licensees of
the commission are required to conduct themselves in a forthright, gentlemanly
manner at all times while on or near the premises of a licensed harness
racetrack during the operation of a licensed harness race meeting.
(b)
Profanity. No licensee of
the commission shall use improper language or otherwise abuse any official,
appointee, representative or employee of the commission, or any person acting
under the orders or rules of the commission.
(c)
Assault. If any owner,
driver, trainer or attendant of a horse, or any other licensee connected with
the operation of a licensed harness race meeting at any time during said
meeting, either on or off the grounds of a licensed racetrack shall commit an
assault or battery, or attempt an assault or battery or threaten to do bodily
harm to any person or persons connected in any way with such race meeting, he
shall be subjected to the penalties prescribed by these rules.
(d)
Bonus. No owner, trainer or
driver or their agent shall demand of a licensed harness racetrack a bonus of
money or other special award or consideration as a condition for starting a
horse already entered to race.
(e)
Wagers by horsemen. No owner, trainer, driver, agent, employee or
attendant of a horse shall bet or cause any other person to bet on his behalf
on any other horse in a race in which there shall start a horse owned, trained
or driven by him, or which he in anyway represents or handles or in which he
has an interest. No such person shall participate in exacta, quinella, trifecta
or superfecta wagering on a race in which such horse starts.
(f)
Divided interest. No driver
shall drive a horse in a race in which there shall start another horse which he
in any way represents or handles or in which he has an interest unless coupled
as an entry.
(g)
Misconduct
and association with undesirables.
(1)
The commission may impose the penalties as prescribed by these rules if it
finds that any licensee or other person subject to the jurisdiction of the
commission:
(A) Is associating, consorting or
negotiating with bookmakers, touts or other persons of similar pursuits,
or;
(B) Is associating, consorting
or negotiating with persons who have been convicted of a crime, or;
(C) Is guilty of any fraud or has attempted
any fraud or misrepresentation in connection with racing, breeding or
otherwise, or;
(D) Has violated any
law, rule or regulation with respect to racing in any jurisdiction,
or;
(E) Has violated any rule,
regulation or order of the commission;
(F) The experience, character or general
fitness of any person is such that his or their participation in harness racing
or related activities would be inconsistent with the public interest,
convenience or necessity or with the best interests of racing
generally.
(2) Where any
licensee or person subject to the jurisdiction of the commission shall be
approached with an offer or promise of a bribe or with a request or a
suggestion for a bribe or for any improper, corrupt or fraudulent act or
practice in relation to a race or racing or with a suggestion that any race be
conducted otherwise than in accordance with the rules and regulations of this
commission, it shall be the duty of such licensees or person to report such
suggestion, offer, promise or bribe immediately to the commission. Failure to
so report shall subject such person or persons to the penalties prescribed by
law and/or these rules.
(3) Duty to
give evidence. It shall be the duty of each licensee to report promptly when
requested or ordered to do so by an official of the commission in furtherance
of an investigation or hearing and to testify under oath concerning any facts
within his knowledge and produce any books, records, written matter or other
evidence within his possession or control relevant to such matter, pursuant to
the commission rules concerning "Rules of Practice and Hearing
Procedure".
(4) False testimony.
Where an oath is administered by a judge, representative of the commission, or
any other person legally authorized to administer oaths and the party knowingly
swears false or withholds information pertinent to an investigation conducted
under these rules, he shall be penalized.
(h)
Undesirable persons. Any
person whether a licensee or patron whose conduct is deemed detrimental to the
best interest of racing or who is deemed an undesirable person may be expelled
from the track. In this regard the track, on its own initiative, or upon
request of the commission or its representatives, shall take immediate steps by
whatever means are reasonably required to expel such person. Acts deemed
undesirable shall consist of, but not limited by, the following:
(1) Bookmaking or other illegal wagering or
gambling;
(2) Touting;
(3) Creating or continuing a public
disturbance;
(4) Disorderly
conduct;
(5) Associating with
undesirables;
(6) Transmitting
information to points outside the track;
(7) Failure to appear when directed to do so
by any official of the commission in furtherance of an investigation of hearing
and to testify under oath concerning any facts within his knowledge and produce
any books, records, written matter or other evidence within his possession or
control relevant to such matter.
(8) In addition a person who has been
convicted of a crime involving moral turpitude, or who has been convicted of
bookmaking or other form of illegal gambling; or who has been adjudged by any
court, state commission, or other governing body guilty of any fraud in
connection with racing, or any athletic contest shall be deemed an undesirable
person and shall be subject to expulsion as provided in this section.
(i)
Prohibited acts.
(1) No licensee or any other person shall
commit any act or conspire to commit any act which, though not specified in
this section, constitutes conduct detrimental to the best interests of racing
or is in its nature fraudulent or corrupt or injurious to the public interest.
Any such act or attempt or conspiracy shall constitute a violation of the
section and shall subject the licensee or such other persons to the penalties
prescribed by these rules.
(2) No
owner, trainer, driver or groom of a horse shall threaten or join with others
in threatening not to race, or not to enter or declare in because of the entry
of a certain horse or horses or a particular stable or the presence of such
horses or stable on the grounds of a licensed track.
(j)
Conspiracy. No persons shall
conspire, combine and confederate together in any manner, regardless of where
the said persons may be located, for the purpose of violating any of these
rules nor shall they commit any act in furtherance of the said purpose and
plan.
(k)
Financial
responsibility.
(1) No licensee shall
accumulate unpaid obligations or default in obligations, or issue drafts or
checks that are dishonored or payment refused, or otherwise display financial
irresponsibility reflecting on the track or the sport.
(2) Prior to leaving the grounds of the
association each owner, trainer or such other person responsible for a horse
shall give to the officer in charge of security duly executed releases from
such vendors whom he has transacted business with during the race
meeting.
