Current through 2024-13, March 27, 2024
1.
Presiding
Judge. The Presiding Judge shall be responsible for the performance of
the Judge's duties and the performance of other officials under his or her
supervision, including:
Announcer
Associate Judges
Charter
Clerk of Course
Commission Veterinarian
Equipment Clerk
Gate Security
Horse Identifier
Marshal
Paddock Judge
Photo Finish Operator
Program Director
Race Secretary
Starter/ Patrol Judge
Timer
2.
In addition, the Presiding Judge shall be responsible for:
A. The maintenance of the Judges' Book, the
Steward's List and the accident reports.
B. The preparation, delivery and posting of
all notices of penalty, rulings and decisions relative to racing.
C. The procedures prescribed by these rules
with respect to investigations and hearings.
D. The drivers meeting prescribed by these
rules.
E. The listing of entries
and declarations to start and the application of preferences to race.
F. All announcements over the public address
system pertaining to the conduct of a race, racing officials or to any matter
under the jurisdiction of the Judges.
G. The admittance of persons to the Judges'
stand, subject to the direction of the Commission.
H. The coupling of horses where it is
necessary to protect the public interest.
I. Will be responsible for upgrading
licenses.
Upgrading shall not be unreasonably withheld if the driver
meets all of the criteria established in Chapter one.
If a Presiding Judge cannot perform his/her duties for any
reason, an Associate Judge licensed by the Commission shall be the Presiding
Judge for that session, or until the Commission can find a replacement.
3.
Track
Conditions
A.
Horsemen's
representative. It shall be the duty of the Maine Harness Horsemen's
Association to notify the Presiding Judge who the member and alternate are that
will represent the horsemen on matters relating to the withdrawal of horses due
to bad track or weather conditions.
B.
Track Conditions. In case of
questionable track conditions, the Presiding Judge shall call a meeting
consisting of an agent of the licensed track, the representative of the
horsemen, and himself. If this committee deems it safe to race, any trainer, or
driver that desires not to race may be excused by the Presiding
Judge.
C.
Mud fenders.
The Presiding Judge, after consultation with the horseman's representative may
require the use of mud fenders when track and weather conditions
warrant.
D.
Effect of
postponement on scheduled race. In case of unfavorable weather or other
unavoidable cause, associations, with the consent of the Judges, shall postpone
races in the following manner:
(1)
Early
Closing Races, Stakes and Futurities. All shall be postponed to a
definite hour the next fair-weather day and good track.
(2) Any Late Closing Race or Early Closing
Race that has been started and remains unfinished on the last day of the
scheduled meeting, shall be declared ended and the full purse divided according
to the summary. Any such race that has started but postponed by rain earlier in
the meeting may be declared ended and the full purse divided according to the
summary.
(3) Unless otherwise
provided in the conditions, in order to transfer stakes and futurities to
another meeting, unanimous consent must be obtained from the affected
association and from all those having eligible horses in the event.
(4) At all pari-mutuel meetings overnight
events may be postponed and carried over not to exceed two racing
days.
3-A.
Presiding Judge and Associate Judges. Presiding Judges, after
consultation with Associate Judges, shall have the authority to take the
actions indicated below.
A. Determine all
questions of fact relating to racing.
B. Impose penalties as prescribed by these
rules.
C. Decide any difference
between parties to the race or any contingent matter which shall arise that is
not otherwise provided for in the rules.
D. Declare pools and bets "OFF" in case of
fraud, malfunction of the starting gate, or other situation which is in the
public interest or declare any horse a non-starter and direct the refund of all
wagers made thereon from which no appeal will be allowed.
E. Declare a no contest in the event there
are extraordinary circumstances that cause safety issues, and inhibit the
participants in a race, from competing normally.
F. Declare a dash or heat of a race no
contest in the event the track is thrown into darkness during the progress of a
race by failure of the track lighting system.
G. In determining whether to cancel a race or
races, the Judges shall have due regard for the lives and safety of the drivers
and the horses. Where it is impossible for the Judges to observe the finish of
a race from the Judges' Stand and it is impossible to properly place the horses
by the photo finish camera, the race or races shall be canceled.
H. Control the conduct of the horses,
licensees, and every person or machine engaged in any portion of the racing
program to protect the betting public, ensure compliance with the rules, and
protect the integrity of racing.
I.
Investigate every apparent or possible interference or rule violation and
examine all parties connected with a race under oath as to any such violation
of rules or complaint.
J. Closely
observe the performance of all horses and drivers competing at the race
meeting.
K. Determine the result of
every race contested before them and place the horses competing therein in the
order of their finish. Decisions in with 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 shall 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.
L. Whenever the
judges call for a photo-finish digital image to determine the order of finish,
they shall cause the word "Photo" to be flashed on the infield board and to
remain there until the order of finished is determined.
M. Investigate any act of cruelty to a horse
on the grounds of the Association whether seen by them or reported to them and
fine and/or suspend any person found guilty of such cruelty.
N. Investigate all accidents on the track to
determine the cause thereof and promptly make a full report to the Commission
and the U.S.T.A. and record same in the Judges' Book.
O. Exclude from any race a horse which is
improperly equipped. dangerous, unmanageable, unfit to race (which shall
include sick, weak and extremely lame horses after consultation with a
Department veterinarian, or horses liable to cause an accident or injury to
another horse or driver in the race.
P. Conduct a prompt inquiry where a violation
of any rule is committed, take such action as may be appropriate and render a
report to the Commission. Such inquiry must be conducted by the Presiding Judge
and at least one Associate Judge and must be conducted in a manner consistent
with these rules and the Maine Administrative Procedure Act.
Q. Grant a hearing at a designated time
before a penalty may be imposed upon any person. All three Judges should be
present if possible, and at least the Presiding Judge and one Associate Judge
must be present at all Judges' hearings. The Judges may impose the penalties
prescribed by these rules. Failure to appear at a Judge's hearing may result in
a default judgment against that person. The Judges may reschedule a hearing for
good cause shown. All Judges Hearings will be conducted in a manner consistent
with these rules and with the Maine Administrative Procedure Act.
R. Submit in writing a complete list of all
witnesses questioned by them at any hearing, which list of witnesses, along
with the testimony of such witnesses, shall be forwarded to the Commission
along with the reports required by these rules. The testimony of all witnesses
questioned by the Judges shall be recorded by on one of the following methods;
written, signed statements, tape recorders of or court reporter's transcript.
At all pari-mutuel tracks Judges shall use tape recorders to record their
hearings.
S. No decision shall be
made by the Judges in such cases until all of the witnesses called by the
Judges and the person required to appear before the Judges have given their
testimony. Any person charged with a rule violation shall be given at least
until 12:00 noon of the following day to prepare for his or her defense, upon
request.
T. The Associate Judges
shall assist the Presiding Judge in advancing driver's licenses to a higher
category. Advancement shall not be unreasonably withheld if the driver meets
all of the criteria stated in Chapter one.
4. The Judges shall:
A. Be in the Judges Stand at least fifteen
(15) minutes before the first race and remain there until the last race has
been declared official and until their duties pertaining to the races have been
completed.
B. Have unrestricted
access to the grounds where a licensed meet is being conducted.
C. Advise the Paddock Judge of the schedule
of post times for the program.
D.
Be responsible for locking the pari-mutuel machines immediately upon the horses
being given the word "go" by the starter.
E. Maintain telecommunication with the
Starter/Patrol Judge from the time the Starter picks up the field of horses
until all horses pass the finish line. Cause a written record to be made of
every "break", violation of rules or incident observed by them or reported by
the Starter/Patrol Judge.
F. Cause
the appropriate signs to be posted on the tote board to indicate objection or
inquiry in the event of a rule violation or complaint and notify the public
address announcer of the horses involved and the nature of the objection, post
the order of finish of the 1st first four horses as they passed under the
finish wire and cause the offending horse's number to flash. When the decision
is made, cause the objection or inquiry sign to be removed, correct the order
of finish and cause the "Official" sign to be shown.
G. Display the "Photo" sign if there is less
than 1/2 length between contending horses at the finish line or if a contending
horse is on a break at the finish. Examine the photo finish before rendering a
decision on the placing thereof and cause copies of such digital images to be
displayed for public inspection immediately after the result has been
announced.
In the event of an electrical or mechanical failure of the
photo-finish camera, 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.
H.
Sign the Judges' Book after each race verifying the correctness of the
information contained therein.
I.
In the event of an accident, turn on the accident warning lights.
J. Check the validity of all driver's
licenses.
5.
Times
A.
Time Error.
In any case of alleged error in the record, announcement or publication of the
time made by a horse, the time so questioned shall not be changed to favor said
horse or owner, except upon the sworn statement of the Judges and Timers who
officiated in the race.
B.
Misrepresenting Time. Any person who shall be guilty of fraudulent
misrepresentation of time or the alteration of the record thereof in any public
race or performance against time shall be suspended or expelled, and the time
declared not a record.