Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 3.00 - Harness Horse Racing
Section 3.18 - Racing Officials

Universal Citation: 205 MA Code of Regs 205.3

Current through Register 1518, March 29, 2024

(1) Officials of a race meeting are as follows: Three Judges; Judge at the Start; Starter; Patrol Judges; Timer; Paddock Judge; Clerk of Course; Racing Secretary; Assistant Racing Secretary; Veterinarian; Mutuel Manager; Program Director; Placing Judges; Identifier; Marshall; and such other persons as the Commission may designate from time to time because of their importance in the actual conduct of racing.

(2) The Commission shall appoint two of the Judges.

(3) All other officials designated in 205 CMR 3.18(1) shall be appointed by the Association holding the meeting and licensed by the Commission, all appointments being subject to the approval of the Commission, which reserves the right to demand a change of personnel for what it deems good and sufficient reasons, the successor to official so replaced to be subject to the approval of the Commission.

(4) No one interested in the result of a race, either because of ownership of any horse entered or of his or her sire or dam, or because of bets or otherwise, shall act as a racing official in respect to that race. This prohibition includes, but is not limited to, a restriction on racing officials officiating over races in which any of the following individuals sharing a relationship with the racing official competes:

(a) a spouse, domestic partner, or life partner;

(b) a member of the racing official's immediate family as defined in the Massachusetts Gaming Commission's Enhanced Code of Ethics; or

(c) anyone for whom the racing official's objectivity in the performance of their duties could reasonably be questioned, unless that official has publically disclosed, in writing, the appearance of a conflict of interest to the Director of Racing in advance of the subject race and the Director of Racing has approved the disclosure of an appearance of a conflict of interest.

(5) In the event that one of the three racing judges seeks to recuse themselves from judging a race because of the involvement of an individual identified in section 4(a)-(c), it shall be that judge's obligation to secure an alternate racing judge for the judging of the race, or in the alternative, to confirm that the two remaining racing judges agree to proceed without the conflicted official. The selection of any alternate racing judge under these circumstances shall be subject to approval of the Director of Racing.

(6) No racing official or his or her assistants shall wager money or any other chattel of value on the result of any race at the meeting.

(7) No racing official or his or her assistants shall accept directly or indirectly, any gratuity, reward or favor in connection with racing at the meeting.

(8) Racing officials, as designated in 205 CMR 3.18(1) and their Assistants, shall not directly or indirectly, for a commission or gratuity or otherwise, sell or buy at private sale for himself or another any standard bred horse, for the duration of the meeting; nor shall he or she solicit or have any interest in any business or endeavor which is peculiarly incidental to harness racing at the meeting at which he or she officiates; nor shall he or she write or solicit horse insurance for the duration of the meeting.

(9) Each racing official and his or her assistants shall report to the Judges all observed violations of 205 CMR 3.00.

(10) The Commission may, at its discretion, require an eye test of any Judge or Patrol Judge, said test to be given by an agreed licensed optometrist. The test shall include particularly distance and color.

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