Current through Supplement No. 394, October, 2024
1.
Investigations. The stewards, upon direction of the commission,
shall conduct inquiries and shall recommend to the commission the issuance of
subpoenas to compel the attendance of witnesses and the production of reports,
books, papers, and documents for any inquiry. The commission stewards have the
power to administer oaths and examine witnesses and shall submit to the
commission a written report of every such inquiry made by them.
2.
Cancel trifecta. The stewards
shall cancel trifecta wagering any time there are fewer than five betting
interests unless there is a late scratch.
3.
Form reversal. The stewards
shall take notice of any marked reversal of form by any horse and shall conduct
an inquiry of the horse's owner, trainer, or other persons connected with said
horse including any person found to have contributed to the deliberate
restraint or impediment of a horse in order to cause it not to win, be likely
to cause it not to win, finish as near as possible to first, or be likely to
finish as near as possible to first.
4.
Fouls.
a. Extent of disqualification. Upon any claim
of foul submitted to them, the stewards shall determine the extent of any
disqualification and shall place any horse found to be disqualified behind the
others in the race with which it interfered or may place the offending horse
last in the race.
b. Coupled entry.
When a horse is disqualified under this section and where that horse was a part
of a coupled entry and, where, in the opinion of the stewards, the act which
lead to the disqualification served to unduly benefit the other part of the
coupled entry, the stewards may, at their discretion, disqualify the other part
of the entry.
5.
Stewards to inquire.
a. The
stewards shall take cognizance of foul riding and, upon their own motion or
that of any racing official or person empowered by this chapter to object or
complain, shall make diligent inquiry or investigation into such objection or
complaint when properly received.
b. In determining the extent of
disqualification, the stewards may:
(1)
Declare void a track record set or equalled by a disqualified horse, or any
horses coupled with it as an entry;
(2) Affirm the placing judges' order of
finish and hold the jockey responsible if, in the stewards' opinion, the foul
riding did not affect the order of finish; or
(3) Disqualify the offending horse and hold
the jockey blameless if, in the stewards' opinion, the interference to another
horse in a race was not the result of an intentional foul or careless riding on
the part of a jockey.
6.
Race objections.
a. An objection to an incident alleged to
have occurred during the running of a race may be received only when lodged
with the clerk of scales, the stewards or their designees, by the owner, the
authorized agent of the owner, the trainer, or the jockey of a horse engaged in
the same race.
b. An objection
following the running of any race must be filed before the race is declared
official, whether all or some riders are required to weigh in, or the use of a
fast official procedure is permitted.
c. The stewards shall make all findings of
fact as to all matters occurring during and incident to the running of a race;
shall determine all objections and inquiries, and shall determine the extent of
disqualification, if any, of horses in the race. Such findings of fact and
determinations are final and may not be appealed.
7.
Protests and complaints. The
stewards shall investigate promptly and render a decision in every protest and
complaint made to them. They shall keep a record of all protests and complaints
and any rulings made by the stewards and file such reports daily with the
commission.
a. Protests involving fraud.
Protests involving fraud may be made by any person at any time to the
stewards.
b. Protests not involving
fraud. Protests, except those involving fraud, may be filed only by the owner
of a horse or the owner's authorized agent, the trainer, or the jockey of the
horse in the race over which the protest is made. The protest must be made to
the clerk of the scales or to the stewards before the race is declared
official. If the placement of the starting gate is in error, no protest may be
made thereon, unless the protest is entered prior to the time the first horse
enters the gate.
c. Protest to
clerk of scales. A jockey who intends to enter a protest to the clerk of scales
following the running of any race, and before the race is declared official,
shall notify the clerk of scales of this intention immediately upon the arrival
of the jockey at the scales.
d.
Prize money of a protested horse. During the time of determination of a
protest, any money or prize won by a horse protested or otherwise affected by
the outcome of the race must be paid to and held by the horseman's accountant
until the protest is decided.
e.
Protest in writing. A protest, other than one arising out of the actual running
of a race, must be in writing, signed by the complainant, and filed with the
stewards one hour before post time of the race out of which the protest
arises.
f. Frivolous protests. No
person or licensee shall make a frivolous protest nor may any person withdraw a
protest without the permission of the stewards.
General Authority: NDCC 53-06.2-04,
53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04,
53-06.2-05, 53-06.2-10
