Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General powers. In matters pertaining to racing, the orders of
the Judges shall supersede the orders of the officers and directors of the
association. The Judges shall have the authority to regulate and supervise the
conduct of the race meeting and licensed personnel, racing officials, owners,
trainers, drivers, grooms and all other persons participating in pari-mutuel
racing activities at the race meeting, unless the power and the duty is
exclusively vested in the Commission.
(b) The authority of the Board of Judges
shall begin at least 10 days prior to the beginning of the race meeting and
shall terminate with the completion of their business pertaining to the
meeting. This period may be modified or altered as deemed necessary by the
Commission. If a dispute is unresolved at the time, it may be heard later or
disposed of by the Judges or referred to the Commission. This section does not
limit the power of the Judges to impose sanctions which continue beyond the end
of the race meeting.
(c) If there
is a succeeding meeting approved to begin at the same racetrack, the power of
the Judges at the meetings is deemed to be continuing and sustaining.
(d)
Specific powers. The
Presiding Judge and Associate Judges shall have the authority to:
(1) Impose all necessary fines and penalties
in accordance with the act and as specifically set forth in the Commission's
regulations.
(2) Determine all
questions of fact relating to the race and resolve conflicts and disputes
related to racing and discipline violators in accordance with these
regulations.
(3) Decide any
disputes between parties to the race or any contingent racing matter not
specifically covered by the rules, but which, in the Judges' opinion, may
negatively impact the public interest or the public's perception of
racing.
(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. All pools and bets shall follow the
decisions of the Judges. These decisions in respect to pools and bets shall be
made before or after the conclusion of the race upon the observations of the
Judges and upon the 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
the official placing.
(5) Declare a
dash or heat of a race no contest in the event that a track is thrown into
darkness during the progress of a race by failure of electricity.
(6) Postpone or cancel races in the event of
unfavorable weather conditions or for any other reason related to the health
and safety of the horse and those participating in the race.
(7) Conduct administrative hearings in
accordance with Chapter 179, Subchapter B (relating to Judges and Stewards
hearings) and compel the attendance of witnesses, the submission of documents
or potential evidence related to any investigation or hearing and may
administer oaths and examine witnesses.
(8) Consider complaints of foul from the
patrol Judges or drivers in the race.
(9) To have reasonable control over and
access to restricted and unrestricted areas including stands, paddock, stables,
barns and other areas of the racetrack enclosure.
(10) To direct the examination a horse
stabled on the racetrack grounds, or in a stabling area approved by the
licensed racing entity.
(11)
Inspect from time to time license documents, registration papers and other
documents related to racing.
(12)
Consult with the Commission Veterinarian to determine the nature and
seriousness of a laboratory finding or an alleged medication
violation.
