Written by The Jockey Club
In reference to the remarks of the Chairman in the
Foreword to this booklet, it should be stated that it never was the intent to
indicate that racing administration is conducted perfectly in the New York
area. Since, however, over 230 days of racing are conducted there annually
under the same department heads, a workable routine necessarily has been
developed.
The observation program in New York has been offered
to qualified racing people from all parts of the world, and its acceptance has
been immensely gratifying. Some 250 officials from 20 states and 10 foreign
countries have attended, and many of them have offered suggestions which have
been most valuable.
Undoubtedly the most delicate position in racing is
that of steward. It requires a combination of attributes which one individual
rarely possesses. In addition to integrity and knowledge of the sport, a
steward should have some cognizance of the law, an ability to handle people,
and an understanding of psychology.
It is of the utmost importance that a steward
realize the great responsibility of his office since he and his colleagues on
the board are charged with the complete responsibility of the conduct of
racing. Their powers are indeed great since the stewards have the task of
interpreting and applying the rules of racing to meetings in their charge.
The stewards exercise jurisdiction over all other
racing officials of the meeting and all licensed persons, including owners,
trainers, jockeys, grooms, exercise boys, hot walkers, and others who actively
participate in racing.
With these thoughts in mind, it is clear that one
must be thoroughly qualified and experienced in every phase of racing before
assuming such a responsible position, and that appointments should not be made
because of political affiliation.
It is well that a board of three is appointed since
decisions may then be predicated on the background, experience, and ability of
all members of the group. Over the years, there often have been references to a
"presiding steward". This is, however, a misnomer since each member
of the board has an equal voice in decisions. Of course, for the purposes of
conducting hearings in an orderly manner, a spokesman for the board may be
designated by its members.
While the importance of the stewards is emphasized,
it is in no way intended to detract from the value or importance of other
racing officials such as the racing secretary, starter, clerk of the scales,
paddock, patrol and placing judges, timer, veterinarians and all others
necessary to the operation.
A steward should be especially familiar with all
functions of the racing secretary's operation and should be sympathetic to his
problems.
Some guidelines for stewards which possibly have not
been recorded, but which are obvious from experience and history are here
listed:
GENERAL
Better decisions are likely when all stewards are
present and are aware of the details of a problem.
When it is necessary to have a formal hearing for
serious incidents, maintain the official presence and aura of a quasijudicial
board.
When facilities are available, have a court reporter
or at least a tape recorder on hand. Remind all persons of the seriousness of
the matter, and that they are on record.
Always allow attorneys for respondents to be
present, but do not be over‑impressed by their appearance. The question
of appearance of counsel at hearings may be affected in certain areas by local
policy.
Be friendly with the press, but never partial. When
appropriate, give news releases to all, but never to only one or two. When
available, use the facilities of the public relations office of the track to
insure proper distribution of information.
Stewards' rulings should be concise and never vague
or ambiguous. The subject of the ruling should be properly identified with full
name, date of birth, address and Social Security number if available.
Insist on physical inspection of jockeys. They
should have periodic blood tests as well as physical check‑ups to assure
proper condition to ride.
Maintain rapport and cooperate with stewards at
neighboring tracks and in other areas. Keep them advised of all developments in
any problem which may be of mutual
interest.
At all times, maintain poise and proper appearance,
and never forget that all that is fine and worth preserving in racing lies in
your hands, your knowledge, and above all, your conscience.
ADMINISTRATIVE PROCEDURE
Study the rule book of your jurisdiction and apply
the proper rule to the occasion.
Be familiar with the terminology and interpretation
of the applicable state racing statutes.
Always bear in mind that your action may be
reviewable in civil courts, but do not give an inch if you believe that you are
correct to the best of your information and belief.
Be available to anyone who wishes to talk to you
informally or to the entire board of stewards.
Insist on respect for the position of steward, but
do not be overbearing with anyone.
Discussions at the stewards' level should always be
handled with dignity. Security personnel should always be available to the
stewards.
Have access to the records of all licensees so you
may have important background information if required.
Use all available investigative agencies in
allegations or complaints that come before you so that a reviewable file is
always available.
Never take action against any person until he has
had an opportunity to be heard and until everyone else who was involved may be
heard as well.
Take as much time for an important decision as you
possibly can.
Trust everyone until you learn differently, but
carefully observe all.
Remember that, while the stewards have jurisdiction
over all other racing officials, each has his own prerogative and domain. Do
not interfere unless absolutely necessary.
Know intimately the duties of each official and,
when possible, help management to assign the best qualified men to the varying
positions. The only comments offered should be constructive. Proper liaison
with management in all matters should always be maintained.
Summon persons to the stewards' stand only when time
is of the essence. The appropriate place for normal interviews is in the
stewards' office, and some informal log should be kept even of routine
interviews.
Encourage friendly get‑togethers with major
officials for informal discussion of policy. Also maintain close liaison with
examining veterinarians connected with the association and state, as well as
with all practitioners operating in your stable areas.
Keep local racing commissioners informed of all
important issues and enlist the assistance of state agencies such as the
Department of Agriculture, Attorney General's office, etc. It is also
imperative to maintain close contact with all police agencies.
MORNING DUTIES
Study the form of all entries for the day's racing.
Approve any scratch without question if it does not
reduce the field below the accepted figure in your area, and below that for any
corroborated reason. Of course, horses with verified veterinary excuses should
be scratched.
Further, it is necessary to be thoroughly acquainted
with the conditions of the racing strip and its idiosyncracies in respect to
being sloppy, drying out, etc.
Listen to the complaint of any stable employee or
horseman and attempt to resolve the problem by rendering sound advice.
Be careful not to take action which is not provided
for by the rules or by common sense, but rely on the acceptance of your
position.
Make occasional, informal visits to the jockeys'
room and observe conditions and other relevant factors.
Observe horses training in the morning and be
friendly at all times with stable help and horsemen without becoming
overfamiliar.
Know the conditions of the barn area and
occasionally walk or ride through, observing sanitary conditions.
Be acquainted with local feed prices, vanning
facilities and other services which may be of value to you should a dispute
arise. Also, be familiar with the local situation regarding shoeing.
The films and/or tapes of the previous day's racing should
be reviewed by all of the patrol judges (in any case, at least two) and a
written report submitted to the stewards for their consideration. Patrol judges
should also be required to file reports in writing after each day's racing,
which should be kept on file and may be compared with the incidents as revealed
in the film or tape. In some localities, due to duplication of duties, the
stewards may review films themselves. When this procedure is followed, it has
been found very beneficial to have at least two of the stewards present.
The question of whether to have a daily review with
the jockeys of the previous day's races on film must be decided by the board.
If there have been incidents in a race, the films should, of course, be
reviewed. But it is not necessary as a matter of routine to ask the jockeys to
come from their room unless there is a point to be made. It is advised,
however, that whenever films are shown, all apprentices, whether or not
involved in the racing incidents, should be required to see the films. The
films may be used constructively to assist riders as well as to support
suspensions or other disciplinary action.
THE RACE
Be familiar with all racing colors, and identify
each horse on the way to the post, noting his equipment in your program as you
do so.
Study each jockey to learn
his characteristics.
Note on your program all happenings in every race
that you observe, and if reports are made by the starter or patrol judges, so
indicate. These program notes can be of great assistance in reviewing films.
If an incident occurs in a race which appears to be
serious, question the jockeys involved immediately and, within your discretion,
take statements.
If there is obvious interference in the stretch run,
on the first turn, or any juncture of the race which can be observed, or a
positive patrol judge report has been received, the public's confidence in the
stewards will be strengthened if the "inquiry" sign is flashed
immediately.
When the jockeys return and weigh in, in the case of
an ordinary claim of foul, it is believed that it is better to talk first to
the jockey who has claimed the alleged interference; then to the rider
involved; and finally to hear the reports of the patrol judges involved.
No one other than the stewards should be present
when the film is being reviewed in respect to an objection.
Study the film in the light of what you have seen
yourself in the race, plus the testimony of the jockeys and judges.
Never disqualify a horse unless it is clear in your
mind that this is the correct decision. When in doubt, do not disqualify.
Keene Daingerfield's Recollections of Incidents In Which Judgment Calls
Were Made
"General
Powers of the Stewards: To interpret and enforce these rules and determine all
questions pertaining to a racing matter not specifically covered by these rules
in conformity with justice and customs of the turf, the same being subject to
the powers and duties of the commission"
How do stewards respond to this challenge? It's an
interesting question.
In the first place, there are relatively few areas
remaining which are not specifically covered. In fact, I sometimes think that
the suggestion "there oughta be a rule" is too great a temptation.
Practically, it just isn't possible to foresee every possible scenario. If
there is a single area in which the stewards need to be free‑wheeling, it
may be that of claiming, although even here, recent rule changes providing for
open claiming have materially reduced the possibilities for argument. Even so,
they still exist. Rules everywhere require that claims be filled out
completely, and must be accurate in every detail: but it may be advisable for
the board of stewards, prior to the opening of a race meeting, to discuss what,
if any, deviations may be permitted. The horse is named U.F.O.; do you accept a
claim for "Ufa"? May the claimant's name be printed, or must it be in
longhand? I always believed the latter, and have sat on boards that routinely
threw out printed claims without challenge; but a Kentucky commission overruled
the Latonia stewards several years ago, resulting in a legal morass too
complicated to explore here, and which may still never be put to rest.
Okay, it's obvious that you
void a claim for insufficient funds, or omission of the race number, or an
incorrect date; or, if the claimant doesn't enjoy claiming privileges. With the
introduction of the "claiming certificate" some years ago, this
should never occur; but sometimes, whether through ignorance, carelessness, or,
rarely, intent to deceive, it does. The deception may not come to light
immediately, or for days, or even weeks. Must the claimed horse be returned to
the owner who lost it, whether he wants it back or not? "Claims are
irrevocable" and "claims which are not made in keeping with the rules
shall be void". Those are the rules, and maybe they must be enforced.
I don't think so. Over the years where I have
worked, stewards discovering an illegal claim after a period of, say 48 hours
or more, have made it a practice to contact the owner who lost the horse, tell
him that an investigation indicates this fact, and give him the option of
getting the horse back. He is not permitted to check its physical condition; he
must make the decision promptly. This procedure involves rough justice: if the
claimant has violated the rules, part of his punishment lies in having made a
bad claim. He would still be, of course, subject to fine and /or suspension. It
has also happened that the losing owner has used the claim money to replace his
lost horse, and hence is in no position to redeem it.
I am under the impression that every racing state
has, by this time, eliminated a number of protested claims by passage of a
"Catch 22" type rule, making the claimant (somewhat unfairly)
responsible for ascertaining the sex of the horse he claims. My records
indicate a number of claims voided on the grounds that the sex of an animal was
misstated on the program. It used to worry me to be obliged to accept the
insistence of somebody who claimed a cheap claiming horse which pulled up sore
that he had haltered it as a stallion prospect, but we had to do it.
Time for just one anecdote on this subject. Several
years ago at Atlantic City, the claims clerk notified us that he had opened a
claim with a totally undecipherable signature. The horsemen's bookkeeper, an
expert calligrapher, couldn't read it; neither could we. We decided that all we
could do was wait for the claimant to appear to pick up the necessary delivery
slip. When a man named Rambo, no relation to the Stallone character, strolled
in, it was discovered that he was eligible to claim, but had not a single bean
in an account with the bookkeeper. On the assumption that the owner, whose
horse Mr. Rambo coveted, would not want to give it away, we voided the claim
and sent the animal out of the paddock and back to the owner. The owner proved
to be Buddy Delp's wife, and the horse had to be hauled back in the ambulance.
Buddy, who had started celebrating when told to take the horse to the paddock,
was not happy, to say the least, but what could we do? Fortunately, there was
no other claim lodged, so we were spared another problem.
In the area dealing with pari‑mutuel refunds,
the stewards have had (enjoyed is not the operative word) more opportunity to
free‑lance, going sometimes to the extent of contradicting written rules,
in the interest of fairness.
The Garden State stewards plowed new fields on April
30, 1965. I quote from the stewards notebook for that date:
"Hollyhead was sore in the post parade, and was
scratched by the stewards on advice of the veterinarian. Hollyhead was coupled
with Rose Dee‑, entry was second choice, at 7‑2, latter would have
been 30‑1 as single interest. Stewards used their discretionary powers, scratched
Rose Dee and made a refund. Track will pay jock mount charged to latter
horse."
Now, the rules then and now (in most states) provide
that there shall be no refund as long as a part of the entry participates; but
nobody was mad except Rose Dee's owner, and the decision was acknowledged (I
don't dare say "hailed") as a good precedent.
1 refer to "most states" above. Subsequently New York, seized with an attack of "there oughta be a rule" fever, enacted a rule providing that in similar cases, both horses are to be scratched, and the survivor race for the purse only. I don't agree. I have observed incidents in which a horse, apparently the superior animal on the basis of past performances, was excluded from the betting, and won. Kentucky stewards have made it a practice, where a coupling is involved, to check the pp's carefully, and unless there is a wide discrepancy, not to take action unless the horse which has to come out appears to be superior. In other words, I believe the stewards are entitled to wide discretion in most matters.
"The starter shall be responsible for the fair
and equal start of all horses in a race." This wording has replaced the
old rules, which, in most areas, provided that "the starter shall be sole
judge of the start". The advent of the TV instant re‑runs
effectively, and properly, brought an end to the latter provision. Starters,
like all of us, are reluctant to admit a mistake. They are also not always able
to detect a mishap occurring in an outside stall, if the assistant starter
nearest to it makes no mention of it. He ‑ the starter ‑ is
obviously less able to see what actually happened than the head‑on camera
on the far turn, or the patrol judge at that point. I must confess that I was
shocked, in reviewing my notes for the 60's, at the number of times when a
refund could ‑ or should ‑ have been made, and was not.
One really bad example, and one in which my own sin
was one of omission, rather than commission, took place on Labor Day, the
closing day of the 1951 Washington Park meeting. A field of 19 paraded for the
closing feature, the Washington Park Handicap, at a flat mile out of the chute.
The inside 14 were loaded in the regular gate, the outer five in an auxiliary
gate. Under the brief (and unsatisfactory) policy established by B. F.
Lindheimer, there were five stewards, rather than the customary three, and I
was posted in a stand just past the finish line. The outer gate failed to open
until the field had gone at least two, or possibly three lengths. I was focused
on To Market, with Jack Westrope up, the favored half of an entry trained by W.
J. "Buddy" Hirsch, which was one of the outside horses. Frankly, I
was concerned lest Jack, whose horse had speed, would cross over too rapidly.
From the angle involved, I knew that To Market was away notably slowly, and was
uncertain as to the others. Strangely, none of the riders involved, including
Westrope, opened their mouths when presenting themselves to the scales. No
inquiry was initiated from the stewards stand, not altogether surprising, since
the state steward, dear old S. L. "Bud" James, used to cover his eyes
from the time the last horse entered the gate until they were off. The starter,
Roy "Boots" Dickerson, whose eyesight was questioned in some quarters,
either made no report, or thought the incident unworthy of action. I never knew
which, because my duties in Illinois were concluded, and I took the train back
to Lexington that night, distressed at my failure to insist on an inquiry.
To Market, fortunately, was coupled with the winner,
King Ranch's Curandero, ridden by Avelino Gomez. One of the others was Calumet
Farm's Bewitch. Hal Price Headley had a 2horse entry, BOTH of which were
in the auxiliary gate, along with Seaward, part of Trainer Harry Trotsek's 3‑horse
entry, one of whom, Oil Capitol, finished second. There should have been a
refund on Bewitch, and on the Headley entry, and all nomination, entrance, and
starting fees should have been refunded to the owners of the affected horses.
Outcry in the media was oddly muted and no demostration occurred at the track,
probably because the starting point was so far from the stands.
Several
years ago, my Churchill Downs colleagues and I took a bow to which we were
technically not entitled. The 6-5 favorite, a cheap horse named Early Pass
owned and trained by Jack Rosenthal, broke from the gate in the first race with
the added burden of an assistant starter draped across its withers, and was
obviously denied a fair and equal start. To our consternation, it gave chase to
the field, picked up most of its adversaries, and finished third, palpably the
best horse. A win would have been great; a finish off the board would have
necessitated a refund in all pools, no questions asked. By some fortunate
accident, the three of us had discussed a similar scenario, in one of the
"What would you?" sessions that stewards often use to pass the time
between races. We posted the inquiry sign, made the customary announcement, and
got the mutuel manager on the phone.
"We
are going to refund all win and place and daily double bets on the third
finisher, and pay off show bets." "I can't do that," said he.
"You can, and you will" we told him, and that's what he did. Strict
adherence to the mutuel rules would have limited options to declaring the horse
a non-starter, and refunding all wagers. We thought our solution fair.
Louisville scribe Mike Barry must have agreed: his story the next day was
headed "A hundred years of racing at Churchill Downs, and the stewards
finally did something right".
"In
the event of foul riding, or any other cause for disqualification of any horses
in a race, is brought to the attention of the stewards BY THE TIME THE LAST
JOCKEY IN THE RACE HAS BEEN WEIGHED IN, the stewards shall etc., etc."
Do
we adhere strictly to this rule, or do we permit a rider to converse with the
owner or trainer, and return to lodge an objection? Basically, you can feel
safe that such an objection, if entertained, will be without merit; but I would
be slow to enforce it out of hand, if our preliminary check of the tapes
indicated any possibility that an actionable foul had occurred. How many times
have we said, "Let's let him claim it?"
This
brings up another point. When, if ever,
are you justified in refusing to entertain an objection? I have done so on few
occasions, but not without feeling sure that it was utterly frivolous. A rider
who finished last in a big field, and to claim foul against ANYBODY; a green
apprentice finishing fifth and wanting to claim against the winner when a quick
look at the tapes showed that the horse which – undoubtedly – bothered him had
finished behind him. Sometimes, acting on the deep principle, second will claim
against first, and seek to explain, “Well Judge, he’s the one that beat me;” go
through the motions, anyhow.
Another
matter, not germane to the subject, but one which has worried me over the
years. What, if anything, can stewards do about form revelsals involving racing
in another state? A horse runs poorly in your jurisdiction, ships out of state,
and walks his beat; or, the circumstances are reversed. You could, of course,
put the offender on your Stewards List, but such action would be difficult to
sustain legally. I have, on one occasion, doubtless exceeded my authority, by
putting a horse which was, we all thought, intended as the medium of a Derby
Day betting coup, on the List, until after Derby Day. The o-t squaled long and
loud, but we won. Remember sometimes you have to go on a limb.
Officials Model Rules of Flat Racing
(Assn of Racing Commissioners International
Inc.)
STEWARDS
1. The stewards for each meeting shall be responsible to the
Commission for the
conduct of the race meeting in accordance with the laws of
this state and these rules.
2. The stewards shall enforce these rules and the racing laws
of this jurisdiction.
3. The stewards' authority includes supervision of all racing
officials, track
management, licensed personnel. other persons responsible for
the conduct of racing,
and patrons,. as necessary to insure compliance with these
rules.
4. The stewards shall have authority to resolve conflicts or
disputes related to
racing and to discipline violators in ice with the provisions
of these rules.
5. The stewards have the authority to interpret the rules and
to decide all questions
of racing not specifically covered by the rules.
B. Period of Authority
each meeting and shall
terminate with the completion of their business pertaining to
the meeting.
a)
issue
a reprimand;
b)
assess
a fine;
c)
require
forfeiture or redistribution of purse or award, when specified by applicable
rules;
d)
place
a licensee on probation; .
e)
suspend
a license or racing privileges;
f)
revoke
a license;
g)
exclude
from grounds under the jurisdiction of the Commission.
8. The stewards may suspend a license for not
more than one year per violation; or they may impose a fine not to exceed
$2,500 per violation; or they may suspend and fine; or they may order that a
person be ineligible for licensing.
9. The stewards shall submit
a written report to the Commission of every inquiry and hearing.
10.
A stewards' ruling shall not prevent the Commission from imposing a more severe
penalty.
11.
The stewards may refer any matter to the Commission and may include recommendations
for disposition. The absence of a stewards' referral shall not preclude
Commission action in any matter.
12. Purses, prizes; awards,
and trophies shall be redistributed if the stewards or
Commission order a change in
the official order of finish.
13.
All fines imposed by the stewards shall be paid to the Commission within after
the ruling is issued, unless otherwise ordered.
The
stewards shall investigate promptly and render a decision in every protest,
objection and complaint made to them. They shall maintain a record of all
protests, objections and complaints. The stewards shall file daily with the
Commission a copy of each protest, objection or complaint and any related
ruling.
Three
stewards shall be present in the stewards' stand during the running of each
race.
1.
The stewards shall determine the official order of finish for each race in
accordance with the rules of the race (chapter 7).
2.
The decision of the stewards as to the official order of finish, including the
disqualification of a horse or horses as a result of any event occurring during
the running of the race, shall be final for purposes of distribution of the
pari‑mutuel wagering pool.
The
stewards have the authority to cancel wagering on an individual betting
interest or on an entire race and also have the authority to cancel a pari‑mutuel
pool .for a race or races, if such action is necessary to protect the integrity
of pari‑mutuel wagering.
H. Records and
Reports
1.
The stewards shall prepare a daily report, on a form approved by the
Commission, detailing their actions and observations made during each day's race
program. The report shall contain the name of the racetrack, the date, the
weather and track conditions, claims, inquiries, and objections and any unusual
circumstances or conditions. The report shall be signed by each steward and be
filed with the Commission not later than 24 hours after the end of each race
day.
2.
The presiding steward shall maintain a detailed log of the stewards' official
activities. The log shall describe all questions, disputes. protests,
complaints, or objections brought to the attention of the stewards and all
interviews, investigations and rulings made by the stewards. The log shall be
available at all times for inspection by the Commission or its designee.
3.
Not later than seven days after the last day of a race meeting, the presiding
steward shall submit to the Commission a written report regarding the race
meeting.
The
report shall contain:
a)
the stewards' observations and comments regarding the conduct of the race
meeting‑and the overall conditions of the association grounds during the
race meeting; and
b) any
recommendations for improvement by the association or action by the Commission.
I. Stewards' List
RACING SECRETARY
A. General
Authority
The
racing secretary shall be responsible for the programming of races during the
race meeting, compiling and publishing condition books, assigning weights for
handicap races, and shall receive all entries, subscriptions, declarations and
scratches.
B. Foal,
Health and Other Eligibility Certificates
1.
The racing secretary shall be responsible for receiving, inspecting and
safeguarding the foal and health certificates, Equine Infectious Anemia (EIA)
test certificates and other documents of eligibility for ail, horses competing
at the track or stabled on the grounds.
2.
The racing secretary shall record the alteration of the sex of a horse on the
horse's foal certificate and report such to the appropriate breed registry and
past performance services.
3.
The racing secretary shall record on a horse's registration certificate when a
posterior digital neurectomy (heel nerving) is performed on that horse.
The racing secretary shall maintain a list of nerved horses
which are on association
grounds and shall make the list available for inspection by
other licensees
participating in the race meeting.
D. List of
Bred Fillies and Mares
The racing secretary shall maintain a list of ail fillies or
mares on association grounds
who have been covered by a stallion. The list shall also
contain the name of the
stallion to which each filly or mare was bred and shall be
made available for
inspection by other licensees participating in the race
meeting.
E. Allocation of Stalls `
The racing secretary shall assign stall applicants such
stabling as is deemed proper a
and maintain a record of arrivals and departures of all
horses stabled on association
grounds.
F. Conditions
The
racing secretary shall:
Upon
completion of the draw each day, the racing secretary shall post a list of
entries in a conspicuous location in his/her office and make the list available
to the media.
The
racing secretary shall publish the official daily program, ensuring the
accuracy therein of the following information:
3. the name of licensed owners of each horse,
indicated as leased, if applicable, and description. of racing colors to be
carried;
4. the name of the trainer and the name of the
jockey named for each horse together with the weight to be carried;.
5. the post position and saddlecloth number or
designation for each horse if there is a variance with the saddle cloth
designation;
6.
identification of each horse by name; color, sex, age, sire and dam; and
7.
such other information as, maybe requested by the association or the
Commission.
J. Nominations and
Declarations .
The
racing secretary shall examine nominations and declarations and early closing
events, late closing events and stakes events to verify the eligibility of all
declarations and nominations and compile lists thereof for publication.
K. Stakes and
Entrance Money Records
The
racing secretary shall be caretaker of the permanent records of all stakes and
shall verify that all entrance monies due are paid prior to entry for races
conducted at the meeting.
A. General Authority.
The
horsemen's bookkeeper shall maintain the records and accounts and perform the duties
described herein and maintain such other records and accounts and perform such
other duties as the association and Commission may prescribe.
B. Records
1.
The records shall include the name, mailing address, social security number or
federal tax identification number, and the state or country of residence of
each horse owner, trainer or jockey participating at the race meeting who has
funds due or on deposit in the horsemen's account.
2.
The records shall include a file of all required statements of partnerships,
syndicates, corporations, assignments of interest, lease agreements and
registrations of authorized agents
3.
All records of the horsemen's bookkeeper shall be kept separate and apart from
the records of the association.
4.
All records of the horsemen's bookkeeper including records of accounts and
monies and funds kept on deposit are subject to inspection by the Commission at
any time.
5.
The association licensee is subject to disciplinary action by the Commission
for any violations of or non‑compliance with the provisions of this rule.
C. Monies and
Funds on Account
a)
separate
and apart from monies and funds of the association;
b)
in
a trust account designated as "Horsemen's Trust Account;" and
c)
in
an account insured by the Federal Deposit and Insurance Corporation or the
Federal Savings and Loan Insurance Corporation.
2.
The horsemen's bookkeeper shall be bonded in accordance with Commission
stipulations.
3.
The amount of purse money earned is credited in the currency of the
jurisdiction in which the race was run. There shall be no appeal for any
exchange rate loss at the time of transfer of funds from another jurisdiction.
D. Payment of Purses
1. The
horsemen's bookkeeper shall receive, maintain and disburse the purses of each
race and all stakes, entrance money, jockey fees, purchase money in claiming
races, along with all applicable taxes and other monies that properly come into
his/ her possession in accordance with the provisions of Commission rules.
2.
The horsemen's bookkeeper may accept monies due belonging to other
organizations or recognized meetings; provided prompt return is 'made to the
organization to which the money is due.
3.
The fact that purse money has been distributed prior to the issuance of a
laboratory report shall not be deemed a finding that no chemical substance has
been administered, in violation of these rules, to the horse earning such purse
money.
4.
The horsemen's bookkeeper shall disburse the purse of each race and all stakes,
entrance money, jockey fees and purchase money in claiming, races, along with
all applicable taxes, upon request, within 48 hours of receipt of notification
that all tests with respect to such races have cleared the drug testing
laboratory(ies) as reported by the stewards
or the Commission, except that minimum jockey mount fees may be disbursed
prior to notification that the tests have cleared the testing laboratory(ies).
5.
Absent a prior request, the horsemen's bookkeeper shall disburse monies to the
persons entitled to receive same within 15 days after the last race day of the
race meeting, including purses for official races, provided that all tests with
respect to such races have cleared the drug testing laboratory(ies) as reported
by the stewards, and provided further that no protest or appeal has been filed
with the stewards or the Commission.
6.
In the event a protest or appeal has been filed with the stewards or the
Commission, the horsemen's bookkeeper shall disburse the purse within 48 hours
of receipt of dismissal or a final non‑appealable order disposing of such
protest or appeal.
The
paddock judge shall:
1. The paddock judge shall
maintain a list of horses which shall not be entered in a
race because of poor or inconsistent behavior in the paddock
that endangers the
health or safety of other participants in racing.
2. At the end of each race day, the paddock judge shall
provide a copy of the List to
the stewards.
3. To be removed from the paddock judge's List, a horse must
be schooled in the
paddock and demonstrate to the satisfaction of the paddock
judge and the stewards
that the horse is capable of performing safely in the paddock.
The
Horse Identifier shall:
1.
when required, ensure the safekeeping of registration certificates and racing
permits for horses stabled and/or racing on association grounds;
2.
inspect documents of ownership, eligibility, registration or breeding necessary
to ensure the proper identification of each horse scheduled to compete at a
race meeting;
3.
examine every starter in the paddock for sex, color, markings and lip tattoo or
other identification method approved by the appropriate breed registry end the
Commission for comparison with its registration certificate to verify the
horse's identity; and
4. supervise
the tattooing, branding or other method of identification approved by the
appropriate breed registry and the Commission for identification of any horse
located on association grounds.
The
Horse Identifier shall report to the stewards any horse not property identified
or whose registration certificate is not in conformity with these rules.
The
clerk of scales shall:
The
jockey room custodian shall:
IX. STARTER
The
starter shall:
1.
have complete jurisdiction over the starting gate, the starting of horses and
the authority to give orders not in conflict with the rules as may be required
to ensure all participants an equal opportunity to a fair start;
2.
appoint and supervise assistant starters who have demonstrated they are
adequately trained to safely handle horses in the starting gate. In emergency
situations, the starter may appoint qualified individuals to act as substitute
assistant starters;
3.
ensure that at least one assistant starter is available for each horse in a
race;
4.
assign the starting gate stall positions to assistant starters and notify the
assistant starters of their respective stall positions more than 10 minutes
before post time for the race;'
5.
assess the ability of each person applying for a jockey's license in breaking
from the starting gate and working a horse in the company of other horses, and
shall make said assessment known to the stewards; and
6.
load horses into the gate in any order deemed necessary to ensure a safe and.
fair start.
B. Assistant
Starters
With
respect to an official race, the assistant starters shall not:
1. handle
or take charge of any horse in the starting gate without the expressed
permission of the starter,
2.
impede the start of a race;
3. apply a whip or other
device, with the exception of steward‑approved twitches,
to assist in loading a horse
into the starting gate; ',
4.
slap, boot or otherwise dispatch a horse from the starting gate;
5. strike or use abusive language to a
jockey; or
6.
accept or solicit any gratuity or payment other than his/her regular salary,
directly or indirectly, for services in starting a race.
C. Starter's List
No
horse shall be permitted to start in a race unless approval is given by the
starter. The starter shall maintain a Starter's List of all horses which are;
ineligible to be entered in any race because of poor or inconsistent behavior
or performance in the starting gate. Such horse shall be refused entry until it
has demonstrated to the starter that it has been satisfactorily schooled in the
gate and can be removed from the Starter's List. Schooling shall be under the
direct supervision of the starter.
The
starter and assistant starter shall report all unauthorized activities to the
stewards
X. TIMER/CLOCKER
A. General Authority (Timer)
1. The
timer shall accurately record the time elapsed between the start and finish of
each race.
2. The time shall be recorded from the instant that
the first horse leaves the point from which the distance is measured until the
first horse reaches the finish line.
3. At the end of a race, the timer shall post the
official running time on the infield totalisator board on instruction by the
stewards.
4. At a racetrack equipped, with an appropriate
infield totalisator board, the timer shall post the quarter times splits) for
thoroughbred races in fractions as a race is being run. For quarter horse
races, the timer shall post the official times in hundredths of a second.
5. For back‑up purposes, the timer shall also
use a stopwatch to time all races. In time trials, the timer shall ensure that
at least three stopwatches are used by the stewards or their designees.
6. The timer shall maintain a written record of
fractional and finish times of each race and have same available for inspection
by the stewards or the Commission on request.
B. General
Authority (Clocker) .
1. The clocker shall be present during training
hours at each track on association grounds, which is open for training, to identify
each horse working out and to accurately record the distances and times of each
horse's workout.
2. Each day, the clocker shall prepare a list of
workouts that describes the name of each horse which worked along with the
distance and time of each horse's workout.
3.
At the conclusion of training hours, the clocker shall deliver a copy of the
list of workouts to the stewards and the racing secretary.
XI. PATROL JUDGE
A. General Authority
The patrol judge, when utilized, is responsible for observing
the race and reporting information concerning the race to the stewards. If the
track's video replay system is deemed adequate, use of patrol judges is
optional.
B. Gate Judge
The Commission may require each track to employ a
gate judge whose duties shall include being present at the starting gate just
prior to the running of each race to observe and report any violations of the
rules to the stewards, and to otherwise assist the stewards as they may so
order.
The
placing judges shall determine the order of finish in a race as the horses pass
the finish line, and with the approval of the stewards, may display the results
on the totatisator board.
1.
In the event the placing judges or the stewards request a photo of the finish,
the photo finish, sign shall be posted, on the totalisator board..
2.
Following their review of the photo finish film strip, the placing judges
shall, with the approval of the stewards, determine the exact order of finish
for all horses participating in the race, and shall immediately post the
numbers of the first four finishers on the totalisator board.
3.
In the event a photo was requested, the placing judges shall cause a
photographic print of said finish to be produced. The finish photograph shall,
when needed, be used by the placing judges as an aid in determining the correct
order of finish.
4.
Upon determination of the correct order of finish of a race in which the
placing judges have utilized a photographic print to determine the first four
finishers, the placing judges shall cause prints of said photograph to be
displayed publicly in the grandstand and clubhouse areas of the racetrack.
1.
In the event the placing judges determine that two or more horses finished the
.race
simultaneously and cannot be separated as to their order of finish, a dead heat
shall, with the approval of the stewards, be declared.
2.
In the event one or more of the first four finishers of a race are involved in a
dead heat, the placing judges shall post the dead heat sign on the totalisator
board and cause the numbers of the horse or horses involved to blink on the
totalisator board.
XIII. OFFICIAL VETERINARIAN
General Authority
The
official veterinarian shall:
1. be employed by the Commission;
4. place horses on the Veterinarian's List and
remove horses from the Veterinarian's List;
5. place horses on the Bleeder List and remove
horses from the Bleeder List;
6. supervise and control the Test Barn;
7. supervise the taking of
all specimens for testing according to procedures approved by the Commission;
8. provide proper safeguards
in the handling of all laboratory specimens to prevent tampering, confusion or
contamination;
9. have jurisdiction over
the practicing licensed veterinarians within the enclosure for the. purpose of
these rules;
10. report to the Commission
the names of all horses humanely destroyed or which otherwise expire at the
meeting and the reasons therefore;
11. maintain all required
records of postmortem examinations performed on horses which have died on
association. grounds;
12. be available to the
stewards prior to scratch time each racing day at a time designated by the stewards to inspect any horses and‑report on
their condition as may be request ed by the stewards;
13. refuse employment or payment,
directly or indirectly, from any horse owner or trainer of a horse racing or
intending to race in this jurisdiction while employed as the official
veterinarian for the Commission;
14. review and consult with
the applicants and the stewards/Commission regarding Commission license
applications of practicing veterinarians;
15. cooperate with
practicing veterinarians and other regulatory agencies to take measures to
control communicable and/or reportable equine diseases;
16. periodically review all
horse papers under the jurisdiction of the Commission to ensure that all
required test and health certificates are current and properly filed in
accordance with these rules;
17. be authorized to
humanely destroy any horse deemed to be so seriously injured that it is in the
best interests of racing the horse to so act; and
18. Provide the stewards
with a written statement regarding the nature and seriousness of all laboratory
reports of prohibited substances in equine samples.
XIV. RACING VETERINARIAN
a)
be
directly responsible to the official veterinarian;
b)
be
a graduate veterinarian and be licensed to practice in the jurisdiction;
c) be available to the racing secretary and/or the stewards prior to scratch time each racing day, at a time designated by the stewards, to inspect any horses and report on their condition as may be requested by the stewards;.
d) be present in the paddock during saddling, on
the racetrack during the post parade and at the starting gate until the horses
are dispatched from the gate for the race; _
e) inspect any horse when there is a question as to the physical
condition of such horse;
f) recommend scratching a horse to the stewards if, in the opinion of the racing veterinarian, the horse is physically incapable of exerting its best effort to win;
g) inspect any horse 'which appears in physical distress during the race or at the finish of the race; and shall report such horse together with his/her opinion as to the cause of the distress to the stewards and to the official veterinarian;
h) refuse employment or
payment, directly or indirectly, from any horse owner or trainer of a horse
racing or intending to race in this jurisdiction while employed as the official
veterinarian for the Commission;
i) refrain from directly
treating or prescribing for any horse scheduled to participate during his/her
term of appointment at any recognized meeting except in cases of emergency,
accident or injury;
j) be authorized to humanely
destroy any horse deemed to be so seriously injured that it is in the best
interests of the horse to so act;
k) conduct soundness
inspections on horses participating in races at the meeting: and
1) with approval of the
official veterinarian, place horses on the Bleeder List.
The Commission may create
additional racing official positions, as needed. Persons selected for these
positions shall be considered racing officials and shall be subject to the
general eligibility requirements outlined in Section I of this chapter.