PUBLIC PROTECTION CABINET

Kentucky Horse Racing Commission

(As Amended at ARRS, November 14, 2014)

 

810 KAR 1:017. Objections and complaints.

 

††††† RELATES TO: KRS 230.210-230.360

††††† STATUTORY AUTHORITY: KRS 230.215(2), 230.260(8)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the Kentucky Horse Racing Commission to promulgate administrative regulations prescribing[To regulate] conditions under which thoroughbred racing is[shall be] conducted in Kentucky. [The function of] This administrative regulation establishes[relates to] the requirements and procedures for[in] lodging[of] objections and complaints.

 

††††† Section 1. Persons Eligible to Lodge Objections or Complaints. (1) Except as provided by subsection (2) of this section, an objection or complaint[Objections or complaints] against a horse or jockey entered in a race shall be received only if[when duly] lodged:

††††† (a) In accordance with Sections 2 and 3 of this administrative regulation; and

††††† (b) By the owner or authorized agent of the owner, the trainer, or the jockey, of another horse engaged in the same race and whose horse suffered or may suffer by the alleged violation of an administrative regulation.

††††† (2) An inquiry may also be made by a racing official.

 

††††† Section 2. Form for Objections and Complaints. (1) An objection[Objections] as to interference or a foul[fouls] occurring during the running of the race shall be lodged with the stewards orally or by telephone. All other objections or complaints shall be made in writing and be signed by[bear the signature of] the complainant.

††††† (2) An objection or complaint[Objections or complaints] lodged during a race meeting shall be addressed to the stewards. An objection or complaint[Objections or complaints] lodged after the termination of a race meeting shall be addressed to the commission[authority secretary] at the commissionís[authority] general office.

††††† (3) An objection or complaint once lodged shall not be withdrawn without permission of the stewards.

 

††††† Section 3. Time for Lodging Objections or Complaints. (1) Except as provided by subsection (2) of this section, an objection or complaint[Objections or complaints] based on one (1) of the following violations of 810 KAR Chapter 1 [administrative regulations][regulation] shall be lodged by an aggrieved person[persons aggrieved thereby] within the time prescribed[; except the stewards may declare a horse ineligible or disqualified at any time]:

††††† (a)[(1)] At least one (1) hour before post time of the race, if the objection or complaint is based on incorrect weight allowance claimed for a horse entered to race;[.]

††††† (b)[(2)] Before the race has been posted as official on the infield results[result] board, if the objection or complaint is based on interference by a horse, improper course run by a horse, foul riding by a jockey, or any other matter occurring during and incident to the running of the race;[.]

††††† (c)[(3)] Not later than one (1) year from the date[after] the race was run, if the objection or complaint is based on fraudulent or willful misstatement in an entry under which a horse has run;[.]

††††† (d)[(4)] Not later than forty-eight (48) hours[, exclusive of Sunday,] after post time of the race, if the objection or complaint involves[for][the race was run, if][objections or complaints involving] the claim of a horse or a violation of 810 KAR 1:012, Section 4; and[are based on any other violation of an administrative regulation.]

††††† (e)[(5)] Within one (1) week after post time of the race, if the objection or complaint is[objections or complaints are] based on any other violation of 810 KAR Chapter 1[an administrative regulation].

††††† (2) A steward may declare a horse ineligible or disqualified at any time.

 

††††† Section 4. Final Determination of Objections to Acts in Race. (1) The stewards shall:

††††† (a) Make all findings of fact as to all matters occurring during and incident to the running of a race;

††††† (b) Determine all objections[,] and inquiries based on interference by a horse, improper course run by a horse, foul riding by a jockey, and all other matters occurring during and incident to the running of a race; and

††††† (c)[, shall] Determine the extent of disqualification, if any, of horses in a race for a foul committed during the race.

††††† (2) Findings of fact and determination shall be final and shall not be subject to appeal[no appeal may be taken thereon].

††††† (3) In determining the extent of disqualification, the stewards shall consider the seriousness and circumstances of the incident and[in their discretion] may:

††††† (a)[(1)] Disqualify and place the offending horse, and any horses coupled with it as an entry, behind any horse that[as ]may have suffered by reason of the foul;

††††† (b)[(2)] Disqualify and declare the offending horse, and any horses coupled with it as an entry, unplaced;

††††† (c)[(3)] Disqualify the offending horse, and any horses coupled with it as an entry, from participation in all or any part of the purse;

††††† (d)[(4)] Declare void[,] a track record set or equaled by a disqualified horse, or any horses coupled with it as an entry;

††††† (e)[(5)] Affirm the placing[place] judges' order of finish and suspend the[a] jockey, if in the stewards' opinion the foul riding had no effect[affect] on the order of finish; or

††††† (f)[(6)] Disqualify the offending horse and not suspend the jockey, 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 the jockey.

 

††††† Section 5. Dispute of a Race after Declared Official for Pari-mutuel Payoff. If the result of a race is placed in dispute by the lodging of an objection or complaint or by discovery of an alleged violation of an administrative regulation, after the race has been declared official for pari-mutuel payoff, the procedures established in this section shall apply[then] pending final determination of the disputed race.[:]

††††† (1) The purse money and trophy to which the horse objected to may have been entitled shall be withheld and placed in escrow by the association until final adjudication of the dispute; except the stewards may order[,] any portion of the purse money to be distributed if the[whose] distribution would not be affected by the determination of the dispute[, at the discretion of the stewards, may be distributed].

††††† (2) If purse money or trophy has been awarded to an owner prior to the lodging of an objection or discovery of an alleged violation of an administrative regulation which places the outcome of a race in dispute, the money or trophy shall be returned immediately to the association on order of the stewards. Upon final adjudication of the dispute, the person deemed to be entitled to the purse money or trophy shall be entitled to an order of recovery from any person or association holding the same.

††††† (3) The horse that[which] crossed the finish line first and any other horse that may become the winner of a disputed race shall be considered winners[for which the race is claimed, shall be liable for all penalties attaching to the winner] of that race until the matter is[if] finally adjudicated.

 

††††† Section 6. Determination of a Disputed Race. The stewards shall determine an objection, complaint, or alleged violation of an[all objections, complaints, or alleged violations of] administrative regulation lodged or discovered after a race has been declared official for pari-mutuel payoff and shall issue a ruling [thereon]. If the stewards find that an administrative regulation was violated, the stewards may penalize the persons responsible, disqualify any horses in the disputed race, and award the purse money and trophy in accordance with any resulting revised order of finish in the disputed race.

 

††††† Section 7. Revised Order of Finish after Race Declared Official for Pari-mutuel Payoff. If a horse is disqualified after a race has been declared official for pari-mutuel payoff and [thereby] causes revision of the order of finish in the race:

††††† (1) The pari-mutuel payoff shall not[in no way] be affected in any way; and[.]

††††† (2) The stewards shall ensure that[be responsible for causing] appropriate corrections are[to be] made in official records for the race and in racing statistics as may pertain to the respective horses, jockeys, trainers, owners, breeders, sires, dams, and broodmare sires, by reporting the[such] corrections to the racing secretary and to the Daily Racing Form.

 

††††† Section 8. Complaints Against Officials. A complaint or protest by a licensee[All complaints or protests by any licensee] based on a[any] decision or act of a racing official other than the stewards, or concerning any matter that[as] may occur on association grounds not provided for by Sections 4 and 5 of this administrative regulation shall be made in writing, signed by the complainant, and submitted to the stewards. A complaint or protest by a person[All complaints or protests by any persons] based on a[any] decision, act, or conduct of the stewards shall be submitted to the commission[authority], as provided by 810 KAR 1:029[1:020].

 

ROBERT M. BECK, JR., Chairman

LARRY R. BOND, Acting Secretary

††††† APPROVED BY AGENCY: August 8, 2014

††††† FILED WITH LRC: August 12, 2014 at 2 p.m.

††††† CONTACT PERSON: Katherine M. Paisley, Deputy General Counsel, Kentucky Horse Racing Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky 40511, phone (859) 246-2040, fax (859) 246-2039.