PUBLIC PROTECTION CABINET
Kentucky Horse Racing Commission
(As Amended at ARRS, November 14, 2014)
††††† 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[
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
††††† (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[
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]
††††† (3) An objection or complaint once lodged shall not be withdrawn without permission of the stewards.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]:
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;[ .]
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;[ .]
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;[ .]
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.]
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
††††† (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
,] 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
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
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]
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
and declare the offending horse, and any horses coupled with it as an entry,
the offending horse, and any horses coupled with it as an entry, from participation
in all or any part of the purse;
Declare void[ ,] a track record set or equaled by a disqualified horse,
or any horses coupled with it as an entry;
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
(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[
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[
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 [
causes revision of the order of finish in the race:
††††† (1) The pari-mutuel payoff shall not[
no way] be affected in any way; and[ .]
††††† (2) The stewards shall
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[
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.