811 KAR 2:090. Objections and complaints.

 

      RELATES TO: KRS 230.610-230.770

      STATUTORY AUTHORITY: KRS Chapter 13A

      NECESSITY, FUNCTION, AND CONFORMITY: To regulate conditions under which Arabian, quarter horse and appaloosa racing shall be conducted in Kentucky. The function of this administrative regulation relates to the requirements and procedures in lodging of objections and complaints.

 

      Section 1. Persons Eligible to Lodge Objections or Complaints. Objections or complaints against a horse or jockey entered in a race shall be received only when duly lodged by the owner or authorized agent of the owner, or the trainer, or the jockey, of another horse engaged in the same race and whose horse suffered or could suffer by the alleged rule violation. An inquiry also can be made by a racing official.

 

      Section 2. Form for Objections and Complaints. Objections as to interference or fouls occurring during the running of the race may be lodged orally by the trainer or jockey with the clerk of scales or with the stewards; all other objections or complaints shall be made in writing and bear the signature of the complainant. Objections or complaints lodged during a race meeting shall be addressed to the stewards. Objections or complaints lodged after the termination of a race meeting shall be addressed to the commission secretary at the commission general office. An objection or complaint once lodged cannot be withdrawn without permission of the stewards.

 

      Section 3. Time for Lodging Objections or Complaints. Objections or complaints based on the following rule violations must be lodged by persons aggrieved thereby within the time prescribed therefor; except that the stewards may declare a horse ineligible or disqualified at any time:

      (1) At least one (1) hour before post time if objection is based on incorrect weight allowance claimed for a horse entered to race.

      (2) Before the race has been posted as official on the infield result board if objection 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.

      (3) Not later than one (1) year after the race was run if the objection or complaint is based on fraudulent or willful misstatement in entry under which a horse has run.

      (4) Not later than forty-eight (48) hours, exclusive of Sunday, after the race was run if objections or complaints are based on any other rule violation.

 

      Section 4. Final Determination of Objections to Acts in Race. 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 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, shall determine the extent of qualifications, if any, of horses in a race for a foul committed during such race. Such findings of fact and determinations shall be final and no appeal may be taken thereon. In determining the extent of disqualification, the stewards in their discretion may:

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

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

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

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

      (5) Affirm the placing judges' order of finish and suspend a jockey if in the stewards' opinion the foul riding did not affect the order of finish;

      (6) Disqualify the offending horse and not suspend a 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 a jockey.

 

      Section 5. Dispute of a Race after Declared Official for Pari-mutuel Payoff. In the event the result of a race is placed in dispute by the lodging of an objection or complaint, or by discovery of an alleged rule violation, after such race has been declared official for pari-mutuel payoff (for example, discovery of a ringer or otherwise ineligible starter, or violation of the medication rule), then pending final determination of such disputed race:

      (1) 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; provided, however, any portion of the purse money whose distribution would not be affected by the determination of such 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 rule violation which places the outcome of a race in dispute, such 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 same.

      (3) The horse which crossed the finish line first and any other horse for which the race is claimed, shall be liable for all penalties attaching to the winner of that race until the matter if finally adjudicated.

 

      Section 6. Determination of a Disputed Race. The stewards shall determine all objections, complaints, or alleged rule violations 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 rule was violated, the stewards may penalize the persons responsible therefor, disqualify any horses in the disputed race, and award the purse money and trophy in accordance with any resulting revised order of finish in such disputed race.

 

      Section 7. Revised Order of Finish after Race Declared Official for Pari-mutuel Payoff. In the event 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 such race:

      (1) The pari-mutuel payoff shall in no way be affected.

      (2) The stewards shall be responsible for causing appropriate corrections 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 such corrections to the racing secretary and to the Daily Racing Form.

 

      Section 8. Complaints against Officials. All complaints or protests by any licensee based on any decision or act of a racing official other than the stewards, or concerning any matter as should occur on association grounds not provided for by Sections 4 and 5 of this administrative regulation shall be made in writing, shall be signed by the complainant, and shall be submitted to the stewards. All complaints or protests by any persons based on any decision, or act, or conduct of the stewards shall be submitted to the commission, as provided by 811 KAR 2:105. (Recodified from 812 KAR 1:090, 6-10-87.)