Ariz. Admin. Code § R19-2-121 - Officials
A. Generally.
1. In this Article, the term track official
means the following persons employed by the permittee and approved and licensed
by the Department: Director of Racing, one steward, pari-mutuel manager, patrol
judges, clerk of the scales, starter, timer, placing judge, paddock judge,
track veterinarian, track superintendent, racing secretary, assistant racing
secretary, handicapper, horsemen's bookkeeper, jockey room custodian, and chief
of security.
2. The term Department
official means the following persons appointed by the Department: two stewards,
state pari-mutuel supervisor, state veterinarian, identifier, and investigator.
Other track officials may be appointed by the Department for a county fair race
meet.
3. A person may serve in more
than one position as a track or Department official if the person can do so
without detriment to any of the other positions and the person has the consent
and approval of the Department except that neither the racing secretary nor the
permittee director of racing may serve as a steward.
4. A ruling by the stewards is controlling if
made by a majority of the stewards participating in making the
ruling.
5. Vacancies.
a. When a vacancy occurs among officials
other than stewards, the stewards shall fill the vacancy before post time of
the first race of the day or immediately if the vacancy occurs after post time
of the first race. An appointment made by the stewards is effective only for
the day on which the appointment is made unless the permittee fails to fill the
vacancy on the following day and notifies the stewards of its action not less
than one hour before post time of the first race of the following day. A
permittee shall promptly report the appointment of an official to the
Department.
b. As required under
subsection (E)(1), three stewards shall view the running of a race. If a
vacancy occurs among the stewards, the stewards present shall appoint one or
two persons to serve as temporary stewards. The stewards making an appointment
under this subsection shall report the appointment in writing to the
Department.
c. In case of
emergency, the stewards may appoint a substitute official to fill a vacancy for
only as long as the emergency exists.
6. The Department shall not license or
appoint minors as officials.
7. A
person with a financial interest in the result of a race, such as an ownership
interest in any entered horse or a wager shall not act as an official at the
race meet in which the race occurs.
B.Prohibited acts.
1. An official or an official's assistant
shall not purchase pari-mutuel tickets on races.
2. An official or an official's assistant
shall not consume alcoholic beverages while on duty.
3. An official shall not accept, directly or
indirectly, a bribe, gift, or other form of gratuity that is intended to or
might influence the results of a race or the conduct of a race meet.
4. An official or employee of a permittee
shall not write or solicit horse insurance at a race meet.
5. An official or employee of a permittee at
a race meet shall not buy or sell a contract upon a jockey or apprentice jockey
for another official or employee of a permittee or for another individual,
either directly or indirectly.
C. An official or employee or a permittee
shall report all observed violations of this Chapter to the stewards.
D.Complaints.
1. A person with a grievance or complaint
against a track official, an employee of the permittee, or a licensee shall
submit the grievance or complaint in writing to the stewards within five days
of the alleged act or omission giving rise to the grievance or complaint. The
stewards shall consider the matter, take appropriate action, and make a full
written report of the stewards' action to the Department.
2. A person with a grievance or complaint
against an official or employee of the Department shall report the grievance or
complaint in writing to the Director or designee within five days of the
alleged act or omission giving rise to the grievance or complaint.
3. The Department shall take disciplinary
action allowed under A.R.S. Title 5, Chapter 1 against an official or employee
of the Department who fails to comply with this Chapter.
E.Stewards.
1. Two stewards appointed by the Director,
and one steward appointed by the permittee and licensed by the Department,
shall supervise each race meet.
a. The
stewards shall be in attendance at the office of the racing secretary or on the
grounds of the permittee on any day in which entries are being taken or racing
is being conducted and represent the Department in all matters pertaining to
the enforcement and interpretation of this Chapter.
b. The stewards shall advise the Director of
all hearings and rulings made.
c.
If a steward is unable to perform the steward's duties for more than one day,
the steward shall immediately notify the Director so an alternate steward may
be named to act in the steward's place.
2. The stewards shall enforce A.R.S. Title 5,
Chapter 1 and this Chapter.
3. The
stewards shall interpret A.R.S. Title 5, Chapter 1 and this Chapter and decide
all questions not specifically covered by the A.R.S. Title 5, Chapter 1 and
this Chapter. In all interpretations and decisions, an order of the stewards
supersede an order of the permittee. i.
j. When a person is suspended, the stewards shall rule
off every horse wholly or partly owned by the person for as long as the
person's suspension continues. The suspended person shall not, whether acting
as agent or otherwise, subscribe for, enter, or run a horse in any race, in
either the person's name or that of another person. The stewards shall
disqualify a horse if the horse is wholly or partly owned by the suspended
person or under the suspended person's care, management, training, or
supervision, or the suspended person has an interest in the horse's winnings.
At the time it is discovered, the stewards shall void an entry from a suspended
person or of a horse that stands ruled off . The suspended person shall forfeit
the entry or subscription money and return the money or prize won.
a. The
stewards shall have control over and free access to all stands, weighing rooms,
enclosures, and all other places within the grounds of the permittee.
b. The stewards shall investigate and render
a decision promptly on each objection properly made to them under
R19-2-117 .
Even if all stewards agree on a ruling, only a majority need to sign the
ruling.
c. The stewards shall
supervise all entries and declarations. The stewards may refuse entries or the
transfer of entries for violation of A.R.S. Title 5, Chapter 1 or this Chapter
.
d. The stewards shall regulate
and control the conduct of officials and other persons attending or
participating in a race meet.
e.
When necessary to maintain safety and health conditions and protect public
confidence in the sport of racing, the stewards shall :
i. Authorize a person to enter in or on and
examine the buildings, stables, rooms, motor vehicles, trailers, or other
places within the grounds of a permittee;
ii. Inspect and examine the person, personal
property, and effects of any person within the grounds or a permittee;
and
iii. Seize any items prohibited
under
R19-2-112(7) or
(8) or any other illegal article.
f. Under subsection (E)(6), the
stewards may impose a civil penalty in an amount not to exceed $2,500 on any
person subject to the stewards' control for violation of A.R.S. Title 5,
Chapter 1 or this Chapter. After a hearing, the stewards may suspend a person
violating A.R.S. Title 5, Chapter 1 or this Chapter for up to six months and
may rule off a licensee violating A.R.S. Title 5, Chapter 1 or this Chapter.
The stewards may impose both a civil penalty and suspension for the same
violation. The stewards may refer any ruling made by the stewards to the
Director, recommending further action, including license revocation.
g. If a laboratory report or other evidence
shows the administration or presence of a foreign substance, the stewards shall
immediately investigate the matter and may disqualify the horse, suspend the
trainer or other person involved, refer the matter to the Director, and impose
a fine.
h. Every person or entry
expelled or ruled off by any recognized turf authority for fraudulent or
improper practice or conduct is ruled off all permittee locations in the
state.
i. Unless specifically
ordered otherwise, if the stewards suspend one license held by an individual,
all licenses held by the individual are suspended for the term of the
suspension.
4. The stewards may excuse a horse
that has left the paddock for the post if the stewards consider the horse to be
disabled or unfit to run. In claiming races, if there is a claim entered on an
excused horse, the claim is invalid.
5. The stewards shall determine the finish of
a race by the relative position of the noses of each horse. At the end of a
race, the stewards shall immediately notify the pari-mutuel department of the
numbers of the first four horses.
a. The
stewards shall promptly display the numbers of the first four horses in each
race in the order that they finished. If the stewards differ as to the order in
which the horses finished, the conclusion of the majority of the stewards shall
prevail.
b. The stewards may review
a photo-finish picture provided by the permittee to aid the stewards in
determining the finish of a race.
i. If the
photo-finish picture furnished by the permittee is not adequate or usable, the
stewards shall make the final decision.
ii. If the stewards consider it advisable to
review the photo-finish picture, the stewards may post the placements that the
stewards determine are unquestionable without waiting for a picture. After
reviewing the picture, the stewards shall make the other placements. The
stewards shall not declare the race official until the stewards have determined
which horses finished first, second, third, and fourth.
c. The stewards shall correct an error before
the display of the official sign or recall the official sign if it is displayed
through error.
6. The
stewards shall adhere to the following procedure when the stewards have reason
to believe that a person has violated A.R.S. Title 5, Chapter 1 or this Chapter
:
a. The stewards shall summon the person to
a hearing with all the stewards present;
b. The stewards shall give 24-hours' written
notice of the hearing to the person, using a form supplied by the Department.
The stewards shall time and date the notice, and the person notified shall sign
the notice and return the notice to the stewards. The stewards shall retain the
original notice and include the notice as part of the case file. The stewards
shall give a copy of the notice to the person summoned;
c. Except as provided in subsection
(E)(6)(g), the stewards shall not impose a penalty without a hearing;
d. If a summoned person fails to appear at a
scheduled hearing, the person waives the right to a hearing before the
stewards;
e. The stewards shall
permit the summoned person to present witnesses on the person's
behalf;
f. The stewards shall take
appropriate action, including suspension, civil penalty, or both, if there is
substantial evidence to find a violation of A.R.S.Title 5, Chapter 1 or this
Chapter. The stewards shall promptly forward the written decision or ruling to
the Director and to the summoned person;
g. The stewards may summarily declare a horse
scratched and may suspend a license pending a stewards' hearing if the stewards
make a specific finding that the action is in the best interest of the public
health, safety, and welfare;
h. The
stewards shall recover and forward to the Department any license the stewards
suspend;
i. The stewards shall act
by majority vote on all matters within the stewards' jurisdiction;
j. The stewards have the power to modify,
change, or remit any ruling imposed by the stewards; and
k. A licensee shall promptly pay to the
Department any civil penalty imposed by the stewards for deposit with the state
treasurer.
7. During a
term of suspension of an owner, trainer, or other person at a location under
the jurisdiction of the Department, the stewards and permittee shall ensure
that a ruling against the owner, trainer, or other person is
enforced.
F.Racing
secretary. b.
2. The racing secretary
shall keep a complete record of all races.
2.
3. The racing secretary
or authorized representative shall inspect all documents dealing with owners
and trainers, partnership agreements, appointments of authorized agents, and
adoption of stable names. The racing secretary may demand production of the
documents to verify their validity and authenticity and to ensure that A.R.S.
Title 5, Chapter 1 and this Chapter has been followed.
3.
4. The
racing secretary shall write the conditions of all races and publish the
conditions sufficiently before closing time for entries to allow the conditions
to be read by all owners and trainers. The racing secretary shall not alter the
conditions of the races after closing time.
4.
5. The
racing secretary shall act as the official handicapper in all races.
5.
6. The racing secretary
shall determine the character and condition of substitute and extra races and
submit the substitute and extra races to the stewards for approval.
6.
7. The racing secretary
or designee shall conduct the drawing of horses in all races and immediately
post an overnight listing of the horses in each race.
7.
8. The
office of the racing secretary shall keep the preferred list of all
horses.
8.
9. The racing secretary shall not allow a horse to
start in a race unless the horse is entered in the name of the legal owner and
the owner's name appears on the back of the horse's registration papers or on a
legal lease or bill of sale attached to the horse's registration
papers.
1. The racing secretary shall
report to the stewards all violations of A.R.S. Title 5, Chapter 1 and this
Chapter or of the regulations of the permittee that come to the racing
secretary's attention.
a. The racing secretary shall not write race
conditions that conflict with A.R.S. Title 5, Chapter 1 or this
Chapter.
b. The racing secretary
shall include in the race conditions or post a list of eligible horses before
the time of entry for every graded quarter-horse race. The racing secretary
shall not add a horse to this list after entering has begun without the consent
of those who have entered eligible horses.
a. The racing secretary shall assign weight
to all horses entered in a handicap race.
b. The racing secretary shall post the
weights assigned in a handicap race before 10:30 a.m. on the day set for
publication.
a. If a stakes or overnight handicap race
does not fill, the unfilled race may be replaced by another overnight race
carrying a guaranteed purse consistent with the daily average purse.
b. If a race is canceled, the racing
secretary may split any race programmed for the same day that previously was
closed.
c. The racing secretary
shall give preference to races printed in the condition book over substitute
and extra races.
G.Assistant
racing secretary. The assistant racing secretary shall, under the racing
secretary's supervision, assist the racing secretary to perform the racing
secretary's duties.
H.Starter.
1. The starter has:
a. Complete jurisdiction over the starting of
any field of horses,
b. Authority
to give orders necessary to ensure a fair start, and
c. Authority to recommend to the stewards
that a person be fined or suspended for violating the starter's
orders.
2. The starter
may place a horse on a schooling list. The racing secretary shall not accept an
entry on a horse until the horse is removed from the schooling list by the
starter.
3. The starter may
recommend to the stewards that a horse be ruled off if the horse is
unmanageable at the starting gate or refuses to break properly, after a
reasonable schooling period.
I.Starter's assistant.
1. The starter's assistant may help horses
into the starting gate.
2. The
starter's assistant may handle or otherwise restrain unruly or fractious horses
before the start.
J.Clerk of the scales.
1. The clerk of the scales shall:
a. Weigh all jockeys out and in;
b. Post promptly the names of jockeys who are
overweight at weigh out ;
c. Notify
a trainer that the trainer's jockey is overweight;
d. Report all late scratches, changes in
riders, overweight jockeys, and corrected weights for posting on a bulletin
board located in a place conspicuous to the wagering public; and
e. Record winning records of apprentice
jockeys and attest to the date and track on the jockey's apprentice
certificate.
2. A jockey
shall not pass the scale more than seven pounds overweight without consent of
the stewards.
3. A jockey shall not
be more than one pound short at weigh in.
4. The clerk of the scales shall report to
the stewards any violation of weight requirements or any attempt to alter
specified weights.
K.Paddock judge.
a.
1. Check all contestants for each race,
b.
2.
Keep a record of all equipment carried by all horses in each race under the
paddock judge's jurisdiction,
c.
3. Not allow a change
of equipment unless the change is approved by the stewards;
2.
4.
Ensure that only the owner or trainer of a horse or an employee of the owner or
trainer touch a horse in the paddock without permission of the paddock judge;
and
3.
5. Report any irregularities to the
stewards.
1. The paddock judge
shall:
L.Patrol
judge.
1. The patrol judge shall:
a. View the portion of the track allotted to
the patrol judge, and
b. Report to
the stewards any irregular incident occurring during a race.
2. The stewards may require a
patrol judge to submit a written report on each race.
3. The number of patrol judges in use at a
track may vary with the size of the track and need to ensure clean
racing.
M.Timers. Timers
shall:
1. Accurately record the time of each
race,
2. Accurately record the
fractional times of each race if required, and
3. Use an electrical timing device approved
by the Department in all races restricted to quarter horses.
N.Jockey room custodian.
a.
1. Maintain the jockey room in proper order as a
restricted area;
b.
2. Ensure that jockeys conduct themselves in
accordance with A.R.S. Title 5, Chapter 1 and this Chapter;
c.
3.
Ensure that jockeys are on time for races;
d.
4. Supervise the valets
employed to assist the jockeys;
e.
5. Assist the clerk of
scales to ensure jockeys have proper equipment and carry the correct weight;
and
2.
6. Report immediately to the stewards any horse's
colors not in the jockey room custodian's possession for the day's
racing.
1.The jockey room
custodian shall:
O.Horsemen's
bookkeeper.
1. The horsemen's bookkeeper
shall receive all stakes, forfeits, entrance monies, fees (including jockey
fees), and purchase money in claiming races.
2. The horsemen's bookkeeper shall pay all
money on deposit to the persons entitled to it within 14 days after the close
of a race meet.
3. The horsemen's
bookkeeper shall be bonded in an amount determined by the Director.
4. The horsemen's bookkeeper shall segregate
and hold as trust funds all fees paid in added money events, early closing
events, stakes, and futurities until the event is contested. The horsemen's
bookkeeper shall submit proof of segregation by bank letter or bank statement
to the Department through the bank's authorized representative.
5. The horsemen's bookkeeper shall not pay
purse money earned by a horse to anyone except the horse's registered owner or
the owner's authorized agent. The Department shall authorize the release of
purse monies only after the results of laboratory analysis are
obtained.
6. If the stewards notify
the horsemen's bookkeeper that there is an objection or a post-race sample
tests positive for a foreign substance, the horsemen's bookkeeper shall hold
the purse monies until the Department authorizes release of the purse monies.
P.Veterinarians.
7.
6. A veterinarian
licensed by the Department shall keep a written record of the veterinarian's
practice on the grounds of a permittee relating to horses participating in
racing.
1. The Department shall approve two official
veterinarians who are licensed to practice veterinary medicine by the state of
Arizona. Each permittee shall employ one of the official veterinarians, who is
called the track veterinarian. The Department shall employ the other official
veterinarian, who is called the state veterinarian.
2. The state veterinarian shall be in charge
of all sample collection.
3. An
official veterinarian shall inspect each horse in the receiving barn or paddock
and shall recommend to the stewards that a horse be scratched if the
veterinarian finds the horse is unsafe to race or physically unfit to produce a
satisfactory result in a race.
4.
The track veterinarian shall examine all horses before to a race.
5. Either the state veterinarian or track
veterinarian shall place a horse deemed to be unsafe, unsound, or unfit on a
suspension list approved by the stewards.
6.
The racing secretary may accept the entry of a horse
on the veterinarian's list only after approval by the track and Department
veterinarian and if three calendar days have elapsed since the horse was placed
on the veterinarian's list.
a. The veterinarian shall include the
following in the record :
i. The name of the
horse treated,
ii. The nature of
the horse's ailment,
iii. The type
of treatment prescribed and performed for the horse, and
iv. The date and time of the
treatment;
b. The
veterinarian shall keep the record for practice engaged in at all licensed
tracks;
c. The veterinarian shall
produce the record without delay on request of the stewards or the
Department;
d. A veterinarian
engaged in private practice at a location under the jurisdiction of the
Department shall be licensed by the Arizona State Board of Veterinarian Medical
Examiners and the Department;
e. A
veterinarian who administers to or prescribes for horses on the premises of a
permittee shall be licensed by the Department except, as specified in
R19-2-120(A)(2)(g), in case of emergency ; and
f. When recommended by the state
veterinarian, the Department shall evaluate new and experimental medications
and drugs and determine whether the medications and drugs may be used on the
grounds of a permittee.
7. If an official veterinarian determines
that an injured horse should be destroyed, the official veterinarian shall
destroy the horse quickly, humanely, and out of sight of the public unless any
delay will prolong suffering by the horse.
Q.Horse identifier.
1. The horse identifier or designee shall
examine all horses registered for racing at tracks under the jurisdiction of
the Department.
2. The horse
identifier shall ensure that all horses starting at any track in Arizona are
tattooed unless otherwise authorized by the stewards.
3. The horse identifier may make photographs
or permanent identification records for horses referred to in subsection (Q)(1)
. The horse identifier shall include the tattoo number, markings, cowlicks,
dimples, and other characteristics on the horse's identification
record.
Notes
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