NECESSITY, FUNCTION, AND CONFORMITY:
authorize the Kentucky Horse Racing Commission to promulgate administrative
regulations prescribing conditions under which racing is conducted in Kentucky.
This administrative regulation establishes the requirements and procedures for
lodging objections and complaints.
Persons Eligible to Lodge Objections or Complaints.
Except as established by subsection (2)
of this section, an objection or complaint against a horse or jockey entered in
a race shall be received only if lodged:
In accordance with Sections 2 and 3 of this administrative regulation;
(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 could suffer by the alleged violation of
KAR Titles 810 or 811.
(2) An inquiry may also be made by a racing
Procedures for Objections and Complaints.
An objection as to interference or a foul 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 the
(2) An objection or
complaint lodged during a race meeting shall be addressed to the stewards. An
objection or complaint lodged after the termination of a race meeting shall be
addressed to the commission at the commission's general office.
(3) An objection or complaint once lodged
shall not be withdrawn without permission of the stewards.
Time for Lodging Objections or
Except as established by
subsection (2) of this section, an objection or complaint based on one (1) of
the following violations of KAR Title 810 shall be lodged by an aggrieved
person within the time prescribed:
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
(b) Before the race has been
posted as official on the infield results 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) Not later
than one (1) year from the date the race was run, if the objection or complaint
is based on fraudulent or willful misstatement in an entry under which a horse
Not later than
forty-eight (48) hours after post time of the race, if the objection or
complaint involves the claim of a horse or a violation of
, Section 4; and
(e) Within one (1) week after post time of
the race, if the objection or complaint is based on any other violation of KAR
(2) A steward
may declare a horse ineligible or disqualified at any time.
Final Determination of
Objections to Acts in Race.
(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) Determine the
extent of disqualification, if any, of horses in a race for a foul committed
during the race.
Findings of fact and determination shall be final and shall not be subject to
In determining the
extent of disqualification, the stewards shall consider the seriousness and
circumstances of the incident and may:
Disqualify and place the offending horse, and any horses coupled with it as an
entry, behind any horse that may have suffered by reason of the foul;
(b) Disqualify and declare the offending
horse, and any horses coupled with it as an entry, unplaced;
(c) Disqualify the offending horse, and any
horses coupled with it as an entry, from participation in all or any part of
(d) Declare void a track
record set or equaled by a disqualified horse, or any horses coupled with it as
(e) Affirm the placing
judges' order of finish and suspend the jockey if, in the stewards' opinion,
the foul riding had no effect on the order of finish; or
(f) 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.
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 KAR Titles 810 or 811 after the race has been declared official
for pari-mutuel payoff, the procedures established in this section shall apply
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 distribution
would not be affected by the determination of the dispute.
(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 KAR Titles 810 or 811 that 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 of that race until the matter is finally
Determination of a Disputed Race. The stewards shall determine an objection,
complaint, or alleged violation of KAR Titles 810 or 811 lodged or discovered
after a race has been declared official for pari-mutuel payoff and shall issue
a ruling. If the stewards find that a requirement of KAR Titles 810 or 811 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.
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:
pari-mutuel payoff shall not be affected in any way; and
(2) The stewards shall ensure that
appropriate corrections are made in official records for the race and in racing
statistics as might pertain to the respective horses, jockeys, trainers,
owners, breeders, sires, dams, and broodmare sires, by reporting the
corrections to the racing secretary and to the Daily Racing Form.
Officials. A complaint or protest by a licensee based on a decision or act of a
racing official other than the stewards, or concerning any matter that 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 based on a
decision, act, or conduct of the stewards shall be submitted to the commission
as established by