205 CMR 4.35 - Stewards

(1) The Stewards shall have the power to interpret 205 CMR 4.00 and to decide all questions not specifically covered by them.

(2) In matters pertaining to racing, the orders of the Stewards supersede the orders of the Officers and Directors of the Association.

(3) The Stewards shall have general supervision over owners, trainers, jockeys, grooms and other persons attendant on horses, and also over all the other officials at the meeting.

(4) The Stewards shall have the authority to declare a race void and to order all wagers made thereon refunded if they shall determine that any occurrence before or during the running of such race calls for such action by them.

(5) The Stewards shall have control over and free access to all stands, weighing rooms, enclosures, and other places in use for the purpose of racing.

(6) All entries and declarations shall be under the supervision of the Stewards.

(7) The Stewards shall have the power to determine all questions arising with reference to entries and racing.

(8) All questions pertaining to which their authority extends shall be determined by a majority of the Stewards.

(9) The Stewards shall have the power to punish for violation of 205 CMR 4.00 any person subject to their control and in their discretion to impose forfeitures or suspensions or both for infractions.

(10) The Stewards may not impose a forfeiture in excess of $3,000.00. If it is deemed necessary that a larger forfeiture should be imposed, the Stewards shall so recommend to the Commission.

(11) The Stewards may suspend a person or disqualify a horse. The Stewards shall maintain a list of such disqualified horses and other horses that in the opinion of the Stewards are not competitive at that meeting or are dangerous to themselves, riders or other horses. Horses on said list may not enter until permission to do so is given by the Stewards in order to remove a horse from said list. No horse may be placed on said list unless prior thereto the Stewards state, in writing, the reason for placement of the horse thereon.

(12) The Stewards shall have the powers to exclude or eject from the premises and enclosures of the Association

(a) any person who is disqualified for corrupt practices on the turf in any country;

(b) any person who is under suspension by the Stewards of a recognized meeting or ruled off by any other Commission;

(c) any person who is under their supervision.

(13) The Stewards may demand proof that a horse neither is disqualified in any particular; nor entered or owned, in whole or in part, by a disqualified person, or trained in whole or in part, by a disqualified person. In default of proof, satisfactorily to them, the Stewards may declare the horse disqualified.

(14) The Stewards may postpone a race from race-day to race-day.

(15) The Stewards shall have the power to examine or cause to be examined at any time any horse stabled on the Association grounds, or in stabling approved by the Association.

(16) The three Stewards must be on duty during race time, which shall mean from one hour before post time for the first race of the day until the last race of the day has been made official.

(17) At least one of the Stewards, or his or her deputy, must be on duty within call of therRacing secretary from the time of opening of overnight entries each morning until after the drawing of postpositions.

(18) The Steward may appoint his or her own deputy at any time.

(19) If there is only one Steward present at race time, said Steward shall appoint two other qualified persons to act with him or her as Stewards pro tem.

(20) If only two Stewards are present at race time, they shall by agreement appoint a deputy for the absent Steward; but if unable to reach an agreement, shall call upon the racing secretary to appoint said deputy.

(21) If none of the Stewards are present at race time, the racing secretary shall appoint three qualified persons, one of whom may be himself or herself, to act as Stewards pro tem.

(22) When a vacancy occurs among the racing officials, other than the Stewards, prior to post time of the first race of the day, or when a vacancy occurs after the racing of the day has started, the Stewards shall immediately fill the vacancy. The appointment shall be effective only for the day, unless the Association fails to fill the vacancy on the following day and notifies the Stewards of its action not less than one hour before the post time of the first race of the day. Such appointment shall be reported immediately to the Commission.

(23) The Stewards shall take notice of any questionable conduct with or without complaint.

(24) The Stewards may substitute a jockey of their selection on any horse.

(25) The Stewards may place any horse in the temporary charge of a trainer of their selection.

(26) In case of accident or casualty to a horse before a start, the Stewards may excuse said horse.

(27) The Stewards must investigate promptly, and render a decision in every objection and in every complaint properly made to them.

(28) The Stewards shall report all objections and complaints to the Commission as soon as received by them, and shall make prompt report to said Commission of their decision.

(29) The Stewards shall, not later than seven days after the end of each meeting, make a report to the Chairman of the Commission of all infractions of 205 CMR 4.00 and of all rulings of the Stewards upon matters coming before them during such meeting.

(30) Except in emergencies, no Steward shall grant permission for a change of horses' equipment after the close of entries for the race in which the changed equipment is to be carried.

(31) There shall be one or more timers. They shall determine the official time of each race.

(32) The time recorded for the first horse to cross the finish line shall be the official time of the race.

(33) In the event that a horse establishes a track record in a race and if it later develops that the chemical analysis of any sample taken indicates the presence of a narcotic, stimulant, depressant or local anesthetic, then such track record shall be null and void.

(34) When electric timing is used, the races shall also be timed otherwise.

(35) The time shall be announced and displayed.

(36) A written report of the time of each race shall be made to the clerk of the scales for the reports to the racing secretary.

(37) No person may refuse to testify before the Stewards at any formal hearing on any relevant matter within the authority of the Stewards, except in the proper exercise of a legal privilege or unless representation is requested by an attorney or their association.

Notes

205 CMR 4.35