Md. Code Regs. 09.10.01.45

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.10.01.45 - Stewards

A. When a vacancy occurs among the racing officials before post time of the first race of the day, or when a vacancy occurs after the racing of the day has started, the stewards immediately shall 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 1 hour before the post time of the first race of the day.

B. These appointments shall be reported immediately to the Racing Commission.

C. The stewards shall take notice of any questionable conduct with or without complaint thereof.

D. It is the duty of the stewards to see to it that horses arrive at the starting post as near to the advertised post time as practical.

E. In case of accident or casualty to a horse before off-time, the stewards may excuse that horse.

F. The stewards shall investigate promptly, and render a decision in every protest and in every complaint properly made to them.

G. The stewards shall report all protests and complaints to the Commission as soon as received by them, and shall make prompt report to the Commission of their decision.

H. The stewards have the power to interpret these rules and to decide all questions not specifically covered by them.

I. In matters pertaining to racing, the orders of the stewards supersede the orders of the officers and directors of the association.

J. The stewards have the power and the duty to regulate and govern the conduct of all racing officials and of all owners, trainers, jockeys, grooms, and other persons attendant on horses during, before, and after races.

K. In the performance of duty, the stewards have control over, and unrestricted access to, all stands, weighing rooms, and jockey rooms, enclosures and other places in use for the meeting.

L. All entries and declarations are under the supervision of the stewards.

M. The stewards have the power to determine all questions arising with reference to entries and racing.

N. All questions within the stewards' authority shall be determined by a majority vote of the stewards.

O. The stewards have the power to punish for violation of these rules any person subject to their control and, in their discretion, to impose fines or suspensions, or both, for infractions.

P. The stewards may demand proof that a horse is neither disqualified in any way nor trained, entered, or owned, in whole or in part, by a disqualified person. In default of proof satisfactory to them, the stewards may declare the horse disqualified.

Q. The stewards 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 Commission.

R. A steward may appoint his own deputy at any time.

S. Appointment of any deputy or deputies for a steward or stewards shall be reported immediately to the Commission and its approval obtained.

T. There shall be three stewards in the stand when a race is being run.

T-1. The stewards shall lock all pari-mutuel betting machines not later than the moment the starting gate is opened for the beginning of a race.

U. Complaints against an official or officials shall be made to the stewards in writing, signed by the complainants. All complaints shall be reported to the Commission, together with the action, if any, taken on them by the stewards.

V. Violations.

(1) If the stewards find that an individual licensed by the Commission has violated a regulation of the Commission or has been involved in any improper turf practice, they may:

(a) Exclude the individual from the grounds, or any portion of the grounds, of the association conducting the meeting;

(b) Exclude the individual from the grounds of any association under the jurisdiction of the Commission;

(c) Suspend the license of the individual to act or ride for a period not exceeding 90 days;

(d) Fine the individual not more than $2,500; or

(e) Impose any combination of the sanctions set forth in §V(1)(a)-----(d) of this regulation.

(2) If the stewards consider that the violation merits sanctions beyond those permitted under §V(1) of this regulation, they shall promptly refer the matter to the Maryland Racing Commission, which shall institute proceedings against the individual as set forth under COMAR 09.10.04.05B.

(3) The stewards shall have the power to suspend the license of the individual pending action by the Commission.

(4) In determining the penalty to be imposed, the stewards shall consider the:

(a) Seriousness of the violation;

(b) Harm caused by the violation;

(c) Good faith or lack of good faith of the licensee; and

(d) Licensing history of the licensee.

(5) A person licensed by the Commission who is fined, excluded from the grounds, or disciplined by the stewards may appeal to the Maryland Racing Commission from the stewards' ruling.

W. If any case occurs which is not, or which is alleged not to be, provided for by these rules, it shall be determined by the stewards in such manner as they think just and conformable to the usages of the turf.

X. Penalties.

(1) The stewards may impose such punishment and take such other action in the matter as they deem to be within the intent of these rules, including reference to the Commission.

(2) The punitive powers of the stewards provided for in any of these rules are limited to the powers provided for in §V of this regulation.

Y. Exclusions.

(1) The stewards may exclude from all places under their control an individual:

(a) Whose license has been suspended, revoked, or denied; or

(b) Found guilty of any corrupt or fraudulent turf practices.

(2) The stewards shall promptly report to the Commission the name of an individual they exclude from places under their control.

Z. All questions pertaining directly to racing, arising during the period of the meeting, shall be determined by the stewards. If they are unable to reach a majority decision in 3 days, the case shall be reported to the Commission for such action as it deems proper to take.

AA. In the suspension of a jockey for an offense other than one involving fraud, the stewards shall:

(1) Make the effective date of the suspension not earlier than the second racing day after the offense, unless requested to do so by the jockey, and not later than 1 day after the latest racing day's entries have been drawn; and

(2) Permit a jockey serving a suspension of 10 days or less to ride in a designated race during the period of the suspension if the:

(a) Race has been specified as a designated race by the racing secretary of the association before the inception of the race meeting at the association,

(b) Race has been approved as a designated race by the stewards officiating at the meeting,

(c) Jockey or the jockey's agent, before the beginning of the suspension, satisfactorily demonstrates to the stewards that the jockey has given a call on a horse that may participate in the designated race, and

(d) Jockey agrees to serve an additional racing day of suspension in place of the day on which the jockey rides in the designated race.

BB. When the ownership of any horse entered in a race is in dispute, the stewards may not permit the horse to run in the race unless, and until, its ownership is definitely established to their satisfaction.

CC. Persons entering horses to run on licensed Maryland tracks agree in so doing to accept the decision of the stewards on any question relating to a race or to racing, subject to review by the Commission.

DD. If the stewards at any time are satisfied that the riding of any race was intentionally foul, or that any jockey was instructed or induced so to ride, all persons whom the stewards deem guilty of complicity shall be suspended, and the case shall be reported to the Commission for such additional action as it may deem necessary.

EE. A horse that has been the subject of fraudulent practice shall be disqualified by the stewards, but for no longer than the duration of the meeting, and reported to the Commission for such action as it may deem proper.

FF. During each racing day, at least one of the stewards of the meeting shall be in the stewards' office on the grounds of the association where the race meeting is being held not later than the specified scratch time.

GG. A full board of stewards shall be in the stewards' office on the grounds of the association 2-1/2 hours before post time to exercise the authority and perform the duties imposed on them by these rules.

HH. The stewards shall make reports in writing to the Racing Commission of all infractions of these rules and of all rulings of the stewards upon matters coming before them during each day. Copies of these reports and ruling shall be mailed to each member of the Commission.

II. Stewards are empowered to grant temporary licenses to owners and trainers, subject to the licensing requirements under the regulations of this chapter dealing with owners and trainers. All licenses so granted are to be certified to the Commission for final action.

JJ. Recordings taken of any race from start to finish may be used to aid the stewards in determining any question within their jurisdiction.

KK. Every horse whose starting is obligatory is expected to run the course, except that the stewards may order the withdrawal of a horse at any time up to the actual start of a race to protect the public interest.

Md. Code Regs. 09.10.01.45

Regulation .45AA amended 7/21/76 (3:15 Md. R. 790)
Regulation .45KK adopted effective 3/30/77 (4:7 Md. R. 579) (adopted as COMAR 09.10.44.13B -1)
Regulation .45T-1 adopted effective May 19, 1986 (13:10 Md. R. 1155)
Regulation .45V amended effective February 4, 1991 (18:2 Md. R. 148); March 16, 1992 (19:5 Md. R. 575); April 10, 1995 (22:7 Md. R. 535)
Regulation .45Y amended effective August 16, 1993 (20:16 Md. R. 1277)
Regulation .45AA amended effective November 23, 1992 (19:23 Md. R. 2039); August 14, 1995 (22:16 Md. R. 1220)