Current through Register Vol. 54, No.43, October 26, 2024
Section 163.281 - Objections or protests(a) A protest, except a protest involving fraud may be filed only by the owner, or his authorized agent, trainer or jockey of a horse engaged in the race over which the protest is made or by a racing official of the meeting.(b) A protest involving fraud may be made by any person.(c) A protest regarding qualifications, entries, weight or other conditions of a race shall be made in writing, signed by the complainant and be filed with the stewards at least 60 minutes before the scheduled post time of the race in question. A protest not timely made may be disallowed for that reason alone.(d) To merit considerations, a protest over the status of an alleged maiden shall be made in writing, signed by the complainant and filed with the stewards at least 2 hours before the programmed post time for the race in which the protested maiden is scheduled to run.(e) A protest against a horse engaged in a race and timely filed under subsection (c) shall receive immediate consideration. If the protest is supported by evidence tending to show a ground for disqualification, in default of proof after verbal notice of the entrant, within 30 minutes before the scheduled post time that the horse is qualified to start, the horse may be disqualified from starting.(f) To merit consideration, a protest against a horse based on a happening in a race shall be made to the stewards before the placing of the horses for that race has been officially confirmed.(g) If a jockey wishes to protest a happening in a race, he shall notify the clerk of the scales immediately upon his arrival at the scales for weighing in.(i) A person lodging a protest may be ordered by the stewards or the Commission to pay the costs incurred in determining the objection if the protest is found to be frivolous. If a protest is upheld, the stewards or the Commission may impose costs upon the respondent.(j) Pending the determination of a protest, money or prizes won by a protested horse, or other money affected by the outcome of the protest, shall be paid to and held by the racing secretary until the protest is determined.(k) The stewards are vested with power to determine the extent of disqualification in cases of fouls. They may place the offending horse behind the horses in their judgment it interfered with, or they may place it last.(l) A protest may not be withdrawn without permission of the stewards.(m) A person may not make frivolous protests.(n) The stewards shall keep a record of protests and complaints, and of action taken thereon; and shall report both daily to the Commission.(o) To merit consideration, a protest against the programmed distance of a race shall be made at least 30 minutes before post time for that race.(p) If evidence of intentional fraud is found regarding the entry or running of a horse, or a willful violation is found in the running of a race, the Commission may, on its own motion, initiate appropriate proceedings against the individuals believed to be involved. An action may not affect pari-mutuel payoffs or the official order of finish of a race.The provisions of this §163.281 amended September 2, 1977, effective 9/3/1977, 7 Pa.B. 2560. This section cited in 58 Pa. Code § 163.481 (relating to review and appeal).