Ariz. Admin. Code § 19-2-121

Current through Register Vol. 30, No. 24, June 14, 2024

Section 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.

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.

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.

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.

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.

2. The racing secretary shall keep a complete record of all races.

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.

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.

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.

5. The racing secretary shall act as the official handicapper in all races.

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.

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.

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.

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.

8. The office of the racing secretary shall keep the preferred list of all horses.

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.

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.

The paddock judge shall:

1. Check all contestants for each race,

2. Keep a record of all equipment carried by all horses in each race under the paddock judge's jurisdiction,

3. Not allow a change of equipment unless the change is approved by the stewards;

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

5. Report any irregularities to the stewards.

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.

The jockey room custodian shall:

1. Maintain the jockey room in proper order as a restricted area;

2. Ensure that jockeys conduct themselves in accordance with A.R.S. Title 5, Chapter 1 and this Chapter;

3. Ensure that jockeys are on time for races;

4. Supervise the valets employed to assist the jockeys;

5. Assist the clerk of scales to ensure jockeys have proper equipment and carry the correct weight; and

6. Report immediately to the stewards any horse's colors not in the jockey room custodian's possession for the day's racing.

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.

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. 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.

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.

Ariz. Admin. Code § R19-2-121

Adopted effective August 5, 1983 (Supp. 83-4). Amended subsections (A) and (D) effective November 30, 1988 (Supp. 88-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-121 recodified from R4-27-121 (Supp. 95-1). Amended effective September 14, 1995 (Supp. 95-3). Amended effective January 12, 1996 (Supp. 96-1). Amended effective August 7, 1996 (Supp. 96-3). Spelling correction made in subsection (1) "permitee" changed to "permittee" to reflect rules on file with the Office of the Secretary of State (Supp. 98-3). Amended by final rulemaking at 11 A.A.R. 5534, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 19 A.A.R. 3412, effective November 30, 2013.