205 Mass. Reg. 5.13

Current through Register 1523, June 7, 2024
Section 5.13 - Judges, Their Authority and Duties
(1) There shall be three Judges, one of whom shall be designated by the Association as Presiding Judge. In addition to his duties as a Judge the Presiding Judge shall make out a report of any action of the Judges, when a report is required under 205 CMR 5.00 and he shall transmit said reports to the Commission. All such reports submitted shall be signed by a majority of the Judges.
(2) The laws of Massachusetts and 205 CMR 5.00 supersede the conditions of a race and the regulations of a race meeting and in matters pertaining to racing the orders of the Judges supersede the orders of the officers of the Association.
(3) The Judges shall have the power to interpret 205 CMR 5.00 and to decide all questions not specifically covered by them.
(4) Should any case occur which may not be covered by 205 CMR 5.00 here outlined, it shall be determined by the Judges in conformity with justice and in the best interest of racing.
(5) All questions pertaining to which their authority extends shall be determined by a majority of the Judges.
(6) The Judges shall have general supervision over owners, trainers, grooms and other persons attendant on greyhounds and also over all the other officials and licensed personnel of the meeting.
(7) The Judges shall have control over and free access to all stands, weigh in grooms, enclosures and all other places in use for the purpose of racing.
(8) All entries and declarations are under the supervision of the Judges and they may, without notice, refuse the entries of any person or the transfer of any entries.
(9) The Judges shall have the power to determine all questions arising with reference to entries and racing.
(10) Persons entering grey hounds to run on licensed Massachusetts tracks agree in so doing to accept the decision of the Judges on any questions relating to a race or to racing.
(11) The Judges shall have the power to punish for violation of 205 CMR 5.00 any person subject to their control and in their discretion to impose fines or suspensions or both for infractions.
(12) The Judges may suspend for no greater period than 10 days beyond the close of the meeting anyone whom they have authority to supervise, or they may impose a fine not exceeding $500.00. They may also suspend any person declared guilty of any corrupt or fraudulent practices by greyhound racing authorities of any other State or Judges of any recognized meeting. All such suspension and fines must be reported to the Commission. If the punishment so imposed is not in the opinion of the Judges sufficient, they shall so report to the Commission.
(13) The Judges may suspend a person or disqualify a greyhound.
(14) The Judges shall have the power to order the exclusion or ejection from all premises and enclosures of the Association any person who is disqualified for corrupt practices on a racing course in any country.
(15) The Judges shall have the power to call for proof that a greyhound is neither itself disqualified in any respect, nor no mination by, nor the property, wholly or in part, of a disqualified person, and in default of such proof being given to their satisfaction, they may declare the greyhound disqualified.
(16) The Judges shall have the power at any time to order an examination by such person or persons as they think fit or any greyhound entered for a race or which has run in a race.
(17) The Judges shall take notice of any questionable conduct with or without complaint thereof.
(18) The Judges shall investigate promptly and render a decision on every objection and on every complaint made to them.
(19) The Judges shall report all objections and complaints to the Commission as soon as received by them and shall make prompt report of their investigation and decision to said Commission.
(20) Complaints against an official or officials shall be made to the Judges in writing signed by the complainants. All such complaints shall be reported to the Commission together with the action taken on them by the Judges. If the complaint involves the Judges then it shall be made directly to the Commission.
(21) The Judges shall order the exclusion from all places under their control persons who are warned or ruled off. They may also order the exclusion of any person declared guilty of any corrupt or fraudulent practices by greyhound racing authorities of any other state, or by the Judges of any recognized meeting. The names of all persons ordered excluded shall be promptly reported to the Commission.
(22) The Judges shall take notice of corrupt racing and other questionable transactions on the track. Complaint thereof may be made by any person, but in the failure of the complainant, if he be an owner, trainer, or authorized agent, to substantiate the charge, he may be liable for a fine, suspension or both.
(23) During each racing day a majority of the Judges of the meeting shall be at the office building on the grounds of the Association where the racing meeting is being held not later than one hour before weighing-in time and the remaining Judge shall be present at the track not later than weighing-in time, to exercise the authority and perform the duties imposed on the Judges by the rules of racing.
(24) If only one Judge is present in the stand the Association shall name one or more persons to serve with him. If none of the Judges is present the Association shall name at least two persons to serve during the absence of the Judges, immediately filing a written report of the absence with the Commission.
(25) When a vacancy occurs among the racing officials, other than the Judges, 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 Judges 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 have notified the Judges of its action not less than one hour before post time of the first race of the day. The Judges shall report such appointment immediately to the Commission.
(26) A greyhound, after leaving the paddock for the post, may be excused by the Judges, but only in case where they consider such greyhound crippled, disabled or unfit to run and all money wagered on such greyhound shall be refunded.
(a) After a greyhound has been placed in the starting box, no refund shall be made and all wagers stand. In case of a mechanical failure to the starting box and a greyhound or greyhounds are prevented from starting, a full and complete refund shall be made on said greyhound or greyhounds.
(b) The decision of the Starter as to whether said greyhound or greyhounds was prevented from starting by a mechanical failure shall be final and such decision shall be immediately reported to the Judges.
(27) The Judges shall decide which greyhound wins and assign the respective places to as many greyhounds as they think proper. Indeter mining the places of the greyhounds at the finish of the race, the Judges shall consider only the relative position of the respective muzzles of such greyhounds.

In the event that a greyhound loses its muzzle or finishes with a hanging muzzle, the Judges shall then consider the relative position of the nose of such greyhound and the muzzles of the other greyhounds in the race.

(28) The Judges shall promptly display the numbers of the first three greyhounds in each race in order of their finish. If the Judges differ in their placing the majority shall prevail.
(29) On all tracks a proper photo finish camera shall be installed as an aid to the Judges; however, in all cases the camera is merely an aid and the decision of the Judges shall be final. The type of equipment used is to be approved by the Commission. Each Association shall keep on file for a reasonable time after the close of the meeting each plate or film of each race for reference or reproduction upon request of the Commission.
(30) Whenever it is considered advisable to consult a picture from the photo finish camera, the Judges may post without waiting for a picture, such placements as are in their opinion unquestionable and after consulting the picture make the other placements. However, in no case shall a race be declared official until the Judges have determined the greyhounds finishing first, second and third.
(31) The Judges may place any greyhound on the schooling list at any time.
(32) The Judges shall each day make report in writing to the Commission of all infractions of 205 CMR 5.00 and of all rulings of the Judges upon matters coming before them during the meeting.

205 CMR 5.13