N.D. Admin. Code 69.5-02-01-03

Current through Supplement No. 393, July, 2024
Section 69.5-02-01-03 - Duties of judges
1. The commission shall appoint or approve the appointment of judges to be called the "board of judges", who shall enforce the carrying out and observance of this regulation, and any rules or conditions established under the act.
2. In the performance of their duties, the judges shall exercise reasonable control over and have unrestricted access to all buildings, stables, rooms, and all other places within the grounds of an association.
3. The board of judges shall interpret the rules and decide all questions according to the usages of the turf and in the best interests of racing whether specifically covered by the rules or not.
4. The board of judges, subject to final confirmation by the board, shall approve or deny all applications for licenses under the rules.
5. At any meeting or hearing of the board of judges a majority of the board of judges constitutes a quorum, and a majority of the judges present determines any questions.
6. If the judges are an even number, the supervisor, or an assistant supervisor of racing, may participate and cast a deciding vote.
7. The board of judges shall supervise all declarations and scratches and at least one judge must be present at the race secretary's office at the closing and during the drawing of declarations.
8. The judges' may conduct an investigation into any matter within the judges' jurisdiction and may demand a statutory declaration or other form of proof from any person under the judges' jurisdiction and having knowledge of the matter under investigation, and at any time order a veterinarian's examination of any horse.
9. The board of judges may refuse the declaration of a horse for any reasons they consider proper, and a horse so refused:
a. Must be posted on the judge's list; and
b. May subsequently be reinstated by removal from that list by the judges.
10. The board of judges may place a horse in the temporary charge of a trainer they select.
11. The board of judges may excuse a horse from starting for any reason they consider proper whether before or after it has been accepted by the paddock judge.
12. The association, with the approval of the board of judges, may fill any casual or emergency vacancy of an official position subject to subsequent approval of the commission.
13. Except where the circumstances require the board of judges to render an immediate decision without a hearing under the rules or in the best interests of racing, the judges shall, whenever they suspect that there has been a violation of this article, or any rules or directives of the commission, or of any proper order or direction of a judge or judges.

N.D. Admin Code 69.5-02-01-03

Effective July 1, 1989.

General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10

Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10