W. Va. Code R. § 178-1-7

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 178-1-7 - General Provisions
7.1. Racing Officials. Officials of a race meeting, unless otherwise approved by the Racing Commission, are as follows: Three (3) stewards, three (3) placing judges, clerk of scales, starter, timer, paddock judge, Racing Commission veterinarian(s), association's racing secretary and assistants, horse identifier, clocker, and jockey room custodian.
7.2. Eligibility. To qualify as a racing official, the appointee shall be:
7.2.a. of good character and reputation;
7.2.b. experienced in thoroughbred racing;
7.2.c. familiar with the duties of the position and with the Commission's rules of thoroughbred racing;
7.2.d. mentally and physically able to perform the duties of the job; and
7.2.e. in good standing and not under suspension or ineligible in any racing jurisdiction.
7.3. Approval and Issuance of Permits. The following provisions apply to the approval and issuance of permits to racing officials:
7.3.a. The Racing Commission, in its sole discretion, may determine the eligibility of a racing official and, in its discretion, may approve or disapprove any racing official for an occupational permit.
7.3.b. The association may designate persons to fill the positions of racing officials and request that they be approved for the positions by the Racing Commission. No person shall be approved by the Racing Commission as a steward, placing judge, or other racing official unless he or she has taken and satisfactorily passed a yearly optical examination.
7.3.c. Unless prior written approval is obtained from the Racing Commission, no person shall be approved as a racing official of any racetrack who is an officer of that racetrack or who has any financial interest in that track, or who has any financial interest in any jockey or horses running on the track except that a racing official may have an interest in one or more horses as a breeder.
7.4. Prohibited Practices. While serving in an official capacity, racing officials and their assistants shall not:
7.4.a. participate in the sale or purchase, or ownership of any thoroughbred racing at the meeting;
7.4.b. sell or solicit horse insurance on any thoroughbred racing at the meeting;
7.4.c. be the holder of an occupational permit in any other capacity without permission of the Racing Commission, or in case of an emergency, the permission of the stewards;
7.4.d. directly or indirectly wager on the outcome of any race under the jurisdiction of the Racing Commission; or
7.4.e. consume or be under the influence of alcohol or any prohibited substances while performing official duties.
7.5. Report of Violations. Racing officials and their assistants shall report immediately to the stewards every violation of these rules and of the laws of this state governing racing.
7.6. Observations and Notifications. Any racing official shall report to the stewards as soon as possible any perceived issues with a horse based on its condition prior to the race which may significantly affect the running of the race. Upon notification to the stewards, they shall conduct an immediate investigation.
7.7. Complaints Against Racing Officials. The following provisions apply to the filing and disposition of complaints against racing officials:
7.7.a. Complaints against any steward shall be made in writing to the Racing Commission and shall be signed by the complainant.
7.7.b. Any complaint against a racing official other than a steward shall be made to the stewards in writing and shall be signed by the complainant. All such complaints shall be reported to the Racing Commission by the stewards, together with a report of the action taken or the recommendation of the stewards.
7.7.c. A racing official may be held responsible by the stewards or the Racing Commission for the actions of their assistants.
7.8. Appointment of Racing Officials. All racing officials shall be appointed by the association holding the meeting, with the exception of the Racing Commission veterinarian(s) and the stewards, who shall be appointed by the Racing Commission. All association appointments, however, are subject to the approval of the Racing Commission, which reserves the right to demand a change of personnel for what the Racing Commission, in its sole discretion, considers sufficient reason. The successor to the replaced official is also subject to the approval of the Racing Commission.
7.9. Appointment of Substitute Racing Officials. When a vacancy occurs among the racing officials other than the stewards and the Racing Commission veterinarian(s), and when the association has not or is unable to fill a vacancy before the post time of the first race of the day, or when a vacancy occurs during the running of the races, the stewards shall fill the vacancy immediately.

W. Va. Code R. § 178-1-7