W. Va. Code R. § 178-1-8

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 178-1-8 - Stewards
8.1. Appointment. There shall be three (3) stewards appointed by the Racing Commission for each race meeting. One (1) of the three (3) stewards shall be appointed by the Racing Commission to the position of chief steward. In the event that a steward is temporarily incapacitated or for some reason cannot serve, the Racing Commission or chief steward shall deputize someone experienced in thoroughbred racing to serve for him or her in his or her absence.
8.2. Accreditation and Continuing Education. The following provisions apply to the accreditation and continuing education requirements of the stewards:
8.2.a. To qualify for appointment as a steward, the appointee shall meet the experience, education and examination requirements necessary to be accredited by the Racing Officials Accreditation Program (ROAP) in association with, but not limited to, the University of Arizona and the University of Louisville, and shall be in good standing with all racing jurisdictions.
8.2.b. The stewards shall attend and participate in any continuing education courses and training related to thoroughbred racing directed by the Racing Commission.
8.3. General Authority. The following provisions pertain to the general authority of the stewards:
8.3.a. The stewards are strictly responsible to the Racing Commission for the conduct of all meetings in every detail, directly or indirectly, pertaining to the racing law and rules of the Racing Commission.
8.3.b. The stewards have general supervision and authority over all occupational permit holders or licensees and other persons attendant to horses and/or on the association grounds.
8.3.c. In their discretion and where fraud is suspected, the stewards shall have the authority to mandate the selection of another jockey to ride a thoroughbred.
8.3.d. A majority vote of the stewards shall decide any question to which the authority of the stewards extends.
8.3.e. When the stewards determine, after conferring with the association's management, representatives of the horsemen, jockeys, and the track superintendent, that races cannot be run, then the stewards shall cancel such races.
8.3.f. The stewards may demand for inspection any permit holder's papers, and documents with respect to a contract between a jockey and his or her employer or employers, and all documents of an agreement, or the credentials of an authorized agent.
8.3.g. The stewards may call on any person in whose name a horse is entered to produce proof that the horse entered is not the property, either wholly or in part, of any person who is disqualified, and to produce proof of the extent of his or her interest or property in the horse. If proof is not given to their satisfaction, the stewards may declare or eliminate the horse from the race.
8.3.h. The stewards may interpret this rule and decide all questions of racing not specifically covered by this rule.
8.4. Period of Authority. The stewards' jurisdiction to act in any matter occurring during the race meeting extends after the conclusion of the meeting.
8.5. Disciplinary action. The following provisions pertain to disciplinary action by the stewards:
8.5.a. The stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters.
8.5.b. The stewards shall have authority to issue a ruling citing any permit holder for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with this rule.
8.5.c. The stewards may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of documents or other evidence related to any investigation or hearing.
8.5.d. The stewards may at any time inspect permit documents, license documents, registration papers, and any other documents related to racing.
8.5.e. The stewards have the power to administer oaths and examine witnesses.
8.5.f. The stewards shall consult with the Racing Commission veterinarian(s) to determine the nature and seriousness of a laboratory finding or an alleged medication violation.
8.5.g. The stewards may impose one of the following penalties or any combination of two or more of the following penalties on a permit holder for a violation of these rules:
8.5.g.1. issue a reprimand;
8.5.g.2. assess a fine not to exceed $100,000.00 or an amount equal to 100% of the purse per violation;
8.5.g.3. require forfeiture or redistribution of a purse or award;
8.5.g.4. place a permit holder on probation;
8.5.g.5. suspend a permit or racing privileges for an indefinite or fixed period;
8.5.g.6. revoke a permit; or
8.5.g.7. exclude from grounds under the jurisdiction of the Racing Commission.
8.5.h. No racing official other than the stewards may impose disciplinary action against a permit holder. The starter may recommend disciplinary action to the stewards.
8.5.i. The stewards shall submit a copy of every ruling to the Racing Commission.
8.5.j. If the stewards determine that a ruling was issued in error, any disciplinary action imposed in connection with such ruling may be rescinded by the stewards.
8.5.k. A stewards' ruling shall not prevent the Racing Commission from modifying the penalty or penalties imposed.
8.5.l. The stewards may refer any matter to the Racing Commission and may include recommendations for disposition. The absence of a stewards' referral shall not preclude Racing Commission action in any matter.
8.5.m. Purses, prizes, awards, and trophies shall be redistributed if the stewards or Racing Commission order a change in the official order of finish.
8.5.n. All fines imposed by the stewards shall be paid to the Racing Commission within seven (7) calendar days after the ruling is issued, unless otherwise ordered by the stewards.
8.5.o. No person shall assume or pay, directly or indirectly, a fine imposed by the stewards or the Racing Commission upon another person.
8.5.p. The stewards have the authority to fine or suspend persons guilty of violating the written policies, rules or regulations of the association. Such written policies must be filed with the stewards and displayed in the association's racing secretary's office. Any written policies, rules or regulations of the association that conflict with this rule or the laws of this state governing racing are null and void.
8.6. Stewards' Presence. The following provisions apply to the presence of the stewards:
8.6.a. On each racing day, and those days when there is no racing but where entries are being taken for the next succeeding day of racing, one (1) or more stewards shall be on duty from the time the association's racing secretary's office opens until the entries are closed. Provided that, if the stewards depart from association grounds prior to the time that entries are closed, then at least one (1) steward shall be available by phone until close of entries.
8.6.b. Three (3) stewards shall be present in the stewards' stand during the running of each race.
8.7. Order of Finish for Pari-Mutuel Wagering. The decision of the stewards as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the running of the race, shall be final for purposes of distribution of the pari-mutuel wagering pool.
8.8. Cancel Wagering. The stewards have the authority to cancel wagering on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.
8.9. Records and Reports. The stewards shall maintain a log of the stewards' official activities. The log shall describe all questions, disputes, protests, complaints, or objections brought to the attention of the stewards on all interviews, investigations, and rulings made by the stewards. The log shall be available at all times for inspection by the Racing Commission or its designees and by anyone appealing a stewards' ruling to the Racing Commission.
8.10. Stewards' List. The following provisions apply to the stewards' list:
8.10.a. The stewards shall maintain a stewards' list which shall be posted in the office of the association's racing secretary. The stewards' list shall contain a list of the thoroughbreds which are ineligible to be entered in a race because of poor or inconsistent performance or behavior on the racetrack that endangers the health or safety of other participants in racing.
8.10.b. The stewards may place a thoroughbred on the stewards' list when there exists a question as to the exact identification or ownership or identity of the actual trainer of the thoroughbred.
8.10.c. A thoroughbred which has been placed on the stewards' list because of inconsistent performance or behavior, may be removed from the stewards' list when, in the opinion of the stewards, the thoroughbred can satisfactorily perform competitively in a race without endangering the health or safety of other participants in racing.
8.10.d. A thoroughbred which has been placed on the stewards' list because of questions as to the exact identification or ownership, or identity of the actual trainer of the thoroughbred, may be removed from the stewards' list when, in the opinion of the stewards, proof of exact identification, ownership, or identity of the actual trainer has been established.

W. Va. Code R. § 178-1-8