W. Va. Code R. § 178-2-9

Current through Register Vol. XLI, No. 40, October 4, 2024
Section 178-2-9 - Judges
9.1. There shall be three (3) judges for each race meeting, all three (3) of which shall be employees of the Racing Commission. The Commission shall select one of the judges to serve as Presiding Judge.
9.2. In the event a judge is temporarily incapacitated or for some sufficient reason cannot serve as judge, the Racing Commission shall appoint a temporary replacement until the absent judge is able to return to duty and promptly advise the association of such temporary appointment. If, without advance notice to the Commission and the association, one or more judges fail to report for duty, the association shall name qualified persons to serve as a temporary replacement judge(s) for no longer than the day and immediately make a full written report of the absence and the names of the temporary replacement(s) to the Commission. If necessary, the Commission shall appoint a temporary replacement until the absent judge is able to return to duty.
9.3. In matters pertaining to racing, the orders of the judges supercede the order of the officers of the association.
9.4. The judges shall interpret the rules and decide all questions not specifically covered by the rules.
9.5. Should any incident occur which may not be covered by the rules of racing, it shall be determined by the judges in conformity with justice and in the best interest of racing.
9.6. All decisions and/or rulings within the judges' Authority shall be determined by a majority of the judges, and in accordance with these rules, may be subject to the review of the Commission.
9.7. The judges shall have general supervision over all occupational permit holders, other racing officials and greyhounds on association grounds.
9.8. Every person participating in and every patron of a licensed race meeting shall abide by the laws and this rule and accept the judges' decisions on any and all questions, subject to the right of appeal to the Racing Commission.
9.9. The judges shall have authority over and free access to all places in use for the purpose of racing.
9.10. All entries and withdrawals are under the supervision of the judges who may refuse the entries of any person or the transfer of any entries for violation of the rules or statutes.
9.11. The judges shall have the Authority to resolve all conflicts involving entries and racing.
9.12. Persons entering greyhounds to run at licensed association tracks in this jurisdiction agree in so doing to accept the decision of the judges on any questions relating to a race or racing.
9.13. The judges shall have the authority to sanction any person for violation of the rules or statutes, including but not limited to, suspension or revocation of an occupational permit and/or fine. No racing official other than the judges are authorized to impose disciplinary action on a permit holder.
9.14. The judges may eject or cause to have ejected any person who is currently under suspension or exclusion in any other jurisdiction.
9.15. The judges may order a physical examination by the Racing Commission Veterinarian of any greyhound entered for a race or which has run in a race.
9.16. The judges shall take appropriate action on alleged violations of this rule with or without complaint thereof.
9.17. The judges shall record all objections and complaints, which allege a violation of these rules.
9.18. All complaints must be in writing and signed by the complainant, and shall be filed with the judges. If the complaint involves the judges, it shall be filed directly with the Commission or Commission designee.
9.19. The judges shall investigate or cause to have investigated promptly all objections and/or complaints made to them and make prompt report of their investigation findings and decision and/or recommendation to the Commission.
9.20. The judges shall order the exclusion of persons ruled off from areas under their jurisdiction. They may exclude any person found guilty of any prohibited acts by greyhound racing authorities of any other jurisdictions, or by the judges of any recognized meeting. The names of all persons ordered excluded shall be promptly reported to the Commission.
9.21. At least one judge shall be present on association grounds for the weigh-in process for each performance.
9.22. The judge present at weigh-in may scratch a greyhound, and in addition, at the discretion of the judges, the kennel owner and/or trainer may be fined or suspended if:
9.22.a. The greyhound is in violation of the rules applicable to greyhound weight or weighing;
9.22.b. The greyhound is not present at the weigh-in room promptly at the appointed time; or
9.22.c. The greyhound is in violation of any rule of racing.
9.23. The Presiding Judge shall signal to close the pari-mutuel ticket issuing machines when the lure is called into motion by the Racing Commission judge.
9.24. The judges shall determine the official order of finish of the race.
9.25. The judges shall consider only the relative position of the respective muzzles of the greyhounds in determining the places of the greyhounds at the finish of the race. In the event a greyhound loses its muzzle or finishes with a hanging muzzle, the judges shall consider only the relative position of the nose of said greyhound and the muzzles of the other greyhounds in the race.
9.26. The judges shall promptly display the numbers of the first three or four greyhounds in each race in order of their finish if there is no disagreement among the judges.
9.27. Nothing in these rules shall prevent the judges from correcting an error before the display of the sign "Official" or from recalling the sign "Official" displayed through error.
9.28. The photo and video equipment shall be used as needed by the judges. However, if there is a malfunction of this equipment, the decision of the judges shall prevail.
9.29. Any greyhound may be placed on the schooling list by the judges at any time for cause.
9.30. The judges shall make periodic report in writing to the Commission of all infractions of these rules and of all rulings upon matters coming before the judges during the race meeting.
9.31. The judges may disqualify any greyhound that has been the subject of corrupt practices for no longer period than the duration of the meeting and the judges shall report the circumstances to the Racing Commission for any action it determines proper.
9.32. The judges may cancel or postpone any race that is abandoned in whole or in part.
9.33. After conferring with the association and Racing Commission Veterinarian, the judges may cancel any races determined in the interest of the safety of the public or the greyhounds.

W. Va. Code R. § 178-2-9