Sec. 09.10.01.35. Objections, When and Where Made, and Appeals

A. All objections shall be made to the stewards by the objector. Objections that are not claims of interference shall be in writing and signed by the objector.

B. Permission of the stewards is necessary before an objection can be withdrawn.

C. The person or persons lodging the objection shall pay all the costs and expenses incurred in resolving the objection in such proportions as the stewards shall decide, unless relieved from this expense by the Commission. These costs and expenses shall be paid within 7 days of the notice of them as posted by the stewards.

D. Objections to a horse engaged in a race may be made to one of the stewards by:

(1) The owner, trainer, or jockey of some other horse engaged in the same race; or

(2) The officials of the race meeting.

E. Objections to any decisions of the clerk of the scales shall be made not later than 15 minutes before the start of the race.

F. Objections based on an occurrence in a race shall be made before the numbers of the horses placed in the race have been officially confirmed.

G. If, by reason of an objection, a race or place is awarded to another horse, the money for that race shall be distributed in accordance with the final placing, and the owner of a horse to which the race or place is finally awarded can recover the money from those who wrongfully received it.

H. Pending a decision based on an objection, any prize won by the horse against which the objection is lodged or any money held by the clerk of the course as the price of a horse claimed in a race (if involved in the determination of the case), shall be held in an interest-bearing escrow account until the objection is determined.

I. Grounds for Objections.

(1) Objections shall be received by the stewards within 48 hours, exclusive of Sundays, after the close of a race meeting, based on these grounds:

(a) Misstatement, omission, or error in the entry under which a horse has run;

(b) That the horse which ran was not the horse he was represented to be at the time of entry, or that his age was erroneously given;

(c) That he was not qualified under the conditions of the race;

(d) That he was run without regard to the rules of partnership or registration.

(2) In all other cases, objections shall be received by the stewards within 48 hours, exclusive of scheduled dark days, of the incident in question.

J. Every objection shall be decided by the stewards, but their decision is subject to appeal in writing to the Commission.

K. In all cases of fraud or willful deception, the time limitations do not apply, provided the stewards are satisfied that the allegations are bona fide and are susceptible of verification.