Title 9 Part 4022

The stewards of The Jockey Club have charge of the registry office and the registration or custody, as the case may be, of stable names, colors, designations of authorized agents and subagents, partnerships, leases, contingencies, jockey contracts and apprentice agreements.

Whenever the word steward or stewards is used, it means steward or stewards of the meeting, or their duly appointed deputy or deputies.

There shall be three stewards to supervise each race meeting. One or such stewards shall be the official steward of the commission, one shall be appointed by The Jockey Club or by the National Steeplechase and Hunt Association, as may be appropriate, and one shall be appointed by the corporation or association conducting such race meeting. Such stewards shall exercise such powers and perform such duties at each race meeting as may be prescribed by this Article.

The Jockey Club may designate one of its members to visit each race meeting in an honorary capacity in association with the stewards.

Substitute stewards.

During the absence or inability to act of an official steward of the commission or in the event of the failure or inability to appoint either of the other two stewards, the powers and duties of such steward shall be exercised and performed by a person designated by the commission for that purpose, as set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 218.

In case of emergency, the stewards may, during a meeting, appoint a substitute to fill any of the offices during that meeting only.

Every complaint against an official shall be made to the stewards in writing signed by the complainant.

The stewards have power, as they think proper, to make and, if necessary, to vary all arrangements for the conduct of the meeting, as well as power to put off any race from day to day until a Sunday intervenes.

The stewards have control over, and they and the stewards of The Jockey Club and members of the commission and their duly appointed representatives have access to all stands, weighing rooms, enclosures and all other places within the grounds of the association.

The stewards have supervision over all entries and declarations.

The stewards have power to regulate and control the conduct of all officials and of all owners, trainers, jockeys, grooms and other persons attendant on horses.

If the steward of the commission shall find that any person has violated any of the sections of this Subchapter or has been involved in any action detrimental to the best interests of racing generally, such steward may exclude such person from the grounds, or any portion of such grounds, of the association conducting the meeting for a period not exceeding 60 days, or such steward may suspend the license of such person from participating in racing in this State, for a period not exceeding 60 days, or both such exclusion and suspension; and if such steward considers necessary any further action, such steward shall promptly refer the matter to the commission. Such steward, in the exercise of his or her power under this section, shall consult with the steward of the racing association and the steward of The Jockey Club, affording them a reasonable opportunity to make recommendations relative to the action determined by the commission's steward. Nothing in this section shall be construed to limit any racing association or track licensee's power to exclude or deny any individual from its grounds or privileges thereon.

In place of or in addition to the actions recited in section 4022.12 of this Part, the steward of the commission is hereby authorized to impose a civil penalty in an amount not to exceed $25,000 for each violation of any of the sections of this Subchapter or for any action detrimental to the best interests of racing generally; and each day upon which such violation continues may be considered by the steward as a separate violation in assessing the amount of such civil penalty. Before imposing such civil penalty, the steward of the commission shall give the other two stewards of the meeting a reasonable opportunity to submit recommendations relative to such penalty.

Any person so penalized shall have the right to appeal to the commission by filing with the commission within 30 days after the imposition of such civil penalty, a written notice of such appeal; and the commission in determining the appeal may increase or decrease the amount of such civil penalty, or it may suspend or revoke or otherwise act with respect to the license or the licensing of the appellant; and the determination of the commission on such appeal shall be final.

Whenever under this Subchapter a matter has been referred to the commission, the commission shall take such action as the commission shall deem proper and appropriate under the law.

The stewards have power to determine all questions arising in reference to racing at the meeting, subject to appeal to the commission. Should no decision have been arrived at by the stewards within seven days of an objection being lodged, the clerk of the course shall then report the case to the commission, which may, at its discretion, decide the matter, and which, if it considers there has been negligence, may order any additional expense arising therefrom to be defrayed out of the funds of the meeting at which the case occurred.

No horse that is disqualified or ineligible, as provided in this Subchapter, or nominated by, or the property, wholly or in part, of a person who is unlicensed, disqualified or ineligible, as provided in this Subchapter, may be entered or started in a race.

The stewards have power at any time to order an examination, by such person or persons as they think fit, of any horse entered for a race or that has run in a race.

Motion pictures shall be taken of every race from start to finish and may be used to aid the stewards in determining any question within their jurisdiction.

The stewards shall not entertain any disputes relating to bets.

If any case occurs that is not, or that is alleged not to be, provided for by this Article, such case shall be determined by the stewards in such manner as they think just and conformable to the usages of the turf; and the stewards may impose such punishment and take such other action in the matter as they may deem to be within the intent of this Article, including reference to the commission.

The punitive powers of the stewards provided for in any section of this Article are limited to the powers provided for in sections 4022.12 through 4022.15 of this Part.

Whenever a matter has been referred to the commission by the stewards that involves an alleged violation by any person of any law or of any section of this Subchapter, or whenever the commission, on the commission’s own initiative, shall determine to take cognizance of any such alleged violation or any other matter within the jurisdiction of this commission.