New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 4039
Executive Department
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All 16 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 4039.1 - Penalties attach until dispute decided
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
When a race is in dispute both the horse that finished first and any horse claiming the race shall be liable to all the penalties attaching to the winner of that race until the matter is decided.
9 NYCRR 4039.5 - Appeal from stewards' decision
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Every objection shall be decided by the stewards, but their decision shall be subject to appeal in writing to the commission so far as relates to points involving the interpretation of this Article or to any question other than a question of fact.
9 NYCRR 4039.6 - Notice of appeal
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Notice of appeal must be given in writing to the commission within 48 hours of the decision being made.
9 NYCRR 4039.10 - Who may make objection
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Every objection must be made by the owner, trainer or jockey of some horse engaged in the race or by the officials of the course to the clerk of the scales or to one of the stewards, or an objection may be made by any one of the stewards.
9 NYCRR 4039.11 - Objections to be in writing
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
All objections except claims of interference during a race must be in writing signed by the objector.
9 NYCRR 4039.12 - Leave required to withdraw objection
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
An objection cannot be withdrawn without leave of the stewards.
9 NYCRR 4039.13 - Liability for costs of inquiry
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
All costs and expenses in relation to determining an objection or conducting an inquiry shall be paid by such person or persons and in such proportions as the stewards shall direct.
9 NYCRR 4039.14 - Deposit may be forfeited
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Before considering an objection, the stewards may require a deposit of $25, which shall be forfeited if the objection is decided to be frivolous or vexatious.
9 NYCRR 4039.15 - Disqualification of horse before race
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
If an objection to a horse engaged in a race be made not less than 15 minutes before the time set for the race, the stewards may require the qualification to be proved before the race, and in default of such proof being given to their satisfaction, they must declare the horse disqualified.
9 NYCRR 4039.16 - Objection to decision of clerk of scales
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
An objection to any decision of the clerk of the scales must be made at once.
9 NYCRR 4039.17 - Objection to distance of course
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
An objection to the distance of a course officially designated must be made not less than 15 minutes before the race.
9 NYCRR 4039.18 - Objection to matters occurring in race
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
An objection to a horse on the ground of the horse not having run the proper course or of the race having been run on a wrong course or of any other matter occurring in the race must be made before the numbers of the horses placed in the race are confirmed officially.
9 NYCRR 4039.19 - Time for making other objections
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
9 NYCRR 4039.20 - Stewards determine extent of disqualification
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
The stewards are vested with the power to determine the extent of disqualification in case of fouls. The stewards may place the offending horse behind such horses as, in the stewards’ judgment, the offending horse interfered with, or the stewards may place the offending horse last, and the stewards may disqualify the offending horse from participation in any part of the purse.
9 NYCRR 4039.21 - Recovery of money distributed
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
If, by reason of an objection to a horse, a race or place is awarded to another horse, the money for such 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.
9 NYCRR 4039.22 - Money held pending determination
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 15, 2022
Pending the determination of an objection, any prize which the horse objected to may have won or may win in the race, or any money held by the association holding the meeting, as the price of a horse claimed (if affected by the determination of the objection), shall be withheld until the objection is determined.