9 NYCRR Part 4121 - Executive Department

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Source version current through Jul 15, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4121.1 - Protests

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

A protest may be made only by an owner, manager, trainer or driver of one of the contending horses. A protest must be made any time before the winnings are paid over, and shall be reduced to writing and sworn to before a judge of the meeting. A protest shall contain at least one specific charge that, if true, would prevent the horse that is the subject of the protest from winning or competing in the race.

9 NYCRR 4121.2 - Procedure after protest

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

The judges shall investigate each protest and where appropriate shall summon the parties thereto and examine them. In the event that the parties to the horses being protested refuse to appear or be examined the horse shall be scratched or disqualified and all entrance fees forfeited.

9 NYCRR 4121.3 - Disposition of protest

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

(a)Where a protest is made prior to a race, and the judges find satisfactory evidence to warrant excluding a horse, such horse shall be scratched unless the owner thereof in good faith requests that the horse start under protest and waives any right of reimbursement against the track under section 4121.20 of this Part, in the event the commission should thereafter make a determination allowing said protest. Such request shall be granted by the judges except where permitting said horse to compete would be contrary to the public interest.

(b)Where a protest is made prior to or after the race and the horse protested has started the judges shall notify the track to withhold payment of the portion of the purse affected pending determination by the commission.

9 NYCRR 4121.4 - False protest

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

Any person found guilty of protesting a horse falsely and without cause or merely with intent to embarrass a race, shall be punished as provided by this Subchapter.

9 NYCRR 4121.5 - Appeals

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 15, 2022

(a)All decisions and rulings of the judges, or other officers of the commission may be appealed to the commission for review if the licensee files a notice of appeal with the track steward or presiding judge, upon the forms provided by the commission within 10 days after notice of such decision or ruling.

(b)The commission will notify the licensee or other persons of the time and place of the hearing at which time the commission will hear the appeal.

(c)The commission after hearing the licensee may vacate, modify or increase any penalty imposed by the judges or other officers of the commission.

(d)All penalties imposed by the judges or other officers of the commission upon any person charged shall continue in full force and effect until the determination of the commission is rendered, unless otherwise directed in writing by the commission.

(e)Nothing herein contained shall effect the distribution of the pari-mutuel pools at tracks where pari-mutuel wagering is conducted, when such distribution is made upon the official placing at conclusion of the heat or dash.

(f)In case of an appeal or protest, the purse money affected will be retained by the track subject to the direction of the commission.

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