New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 4231

Executive Department

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16 sections

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Source version current through Sep 15, 2021

All 16 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4231.1 - Disputes: penalties attach until dispute decided

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Executive Department
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Sep 15, 2021

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 4231.2 - Appeals: appeal from judges decision

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Executive Department
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Sep 15, 2021

Every objection shall be decided by the judges, but their decision shall be subject to appeal in writing to the commission so far as relates to points involving the interpretation of this Part or to any question other than a question of fact.

9 NYCRR 4231.3 - Notice of appeal

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Executive Department
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Sep 15, 2021

Notice of appeal must be given in writing to the commission within 48 hours of the decision being made.

9 NYCRR 4231.4 - Objections; who may make objection

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Executive Department
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Sep 15, 2021

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 judges, or an objection may be made by any one of the judges.

9 NYCRR 4231.5 - Objections to be in writing

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Executive Department
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Sep 15, 2021

All objections except claims of interference during a race must be in writing signed by the objector.

9 NYCRR 4231.6 - Leave required to withdraw objection

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Executive Department
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Sep 15, 2021

An objection cannot be withdrawn without leave of the judges.

9 NYCRR 4231.7 - Liability for cost of inquiry

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Executive Department
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Sep 15, 2021

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 judges shall direct.

9 NYCRR 4231.8 - Deposit may be forfeited

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Executive Department
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Sep 15, 2021

Before considering an objection the judges may require a deposit of $25, which shall be forfeited if the objection is decided to be frivolous or vexatious.

9 NYCRR 4231.9 - Disqualification of horse before race

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Executive Department
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Sep 15, 2021

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 judges 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 4231.10 - Objection to decision of clerk of scales

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Executive Department
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Sep 15, 2021

An objection to the decision of the clerk of the scales must be made at once.

9 NYCRR 4231.11 - Objection to distance of course

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Executive Department
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Sep 15, 2021

An objection to the distance of a course officially designated must be made not less than 15 minutes before the race.

9 NYCRR 4231.12 - Objection to matters occurring in race

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Executive Department
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Sep 15, 2021

An objection to a horse on the ground of his 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 4231.13 - Time for making other objections

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Executive Department
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Sep 15, 2021
(a)An objection on (any of the following) grounds may be received up to 48 hours exclusive of Sunday after the last race of the last day of the meeting:
(1)of misstatement, omission or error in the entry under which a horse has run; or
(2)that the horse which ran was not the horse nor of the age which he was represented to be at the time of entry; or
(3)that he was not qualified under the conditions of the race or by reason of default;
(4)that he has run in contravention of the sections relating to partnership or registration.
(b)In any other case an objection must be made within 48 hours of the race being run, exclusive of Sunday, save in the case of any fraud or willful misstatement, when there shall be no limit to the time of objection provided the judges are satisfied that there has been no unnecessary delay on the part of the objector.

9 NYCRR 4231.14 - Judges determine extent of disqualification

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Executive Department
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Sep 15, 2021

The judges are vested with the power to determine the extent of disqualification in case of fouls. They may place the offending horse behind such horses as, in their judgment, it interfered with, or they may place it last, and they may disqualify it from participation in any part of the purse.

9 NYCRR 4231.15 - Recovery of money distributed

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Executive Department
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Sep 15, 2021

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 4231.16 - Money held pending determination

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NYCRR title agency
Executive Department
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Sep 15, 2021

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.

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