(b) Any person acting as a steward at Oaklawn Park shall have the following minimum qualifications:

1. (1) Experience:

   1. (A) At least three (3) years (an average of seventy-five (75) live race dates per year) of experience as a licensed racing official, i.e., Racing Secretary, Patrol Judge, Paddock Judge, Clerk of Scales, Starter, Placing Judge, or other racing official as designated by the Arkansas Racing Commission;
   2. (B) At least five (5) years (an average of one hundred (100) starts per year) of experience in the pari-mutuel horse racing industry as a licensed trainer or jockey, with two (2) years (an average of seventy-five (75) live race dates per year) of experience as a licensed racing official;
   3. (C) At least ten (10) years of experience in the pari-mutuel horse racing industry as a licensed owner, whose experience, knowledge, ability, and integrity relative to the industry are deemed sufficient by the commission, with two (2) years (an average of seventy-five (75) live race dates per year) of experience as a licensed racing official;
   4. (D) Be presently employed as a steward for a length of time in the opinion of the commission to otherwise meet the experience requirements deemed necessary by the commission for the steward position; or
   5. (E) Such experience in the horse racing industry in a position or positions and for a length of time sufficient, in the opinion of the commission, to otherwise satisfy the experience requirements deemed necessary by the commission for the steward position;

2. (2) Requirements for attendance at accredited steward schools, seminars, and written/oral examinations.

   1. (A) Persons with five (5) years (an average of seventy-five (75) race days per year) of experience as a licensed steward need only attend a short course (of at least two (2) days or sixteen (16) hours) given by an accredited stewards’ school, and pass the standard written and oral examinations.
   2. (B) Persons with less experience than the persons included in subdivision (b)(2)(A) of this section must complete a course of at least seven (7) days or sixty (60) hours and pass the standard written and oral examination.
   3. (C)

(i) All applicants may take the written and oral examinations in sections.

1. (ii) Any person failing any section of the examination may retake said section a maximum of two (2) times without retaking the full exam; and

2. (3) Requirements for continuing education. All accredited stewards, in order to maintain their accreditation, must attend a continuing education seminar of at least two (2) days or sixteen (16) hours given by an accredited stewards’ school at least once every two (2) years.

   1. (c) In matters pertaining to racing, the orders of the stewards supersede the orders of the officers and directors of the franchise holder.

      1. (d) The stewards shall have the power and duty to regulate and govern the conduct of all racing officials and of all owners, trainers, jockeys, grooms, and other persons attendant to horses during, before, and after races, unless the power and the duty is reserved to the commission.

(e)

1. (1) The commission, its delegated agents, or stewards investigating for violations of law or the rules of the commission, and other persons authorized by the commission or stewards, shall each have the power to conduct searches of persons licensed by the commission, employees, and agents of the franchise holder and employees and agents of vendors conducting business on the grounds of the franchise holder, including, without limitation, searches of any and all such persons' personal effects and property in the person's possession or control.
2. (2) The commission shall have the power to authorize its agents to enter and search stables, rooms, vehicles, and other places both on the association grounds and at other tracks or locations where horses eligible to race at said racing meeting are kept.
3. (3) Each such licensee, employee, agent, and vendor, as a condition of licensing or in accepting employment or conducting business on the grounds of the franchise holder, shall be deemed to have granted consent to such search and to have waived and released any and all claims or possible actions for damages by virtue of any action taken under this section.

(h) All questions pertaining to which their authority extends shall be determined by a majority vote of the stewards.

1. (i) The stewards shall have the power to punish for violation of this part any person subject to their control, and in their discretion to impose fines or suspensions, or both, for infractions.

(j)

1. (1) The stewards may at any time require any licensee having direct physical contact with horses or direct responsibility for some portion of the day’s racing program, or whose duties place him or her in a position of danger, or who commits an act that endangers a horse or human to provide breath or urine samples for analysis.
2. (2) If a licensee declines to provide a sample, or if a sample shows a positive level of any nonprescription, prohibited or illegal drug, or an alcohol concentration greater than five hundredths of one percent (0.05%) and zero percent (0.00%) for jockeys, the stewards may decline to license or may suspend any license theretofore granted to, and may exclude any such person for a period not exceeding the licensing year and may fine any such person any amount up to the maximum amount permitted by Arkansas law.

(k) The stewards may suspend a person or disqualify a horse.

1. (l) The stewards shall have the power to exclude or eject from all premises and enclosures of the franchise holder any person who is disqualified for corrupt practices on the turf in any country, or so exclude or eject any other improper or objectionable persons.

   1. (m) The stewards may demand proof that a horse is not disqualified in any particular and is not entered or owned in whole or in part by a disqualified or ineligible person, or trained in whole or in part by a disqualified or ineligible person.

(u) Appointment of any deputy or deputies for a steward or stewards shall be reported immediately to the commission and its approval obtained as soon as practicable.

1. (v)
2. (1) When a vacancy occurs among the racing officials, other than the stewards, prior to post time of the first race of the day, or when a vacancy occurs after the racing of the day has started, the stewards shall immediately fill the vacancy.
3. (2) The appointment shall be effective only for the day, unless the franchise holder fails to fill the vacancy on the following days and to notify the stewards of its action not less than one (1) hour before the post time of the first race of the day.

(w) Such appointments shall be reported immediately to the commission.

1. (x) The stewards shall take notice of any questionable conduct with or without complaint thereof.

(bb) All horses in every race shall return to the finish area immediately following the race and be held until released by the stewards.

1. (cc) In case of accident or casualty to a horse before off time, the stewards may excuse said horse.

   1. (dd) The stewards must investigate promptly and render a decision in every protest and in every complaint properly made to them.

(hh) Except in emergencies, no steward shall grant permission for a change of a horse’s equipment after the close of entries for the race in which the changed equipment is to be carried.

1. (ii)

2. (1) Whenever the stewards have reasonable cause to believe that a licensee has committed an act or engaged in conduct in violation of any law or any rule of the commission, the following procedures will apply:

   1. (A) The licensee shall be immediately subject to such intermediate conditions, limitations, and restrictions as the stewards decide necessary to ensure compliance with applicable laws and rules; and
   2. (B) The licensee shall be summoned to a meeting of the stewards called for the purpose of investigating suspected or alleged violations by the licensee, at which all stewards shall be present.
3. (2) The licensee may request a continuance for good cause, but a continuance shall not stay any intermediate condition, limitation, or restriction.

(kk) Every person called to testify before the stewards at such meeting is entitled to have counsel or an observer of the person's choosing present at the meeting, however, such counsel or observer may only participate under such conditions or in such manner as the stewards direct.

1. (ll) If a licensee, after receiving notice of a stewards’ meeting, fails to appear as summoned, the licensee will be deemed to have waived any right to appear and present evidence to the stewards.

   1. (mm) No announcement of the meeting or of the alleged infraction of laws or rules shall be made until after the stewards’ meeting, when the stewards shall transmit a signed written decision to the commission and to the licensee containing the stewards’ findings and the penalty imposed.

(oo)

1. (1) The commission is not bound by the findings or penalties imposed by the stewards.
2. (2) In any appeal to the commission from a stewards’ ruling, the commission shall determine all issues de novo.

(pp)

1. (1) The stewards shall maintain a list of horses that they determine exhibit poor or inconsistent performances during a race.
2. (2) Horses placed on the list will not be allowed to enter a race until the stewards have given the owner/trainer permission to enter the horse in a race subsequent to the date the horse is placed on the list.

(qq)

1. (1) The stewards shall also place a horse on the stewards’ list when the stewards determine there are questions or issues involving the proper owner or owners of the horse.
2. (2) All issues involving the ownership of a horse must be resolved prior to entry in a race, unless otherwise approved by the stewards.