(a) Designation of officials. The officials of a harness race meeting shall include the following:

1. (1) Presiding judge, also known as the commission judge.
2. (2) Two associate judges.
3. (3) Patrol judges, not less than two.
4. (4) Paddock judge.
5. (5) Finish wire judge.
6. (6) Starter.
7. (7) Clerk of the course.
8. (8) Racing secretary.
9. (9) Timer.
10. (10) Veterinarians.
11. (11) Program director.
12. (12) Announcer.
13. (13) Charter.

(c) Approval by commission.

1. (1) At least thirty (30) days prior to the first day of a race meeting, the association shall submit in writing to the commission the names of all racing officials engaged for the meeting, and no racing official shall be qualified to act until he shall have been licensed by the commission and pay the fee, if any, required by the act. It shall be the duty of the commission to ascertain that the persons submitted are fully qualified to perform the duties required of them. In the event of incapacitation of any such approved racing official, the association may, with the approval of the commission, appoint a substitute who must, within seven (7) days of his appointment, obtain a license from the commission and pay the required fee. No race official will be considered for approval by the commission unless he has been licensed by the United States trotting association.
2. (2) All officials enumerated in rule (a) of this section shall be appointed by the association holding the meeting with such exceptions as may be hereinafter noted. All the appointments are subject to being licensed by the commission, which reserves the right to demand a change of personnel for what it deems good and sufficient reason, the successors to officials so replaced to be subject to being licensed by the commission.

(j) Presiding judge. The presiding judge shall be appointed and licensed by the commission and shall be principal representative of the commission at all harness race meetings. He shall have supervision over all race officials, licensees, and employees or appointees of the commission. He shall supervise the licensing of all those persons required to be licensed by the commission and supervise the security provisions of all associations. He shall supervise the conduct of the racing, the parimutuel operations, and the testing of horses. His authority is extended to cover all powers and duties of the commission, subject to review by the commission. He shall have the authority to conduct inquiries and in connection therewith to recommend to the commission the issuance of subpoenas to compel the attendance of witnesses and the production of all relevant and material reports, books, papers, documents, correspondence, and other evidence. He shall have the power to administer oaths and examine witnesses and shall submit a report of all proceedings thereon. He shall at all times have access to all parts of the course, plant and grounds, including the parimutuel department. The compensation of the presiding judge shall be fixed and paid by the commission. The commission, in its discretion, may appoint such assistants or deputies to the presiding judge as it may deem necessary, who shall have the same authority as the presiding judge in his absence but such assistants or deputies shall be junior in authority to the presiding judge at all times. The presiding judge shall enforce the rules and regulations of the commission and shall render daily reports of the activities and conduct of such race meetings to the commission. The presiding judge shall have supervision and ultimate authority over all other licensed race officials. He shall, in writing, notify the commission of all violations of any rules by an association, its officers or other race officials, giving detailed information thereof. A copy of such notice shall be sent by him to the United States trotting association. He shall be responsible for maintenance of the records of the meeting and he shall take charge of the declaration box. He shall establish and maintain post time. In addition, he shall supervise:

1. (1) The maintenance of the judges' books, the steward's list and the accident reports and daily reports to the commission.
2. (2) The preparation, delivery and posting of all notices, of penalties, rulings and decisions.
3. (3) The procedures prescribed by these rules with respect to investigations and hearings.
4. (4) The drivers' meetings prescribed by these rules.
5. (5) The handling of entries and declarations to start and the application of preferences to race.
6. (6) All announcements over the public address system pertaining to the race program.
7. (7) The admittance of persons to the judges' stand subject to the direction of the commission.
8. (8) The coupling of horses accepted for entry where it is necessary to protect the public interest.
9. (9) The declaration as provided for under section 12-574-B34 of these rules.

(k) Powers of judges. Presiding judge and associate judges shall have the authority to:

1. (1) In cases in which the judges determine that a serious offense may have been committed, the judges shall immediately place offending persons on suspension and make in writing a report to the commission. In cases in which the judges determine that minor violations have occurred, the judges may impose a sentence not to exceed ten (10) days and/or a fine.
2. (2) Determine all questions of fact relating to the race.
3. (3) Decide any difference between parties to the race or any contingent matter which shall arise which is not otherwise provided for in the rules.
4. (4) Declare pools and bets "off" in case of fraud, or to declare any horse a nonstarter and to direct the refund of all wagers made thereon, from which no appeal will be allowed. All pools and bets shall follow the decision of the judges. Such decisions in respect to pools and bets shall be made at the conclusion of the race upon the observations of the judges and upon such other facts as an immediate investigation will develop. A reversal or change of decision after the official placing at the conclusion of a heat or dash shall not affect the distribution of the betting pools made upon such official placing. When pools and bets are declared "off" for fraud, the guilty parties shall be penalized.
5. (5) Control the horses, drivers, trainers, grooms and assistants and punish any person engaged in any portion of the racing program who shall fail to obey their orders or the rules.
6. (6) Investigate every apparent or possible interference or rule violation and examine under oath all parties connected with a race as to any violation of rules or complaint. Any person required to appear before the judges for a hearing or examination who shall fail to appear after due notice in writing shall be penalized according to these rules.
7. (7) Consider complaints of foul from the patrol judges or drivers in the race and no others.

8. (8) Make such decision in the public interest required by extraordinary circumstances not covered by these rules.

   1. (1) Exclude from the race any horse that in their opinion is improperly equipped, dangerous, unmanageable, or unfit to race. When a driver or owner reports to the presiding judge that his horse is unfit to race, ill or otherwise physically incapable of racing, the presiding judge shall call for an examination of the horse by the association veterinarian and the association veterinarian shall examine such horse and submit an oral report of his findings to the presiding judge immediately, followed by a written report within twenty-four (24) hours to the presiding judge.
   2. (2) Investigate any apparent or possible interference or other violation of section 12-574-B40 whether or not a complaint has been made by a driver.
   3. (3) Investigate any act of cruelty, seen by them or reported to them, toward a race horse during a meeting at which they officiate. If the judges find that such an act has been committed, offenders shall be penalized according to the rules.
   4. (4) In case of an accident, the judges shall fill out a complete accident report and mail the report to the United States trotting association immediately thereafter.
   5. (5) Observe the performance of the drivers and the horses closely to ascertain if there are any violations of these rules.
   6. (6) Grant a hearing when practicable at a designated time in accordance with the commission rules concerning "Rules of Practice and Hearing Procedures" before a penalty may be imposed. All three judges should be present if possible, and at least the presiding judge and one associate judge must be present at all hearings. The judges may inflict the penalties prescribed by these rules. All penalties shall be recorded pursuant to these rules.
   7. (7) Declare a dash or heat of a race "no contest" or cancel the remainder of the program in the event of a power failure during the progress of a race.

   (l) Duties of judges. It shall be the duty of the judges to:

(m) Procedures of judges. It shall be the procedure of the judges to:

1. (1) Be in the judges' stand fifteen (15) minutes before the first race and at all times when the horses are upon the track, and remain in the judges' stand for ten (10) minutes after the last race.
2. (2) Observe the preliminary warming up of horses and scoring; noting the behavior of horses, possible lameness, irregularities in equipment, possible misconduct of drivers, unusual changes in odds and any unusual incidents pertaining to horses or drivers participating in races.
3. (3) Give appropriate notice to the drivers at least ten (10) minutes before a race. Any driver failing to obey this summons may be penalized and his horse may be ruled out of the race by the judges.
4. (4) Be responsible for locking the pari-mutuel machines immediately upon the horses reaching the official starting point. The presiding judge shall designate the post time for each race and the horses will be called at such time as to preclude excessive delay after the completion of scoring.
5. (5) Maintain communication with the patrol judges by telephonic and/or radio devices from the time the starter picks up the horses until the finish of the race. A written record is to be made of every break, violation of rules or incident reported by the patrol judges. At least one judge shall observe the drivers throughout the stretch specifically noting any change in course, interference, improper use of whips, breaks, and failure to contest the race to the finish. An electronic recording shall be made and preserved of all communications between the patrol judges and the judges' stand at all extended pari-mutuel meetings.
6. (6) Be in continuous communication with each other in cases where the commission requires one of them to ride in the starting gate behind the horses for the purpose of patrolling the race. In such case. the judge assigned to the starting gate shall maintain continuous communication with a judge assigned to the judges' stand and perform all duties described in rule (n) of this section.
7. (7) Cause to have the objection and/or inquiry sign posted on the odds board in the case of a complaint or possible rule violation, and immediately notify the announcer of the objection and of the horse or horses involved as soon as the judges have made a decision, the objection sign shall be removed, the correct placing displayed, and the "official" sign flashed. In all instances, the judges shall post the order of finish and the official sign as soon as they have made their decision.
8. (8) Display the photo sign if the order of finish among the contending horses is less than a half-length or a contending horse is on a break at the finish. The judges shall examine the photo and after a decision is made, a copy or copies shall be made, checked by the presiding judge, and posted for public inspection. In the event of failure of photo finish equipment and/or service, or if a distorted, deceptive or otherwise inadequate picture is developed, the judges shall decide the order of finish and such decision shall be final.
9. (9) Sign the judges' book after each race, verifying the correctness of the record by the clerk of the course.

(n) Duties of the patrol judges.

1. (1) The patrol judges shall observe all activity on the racetrack at all times during the racing program. There shall be not less than two patrol judges except in cases where a patrol judge is stationed in the starting gate. They shall immediately report to the presiding judge:

   1. (A) Any action on the track which could improperly affect the result of the race.
   2. (B) Every violation of the racing rules.
   3. (C) Every violation of the rules of decorum.
   4. (D) The lameness or unfitness of any horse.
   5. (E) Any lack of proper racing equipment.

2. (2) The patrol judges shall:

   1. (A) Be in constant telephonic or radio communication with the judges during the course of every race and shall immediately advise the judges of every rule violation, improper act or unusual happening which occurs at their stations.
   2. (B) Submit individual daily reports of their observations of the racing to the presiding judge.
   3. (C) When directed by the presiding judge, attend hearings or inquiries on violations and testify thereat under oath.

(o) Absence of officials.

1. (1) Deputy and temporary judges.

   1. (A) The association shall appoint two (2) deputy judges to serve in the absence of the association judges. In the event of an emergency, where a deputy judge who is called to duty is absent or cannot be present in time, the association may appoint a temporary judge from the licensed officials employed by the association. The association shall make a full written report of the absence of a judge or deputy judge to the commission immediately including therein the names of the replacements. Appointments of temporary judges and utilization of deputy judges shall be made only with the full knowledge and consent of the duly authorized representative of the commission at the track. Appointments of temporary judges are valid only for the day of their appointment. Likewise, the commission shall appoint a deputy judge to act in the absence of the commission judge. In the event the commission judge or his deputy is absent, the rules governing temporary judges appointed by the association shall govern.
   2. (B) Deputy judges may also be licensed as an official who is employed by the association but must have a license to act as a deputy judge.

2. (2) Emergency substitute.

   1. (A) When vacancies occur among the officials, other than the judges, and the association has not notified the judges prior to the time fixed for the first race of the day that it has been filled, the judges shall fill such vacancy immediately, said appointment to stand for the day only.
   2. (B) Should the vacancy occur after the racing for the day has started, the judges shall fill the vacancy at once, the appointment standing for the day only; unless the association shall fail to fill the vacancy on the following day and notify the judges of their action one hour before the time fixed for the first race.
   3. (C) Emergency substitutes shall be persons holding a license from the commission as an official.
3. (3) Notice of such appointments shall be given immediately to the United States trotting association.

(p) Starter.

1. (1) The starter must hold a starter's license for the current year issued by the United States trotting association. The starter shall be under the jurisdiction of the presiding judge at all times.
2. (2) The starter shall be in the starting gate fifteen (15) minutes before the first race. He shall have control over the horses and subject to the commission rules concerning "Rules of Practice and Hearing Procedures", have authority to penalize drivers with the approval of the presiding judge, for any violation of the rules from the formation of the parade until the word "go" is given. He shall report violations of the rules, giving detailed information. He shall notify the judges and the drivers of penalties imposed by him. The starter shall submit daily the tape from the device disclosing the speed of the gate for each race to the presiding judge. An assistant starter, approved and licensed by the commission, may be employed when an association, with the approval of the commission, deems it necessary.

(q) Duties of the clerk of the course. The clerk of the course shall:

1. (1) Maintain all official race summaries, records, suspensions and fines; shall prepare and serve all notices relating thereto and provide daily copies thereof to the commission, the association, and to the United States trotting association.
2. (2) At the request of the judges assist in drawing positions.

3. (3) Keep the judges' book and record legibly therein:

   1. (A) All horses entered and their eligibility numbers.
   2. (B) Names of owners and drivers and drivers' license numbers.
   3. (C) A record of each heat, giving the position of the horse at the finish.
   4. (D) Drawn or ruled out horses.
   5. (E) Time in minutes, seconds and fifths of seconds.
4. (4) Cheek eligibility certificates before the race, and after the race enter all information provided for thereon, including the horse's position in the race as it was charted.
5. (5) Record all protests, fines, penalties and appeals forms provided by the presiding judge, and see that the judges' book is properly signed.
6. (6) Forward the judges' book from all extended parimutuel meetings the day following each racing day.
7. (7) Notify owners and drivers of penalties assessed by the officials and post a copy of such notice in the racing secretary's office.
8. (8) Upon request, assist judges in placing horses.
9. (9) After the race, return the eligibility certificate to the race secretary or his representative.
10. (10) Check all drivers' licenses and advise program director of fines and suspensions listed thereon and whether such license is a limited one.

(s) Duties of the paddock judge. Under the direction and supervision of the presiding judge, the paddock judge shall have complete charge of all paddock activities as outlined in rule (k) of section 12-574-B23. The paddock judge shall:

1. (1) See that the horses in the race are on the track for post parades in accordance with the schedule given to him by the presiding judge.
2. (2) Inspect horses for changes in equipment, broken or faulty equipment, head numbers and saddle pads.
3. (3) Supervise paddock gate men.
4. (4) Check horses and drivers in and out of the gate.
5. (5) Direct the activities of the paddock blacksmith.
6. (6) Immediately notify the presiding judge of anything that could in any incident change, delay or otherwise affect the racing program.
7. (7) See that only properly authorized persons are permitted in the paddock.
8. (8) Supervise the identification of horses in the race.
9. (9) Notify the presiding judge of any change of racing equipment or shoes before the race.
10. (10) Inspect and supervise the maintenance of all emergency equipment kept in the paddock.
11. (11) Notify judges of the reason for any horse returning to the paddock after having entered the track for the post parade and before the start of the race.
12. (12) Notify judges of all trainers and grooms who leave the paddock in an emergency.
13. (13) Supervise and maintain cleanliness of paddock.
14. (14) Supervise the conduct of all persons in the paddock.
15. (15) The paddock judge will report any cruelty to any horse that he observes to the presiding judge.

(u) Duties of race secretary. The race secretary of each association must he licensed and approved by the commission and it shall be the duty of the race secretary to:

1. (1) Receive and keep safe the eligibility certificates of all horses competing at the racetrack or stabled on the grounds owned or cared for by the association and to return same to the owner of a horse or his representative upon their departure from the grounds.
2. (2) Be familiar with the age, class, and competitive ability of all horses racing at the track.
3. (3) Classify and reclassify horses in accordance with the rules.
4. (4) Twist horses in the classes for which they qualify and to cause such lists to be kept current and to be properly displayed in the room in which the declaration box is located for examination by horsemen and others.
5. (5) Write conditions and to schedule the daily racing programs to be presented at the racetrack and to post same not less than eighteen (18) hours before declarations close.
6. (6) Provide for the listing of horses in the daily program; to examine all entry blanks and declarations; to verify all information set forth therein; to select the horses to start and the also eligible horses from the declarations in accordance with the rules governing these functions.
7. (7) Examine nominations and declarations in early closing events, late closing, and stake events; verify the eligibility of all declarations and nominations, and to compile lists thereof for publication.
8. (8) Establish standards for horses. The standards shall be posted at a place in which declarations are made and printed on all conditions and qualifying books.

(v) Commission veterinarian.

1. (1) The commission shall appoint a duly licensed veterinarian at each association track who shall be known as the commission veterinarian. His compensation shall be fixed and paid by the commission.

2. (2) Association veterinarian. Each association shall employ a duly licensed veterinarian who shall be known as the association veterinarian. The association veterinarian shall be compensated by the association at whose track his services are rendered. It shall be the duty of the association veterinarian to:

   1. (A) Supervise the inspection and examination of every horse when first entered in a race meeting in the state, and to make a report of such examination to the presiding judge of the meeting.
   2. (B) Examine such horses as the presiding judge may request and shall report the findings of such examination to the presiding judge.
   3. (C) Reexamine and approve for release from the steward's list all horses that have been placed thereon for being lame, sick or injured, before they may be declared in to race again.
   4. (D) Observe the training and warming up of the horses stabled at a licensed race meeting and examine any horse which may appear ill or infirm, and report to the presiding judge.
   5. (E) Observe the horses in the paddock and while warming up for the racing program; investigate into and examine such horses as appear to him, or are reported to him, to be ill or infirm. He shall report his findings to the presiding judge.
   6. (F) Examine horses to be scratched from any race and certify that such horse is unfit to compete before it may be scratched. No horse, having been scratched from a race may enter a later race without the certificate of the association veterinarian that such horse has become fit to race.