PURPOSE: This rule sets forth the duties, responsibilities and powers of the commission judges.

1. (1) The judges for each racing meeting shall be responsible to the commission for the conduct of the race meeting in accordance with the laws of this state and the rules adopted by the commission. The judges shall have authority to resolve conflicts or disputes between all other racing officials or licensees and to punish violators of the rules in accordance with the provisions of the rules during or involving a race meeting.
2. (2) Should any judge be absent at race time, the other two (2) judges shall agree on the appointment of a deputy for the absent judge or if they are unable to agree on a deputy, then the racing secretary shall appoint a deputy for that race. If any deputy judge is appointed, the commission shall be notified immediately by the judges.
3. (3) Attendance. All three (3) judges shall be present on the judging stand during the running of each race.
4. (4) Period of Authority. The period of authority for the judges shall commence thirty (30) days prior to the beginning of each racing meet and shall terminate thirty (30) days after the end of each racing meet.
5. (5) Initiate Action. Judges, from their own observations, may take notice of misconduct or rule violations and institute investigations of possible rules’ violations.
6. (6) Inspection. Judges may inspect, at any time, a license document or paper related to harness racing including, but not limited to, partnership papers, driver employment contracts, the adoption of colors or stable names or any other document or paper relating to the racing meet.
7. (7) General Enforcement Provisions. Judges shall enforce these rules and the racing laws of this state and have authority to charge any licensee for a violation of these rules, to conduct hearings as prescribed by the commission’s rules and to impose fines or suspensions. The decision of the judges as to the extent of a disqualification of any horse in any race shall be final for purposes of distribution of the pari-mutuel pool.
8. (8) Imposition of Fines and Penalties. Judges may impose fines of up to two thousand five hundred dollars ($2500) for each offense or suspend occupational licenses for up to six
9. (6) months for each offense or both fine and suspend. The judges’ action shall not bar the commission from imposing a more severe penalty if so required in the determination of the commission. However, the commission shall initiate no action increasing any judges’ penalty after sixty (60) days from the date of the judges’ action. The judges, instead of taking action against a licensee, may refer any violation to the commission for hearing and decision, but the judges’ reference of any violation shall not be necessary as a condition to commission action against a licensee. In cases where fines or penalties alter the results of a race the judges may re-award purses, prizes, awards and trophies.
10. (9) Payment of Fines. All fines imposed by the judges upon a licensee shall be paid by the licensee to the commission within fortyeight (48) hours after imposition.

11. (10) Judges may hold summary hearings of violations of the following:

    1. (A) Driving;
    2. (B) The use of drugs and medication;
    3. (C) Possessing a device for the injection of prohibited substances in horses;
    4. (D) Suspensions under reciprocity agreements with other states; 12 CSR 50-20
    5. (E) Assaults and violent crimes; and
    6. (F) Prearranging the outcome of a race.

12. (11) Emergency Authority of Judges.

    1. (A) Substitute Officials. When in an emergency any official is unable to discharge his/her duties, the judges may approve the appointment of a substitute. The judges shall report the appointment immediately to the commission.
    2. (B) Substitute Drivers. The judges have the authority in an emergency to designate a substitute driver or trainer for a horse in the event the trainer does not do so. Before using the authority, the judges shall in good faith attempt to contact the trainer to inform him/her of the emergency and to afford him/her the opportunity to appoint a substitute driver. If the trainer cannot be contacted, or if the trainer is contacted and fails to appoint a substitute driver or informs the judges by thirty (30) minutes prior to post time that s/he will not appoint a substitute, the judges may appoint under this rule.
    3. (C) Substitute Trainer. The judges have the authority in an emergency to designate a substitute trainer for any horse.
    4. (D) Excuse Horse. In case of accident or injury to a horse or any other emergency deemed by the judges before the start of any race, the judges may excuse the horse from starting.
13. (12) Exercise Authority. No licensee may exercise a horse on the track between races unless upon the approval of the judges.

14. (13) Investigations and Decisions.

    1. (A) Investigations. The judges, upon direction of the commission or on their own, may conduct inquiries and may recommend to the commission the issuance of subpoenas to compel the attendance of witnesses and the production of reports, books, papers and documents for any inquiry. The presiding judge has the power to administer oaths and examine witnesses and shall submit a written report of every judges’ inquiry to the commission.
    2. (B) Cancel Trifecta (Triple). The judges have the authority to cancel trifecta (triple) wagering at any time they determine an irregular pattern of wagering or determine that the conduct of the race would not be in the interest of the regulation of the pari-mutuel wagering industry or in the public confidence in racing. The judges shall cancel trifecta (triple) wagering at any time there are fewer than eight (8) betting interests unless there is a late scratch in which there shall be a cancellation if there are fewer than seven (7) betting interests.
    3. (C) Form Reversal. The judges shall take notice of any marked reversal of form by any horse and shall conduct an inquiry of the horse’s owner, trainer or other persons connected with the horse including any person found to have contributed to the deliberate restraint or impediment of a horse in order to cause it not to win or finish as near as possible to first.

    4. (D) Fouls.

       1. 1. Extent of disqualification. Upon any

claim of fouls submitted to them, the judges shall determine the extent of any disqualification and may place any horse found to be disqualified behind others in the race.

1. 2. Coupled entry. When a horse is dis-

qualified under this subsection and where that horse was a part of a coupled entry and, where, in the opinion of the judges, the act which lead to the disqualification served to unduly benefit the other part of the coupled entry, the judges, at their discretion, may disqualify the other part of the entry.

1. (E) Protests and Complaints. The judges shall investigate promptly and render a decision in every protest and complaint. They shall keep a record of all protests and complaints and any rulings made by the judges and file the reports daily with the commission.

   1. 1. Involving fraud. Protests involving

fraud must be made to the judges and may be made by any person at any time.

1. 2. Not involving fraud. Protests not

involving fraud must be made to the judges and may be filed only by the owner of a horse or his/her authorized agent, the trainer or the driver at the time of the acts giving rise to the protest. The protest must be made before the race is declared official. If the placement of the horses at the starting gate is in error, no protest may be made unless the protest is entered prior to the time the first horse enters the gate.

1. 3. Prize money of protested horse.

During the time of determination of a protest, any money or prize won by a horse protested or otherwise affected by the outcome of the race shall be paid to and held by the horseman’s accountant until the protest is decided.

1. 4. Protest in writing. A protest, other

than one arising out of the actual running of a race, must be in writing, signed by the complainant and filed with the judges one (1) hour before post time of the race out of which the protest arises.

1. 5. Frivolous protests. No person or

licensee shall make a frivolous protest nor may any person withdraw a protest without the permission of the judges.

1. (14) Presiding Judge.

   1. (A) No person shall act as presiding judge in this state unless s/he is a member of and holds a license for the current year as a presiding judge from the United States Trotting Association.

   2. (B) The presiding judge shall have supervision over—

      1. 1. Associate judges;
      2. 2. Patrol judge;
      3. 3. Paddock judge;
      4. 4. Finish-wire judge;
      5. 5. Clerk of the course;
      6. 6. Timers;
      7. 7. Identifiers; and
      8. 8. All other association officials.
   3. (C) The presiding judge shall conform to rule 6, section 10 of the rules of the United States Trotting Association.
2. (15) Associate Judges. No person shall act as an associate in this state unless s/he is a member of and holds a license for the current year as an associate judge from the United States Trotting Association.
3. (16) The judges shall have all authority enumerated in rule 6, section 11, U.S.T.A. rule except where the authority is inconsistent with this rule.
4. (17) The judges shall have all duties enumerated in rule 6, section 12, of the U.S.T.A. rules except as the duties are inconsistent or superseded by this rule.
5. (18) The judges shall follow the procedures set out in rule 6, section 13, of the U.S.T.A. rules except as the procedures are inconsistent with or superseded by this rule.

AUTHORITY: section 313.540, RSMo 1986.* Emergency rule filed June 20, 1986, effective June 30, 1986, expired Oct. 13, 1986. Original rule filed Oct. 3, 1986, effective Jan. 12, 1987. *Original authority: 313.540, RSMo 1986.