Statutes, codes, and regulations
Delaware Administrative Code
Title 3 - AgricultureThoroughbred Racing Commission
Thoroughbred Racing Rules and Regulations
Section 1001-17.0 - Objections and Complaints

3 Del. Admin. Code § 1001-17.0

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Current through Register Vol. 28, No. 5, November 1, 2024
Section 1001-17.0 - Objections and Complaints
17.1 Persons Eligible to Lodge Objections or Complaints:
17.1.1 Objections or complaints against a horse or Jockey entered in a race shall be received only when duly lodged by the Owner or Authorized Agent of the Owner, the Trainer or the Jockey of another horse engaged in the same race which suffered or could suffer by the alleged Rule violation. An inquiry also can be made by a Racing Official.
17.2 Form for Objections and Complaints:
17.2.1 Objections as to interference or fouls occurring during the running of the race may be lodged orally with the Clerk of Scales or with the Stewards; all other objections or complaints shall be made in writing and bear the signature of the complainant. All objections or complaints must be lodged prior to the termination of Licensee's race meeting. An objection or complaint once lodged cannot be withdrawn without permission of the Stewards.
17.3 Time for Lodging Objections or Complaints:
17.3.1 Objections or complaints based on the following Rule violations must be lodged by persons aggrieved thereby within the time prescribed therefore, except that the Stewards may declare a horse ineligible or disqualified at any time:
17.3.2 At least one hour before post time if objection is based on incorrect weight allowance claimed for a horse to race;
17.3.3 Before the race has been posted as official on the infield result board if objection is based on interference by a horse, improper course run by a horse, foul riding by a Jockey or any other matter occurring during and incident to the running of the race;
17.3.4 Not later than 48 hours after the race was run if objections or complaints are based on any other Rule violation;
17.3.5 Not later than the expiration of Licensee's racing meet if the objection or complaint is based on fraudulent or willful misstatement in entry under which a horse has run.
17.4 Determination of Objections to Acts in Race:

The Stewards shall make all findings of fact as to all matters occurring during and incident to the running of a race. They shall determine all objections and inquiries based on interference by a horse, improper course run by a horse, foul riding by a Jockey, and all other matters occurring during and incident to the running of a race and shall determine the extent of disqualification, if any, of horses in a race for a foul committed during such race. Such findings of fact and determinations may be appealed to the Commission under Rule 19.3. In determining the extent of disqualification, the Stewards, in their discretion, may:

17.4.1 Disqualify and place the offending horse and any horses coupled with it as an entry behind such horses as may have suffered by reason of the foul;
17.4.2 Disqualify and declare the offending horse and any horses coupled with it as an entry, unplaced;
17.4.3 Disqualify the offending horse and any horses coupled with it as an entry from participation in all or any part of the purse;
17.4.4 Declare null and void a track record set or equaled by a disqualified horse or any horses coupled with it as an entry;
17.4.5 Affirm the Placing Judges' order of finish and suspend a Jockey if, in the Stewards' opinion, the foul riding did not affect the order of finish;
17.4.6 Disqualify the offending horse and not suspend a Jockey if, in the Stewards' opinion, the interference to another horse in a race was not the result of an intentional foul or careless riding on the part of a Jockey.

Revised: 1/6/92.

17.5 Dispute of a Race After Declared Official for Pari-Mutuel Payoff:
17.5.1 In the event the result of a race is placed in dispute by the lodging of an objection or complaint or by the discovery of an alleged Rule violation after such race has been declared official for pari-mutuel payoff, then pending final determination of such disputed race:
17.5.2 Purse money and trophy to which the horse objected to may have been entitled shall be withheld and placed in escrow by the Licensee until final adjudication of the dispute, provided, however, any portion of the purse money whose distribution would not be affected by the determination of such dispute may be distributed at the discretion of the Stewards.
17.5.3 If purse money or trophy has been awarded to an Owner prior to the lodging of an objection or discovery of an alleged Rule Violation which places the outcome of a race in dispute, such money or trophy shall be returned immediately to the Licensee on order of the Stewards. Upon final adjudication of the dispute, the person deemed to be entitled to the purse money or trophy shall be entitled to an order of recovery from any person or entity holding same.
17.5.4 The horse which crossed the finish line first and any other horse which claims to have won the race shall be liable for all penalties attaching to the winner of that race until the matter is finally adjudicated.
17.6 Determination of a Disputed Race:
17.6.1 The Stewards shall determine all objections, complaints or alleged Rule violations lodged or discovered after a race has been declared official for pari-mutuel payoff and shall issue a ruling thereon. If the Stewards find that a Rule was violated, they may penalize the persons responsible therefore, disqualify any horses in the disputed race and award the purse money and trophy in accordance with any resulting revised order of finish in such disputed race.
17.7 Revised Order of Finish After Race Declared Official for Pari-Mutuel Payoff:
17.7.1 In the event a horse is disqualified after a race has been declared official for pari-mutuel payoff and thereby causes revision of the order of finish in such races:
17.7.1.1 The pari-mutuel payoff shall in no way be affected;
17.7.1.2 The Stewards shall be responsible for causing appropriate corrections to be made in official records for the race and in racing statistics as may pertain to the respective horses, Jockeys, Trainers, Owners, Breeders, Sires, Dams and Broodmare Sires by reporting such corrections to the Racing Secretary and to the Daily Racing Form.
17.8 Complaints Against Officials:
17.8.1 All complaints or protests by any registrant or permittee based on any decision or act of a Racing Official other than the Stewards or concerning any matter occurring on Licensee's grounds which is not covered by Rules 15.4 and 15.5 shall be made in writing, shall be signed by the complainant and shall be submitted to the Stewards. All complaints or protests by any persons based on any decision or act, or conduct of the Stewards, shall be submitted to the Commission, as provided by Rule 19.0.

3 Del. Admin. Code § 1001-17.0