3 Del. Admin. Code § 1001-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1001-4.0 - Racing Officials

4.1 Racing Officials

4.1.1 The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians, and such other employees as it deems necessary, consistent with the purposes of this chapter. The Commission, for the purpose of maintaining the integrity and honesty in racing, shall prescribe by administrative regulation the powers and duties of the persons employed under this section and qualifications necessary to perform those duties.

4.1.2 Persons appointed by the Licensee to serve as Racing Officials during a race meeting must first be approved by the Commission, shall serve only so long as approved by the Commission, and shall be under the supervision of the Stewards. For purposes of these Rules, Racing Officials shall include those persons serving as Steward, Racing Secretary, Assistant Racing Secretary, Clerk of the Scales, Paddock Judge, Starter, Patrol Judge, Placing Judge, Timer, and Identifier.

4.1.2.1 No person while serving as a Racing Official shall, directly or indirectly, own a beneficial interest in a Thoroughbred, or Jockey contract, or Licensee under his supervision; nor shall he cause to be sold, for himself or another, any Thoroughbred under his supervision; nor shall he wager on any race under his supervision; nor shall he write or solicit horse insurance or have any monetary interest in any business which seeks the patronage of horsemen or racing associates as such. For the purposes of the above, the following employees shall also be deemed Racing Officials: Assistant Starter, Jockey Room Custodian, Jockey Room Employees, Valets, Outriders.

4.1.2.2 No person shall be appointed to or hold any such office or position who holds any official relation to any person, association, or corporation engaged in or conducting thoroughbred racing within this state. No Commissioner, racing official, steward, or judge whose duty it is to insure that the rules and regulations of the Commission are complied with shall bet on the outcome of any race regulated by the Commission. All persons appointed under 3 Del.C. § 10107 (a-c) shall serve at the pleasure of the Commission and are to be paid a reasonable compensation.

4.1.3 Racing Officials serving in the capacity of Stewards, Placing and/or Patrol Judges, Clerk of Scales, Starter and Horse Identifier shall have good vision and an ability to distinguish colors correctly.

4.1.4 Any Racing Official who desires to leave his employment during the race meeting must first obtain permission from the Commission; in the event a vacancy occurs among Racing Officials other than Stewards, the Licensee shall promptly appoint a successor, subject to approval of the Commission; in the event the Licensee does not appoint a successor in time to permit the orderly conduct of racing, then the Stewards shall immediately appoint a temporary successor.

4.2 Racing Secretary

4.2.1 The Racing Secretary shall be responsible for the programming of races during the race meeting, compiling and publishing condition books, assigning weights for handicap races, and shall receive all entries, subscriptions, declarations, and scratches. Among the duties for which the Racing Secretary and his staff are responsible are:

4.2.1.1 Safekeeping of registration certificates and racing permits for horses, recording information required thereon, and returning the same to Owners at the conclusion of the race meeting;

4.2.1.2 Maintaining a record of all stakes fees received, and all arrears, Jockeys' fees, purchase money in claiming races, and all other monies received incident to the race meeting and pay over same to the persons entitled thereto within 14 days after the race meeting is concluded;

4.2.1.3 Daily posting of entries for the benefit of the public as soon as possible after the entries have been closed and declarations have been made;

4.2.1.4 To assign stall applicants such stabling as he may deem proper and to maintain a record of the arrival and departure of all horses stabled on Licensee's grounds;

4.2.1.5 To publish the official daily program, insuring the accuracy therein of the following information:

4.2.1.5.1 Sequence of races to be run and post time for the first race;

4.2.1.5.2 Purse conditions, and distance for each race, and current track record for such distances;

4.2.1.5.3 The name of registered Owners or Lessees of each horse and description of racing colors to be carried;

4.2.1.5.4 The name of the Trainer and the name of the Jockey named for each horse, together with the weight to be carried;

4.2.1.5.5 The saddle cloth number or designation for each horse and the post position for each horse if there is a variance with the saddle cloth designation;

4.2.1.5.6 Identification of each horse by name, color, sex, age, sire and dam; and

4.2.1.5.7 Such other information as may be requested from time to time by the Licensee or the Commission.

4.3 Clerk of the Scales:

4.3.1 One Racing Official shall serve as Clerk of the Scales who shall be responsible for the security, regulation and control of the Jockeys' Room, the equipment therein, and personnel permitted access thereto. Among the duties for which the Clerk of the Scales is responsible are:

4.3.1.1 Weighing out every Jockey no later than 15 minutes prior to the race the Jockey is scheduled to ride and recording all overweights which shall immediately be posted and announced to the public before each race;

4.3.1.2 Weighing in every Jockey immediately after the finish of each race and promptly notifying the Stewards whether any Jockey weighed in more than two pounds underweight;

4.3.1.3 Safekeeping of all racing colors;

4.3.1.4 Reporting all color changes or Jockey changes from those listed in the official daily program, and causing such to be posted and announced to the public before each race;

4.3.1.5 Supervision of all valets and the issuance of numbered saddle cloths and equipment for each horse;

4.3.1.6 Accuracy of the scales and periodic tests thereof;

4.3.1.7 Submitting to the Racing Secretary at the close of each racing day a statement of weight carried in each race by each Jockey, noting overweight, if any;

4.3.1.8 All complaints, protests, objections, or disputes submitted to the Clerk of the Scales will be transmitted immediately to the Stewards.

4.4 Paddock Judge:

4.4.1 One Racing Official shall serve as Paddock Judge who shall have general supervision of the paddock and be responsible for:

4.4.1.1 Assembling the horses and jockeys in the paddock no later than 15 minutes before the scheduled post time for each race;

4.4.1.2 Proper identification of all horses entered in each race. The track horse identifier shall be under the supervision of the Paddock Judge;

4.4.1.3 Maintaining a written record of all equipment and inspecting all equipment of each horse saddled and reporting any change thereof to the Stewards;

4.4.1.4 Inspection of bandages of a horse; the Paddock Judge may order such bandages removed or replaced;

4.4.1.5 Paddock schooling of all horses approved for such by the Stewards;

4.4.1.6 Taking such measures as to insure that the saddling of all horses is orderly, open to public view, free from interference, and that horses are mounted at the same time, and leave the paddock for the post in proper sequence.

4.5 Starters

4.5.1 The Starter shall be responsible for the fair and equal start of all horses in a race at the scheduled starting time by means of a starting gate and bell or other device activated by his signal. So far as practical, the Starter shall cause all horses to be loaded in order of post position, but the Starter may in his discretion load an unruly or fractious horse out of order or may start such unruly or fractious horse on the outside of the starting gate and one length behind the starting line. By permission of the Stewards, a race may be started without a starting gate. The Starter may employ such Assistant Starters as he may deem necessary.

4.5.1.1 No horse shall be permitted to start in a race unless approval is given by the Starter. The Starter may maintain a Schooling List which shall be posted in the Racing Secretary's office listing the names of all horses ineligible to start for want of adequate training leaving the gate. Horses shall be schooled under the supervision of the Starter or his assistants.

4.5.1.2 The Starter shall report to the Stewards any disobedience of his orders or attempts to take unfair advantage at the starting gate and, in addition to imposing a fine not to exceed $50.00, may also recommend additional penalties for offenders.

4.5.1.3 No Assistant Starter shall handle a horse until instructed to do so by the Starter. No Assistant Starter shall strike or use abusive language to a Jockey.

4.5.1.4 No Starter or Assistant Starter shall accept any gratuity or payment other than his regular salary, directly or indirectly, for services in starting a race, nor shall he wager on a race.

4.5.1.5 The Starter shall be able to have constant radio or telephone communication with the Stewards from the time the horses leave the paddock until the field is sent away.

4.6 Patrol Judges: The Patrol Judges, for each race, shall take their stations at a place designated by the Stewards. They are subject to the orders of the Stewards and they shall duly report to them all of the pertinent observations in each and every race and shall file reports on same in writing, if so requested by the Stewards.

4.7 Placing Judges: Placing Judges shall occupy a stand directly above the finish line during the running of each race. The Placing Judges shall take special note of racing colors and distinguishing equipment carried by each horse. The Placing Judges shall determine the order of the horses as they cross the finish line by consideration of the respective noses of such horses. The Placing Judges shall cause the numbers of the first four horses to be flashed on the Result Board. Except for a good cause, a photo-finish camera shall be used as an aid by the Placing Judges in determining the order of the horses as they cross the finish line. Placing Judges may request a photo to assist in determining margins of less than a half-length.

4.8 Timer: A Racing Official shall serve as Timer who shall occupy a stand directly above the finish line during the running of each race and record the official time thereof. The Timer shall record the fractional time of leading horses during each race and the final time of the first horse to cross the finish line. An electrical or mechanical timing device may be used as an aid by the Timer in determining the official time of each race. The Timer shall maintain a written record of fractional and finish times of each race and file such with the Racing Secretary at the close of each racing day.

4.9 Investigator: The Commission may appoint a racing inspector or investigator for each thoroughbred racing meet. Such racing inspector shall perform all duties prescribed by the Commission consistent with the purposes of Title 3, Chapter 101. Such racing inspector shall have full and free access to the books, records, and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any thoroughbred racing meeting to which he shall be assigned for the purposes of ascertaining whether the holder of such permit is operating in compliance with the Commission's rules and regulations. The racing inspector shall investigate whether such rules and regulations promulgated by the Commission are being violated at such Thoroughbred racetrack or enclosure by any licensee, patron, or other person. Upon discovering any such violations, the racing inspector shall immediately report his or her findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The racing inspector shall devote his full time to the duties of his office and shall not hold any other position or employment except for performance of similar duties for the Harness Racing Commission.

4.10 Administrator of Racing: The Commission may employ an Administrator of Racing who shall perform all duties prescribed by the Commission consistent with the purposes of this chapter. The Administrator of Racing shall devote his full time to the duties of the office and shall not hold any other office or employment, except that he can perform the same duties as Administrator of Racing for the Harness Racing Commission. The Administrator of Racing shall be the representative for the Commission at all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents, and papers entrusted to its care. He shall be the executive officer of the Commission and shall be responsible for keeping all Commission records and carrying out the rules and orders of the Commission. The Commission may appoint the Administrator of Racing to act as a hearing officer to hear appeals from administrative decisions of the stewards.

3 Del. Admin. Code § 1001-4.0

2 DE Reg. 2041 (5/1/99)
4 DE Reg. 174 (7/1/00)