Section 017-3-5 - Judges Duties1.Presiding Judge. The Presiding Judge shall be responsible for the performance of the Judge's duties and the performance of other officials under his or her supervision, including: Announcer
Associate Judges
Charter
Clerk of Course
Commission Veterinarian
Equipment Clerk
Gate Security
Horse Identifier
Marshal
Paddock Judge
Photo Finish Operator
Program Director
Race Secretary
Starter/ Patrol Judge
Timer
2. In addition, the Presiding Judge shall be responsible for: A. The maintenance of the Judges' Book, the Steward's List and the accident reports.B. The preparation, delivery and posting of all notices of penalty, rulings and decisions relative to racing.C. The procedures prescribed by these rules with respect to investigations and hearings.D. The drivers meeting prescribed by these rules.E. The listing of entries and declarations to start and the application of preferences to race.F. All announcements over the public address system pertaining to the conduct of a race, racing officials or to any matter under the jurisdiction of the Judges.G. The admittance of persons to the Judges' stand, subject to the direction of the Commission.H. The coupling of horses where it is necessary to protect the public interest.I. Will be responsible for upgrading licenses. Upgrading shall not be unreasonably withheld if the driver meets all of the criteria established in Chapter one.
If a Presiding Judge cannot perform his/her duties for any reason, an Associate Judge licensed by the Commission shall be the Presiding Judge for that session, or until the Commission can find a replacement.
3.Track ConditionsA.Horsemen's representative. It shall be the duty of the Maine Harness Horsemen's Association to notify the Presiding Judge who the member and alternate are that will represent the horsemen on matters relating to the withdrawal of horses due to bad track or weather conditions.B.Track Conditions. In case of questionable track conditions, the Presiding Judge shall call a meeting consisting of an agent of the licensed track, the representative of the horsemen, and himself. If this committee deems it safe to race, any trainer, or driver that desires not to race may be excused by the Presiding Judge.C.Mud fenders. The Presiding Judge, after consultation with the horseman's representative may require the use of mud fenders when track and weather conditions warrant.D.Effect of postponement on scheduled race. In case of unfavorable weather or other unavoidable cause, associations, with the consent of the Judges, shall postpone races in the following manner:(1)Early Closing Races, Stakes and Futurities. All shall be postponed to a definite hour the next fair-weather day and good track.(2) Any Late Closing Race or Early Closing Race that has been started and remains unfinished on the last day of the scheduled meeting, shall be declared ended and the full purse divided according to the summary. Any such race that has started but postponed by rain earlier in the meeting may be declared ended and the full purse divided according to the summary.(3) Unless otherwise provided in the conditions, in order to transfer stakes and futurities to another meeting, unanimous consent must be obtained from the affected association and from all those having eligible horses in the event.(4) At all pari-mutuel meetings overnight events may be postponed and carried over not to exceed two racing days.3-A.Presiding Judge and Associate Judges. Presiding Judges, after consultation with Associate Judges, shall have the authority to take the actions indicated below. A. Determine all questions of fact relating to racing.B. Impose penalties as prescribed by these rules.C. Decide any difference between parties to the race or any contingent matter which shall arise that is not otherwise provided for in the rules.D. Declare pools and bets "OFF" in case of fraud, malfunction of the starting gate, or other situation which is in the public interest or declare any horse a non-starter and direct the refund of all wagers made thereon from which no appeal will be allowed.E. Declare a no contest in the event there are extraordinary circumstances that cause safety issues, and inhibit the participants in a race, from competing normally.F. Declare a dash or heat of a race no contest in the event the track is thrown into darkness during the progress of a race by failure of the track lighting system.G. In determining whether to cancel a race or races, the Judges shall have due regard for the lives and safety of the drivers and the horses. Where it is impossible for the Judges to observe the finish of a race from the Judges' Stand and it is impossible to properly place the horses by the photo finish camera, the race or races shall be canceled.H. Control the conduct of the horses, licensees, and every person or machine engaged in any portion of the racing program to protect the betting public, ensure compliance with the rules, and protect the integrity of racing.I. Investigate every apparent or possible interference or rule violation and examine all parties connected with a race under oath as to any such violation of rules or complaint.J. Closely observe the performance of all horses and drivers competing at the race meeting.K. Determine the result of every race contested before them and place the horses competing therein in the order of their finish. Decisions in with 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 shall 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.L. Whenever the judges call for a photo-finish digital image to determine the order of finish, they shall cause the word "Photo" to be flashed on the infield board and to remain there until the order of finished is determined.M. Investigate any act of cruelty to a horse on the grounds of the Association whether seen by them or reported to them and fine and/or suspend any person found guilty of such cruelty.N. Investigate all accidents on the track to determine the cause thereof and promptly make a full report to the Commission and the U.S.T.A. and record same in the Judges' Book.O. Exclude from any race a horse which is improperly equipped. dangerous, unmanageable, unfit to race (which shall include sick, weak and extremely lame horses after consultation with a Department veterinarian, or horses liable to cause an accident or injury to another horse or driver in the race.P. Conduct a prompt inquiry where a violation of any rule is committed, take such action as may be appropriate and render a report to the Commission. Such inquiry must be conducted by the Presiding Judge and at least one Associate Judge and must be conducted in a manner consistent with these rules and the Maine Administrative Procedure Act.Q. Grant a hearing at a designated time before a penalty may be imposed upon any person. All three Judges should be present if possible, and at least the Presiding Judge and one Associate Judge must be present at all Judges' hearings. The Judges may impose the penalties prescribed by these rules. Failure to appear at a Judge's hearing may result in a default judgment against that person. The Judges may reschedule a hearing for good cause shown. All Judges Hearings will be conducted in a manner consistent with these rules and with the Maine Administrative Procedure Act.R. Submit in writing a complete list of all witnesses questioned by them at any hearing, which list of witnesses, along with the testimony of such witnesses, shall be forwarded to the Commission along with the reports required by these rules. The testimony of all witnesses questioned by the Judges shall be recorded by on one of the following methods; written, signed statements, tape recorders of or court reporter's transcript. At all pari-mutuel tracks Judges shall use tape recorders to record their hearings.S. No decision shall be made by the Judges in such cases until all of the witnesses called by the Judges and the person required to appear before the Judges have given their testimony. Any person charged with a rule violation shall be given at least until 12:00 noon of the following day to prepare for his or her defense, upon request.T. The Associate Judges shall assist the Presiding Judge in advancing driver's licenses to a higher category. Advancement shall not be unreasonably withheld if the driver meets all of the criteria stated in Chapter one.4. The Judges shall: A. Be in the Judges Stand at least fifteen (15) minutes before the first race and remain there until the last race has been declared official and until their duties pertaining to the races have been completed.B. Have unrestricted access to the grounds where a licensed meet is being conducted.C. Advise the Paddock Judge of the schedule of post times for the program.D. Be responsible for locking the pari-mutuel machines immediately upon the horses being given the word "go" by the starter.E. Maintain telecommunication with the Starter/Patrol Judge from the time the Starter picks up the field of horses until all horses pass the finish line. Cause a written record to be made of every "break", violation of rules or incident observed by them or reported by the Starter/Patrol Judge.F. Cause the appropriate signs to be posted on the tote board to indicate objection or inquiry in the event of a rule violation or complaint and notify the public address announcer of the horses involved and the nature of the objection, post the order of finish of the 1st first four horses as they passed under the finish wire and cause the offending horse's number to flash. When the decision is made, cause the objection or inquiry sign to be removed, correct the order of finish and cause the "Official" sign to be shown.G. Display the "Photo" sign if there is less than 1/2 length between contending horses at the finish line or if a contending horse is on a break at the finish. Examine the photo finish before rendering a decision on the placing thereof and cause copies of such digital images to be displayed for public inspection immediately after the result has been announced. In the event of an electrical or mechanical failure of the photo-finish camera, 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.
H. Sign the Judges' Book after each race verifying the correctness of the information contained therein.I. In the event of an accident, turn on the accident warning lights.J. Check the validity of all driver's licenses.5.TimesA.Time Error. In any case of alleged error in the record, announcement or publication of the time made by a horse, the time so questioned shall not be changed to favor said horse or owner, except upon the sworn statement of the Judges and Timers who officiated in the race.B.Misrepresenting Time. Any person who shall be guilty of fraudulent misrepresentation of time or the alteration of the record thereof in any public race or performance against time shall be suspended or expelled, and the time declared not a record.