Section 69.5-02-01-13 - Postponement and cancellation1. An association or board of judges, after consultation with the horsemen's representatives, may for just cause postpone or cancel races. 2. In stakes that have not been started before being canceled, all nomination and sustaining fees must be divided equally among the owners of horses remaining eligible at the time of cancellation.3. In stakes that have been started but remain unfinished before being canceled, the allotted shares of the remaining nomination, sustaining, and starting fees must be distributed equally to the owners of all horses remaining eligible at the time of cancellation.4. Unless otherwise provided in the conditions, stakes may only be transferred to another meeting with the unanimous consent from an association and all owners having eligible horses in the event.5. Overnight events that are not raced within two days of being postponed must be canceled.6. If track conditions are questionable, the board of judges shall meet with a representative of the association and the duly elected representatives of the horsemen to consider the matter and the following shall apply:a. If the meeting results in a unanimous decision that track conditions are safe for racing, no withdrawals will be allowed.b. If the meeting results in a decision other than a unanimous decision that track conditions are safe for racing, an owner or trainer may scratch a horse after depositing an amount equal to ten percent of the total purse to be raced for with the board of judges.c. The board of judges shall direct that money deposited under subsection b must be retained by the board or returned to the owner or trainer.d. If the number of withdrawals reduces the field to less than five, the association may postpone a stake or cancel an overnight event. 7. If the board of judges is unable to judge the running or finish of a race because of insufficient lighting, adverse weather conditions, or any other circumstances, they may declare the race "no contest".8. If a decision is made by the board of judges that races are postponed or canceled, an appropriate announcement must be made by the board of judges to the horsemen as soon as that decision is made. N.D. Admin Code 69.5-02-01-13
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10