Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 5.00 - Rules Of Greyhound Racing › Section 5.13 - Judges, Their Authority and Duties

Current through Register 1525, July 5, 2024
(1) There
			 shall be three Judges, one of whom shall be designated by the Association as
			 Presiding Judge. In addition to his duties as a Judge the Presiding Judge shall
			 make out a report of any action of the Judges, when a report is required under
			 205 CMR
			 5.00 and he shall transmit said reports to the
			 Commission. All such reports submitted shall be signed by a majority of the
			 Judges.
(2) The laws of
			 Massachusetts and
			 205 CMR
			 5.00 supersede the conditions of a race and the
			 regulations of a race meeting and in matters pertaining to racing the orders of
			 the Judges supersede the orders of the officers of the Association.
(3) The Judges shall have the power to
			 interpret
			 205 CMR
			 5.00 and to decide all questions not specifically
			 covered by them.
(4) Should any
			 case occur which may not be covered by
			 205 CMR
			 5.00 here outlined, it shall be determined by the
			 Judges in conformity with justice and in the best interest of racing.
(5) All questions pertaining to which their
			 authority extends shall be determined by a majority of the Judges.
(6) The Judges shall have general supervision
			 over owners, trainers, grooms and other persons attendant on greyhounds and
			 also over all the other officials and licensed personnel of the
			 meeting.
(7) The Judges shall have
			 control over and free access to all stands, weigh in grooms, enclosures and all
			 other places in use for the purpose of racing.
(8) All entries and declarations are under
			 the supervision of the Judges and they may, without notice, refuse the entries
			 of any person or the transfer of any entries.
(9) The Judges shall have the power to
			 determine all questions arising with reference to entries and racing.
(10) Persons entering grey hounds to run on
			 licensed Massachusetts tracks agree in so doing to accept the decision of the
			 Judges on any questions relating to a race or to racing.
(11) The Judges shall have the power to
			 punish for violation of
			 205 CMR
			 5.00 any person subject to their control and in their
			 discretion to impose fines or suspensions or both for infractions.
(12) The Judges may suspend for no greater
			 period than 10 days beyond the close of the meeting anyone whom they have
			 authority to supervise, or they may impose a fine not exceeding $500.00. They
			 may also suspend any person declared guilty of any corrupt or fraudulent
			 practices by greyhound racing authorities of any other State or Judges of any
			 recognized meeting. All such suspension and fines must be reported to the
			 Commission. If the punishment so imposed is not in the opinion of the Judges
			 sufficient, they shall so report to the Commission.
(13) The Judges may suspend a person or
			 disqualify a greyhound.
(14) The
			 Judges shall have the power to order the exclusion or ejection from all
			 premises and enclosures of the Association any person who is disqualified for
			 corrupt practices on a racing course in any country.
(15) The Judges shall have the power to call
			 for proof that a greyhound is neither itself disqualified in any respect, nor
			 no mination by, nor the property, wholly or in part, of a disqualified person,
			 and in default of such proof being given to their satisfaction, they may
			 declare the greyhound disqualified.
(16) The Judges shall have the power at any
			 time to order an examination by such person or persons as they think fit or any
			 greyhound entered for a race or which has run in a race.
(17) The Judges shall take notice of any
			 questionable conduct with or without complaint thereof.
(18) The Judges shall investigate promptly
			 and render a decision on every objection and on every complaint made to
			 them.
(19) The Judges shall report
			 all objections and complaints to the Commission as soon as received by them and
			 shall make prompt report of their investigation and decision to said
			 Commission.
(20) Complaints against
			 an official or officials shall be made to the Judges in writing signed by the
			 complainants. All such complaints shall be reported to the Commission together
			 with the action taken on them by the Judges. If the complaint involves the
			 Judges then it shall be made directly to the Commission.
(21) The Judges shall order the exclusion
			 from all places under their control persons who are warned or ruled off. They
			 may also order the exclusion of any person declared guilty of any corrupt or
			 fraudulent practices by greyhound racing authorities of any other state, or by
			 the Judges of any recognized meeting. The names of all persons ordered excluded
			 shall be promptly reported to the Commission.
(22) The Judges shall take notice of corrupt
			 racing and other questionable transactions on the track. Complaint thereof may
			 be made by any person, but in the failure of the complainant, if he be an
			 owner, trainer, or authorized agent, to substantiate the charge, he may be
			 liable for a fine, suspension or both.
(23) During each racing day a majority of the
			 Judges of the meeting shall be at the office building on the grounds of the
			 Association where the racing meeting is being held not later than one hour
			 before weighing-in time and the remaining Judge shall be present at the track
			 not later than weighing-in time, to exercise the authority and perform the
			 duties imposed on the Judges by the rules of racing.
(24) If only one Judge is present in the
			 stand the Association shall name one or more persons to serve with him. If none
			 of the Judges is present the Association shall name at least two persons to
			 serve during the absence of the Judges, immediately filing a written report of
			 the absence with the Commission.
(25) When a vacancy occurs among the racing
			 officials, other than the Judges, prior to post time of the first race of the
			 day, or when a vacancy occurs after the racing of the day has started, the
			 Judges shall immediately fill the vacancy. The appointment shall be effective
			 only for the day unless the Association fails to fill the vacancy on the
			 following day and have notified the Judges of its action not less than one hour
			 before post time of the first race of the day. The Judges shall report such
			 appointment immediately to the Commission.
(26) A greyhound, after leaving the paddock
			 for the post, may be excused by the Judges, but only in case where they
			 consider such greyhound crippled, disabled or unfit to run and all money
			 wagered on such greyhound shall be refunded.
(a) After a greyhound has been placed in the
			 starting box, no refund shall be made and all wagers stand. In case of a
			 mechanical failure to the starting box and a greyhound or greyhounds are
			 prevented from starting, a full and complete refund shall be made on said
			 greyhound or greyhounds.
(b) The
			 decision of the Starter as to whether said greyhound or greyhounds was
			 prevented from starting by a mechanical failure shall be final and such
			 decision shall be immediately reported to the Judges.