reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1025 - Definitions; T, W

Current through Vol. 24-12, July 15, 2024
Rule 1025. As used in these rules:
(a) "Trainer" means a person licensed by the
				  executive director who shall be responsible for, and the absolute insurer of,
				  the proper care, health, training condition, safety, and protection of horses
				  in his or her charge.
(b) "Winner"
				  means a horse whose nose reaches the wire first carrying its jockey or driver,
				  a horse whose nose reaches the wire at the same instant as the nose of a horse
				  sharing first place carrying its jockey or driver, or a horse awarded first
				  place by the stewards or executive director because of the disqualification of
				  an actual first-place finisher.
(c)
				  "Wire" means a surveyed point crossing and at right angles to the race course
				  at which all races conclude.
(d)
				  "Workout" means the training of a horse on a race course during which the horse
				  may merely be exercised or may be tested for speed over a specified distance
				  and the results recorded.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1035 - Occupational licensing

Current through Vol. 24-12, July 15, 2024
Rule 1035.
(1)
				  Pari-mutuel horse racing and participation therein in this state are
				  privileges, not rights, granted only by the executive director by license
				  subject to the conditions set forth in subrule (3) of this rule.
(2) The executive director may consider the
				  following in granting, denying, suspending, or revoking, an occupational
				  license or taking disciplinary action against an occupational licensee:
(a) The person's financial history,
				  including, but not limited to, court-imposed financial judgments, failure to
				  honor financial obligations, or the issuance of bank instruments without having
				  sufficient funds on deposit.
(b)
				  The person's current financial status, including, but not limited to,
				  outstanding indebtedness to service and supply vendors in the racing
				  industry.
(c) The person's
				  experience in the racing industry in capacities related to the occupational
				  license sought.
(d) The person's
				  history of licensure in any other racing jurisdiction.
(e) The person's competence to hold the
				  occupational license sought measured by standardized written and practical
				  testing and peer review, as required by the executive director.
(f) The person's general fitness in terms of
				  mental stability, use of drugs, and record of racing violations.
(g) The person's record of criminal
				  convictions, including, but not limited to, offenses related to the integrity
				  and safety of racing and its participants.
(h) Any other information the executive
				  director considers necessary.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1047 - Certified Horsemen's Organizations (CHO)

Current through Vol. 24-12, July 15, 2024
Rule 1047.
(1) A
				  horsemen's organization must annually register in a manner and form prescribed
				  by the executive director.
(2)
				  Unless otherwise directed by the executive director, a horsemen's organization
				  must file its registration and all supporting materials no later than September
				  1 of the year preceding the calendar year in which the race meeting would be
				  conducted.
(3) The registration of
				  a horsemen's organization for a calendar year becomes effective upon the
				  approval of the executive director, not upon the filing of the
				  registration.
(4) The registration
				  for an upcoming calendar year must be approved by the executive director before
				  a CHO is entitled to receive or distribute any simulcast purse pool funds, live
				  racing funds, or funds paid into the pari-mutuel horse racing disbursement
				  account.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1052 - Authorization of workouts or qualifying races at training centers

Current through Vol. 24-12, July 15, 2024
Rule 1052.
(1)
				  Before authorizing workouts or qualifying races at a training center, a legal
				  entity must submit information in a manner and form prescribed by the executive
				  director.
(2) If workouts or
				  qualifying races are authorized by the executive director, the training center
				  agrees to the following terms and conditions:
(a) To be bound by and comply with the act,
				  these rules, executive director orders, public policy of this state, and any
				  other local, state, and federal law.
(b) To conduct timed workouts and qualifier
				  races to the same standards and requirements governing those activities in this
				  state at pari-mutuel race meetings.
(c) To not allow any wagering at the training
				  center and promptly report to the executive director or his or her authorized
				  representative any person who is found to be wagering.
(d) To maintain records regarding the
				  management and operation of the training facility and make the records
				  available to the executive director or his or her authorized representative
				  upon request.
(e) To allow
				  inspections by an authorized representative of the executive director at any
				  time.
(f) To ensure all
				  participants at the training center are licensed under the act and these
				  rules.
(g) To maintain its facility
				  by making necessary improvements, additions, or corrections to the facility,
				  fixtures, equipment, or procedures as required by the executive
				  director.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1060 - Occupational license fees

Current through Vol. 24-12, July 15, 2024
Rule 1060.
(1)
				  Occupational license fees shall be set by the executive director.
(2) A license fee receipt admits an applicant
				  to restricted areas only during the period designated by the executive director
				  on the face of the receipt.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1065 - Ownership

Current through Vol. 24-12, July 15, 2024
Rule 1065.
(1)
				  Every legal entity having an ownership interest in a horse must be licensed as
				  an owner.
(2) If a legal entity
				  with more than 4 individuals owns interest in a single horse, each individual
				  holding a 5% or greater beneficial interest must be licensed as an owner
				  Individuals owning less than 5% must be eligible for licensure as an
				  owner.
(3) A joint ownership
				  agreement or lease shall accompany the application for an owner's
				  license.
(4) The executive director
				  may deny, suspend, or revoke the license of any owner whose ownership of a
				  horse is qualified or limited in part by the rights or an interest in such
				  horse being held or controlled by any other person or persons who would be
				  ineligible for licensing under these rules.
(5) A corporate or syndicate name, if any, is
				  considered a stable name for the purpose of these rules. The executive director
				  reserves the right to refuse registration of any corporate or syndicate
				  name.
(6) The stewards may grant an
				  owner with less than a 5%ownership or beneficial interest in a horse a license
				  if the owner can establish a bona fide need for the license.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1070 - Leases; validity; terms

Current through Vol. 24-12, July 15, 2024
Rule 1070.
(1)
				  Horses may be raced under a lease if the lease agreement is submitted in a
				  manner and form prescribed by the executive director and is approved by the
				  stewards. For the purposes of racing a horse in this state, the stewards may at
				  any time suspend or revoke their approval of a lease upon a determination that
				  the lease is not in the best interest of racing.
(2) For racing purposes, a lease must not be
				  approved by the stewards unless all of the following provisions are complied
				  with:
(a) The lessee and lessor are licensed
				  as owners.
(b) Each of the
				  signatures of the lessor and lessees on the lease agreement are subscribed and
				  sworn to before a notary public.
(c) A horse is not leased more than once per
				  calendar year without approval of the stewards.
(d) Conditions of the lease specify, as to
				  parties to the lease, whether the subject horse may be entered to be claimed.
				  If the lessor agrees that the subject horse may be entered to be claimed,
				  conditions of the lease shall specify the minimum price for which the subject
				  horse can be entered and to whom the claiming price is payable.
(e) Conditions of the lease specify that upon
				  claim of the subject horse, the lease terminates and all rights in and to such
				  horse pass to the claimant as a bona fide purchaser.
(f) The lease completely divests the lessors
				  of further control or direction of the racing performance of such horse while
				  under lease, and the lease ensures that the resultant program listing of the
				  lessee will not mislead the betting public by reason of the absence in the
				  program listing of the name of a person or persons who possess a beneficial
				  interest in such leased horse.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1085 - Waiver of rules

Current through Vol. 24-12, July 15, 2024
Rule 1085. The executive director may waive these rules
					 with respect to any 1 horse owned by any legal entity to permit the horse to
					 participate in a specific race of special interest to the sport and this
					 state.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1095 - Associations; duties

Current through Vol. 24-12, July 15, 2024
Rule 1095.
(1)
				  Each association licensed by the executive director, and each licensed
				  association's officers, directors, officials, and employees, shall observe and
				  enforce the laws of this state, the rules promulgated under the act, and orders
				  of the executive director at and during race meetings conducted by the
				  association. Each association, and its officers, directors, and employees,
				  shall also honor all written orders of expulsion or ruling off issued by the
				  executive director, and pursuant thereto shall immediately eject and exclude
				  from the grounds any person whom the association, or its officers, directors,
				  or employees, knows to be under expulsion and ruled off pursuant to the written
				  order of the executive director.
(2) Each association shall provide a
				  competent and adequate security force, night and day, in and about the grounds
				  and shall police and maintain order on its grounds so as to reasonably insure
				  the safety of all persons on its grounds and protect and preserve the integrity
				  of racing and pari-mutuel wagering conducted on its grounds.
(3) Each association shall exclude all of the
				  following from its grounds:
(a) Upon written
				  notification of the executive director, all persons whom it knows have been
				  designated by written order of the recognized racing authority in another
				  recognized racing jurisdiction to be under expulsion, ruled off, or otherwise
				  excluded from grounds in such other racing jurisdiction.
(b) All persons whom it knows to be engaged
				  in activities on the grounds to avoid, or aid others in avoiding, compliance
				  with federal or state income tax laws or rules pertaining to gambling winnings
				  derived from pari-mutuel wagering.
(c) All persons whom it knows to be engaged
				  in bookmaking or other illegal wagering or gambling activities on the grounds.
(d) All persons whom it knows to
				  be engaged in touting or the illegal solicitation of bets on the
				  grounds.
(e) All persons whom it
				  knows to be engaged in activities to unlawfully influence or fix the results or
				  outcome of a race conducted on the grounds.
(f) All persons whom it knows have been
				  convicted of crimes involving fraud or deception in the conduct of racing or
				  pari-mutuel wagering.
(g) All
				  persons whose presence and conduct on the grounds reasonably threatens the
				  health and safety of other persons on the grounds or reasonably threatens or
				  undermines public confidence in the integrity of racing or pari-mutuel wagering
				  conducted on the grounds.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1101 - Admissions

Current through Vol. 24-12, July 15, 2024
Rule 1101.
(1) A
				  person required to be licensed by these rules shall not be admitted to the
				  stables or other restricted area of the grounds without a current valid license
				  or restricted area pass in his or her possession. An association may permit a
				  person to enter restricted areas for a period of not more than 10 days after
				  the filing of a license application if the applicant possesses a license fee
				  receipt.
(2) Policemen, firemen,
				  inspectors, and other public officials acting in the performance of their
				  duties; employees of utility firms; or employees of companies doing
				  construction in restricted areas are exempt from the provisions of this rule.
				  However, any exempted person shall identify himself or herself and explain the
				  purpose of his or her visit before admission.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1105 - Entering and departing restricted areas; sign in and sign out

Current through Vol. 24-12, July 15, 2024
Rule 1105. All licensed persons entering restricted areas
					 of the grounds during other than normal racing and training hours shall sign in
					 upon arrival and check out upon departure. The person's name, occupation, and
					 license plate number shall be recorded. Exempt persons, other than policemen
					 and firemen in the performance of their duties, shall sign in and out at all
					 times during a race meeting.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1110 - Logging entry and departure of horses

Current through Vol. 24-12, July 15, 2024
Rule 1110.
(1) The
				  identity of all horses entering and leaving the stable area of an association
				  conducting a race meeting shall be logged in and out at the stable area
				  gate.
(2) The log book entry shall
				  include all of the following information:
(a)
				  The date and time in or out.
(b)
				  Name of horse.
(c) Driver and all
				  occupants of the transporting vehicle.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1115 - Reporting violations

Current through Vol. 24-12, July 15, 2024
Rule 1115.
(1) If
				  a person who is licensed as a participant in racing is approached with any of
				  the following, that person shall report the offer, request, or suggestion to
				  the executive director:
(a) An offer or
				  promise of a gratuity
(b) A request
				  or suggestion of any of the following:
(i) A
				  bribe.
(ii) Any improper, corrupt,
				  or fraudulent act or practice in relation to a race or racing.
(iii) That any race be conducted other than
				  in a fair manner and pursuant to the rules.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1120 - False statements

Current through Vol. 24-12, July 15, 2024
Rule 1120. A licensed person who gives false or misleading
					 statements to the executive director or his or her authorized representative in
					 connection with any investigation pertaining to racing or any person who
					 refuses to appear or testify after proper notice shall be subject to
					 disciplinary action or criminal prosecution, or both.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1125 - Best efforts to win

Current through Vol. 24-12, July 15, 2024
Rule 1125. A licensee is expected to give his or her best
					 effort to win in all races in which he or she participates. Any instruction or
					 advice to a jockey or driver or any handling of a jockey's or driver's horse
					 other than for the purpose of winning is prohibited. If the stewards are
					 satisfied that a race was ridden or driven in a fraudulent manner or that the
					 jockey or driver was instructed or induced to ride or drive in a fraudulent
					 manner, all persons guilty of connivance in the offense shall be subject to
					 disciplinary action or criminal prosecution, or both.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1140 - Electrical devices

Current through Vol. 24-12, July 15, 2024
Rule 1140. A person who is on the grounds under the
					 jurisdiction of the executive director or on the grounds where horses which are
					 eligible to race at the licensed track are kept shall not have in his or her
					 possession, in his or her personal effects or vehicle, or in or on premises he
					 or she occupies or controls, a battery, buzzer, prod, or other appliance,
					 either electrical or mechanical, other than the ordinary whip, which is capable
					 of affecting the speed or racing condition of a horse.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1145 - Wagering by racing officials or association employees

Current through Vol. 24-12, July 15, 2024
Rule 1145. A racing official or association employee or
					 agent who has a direct connection with the running of a race shall not wager
					 money or any other thing of value on the result of a race, and shall not
					 solicit a stake or present from any person racing at the meeting. For the
					 purpose of this subrule, the following persons are also included:
(a) Assistant starters.
(b) Jockeys' or drivers' room
				  custodians.
(c) Jockeys' or
				  drivers' room employees.
(d)
				  Outriders, pony riders, and parade marshals.
(e) Paddock employees.
(f) Workout clockers.
(g) An employee of an auditing firm present
				  on behalf of this state.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1150 - Ownership prohibition

Current through Vol. 24-12, July 15, 2024
Rule 1150. A person approved by the executive director as a
					 racing official, employee of a racing official, or an association employee
					 directly connected with the running of a race or the classification of horses
					 shall not be the owner or part owner of a horse racing at the meeting and shall
					 not participate financially, directly or indirectly, in the purchase or sale of
					 a horse racing at the meeting. Association employees not directly connected
					 with the running of a race may be the owner or part owner of a horse racing at
					 the meeting with the approval of the executive director.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1155 - Bookmaking prohibited

Current through Vol. 24-12, July 15, 2024
Rule 1155. Bookmaking or betting of any kind, other than
					 through the pari-mutuel system, is prohibited. Any person licensed under this
					 act who wagers in any but the prescribed manner faces disciplinary action up to
					 and including license revocation and exclusion from all tracks under the
					 jurisdiction of the executive director.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1160 - Dissemination of information

Current through Vol. 24-12, July 15, 2024
Rule 1160. An association employee or person licensed by
					 the executive director shall not knowingly permit the dissemination of racing
					 information that might be of benefit to bookmakers or others engaged in illegal
					 betting activities. This does not prevent the prompt reporting of racing news
					 by accredited members of the press.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1165 - Financial responsibility

Current through Vol. 24-12, July 15, 2024
Rule 1165. A licensee shall not willfully and deliberately
					 fail or refuse to pay any monies due and owing for any services or supplies
					 connected with his or her operations as a licensee. Presentation of a legal
					 monetary judgment related to racing operations against a licensee may be a
					 basis for immediate suspension, license denial, or other disciplinary
					 action.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1170 - Deduction from winnings

Current through Vol. 24-12, July 15, 2024
Rule 1170. A percentage of winnings, except for jockey
					 mount fees, shall not be deducted by an association or horsemen's bookkeeper
					 unless such deduction is at the request of the person to whom such winnings are
					 payable and except that an association may withhold from winnings any arrears
					 due.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1175 - Prohibited acts; breathalyzer and drug testing

Current through Vol. 24-12, July 15, 2024
Rule 1175.
(1)
				  Smoking is prohibited in or around the barn or area where horses are
				  kept.
(2) Possession of or use of
				  controlled substances or concealed weapons in the stable area of any grounds
				  during a live race meeting is prohibited.
(3) A licensee is prohibited from possessing
				  or using alcohol while performing duties licensed under the act.
(4) A person in the stable area who smokes in
				  or around the barn or area where horses are kept, who is in possession of
				  controlled substances, alcohol, or concealed weapons, or who is under the
				  influence of intoxicating liquor or any drug is subject to disciplinary
				  action.
(5) The personal use by
				  licensees of any controlled substance or excessive amount of medicant,
				  stimulant, depressant, narcotic, or hypnotic is prohibited.
(6) Drivers, jockeys, stewards, racing
				  officials, starting gate crew, and outriders that test positive on a
				  breathalyzer test at or below .05% of alcohol in the blood may be relieved of
				  their commitments at the discretion of the stewards.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1200 - Horses ruled ineligible; forfeiture of money and prizes

Current through Vol. 24-12, July 15, 2024
Rule 1200.
(1)
				  Every horse trained or owned wholly or partly by disqualified person or a
				  person who has been expelled or ruled off is ineligible to race unless
				  authorized by the stewards.
(2) If
				  an entry is received from any disqualified person or a person who has been
				  expelled or ruled off or for any ineligible horse, that entry is void and the
				  money paid for the entry, if any, shall be refunded. Any money or prize won by
				  the entry shall be forfeited by the disqualified person or person who has been
				  expelled or ruled off.
(3) A horse
				  or stable entry that is ordered refused at any recognized meeting because of
				  inconsistent racing or other cause shall not be permitted to race at a race
				  meeting under the jurisdiction of the executive director during the continuance
				  of the ruling.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1205 - Objections, protests, and complaints

Current through Vol. 24-12, July 15, 2024
Rule 1205.
(1)
				  Objections or protests against a horse, jockey, or driver participating in a
				  race shall be received only when duly lodged by the owner, trainer, jockey,
				  driver, authorized agent, or the jockey or driver of another horse engaged in
				  the same race whose horse suffered or could suffer because of an alleged rules
				  violation. An objection or protest also may be made by a racing
				  official.
(2) Objections by a
				  jockey or driver to alleged interference or fouls occurring during the running
				  of the race shall be lodged orally with the clerk of scales or patrol judge
				  before dismounting, shall be relayed immediately to the stewards, and shall
				  then be lodged directly with the stewards.
(3) Complaints lodged during a race meeting
				  shall be addressed to the stewards. Complaints lodged after the termination of
				  a race meeting shall be addressed to the executive director.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1210 - Protests, objections, or complaints; time

Current through Vol. 24-12, July 15, 2024
Rule 1210.
(1)
				  Protests, objections, or complaints based on the following rule violations
				  shall be lodged by persons aggrieved within the times prescribed:
(a) At least 1 hour before post time if the
				  protest is based on incorrect weight allowance claimed for a horse entered to
				  race.
(b) Before the race has been
				  posted as official if the objection is based on interference by a horse,
				  improper course covered by a horse, foul riding or driving, or any other matter
				  occurring during or incidental to the running of a race.
(c) Not later than 48 hours after the race
				  was run if the complaint is based on fraudulent or willful misstatement in
				  entry under which a horse has run or any other rule violation.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1215 - Disputed races

Current through Vol. 24-12, July 15, 2024
Rule 1215. If, after a race has been declared official, the
					 result of a race is placed in dispute by the lodging of a complaint or appeal
					 or by discovery of an alleged violation of the act or rules, all of the
					 following provisions apply, pending determination of the disputed race:
(a) When, in addition to the lodging of a
				  complaint or appeal or the discovery of an alleged violation, a positive
				  laboratory test is reported, the stewards shall order that money from a
				  disputed race be held by the association. The purse money being held shall be
				  deposited in an escrow account established for that purpose. The proceeds,
				  including interest accrued, shall be withdrawn and distributed according to the
				  ruling of the stewards or by the final order of the executive director in a
				  contested case, once the period of judicial review has lapsed. However, any
				  portion of the purse money or other reward, the distribution of which would not
				  be affected by the determination of the dispute or contested case, may be
				  distributed at the discretion of the stewards or executive director.
(b) If purse monies or other rewards have
				  been awarded to a licensee before the lodging of a complaint or appeal or the
				  discovery of an alleged violation of the act or rules which places the outcome
				  of a race in dispute, the monies or reward shall be returned immediately to the
				  association on orders of the stewards.
(c) The horse that crosses the finish line
				  first and any other horse for which the race is authoritatively claimed shall
				  be liable for all penalties attaching to the winner of that race until the
				  matter is finally adjudicated.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1220 - Determination of dispute

Current through Vol. 24-12, July 15, 2024
Rule 1220.
(1) The
				  stewards shall make a determination on all protests, objections, complaints, or
				  alleged violations of the act or rules lodged or discovered after a race has
				  been declared official and shall issue a ruling thereon. If the stewards find
				  that the act or rule was violated, the stewards may take disciplinary action
				  against persons responsible, disqualify any horses in the disputed race, and
				  award the purse money and other rewards pursuant to the determined order of
				  finish in the disputed race.
(2) If
				  a horse is disqualified after a race has been declared official and the
				  disqualification causes a revision of the order of finish of a race, the
				  pari-mutuel payoff shall not be affected.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1225 - Stewards' hearings

Current through Vol. 24-12, July 15, 2024
Rule 1225.
(1) The
				  stewards' hearings may be closed, and the stewards shall cause no public
				  announcement to be made concerning a matter under investigation until
				  conclusion of the hearing.
(2) If
				  at the conclusion of a hearing the stewards find that the act or a rule has
				  been violated, they shall promptly issue a ruling which sets forth all of the
				  following information:
(a) The full name of
				  every person charged with a violation of the act or a rule.
(b) Identification of such persons, if
				  licensed by license classification.
(c) The rule number and pertinent parts of
				  the act or rule violated.
(d) The
				  finding by the stewards as to the violation of the act or rule.
(e) The statement of disciplinary
				  action.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1230 - Fines; suspensions

Current through Vol. 24-12, July 15, 2024
Rule 1230.
(1) A
				  fine imposed by the stewards or executive director is payable within 10
				  calendar days of proper notice to the licensee fined. A licensee who fails to
				  pay the fine within 10 calendar days of proper notice, if a written appeal has
				  not been filed and a stay of penalty has not been granted, shall be suspended
				  and remain suspended until the fine is paid.
(2) Unless fraud has been committed, all
				  jockeys and drivers temporarily suspended shall be permitted, for 2 days
				  following the temporary suspension, to fulfill all engagements made before the
				  suspension.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1235 - Appeals; stays

Current through Vol. 24-12, July 15, 2024
Rule 1235.
(1) A
				  person aggrieved by any ruling, action, or decision of the stewards, or by any
				  disciplinary action or administrative action taken by the stewards, may have a
				  review of the decision before the executive director.
(2) A licensee may apply to the executive
				  director for a stay of disciplinary action imposed by the stewards pending
				  disposition of the appeal by the executive director.
(3) All appeals shall be filed, in writing,
				  with the executive director within 10 days of proper notice of the penalty or
				  imposition of the discipline.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1240 - Final decisions and orders

Current through Vol. 24-12, July 15, 2024
Rule 1240. A final decision or order of the executive
					 director shall be made, within a reasonable period, in writing or stated in the
					 record, and shall include findings of fact and conclusions of law. A decision
					 or order shall not be made except upon consideration of the record as a whole
					 or the portion of the record as may be cited by any party to the proceedings
					 and as supported by and in accordance with the competent, material, and
					 substantial evidence. A copy of the decision or order shall be delivered or
					 mailed to each party and to his or her attorney of record, if
					 any.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1245 - Declaratory ruling

Current through Vol. 24-12, July 15, 2024
Rule 1245.
(1)
				  Pursuant to section 63 of the administrative procedures act of 1969, 1969 PA
				  306, MCL 24.263, any person may request a declaratory ruling as to the
				  applicability to an actual state of facts of a statute, rule, or order
				  administered by the executive director.
(2) A request for a declaratory ruling shall
				  be submitted in writing to the executive director, and shall contain all of the
				  following information:
(a) Specific reference
				  to the statute, rule, or order in question.
(b) A complete account of the facts which
				  actually exist for which the declaratory ruling is sought.
(c) Contact information and the signature of
				  the requestor.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1250 - Stewards; duties; majority vote

Current through Vol. 24-12, July 15, 2024
Rule 1250.
(1) The
				  stewards shall supervise and regulate the conduct of racing at each race
				  meeting.
(2) All questions to be
				  decided by the stewards shall be determined by majority vote. A dissenting
				  steward may submit a minority report.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1255 - Stewards; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 1255.
(1)
				  Before being appointed or approved by the executive director to serve in the
				  capacity of steward, an applicant shall be certified or become certified by a
				  national organization and have been employed as any of the following at a
				  recognized meet or meetings for a period of not less than 60 racing days a
				  year, during not less than 3 of the 5 preceding calendar years unless approved
				  by the executive director:
(a)
				  Steward.
(b) Racing
				  secretary.
(c) Assistant racing
				  secretary.
(d) Official
				  Starter.
(e) Placing
				  judge.
(f) Patrol judge.
(g) Paddock judge.
(h) Clerk of scales.
(i) Racing regulatory veterinarian.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1260 - Authority of stewards

Current through Vol. 24-12, July 15, 2024
Rule 1260. Stewards are authorized to do all of the
					 following:
(a) Make all findings of
				  fact as to all matters occurring during an incident to the running of a race;
				  determine all objections and inquiries based on the interference by a horse,
				  improper course covered by a horse, foul riding by a jockey, foul driving by a
				  driver, and all other matters occurring during an incident to the running of a
				  race; and determine the extent of disqualification, if any, of horses in a race
				  for a foul committed during the race. The findings of fact and determinations
				  are final, but subject to appeal. In the performance of their duties, stewards
				  have unrestricted access to all areas used and under the jurisdiction of other
				  racing officials and to all areas used by occupational licensees for racing
				  purposes.
(b) Determine all
				  protests, complaints, or objections concerning the conduct of racing which
				  arise during a race meeting and enforce the determinations.
(c) Fine, suspend, or rule off a participant
				  in racing, or order ejected or excluded from the grounds any person, licensed
				  or unlicensed, upon a reasonable belief that a violation of these rules has
				  occurred.
(d) Fine, suspend, or
				  rule off a participant in racing who, in their opinion, has acted to the
				  detriment of racing, and order ejected or excluded from the grounds any other
				  disorderly person.
(e) Interpret
				  and enforce the rules of racing and determine all questions pertaining to a
				  racing matter not specifically covered by these rules in conformity with
				  justice and the best interest of racing, subject to the authority and orders of
				  the executive director.
(f) Issue
				  decisions or rulings pertaining to the conduct of racing which shall supersede
				  orders of the officers, directors, and officials of an association and which
				  shall, if the stewards consider proper, vary any arrangement for the conduct of
				  a race meeting, including without limitation, postponing a race, cancelling a
				  race, or ruling a race as no contest.
(g) Request and receive assistance in the
				  investigation of possible rule infractions from all of the following:
(i) Employees of the executive
				  director.
(ii) Racing
				  officials.
(iii) Track security
				  forces.
(iv) State and local
				  police.
(v) Investigators
				  representing trade groups to which associations may belong.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1261 - Weather related race course conditions

Current through Vol. 24-12, July 15, 2024
Rule 1261.
(1)
				  When the condition of the race course is in question due to weather, the
				  stewards may consult with the association, outrider, a representative of the
				  certified horsemen's organization, a representative of the jockey/driver
				  community, or any other individuals considered appropriate by the stewards. The
				  stewards shall determine whether to cancel races for that day.
(2) Upon a decision by the stewards that race
				  course conditions are unsafe for racing, all races for that day must be
				  canceled.
(3) Upon a decision by
				  the stewards that race course conditions are safe for racing, only permitted
				  withdrawals approved by the stewards must be allowed.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1265 - Referral to executive director

Current through Vol. 24-12, July 15, 2024
Rule 1265. The stewards may refer any matter within their
					 authority to the executive director, summarily and without hearing, when, in
					 their opinion, a hearing cannot be held under the conditions or in the manner
					 prescribed in these rules, when a hearing is impractical due to the conclusion
					 of the race meeting, or for other good and sufficient cause.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1270 - Detention area

Current through Vol. 24-12, July 15, 2024
Rule 1270. An association shall provide and maintain on its
					 grounds an enclosure sufficient in size and with sufficient facilities to
					 accommodate the stabling of horses temporarily detained for the taking of
					 sample specimens.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1275 - Taking of specimens

Current through Vol. 24-12, July 15, 2024
Rule 1275.
(1) The
				  stewards or official veterinarian may, at any time, order the taking of blood,
				  urine, or other specimen from any horse under their jurisdiction, pre-race or
				  post-race. In all instances, specimens shall be taken from the official winning
				  horse in a race and any other horse or horses designated by the stewards or
				  official veterinarian.
(2) The
				  stewards or official veterinarian, at any time, may order the taking of blood,
				  urine, or other specimen from any horses entered in a qualifying race, after an
				  official workout, or from any horse that is qualified or has a current timed
				  work in the state.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1295 - Trainers; responsibilities; positive test presumptions

Current through Vol. 24-12, July 15, 2024
Rule 1295.
(1) A
				  trainer is responsible at all times for the condition of all horses trained by
				  him or her. A trainer shall not start a horse or permit a horse in his or her
				  custody, care, or control to be started if he or she knows, or, through the
				  exercise of reasonable care, might have known, or has cause to believe, that
				  the horse has received a drug that could result in a finding of a drug. Every
				  trainer shall assure that each horse trained by him or her is protected so as
				  to prevent any horse from receiving a prohibited drug.
(2) When a finding of a drug is reported, the
				  following shall be presumed concerning the horse from which the sample was
				  taken:
(a) If the horse raced, that the drug
				  was present in the horse during its race; or if the horse was scratched, that
				  the drug would have been present in the horse at the time of the race from
				  which scratched.
(b) The drug was
				  administered at such time that the pharmacological effect of the drug remained
				  present in the horse.
(c) The drug
				  was administered by a person or persons who had control, care, or custody of
				  the horse.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1303 - Veterinarian's list

Current through Vol. 24-12, July 15, 2024
Rule 1303.
(1) The
				  official veterinarian shall maintain the veterinarian's list of all horses that
				  are determined to be unfit to compete in a race due to illness, positive test
				  or overage, physical distress, unsoundness, infirmity, or any other medical
				  condition. Horses so listed are ineligible to race in any jurisdiction until
				  released by an official veterinarian or a racing regulatory
				  veterinarian.
(2) A horse may be
				  removed from the veterinarian's list when, in the opinion of the official
				  veterinarian, the condition which caused the horse to be placed on the
				  veterinarian's list is resolved and the horse's status is returned to that of
				  racing soundness.
(3) The official
				  veterinarian may require a horse to successfully qualify or perform a timed
				  workout at a distance and time of his or her choosing as a condition for
				  release from the veterinarian's list.
(4) Horses qualifying or working to be
				  released from the veterinarian's list must comply with racing medication
				  standards and are subject to post-work biologic sample collection for
				  laboratory confirmation of compliance.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1325 - Bleeders

Current through Vol. 24-12, July 15, 2024
Rule 1325.
(1) A
				  horse that is examined and determined to be a bleeder shall be placed on the
				  veterinarian's list for not less than 14 days and shall not be permitted to
				  race until the horse is examined by an official veterinarian. The
				  veterinarian's list shall be kept and maintained by the official
				  veterinarians.
(2) A horse that is
				  observed and determined to have bled from within the respiratory tract for a
				  second time in a 12-month time period shall again be placed on the stewards'
				  list and is not eligible to participate in racing for a minimum of 30
				  days.
(3) A horse that is observed
				  and determined to have bled from within the respiratory tract for a third time
				  in a 12-month time period shall again be placed on the stewards' list and is
				  not eligible to participate in racing for a minimum of 180 days.
(4) A horse that is observed and determined
				  to have bled from within the respiratory tract for a fourth time in a 12-month
				  time period shall again be placed on the stewards' list and is not eligible to
				  participate in racing for a minimum of 365 days.
(5) After the expiration of the minimum
				  period of ineligibility set forth in subrules (2), (3), and (4) of this rule,
				  the subject horse shall not start again until examined by the official
				  veterinarian and released from the veterinarian's list.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1330 - Nullification of records

Current through Vol. 24-12, July 15, 2024
Rule 1330. If a horse establishes a record in a race and
					 later laboratory analysis of the sample taken indicates the presence of a drug
					 or foreign substance which could affect the racing conditions or performance of
					 a horse in a race, the record is null and void.
Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 1 - GENERAL PROVISIONS › Section R. 431.1335 - Destruction of injured horse; euthanasia permitted

Current through Vol. 24-12, July 15, 2024
Rule 1335. Upon a determination of the official
					 veterinarian that a horse injured in a workout or a race is injured to the
					 extent that the horse must be destroyed, the official veterinarian may perform
					 humane euthanasia after receiving written permission from the trainer or his or
					 her representative on a form prescribed by the executive
					 director.