reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 65 - Pari-Mutuel Wagering › Subchapter 9 - Calculation of Payoffs and Distribution of Pools › Section 325:65-9-16 - Tri-Superfecta pools

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Tri-Superfecta requires selection of the first three finishers, in their exact
				order, in the first of two designated contests and the first four finishers, in
				exact order, in the second of the two designated contests. Each winning ticket
				for the first Tri-Superfecta contest must be exchanged for a free ticket on the
				second Tri-Superfecta contest in order to remain eligible for the second-half
				Tri-Superfecta pool. Such tickets may be exchanged only at attended ticket
				windows prior to the second Tri-Superfecta contest. Winning first-half
				Tri-Superfecta tickets will receive both an exchange and a monetary payoff.
				Both of the designated Tri-superfecta contests shall be included in only one
				Tri-Superfecta pool.
(b) After
				wagering closes for the first-half of the Tri-Superfecta and commissions have
				been deducted from the pool, the net pool shall then be divided into two
				separate pools: the first-half Tri-Superfecta pool and the second-half
				Tri-Superfecta pool.
(c) In the
				first Tri-Superfecta contest only, winning tickets shall be determined using
				the following precedence, based upon the official order of finish for the first
				Tri-Superfecta contest:
(1) As a single price
				pool to those whose combination finished in correct sequence as the first three
				betting interests; but if there are no such wagers, then
(2) As a single price pool to those whose
				combination included, in correct sequence, the first two betting interests; but
				if there are no such wagers, then
(3) As a single price pool to those whose
				combination correctly selected the first-place betting interest only; but if
				there are no such wagers, then
(4)
				The entire Tri-Superfecta pool shall be refunded on Tri-Superfecta wagers for
				that contest and the second-half shall be canceled.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 65 - Pari-Mutuel Wagering › Subchapter 9 - Calculation of Payoffs and Distribution of Pools › Section 325:65-9-17 - Twin Superfecta pools

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Twin Superfecta requires selection of the first four finishers, in their
				exact order, in each of two designated contests. Each winning ticket for the
				first Twin Superfecta contest must be exchanged for a free ticket on the second
				Twin Superfecta contest in order to remain eligible for the second-half Twin
				Superfecta pool. Such tickets may be exchanged only at attended ticket windows
				prior to the second Twin Superfecta contest. Winning first-half Twin Superfecta
				tickets will receive both an exchange and a monetary payoff. Both of the
				designated Twin Superfecta contests shall be included in only one Twin
				Superfecta pool.
(b) After wagering
				closes for the first-half of the Twin Superfecta and commissions have been
				deducted from the pool, the net pool shall then be divided into two separate
				pools: the first-half Twin Superfecta pool and the second-half Twin Superfecta
				pool.
(c) In the first Twin
				Superfecta contest only, winning wagers shall be determined using the following
				precedence, based upon the official order of finish for the first Twin
				Superfecta contest:
(1) As a single price
				pool to those whose combination finished in correct sequence as the first four
				betting interests; but if there are no such wagers, then
(2) As a single price pool to those whose
				combination included, in correct sequence, the first three betting interests;
				but if there are no such wagers, then
(3) As a single price pool to those whose
				combination included, in correct sequence, the first two betting interests; but
				if there are no such wagers, then
(4) As a single price pool to those whose
				combination correctly selected the first-place betting interest only; but if
				there are no such wagers, then
(5)
				The entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for
				that contest and the second-half shall be canceled.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter describe the requirements and
				procedures for the filing of objections and protests, the conduct of hearings
				and appeals, and define the role and responsibility of the Stewards regarding
				same as authorized under the provisions of the Oklahoma Horse Racing Act, 3A
				O.S., § 200 et seq.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-3 - Stewards to make inquiry or investigation

Current through Vol. 41, No. 20, July 1, 2024
The Stewards shall make diligent inquiry or investigation into
				any complaint, objection or protest made either upon their own motion, by any
				Racing Official, or by any other person empowered by this Chapter to make such
				complaint, protest or objection [3A:204 and 3A:203.4].
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-4 - Objections

Current through Vol. 41, No. 20, July 1, 2024
Objections to the participation of a horse entered in any race
				shall be made to the Stewards in writing and signed by the objector. Except for
				claim of foul or interference, an objection to a horse entered in a race shall
				be made not later than two hours prior to the scheduled post time for the first
				race on the day which the questioned horse is entered. Any such objection shall
				set forth the specific reason or grounds for the objection in such detail so as
				to establish probable cause for the objection. The Stewards upon their own
				motion may consider an objection until such time as the horse becomes a
				starter. An objection concerning claim of foul in a race may be lodged verbally
				to the Stewards before the race results are declared
				official.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-5 - Grounds for objections

Current through Vol. 41, No. 20, July 1, 2024
An objection to a horse which is entered in a race shall be
				made on but not limited to the following grounds or reasons:
(1) A misstatement, error or omission in the
			 entry under which a horse is to run.
(2) That the horse which is entered to run is
			 not the horse it is represented to be at the time of entry, or that the age is
			 erroneously given.
(3) That the
			 horse is not qualified to enter under the conditions specified for the race, or
			 that the allowances are improperly claimed or not entitled the horse, or that
			 the weight to be carried is incorrect under the conditions of the
			 race.
(4) That the horse is owned
			 in whole or in part, or leased by a person ineligible to participate in racing
			 or otherwise ineligible to own a racehorse as provided in this Title.
(5) That reasonable grounds exist whereby a
			 horse was interfered with or impeded or otherwise hindered by another horse or
			 Jockey during the running of a race.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-6 - Horse subject to objection

Current through Vol. 41, No. 20, July 1, 2024
The Stewards may scratch from the race any horse which is the
				subject of an objection if they have reasonable cause to believe that the
				objection is valid.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-7 - Protests

Current through Vol. 41, No. 20, July 1, 2024
A protest against any horse which has started in a race shall
				be made to the Stewards in writing, signed by the protester, within 48 hours of
				the race, except as noted in
				325:70-1-10.
				Any such protest shall set forth the specific reason or reasons for the protest
				in such detail as to establish probable cause for the protest. The Stewards
				upon their own motion may consider a protest at any time.
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-8 - Grounds for protest

Current through Vol. 41, No. 20, July 1, 2024
A protest may be made upon the following grounds:
(1) Any grounds for objection set forth in
			 325:70-1-5,
			 except
			 325:70-1-5(5).
(2) That the order of finish as officially
			 determined by the Stewards was incorrect due to oversight or errors in the
			 numbers designated to the horses which started in the race.
(3) That a Jockey, Trainer or Owner of a
			 horse which started in the race was ineligible to participate in racing as
			 provided in this Title.
(4) That
			 the weight carried by a horse was improper by reason of fraud or willful
			 misconduct.
(5) That an unfair
			 advantage was gained in violation of a Commission rule of racing.
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-9 - Persons empowered to file objection or protest

Current through Vol. 41, No. 20, July 1, 2024
A Jockey, Trainer, Owner, or Authorized Agent of the horse
				which is entered or is a starter in a race is empowered to file an objection or
				protest against any other horse in such race upon the grounds set forth in this
				Chapter for objections and protests.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-10 - No limitation on time to file when fraud alleged

Current through Vol. 41, No. 20, July 1, 2024
Notwithstanding any other provision in this Chapter, the time
				limitation on the filing of protests shall not apply in any case in which fraud
				or willful misconduct is alleged, provided that the Stewards are satisfied that
				the allegations are bona fide and susceptible to
				verification.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-11 - Frivolous or inaccurate objection or protest

Current through Vol. 41, No. 20, July 1, 2024
No person shall knowingly file a frivolous, inaccurate, false,
				or untruthful objection or protest; nor shall any person present his/her
				objection or protest to the Stewards in a disrespectful or undignified
				manner.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-12 - Horse to be disqualified on valid protest

Current through Vol. 41, No. 20, July 1, 2024
If a protest against a horse which has run in a race is
				declared valid, that horse may be disqualified. A horse so disqualified is a
				starter in the said race, and may be placed last in the order of finish or may
				be unplaced. The Stewards or the Commission may order any purse, award or prize
				for any race withheld from distribution pending the determination of the
				protest(s). In the event any purse, award or prize has been distributed to a
				person on behalf of a horse which by protest or other reason is disqualified or
				determined not to be entitled to such purse, award or prize, the Stewards or
				Commission may order such purse, award or prize returned and redistributed to
				the rightful person. Any person who fails to comply with an Order to return any
				purse, award or prize previously distributed shall be suspended until its
				return.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-13 - Notification of and representation at hearing

Current through Vol. 41, No. 20, July 1, 2024
Adequate notice of hearing shall be given to every summoned
				person in accordance with the procedures set forth in
				325:1-1-13.
				Every person alleged to have committed a rule violation or who is called to
				testify before the Stewards is entitled at the person's expense to have counsel
				present evidence and witnesses on his/her behalf and to cross-examine other
				witnesses at the hearing. [3A:204 and 3A:204.3]
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-13.1 - Entry of appearance of attorney, withdrawal of counsel, address of record, change of address

Current through Vol. 41, No. 20, July 1, 2024
(a) In any proceeding before the Commission or the Board of Stewards, any attorney appearing for a party shall file with the Stewards Clerk an entry of appearance no later than the first filing of any pleading or other paper in the case by that counsel or the first appearance before the Executive Director or Board of Stewards. In the event a party adds or substitutes counsel, new counsel shall immediately file an entry of appearance. The entry of appearance shall include the name and signature of counsel, mailing address, telephone number, email address, fax number, Bar Association number, and name of the law firm. Copies shall be served on all other parties of record.
(b) A motion to withdraw may be filed at any time. All motions to withdraw shall be accompanied by a proposed order. No counsel may withdraw from a pending case without leave of the Executive Director or Board of Stewards. The counsel filing the motion to withdraw shall serve a copy of the motion on the client and all attorneys of record. All motions shall be signed by the party on whose behalf counsel has previously appeared or contain a certificate that:
(1) the client has knowledge of counsels' intent to withdraw, or
(2) counsel has made a good faith effort to notify the client and the client cannot be located. Where there is no successor counsel the withdrawing attorney must clearly state in the body of the order the name and current address of the party. If no entry of appearance is filed within thirty (30) days from the date of the order permitting withdrawal, then the unrepresented party is deemed to be pro se. In all cases, counsel seeking to withdraw shall advise the Executive Director or Board of Stewards if the case is currently set for hearing.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-14 - Testimony and evidence at hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Every person called to a hearing before
			 the Stewards concerning an alleged rule violation shall be allowed to present
			 testimony, produce witnesses, cross-examine witnesses, and present documentary
			 evidence in accordance with the rules of privilege recognized by law [3A:204
			 and 3A:204.3].
(b) Each witness at
			 a disciplinary hearing conducted by the Stewards must be sworn by the presiding
			 steward.
(c) The Stewards shall
			 allow a full presentation of evidence and are not bound by the technical rules
			 of evidence. However, the Stewards may disallow evidence that is irrelevant or
			 unduly repetitive of other evidence. The Stewards shall have the authority to
			 determine, in their sole discretion, the weight and credibility of any evidence
			 and/or testimony. The Stewards may admit hearsay evidence if the Stewards
			 determine the evidence is of a type that is commonly relied on by reasonably
			 prudent people. The rules of privilege recognized by Oklahoma law apply in
			 hearings before the Stewards.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-15 - Duty of disclosure

Current through Vol. 41, No. 20, July 1, 2024
It is the duty and obligation of every licensee to make full
				disclosure at a hearing before the Commission or before the Stewards of any
				knowledge s/he possesses of a violation of any racing law or of the rules and
				regulations of the Commission. No person may refuse to testify at any hearing
				on any relevant matter, except in the proper exercise of a legal privilege, nor
				shall any person testify falsely. [3A:204 and 3A:203.6]
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-16 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
Any licensee or summoned person who fails to appear before the
				Stewards or the Commission after having been ordered personally or in writing
				to do so, may be suspended pending appearance before the Stewards or the
				Commission. Nonappearance of a summoned person after adequate notice may be
				construed as a waiver of right to be present at a hearing. [3A:203.6, 3A:204,
				and 3A:204.3]
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-17 - Record of inquiry/hearing

Current through Vol. 41, No. 20, July 1, 2024
All hearings before the Commission and any inquiry or hearing
				before the Stewards shall be recorded except matters before the Stewards
				regarding disqualifications of horses for interference during the running of a
				race. That portion of an inquiry or hearing constituting deliberations in
				Executive Session need not be recorded. A written transcript or a copy of the
				tape recording shall be made available to any person alleged to have committed
				a violation of the Act or rules upon written request and payment of appropriate
				reimbursement cost(s) for reproduction. [3A:203.6, 3A:204, and
				3A:204.3]
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-18 - Vote on Stewards' decision

Current through Vol. 41, No. 20, July 1, 2024
A majority vote shall decide any question to which the
				authority of the Stewards extends. If a vote is not unanimous, the dissenting
				Steward shall provide a written record to the Commission of the reasons for
				such dissent within 72 hours of the vote. [3A:204]
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-19 - Rulings/orders by the Stewards

Current through Vol. 41, No. 20, July 1, 2024
Any ruling or order issued by the Stewards shall specify the
				full name of the licensee or person subject to the ruling or order; most recent
				address on file with the Commission; date of birth; statement of the offense
				charged including any rule number; date of ruling; fine and/or suspension
				imposed or other action taken; changes in the order of finish and purse
				distribution in a race, when appropriate; and any other information deemed
				necessary by the Stewards or the Commission. Any member of a Board of Stewards
				may, after consultation with and by mutual agreement of the other Stewards,
				issue an order or notice signed by one Steward on behalf of the Board of
				Stewards. Subsequently, an order containing all three Stewards' signatures
				shall be made part of the official record. [3A:204 and
				3A:204.3]
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-20 - Summary suspension of occupation licensee

Current through Vol. 41, No. 20, July 1, 2024
(a) If the Stewards or the Commission find
			 that the public health, safety, or welfare requires emergency action and
			 incorporates such finding to that effect in any Order, summary suspension of
			 any licensee may be ordered pending proceedings for revocation or other action,
			 which proceedings shall be promptly initiated and held as provided in the
			 Administrative Procedures Act, 75 O.S., §§ 301 through 326. [3A:204
			 and 3A:204.3]
(b) The Stewards may
			 enter an Order of Summary Suspension of any licensee in any matter concerning
			 any of the following classes of violations which are an imminent peril to the
			 public health, safety and welfare:
(1) any
			 rule regarding the running of a race;
(2) any violation of medication laws and
			 rules;
(3) any suspension or
			 revocation of an occupation license by any racing jurisdiction recognized by
			 the Commission;
(4) any assault or
			 other destructive acts within Commission-licensed premises;
(5) any violation of prohibited devices, laws
			 and rules; or
(6) any filing of
			 false information. [75:205.4(B)(13)]
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-21 - Duration of suspension or revocation

Current through Vol. 41, No. 20, July 1, 2024
Unless execution of an order of suspension or revocation is
				stayed by the Commission or a court of competent jurisdiction, a person's
				occupation license, suspended or revoked, shall remain suspended or revoked
				until the final determination has been made pursuant to the provisions of the
				Administrative Procedures Act, 75 O.S., § 301 through 326,
				inclusive.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-22 - Grounds for appeal from decision of the stewards

Current through Vol. 41, No. 20, July 1, 2024
Any decision of the Stewards, except decisions regarding
				disqualifications for interference during the running of the race and summary
				suspensions, may be appealed to the Commission, as specified in
				325:70-1-23
				and
				325:70-1-24.
				Such decisions may be overruled, referred back to the Stewards, or subject to
				other action which the Commission deems appropriate if it is found that:
(1) The Stewards mistakenly interpreted the
			 law; or
(2) New evidence is
			 produced which, through the exercise of reasonable diligence, could not have
			 been found at the time of the Stewards' hearing and is of a convincing nature
			 which, if found to be true, would require the overruling of the decision or
			 remanding the matter to the Board of Stewards; or
(3) The Stewards' decision is not supported
			 by the applicable standard of proof; or
(4) The best interests of racing and the
			 State may be better served. [3A:204 and 75:250.4]
Amended at 16 Ok Reg 2895,
				eff 7-12-99; Amended at 23 Ok Reg 2602, eff
				6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-23 - Appeal from decision of the Stewards

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall review hearings of any case referred to the Commission by the Stewards or appealed to the Commission from the decisions of the Stewards except as otherwise provided in this Chapter. Upon every appealable decision of the Stewards, the person subject to the decision or order shall be made aware of his/her right to an appeal before the Commission and the necessary procedures thereof. Appeals shall be made no later than 5:00 p.m. on the third calendar day, excluding intermediate Saturdays and Sundays and legal holidays as defined by the Oklahoma Statutes or any other day when the Commission office does not remain open for public business until 5:00 p.m. from the date of the notice to the licensee of the rendering of the decision of the Stewards, excluding the date the decision was rendered, unless the Commission for good cause extends the time for filing not to exceed thirty (30) days from the rendering date, and shall be filed with the Office of the Commission as specified in 325:1-1-14. Notification may be made by delivery of the decision or order in person, by email, or regular mail to an address listed on the applicant's most recent license application, to the applicant's attorney of record in person, by email, or regular mail to an address listed on the attorney's Entry of Appearance, or by other means if requested in writing or on the record by the applicant or the applicant's attorney of record. When the applicant is notified by mail of the Stewards' decision, three (3) days shall be added to the time within which the application for temporary stay order shall be filed. Action on the hearing request shall commence by the Commission within thirty (30) days of the filing of the appeal. An appeal shall not affect a decision of the Stewards until the appeal has been sustained or dismissed or a stay order issued.
(b) After the date for an appeal hearing has been set, a party to the hearing may request a hearing continuance if the request is received in writing by the Commission no later than three (3) days prior to the scheduled date of hearing and as otherwise specified in 325:1-1-14. The request for continuance may be granted or denied by the Executive Director after his/her consultation with three (3) Commissioners; however, a continuance shall only be considered by the Commission upon a showing of serious circumstances; which in the opinion of the Commission would justify the granting of a continuance.
(c) The form in Appendix A of this Chapter shall be used when filing an appeal petition with the Commission. The petition shall be typed or printed on 8-1/2" x 11" paper with the original and three (3) copies being filed.
Amended at 16 Ok Reg 2895, eff 7-12-99 ; Amended at 30 Ok
				  Reg 531, eff 5-15-13
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-24 - Appeal hearing procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) Both appellant and appellee are entitled
			 to have counsel present to present arguments. The appeal hearing is a hearing
			 on the record and not a new hearing; therefore, presentations by both sides
			 will be limited to arguments and/or comments regarding the record of the
			 Stewards' hearing. Any alleged new evidence as discussed in
			 325:70-1-22
			 shall require that an offer of proof be made to the Commission, such offer of
			 proof being a brief explanation of the new evidence to the Commission. If such
			 offer is accepted and new evidence and/or witnesses allowed, both appellant and
			 appellee are entitled to present evidence and witnesses and to cross-examine
			 other witnesses.
(b) The Commission
			 will allow each side 15 minutes for his/her presentation based on the record as
			 alleged in the appeal petition. Upon conclusion of argument, Commissioners may
			 ask questions.
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-25 - Appointment of hearing examiners

Current through Vol. 41, No. 20, July 1, 2024
When directed by the Commission, any qualified person(s) may
				sit as a hearing examiner(s) for the taking of evidence in any matter pending
				before the Commission. Any such hearing examiner shall report to the Commission
				Findings of Fact and Conclusions of Law, and the Commission shall determine the
				matter as if such evidence had been presented to the full
				Commission.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-26 - Hearings on agreement

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 Persons aggrieved as the result of a Stewards' ruling in a preliminary or trial
			 race may request a hearing before the Executive Director of the Commission to
			 review same. If all interested parties waive the right to receive notice of
			 hearing, such a hearing may be heard on a day certain within seven days after
			 the preliminary or trial race in question. All such appeals shall be heard on
			 days set by the Executive Director of the Commission, or anyone acting in
			 his/her stead.
(b) In accordance
			 with the Administrative Procedures Act, 75 O.S., § 309, any inquiry or
			 hearing before the Board of Stewards may be disposed of informally by
			 stipulation, agreed settlement, consent order, or default.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-27 - Temporary stay order

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 Executive Director may, upon consultation with and the direction of a minimum
			 of three Commissioners, issue or deny a temporary stay order to stay execution
			 of any ruling, Order, or decision of the Stewards except Stewards' decisions
			 regarding disqualifications for interference during the running of a race. Any
			 application for a temporary stay shall be in writing, signed by the Appellant;
			 shall contain his/her full name, present mailing address and present phone
			 number; and shall set forth the facts and any evidence to justify the issuance
			 of the stay. The application for temporary stay shall be filed with the Office
			 of the Commission, as specified in
			 325:1-1-14,
			 no later than 5:00 p.m. on the third calendar day, excluding intermediate
			 Saturdays, Sundays, and legal holidays as defined by the Oklahoma Statutes or
			 any other day when the Commission office does not remain open for public
			 business until 5:00 p.m., from the date of the rendering of the decision of the
			 Stewards, excluding the date the decision was rendered unless the Commission
			 for good cause extends the time for filing not to exceed 30 days from said
			 rendering date. When the applicant is notified by mail of the Stewards'
			 decision, three (3) days shall be added to the time within which the
			 application for temporary stay order must be filed. The granting of a temporary
			 stay order shall carry no presumption that the stayed decision of the Stewards
			 is or may be invalid, and a temporary stay order may be dissolved at any time
			 by further order of the Executive Director upon consultation with and the
			 direction of a minimum of three Commissioners.
(b) If the appeal is dismissed or the
			 temporary stay order dissolved prior to being heard by the Commission,
			 regardless of whether the temporary stay order was issued by the Commission or
			 by a court of competent jurisdiction, then the Commission shall determine when
			 the remaining days of suspension, if any, will be served.
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-28 - Appearance at hearing upon appeal

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall notify the Appellant and the Stewards of
				the date, time and location of its hearing in the matter upon appeal. The
				burden shall be on the Appellant to provide the facts necessary to sustain the
				appeal.
Amended at 16 Ok Reg 2895,
				eff 7-12-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-29 - Complaints against officials

Current through Vol. 41, No. 20, July 1, 2024
Any complaint against a Racing Official other than a Steward
				shall be made to the Stewards in writing and signed by the complainant. All
				such complaints shall be reported to the Commission by the Stewards, together
				with a report of the action taken or the recommendation of the Stewards.
				Complaints against any Stewards shall be made in writing to the Executive
				Director of the Commission and signed by the complainant.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-30 - Rulings on admissibility and evidence

Current through Vol. 41, No. 20, July 1, 2024
In all hearings, the Chairperson, Chief Steward or such other
				person as may be designated, shall make rulings on admissibility and
				introduction of evidence. Such a ruling shall prevail; except when a Commission
				member or a Steward requests a poll of the panel, and the ruling is overturned
				by majority vote.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-31 - Pleadings

Current through Vol. 41, No. 20, July 1, 2024
(a) Pleadings shall
			 be filed with the Commission and include appeals, applications, answers,
			 complaints, exceptions, replies and motions. Regardless of an error in
			 designation, a pleading shall be accorded its true status in the proceeding in
			 which it is filed.
(b) A request
			 for discovery or a response to a request for discovery is not a pleading and is
			 not a part of the administrative record of a contested case unless the request
			 or response is offered into evidence.
(c) A pleading for which the Commission staff
			 has not prepared an official form must contain:
(1) the name of the pleader;
(2) the telephone number and street address
			 of the pleader's residence and business and the telephone number and street
			 address of the pleader's representative, if any;
(3) the jurisdiction of the Commission over
			 the subject matter;
(4) a concise
			 statement of the facts relied on by the pleader;
(5) a request stating the type of Commission
			 action desired by the pleader;
(6)
			 the name and address of each person who the pleader knows or believes will be
			 affected if the request is granted;
(7) a proposed order, containing proposed
			 findings of fact and conclusions of law;
(8) any other matter required by statute or
			 Commission rule; and
(9) a
			 certificate of service.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter provide definitions, establish
				requirements, and describe procedures for the implementation of a state-bred
				incentive program which program results in funds authorized by the Commission
				for payment pursuant to provisions of the Oklahoma Horse Racing Act, 3A O.S.,
				§§ 208.3 and 203.7.
Amended at 16 Ok Reg 3315,
				eff 7-26-99
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-4 - Accreditation of Oklahoma-Bred

Current through Vol. 41, No. 20, July 1, 2024
The breeder or owner of a horse that is eligible for
				participation in the Oklahoma-Bred Program may accredit such horse with the
				Oklahoma Horse Racing Commission by submitting a Commission-approved
				application, all required documents, and the appropriate fee to the official
				Registering Agency. Failure to submit either the required fee or a
				Commission-approved application will result in the immediate rejection of the
				application. Failure to complete the accreditation process of a racing stock by
				submitting all required documentation, including the original or replacement
				Certificate of Registration, to the Commission by December 31 of the horse's
				three-year-old year will result in the application being rejected with no
				refund of fee. Failure to complete the accreditation process of a broodmare or
				stallion by submitting all required documentation to the Commission within one
				(1) year from submitting the original application will result in the
				application being rejected with no refund of fee. In such event, a new
				application along with the necessary documentation and applicable fees must be
				submitted to the Commission in order to accredit the horse in the Oklahoma-Bred
				Program. The Commission may contract with and designate an official Registering
				Agency to implement the accreditation of Oklahoma-Bred horses.
				[3A:208.3(C)].
Amended at 11 Ok Reg 139,
				eff 10-10-93 (emergency); Amended at 11 Ok Reg 627, eff 11-15-93 (emergency);
				Amended at 10 Ok Reg 2775, eff 1-1-94; Amended at 11 Ok Reg 4205, eff 7-26-94;
				Amended at 13 Ok Reg 733, eff 12-1-95 (emergency); Amended at 13 Ok Reg 2163,
				eff 6-14-96; Amended at 26 Ok Reg 2177, eff
				6-25-09
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-4.1 - Dual breed Oklahoma-Bred registration

Current through Vol. 41, No. 20, July 1, 2024
(a) To be eligible for dual breed awards, the
			 application for accreditation in the Oklahoma-Bred program shall be submitted
			 and must indicate the horse is registered with more than one breed national
			 registry. The application must be in substantial compliance with the
			 Registering Agency's accreditation requirements. The applicable fee for a dual
			 breed registered horse must be submitted to the Registering Agency together
			 with the application for accreditation and all Registration Certificates from
			 the national registries.
(b) If an
			 initial application for accreditation is submitted to the Registering Agency
			 indicating registration in only one breed national registry along with the
			 application fee and Registration Certificate from the national registry, that
			 horse may still become eligible for dual breed awards by filing an amended
			 application as follows. To be eligible, the Registration Certificate from the
			 additional national registry must be submitted to the Registering Agency
			 together with an amended application for accreditation and with application fee
			 equal to the fee found in
			 325:75-1-13.
(1)
Stallions.
(A) Stallion owners are only eligible to
			 receive awards based on the performance of foals by a stallion when:
(i) the foal is from a breed for which the
			 stallion's Oklahoma-Bred accreditation application for that breed has been
			 completed and the stallion is enrolled in the Oklahoma-Bred stallion registry
			 for the breed of the foal, and
(ii)
			 the foal is conceived after the stallion is enrolled in the Oklahoma-Bred
			 stallion registry stallion for the breed of the foal.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-5 - Administration of Oklahoma-Bred program

Current through Vol. 41, No. 20, July 1, 2024
The management procedures, rules and regulations, fee
				schedules, accreditation forms, publications, and all other instruments
				necessary to the operation of the Oklahoma-Bred Program by the official
				Registering Agency shall be subject to the review and approval of the
				Commission. The Commission shall be provided access to the records of the
				official Registering Agency during normal business hours. The Commission shall
				be provided copies of the completed accreditation forms for all horses entered
				in the Oklahoma-Bred Program, or the Oklahoma Stallion or Broodmare Registry.
				The official Registering Agency shall provide the Commission with a financial
				accounting of the Oklahoma-Bred Program by a Certified Public Accountant within
				30 days of the end of the Commission's fiscal year.
				[3A:208.3(D)]
Amended at 26 Ok Reg 2177,
				eff 6-25-09
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-6 - Annual state audit of Special Account

Current through Vol. 41, No. 20, July 1, 2024
The State Auditor and Inspector shall audit the Oklahoma
				Breeding Development Fund Special Account on an annual basis. The expense of
				the audit shall be paid from said Special Account.
				[3A:208.3(E)]
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-7 - Accreditation required for Oklahoma-Bred eligibility

Current through Vol. 41, No. 20, July 1, 2024
Unless the breeder or owner of an Oklahoma-Bred racing stock
				has accredited the horse with the official Oklahoma-Bred Registering Agency and
				attested that the horse is an Oklahoma-Bred, and unless the horse's official
				Certificate of Registration has been affixed with the Oklahoma-Bred Program
				Stamp to complete the enrollment process for Oklahoma-Bred racing stock, such
				horse is ineligible to start in races for Oklahoma-Bred horses and ineligible
				for Oklahoma-Bred purse supplements. An accredited racing stock horse shall be
				considered eligible to start in races for Oklahoma-Bred horses and earn
				Oklahoma-Bred purse supplements if the official Certificate of Registration has
				been re-issued by the national breed registry and has not been affixed with the
				Oklahoma-Bred Program Stamp so long as the official Oklahoma-Bred Registering
				Agency can verify the eligibility of the horse. Unless the owner of an
				Oklahoma-Bred stallion or broodmare has accredited the horse with the official
				Oklahoma-Bred Registering Agency and attested that the horse is in compliance
				with the rules of the Oklahoma-Bred Program such horse is ineligible for
				Oklahoma-Bred stallion or broodmare awards. The Registering Agency will verify
				the current eligibility of a participating horse prior to distributing any
				purse supplement, stake, reward or award from the Oklahoma Breeding Development
				Fund Special Account.
Amended at 11 Ok Reg 13,
				eff 10-10-93 (emergency); Amended at 11 Ok Reg 4205, eff 7-26-94; Amended at 13
				Ok Reg 2581, eff 6-28-96; Amended at 16 Ok Reg 3315, eff 7-26-99; Amended at 24
				Ok Reg 974, eff 5-11-07; Amended at 26 Ok Reg 2177, eff
				6-25-09
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-8 - Inspection of horses

Current through Vol. 41, No. 20, July 1, 2024
Any applicant or registrant for the Oklahoma-Bred Program shall
				be deemed to have given consent to any duly authorized employee or agent of the
				Commission to enter and inspect any horse that has completed an application to
				be accredited in the Program. Refusal to permit such inspection may constitute
				grounds for denial of the application or removal of the horse from the Program.
				Horses accredited in the Oklahoma-Bred Program will be subject to periodic
				checks to verify compliance with the rules of the program.
				[3A:208.3]
Amended at 26 Ok Reg 2177,
				eff 6-25-09
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-9 - Decision as to eligibility of Oklahoma-Bred

Current through Vol. 41, No. 20, July 1, 2024
Questions as to the accreditation, eligibility for
				accreditation, or breeding of an Oklahoma-Bred horse shall be decided by the
				official Registering Agency designated by the Commission. The official
				Registering Agency may demand and inspect any Registration Certificate, records
				or other acceptable documentation from the official breed registry, stallion
				owner, breeding farm manager, or Oklahoma breeder, and shall verify that the
				horse involved complies with the requirements for accreditation, or receipt of
				a purse supplement, stake, reward or award. When a person has been suspended
				from participation in the Oklahoma-Bred Program, any other ownership entity in
				which such person may have ownership interest shall also be ineligible for
				added purse supplements and any broodmare or stallion awards from the
				Oklahoma-Bred Program; and any horse owned by such entity shall be ineligible
				for accreditation, or participation in the Oklahoma-Bred Program for the same
				period of time as designated in such person's suspension. A decision of the
				official Registering Agency shall be subject to review by the Commission, which
				retains the right to make the final decision as to any right or liability under
				this Chapter.
Amended at 16 Ok Reg 3315,
				eff 7-26-99; Amended at 24 Ok Reg 974, eff 5-11-07; Amended at 26 Ok Reg 2177,
				eff 6-25-09
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-10 - False statements concerning Oklahoma-Bred accreditation

Current through Vol. 41, No. 20, July 1, 2024
Any person who fails to disclose or states falsely any
				information required in the accreditation process for the Oklahoma-Bred Program
				may be subject to penalties at the discretion of the Commission. Such penalties
				may include disqualification and exclusion from the Oklahoma-Bred Program of
				both the horse(s) and person(s) involved in the dispute. Should a person be
				disqualified, excluded, and/or found to be ineligible for the Oklahoma-Bred
				award and/or program, the family (husband, wife, dependent children) of that
				person may be deemed ineligible to participate for the same period of time as
				that person. [3A:208.3; see also 3A:203.6]
Amended at 26 Ok Reg 2177,
				eff 6-25-09
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 75 - Oklahoma-Bred Program › Section 325:75-1-11 - Oklahoma-Bred racing program

Current through Vol. 41, No. 20, July 1, 2024
Any organization licensed by the Commission to conduct a race
				meeting with pari-mutuel wagering shall provide an Oklahoma-Bred Racing Program
				and publish such conditions in the Condition Book prior to the commencement of
				the race meeting. Prior to publication and distribution of the Condition Book,
				the Commission shall review and approve the Oklahoma-Bred Racing Program. Any
				changes thereto shall be filed with the Commission, and none shall
				substantially deviate from the conditions previously published unless approved
				by the Commission. [3A:208.3; see also 3A:203.7 and 3A:204]
Amended at 30 Ok Reg 532, eff
				  5-15-13