Pennsylvania Code › Title 58 - RECREATION › Part IV - Horse Racing Commission › Chapter 163 - RULES OF RACING › OBJECTIONS OR PROTESTS › Section 163.281 - Objections or protests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A protest,
				  except a protest involving fraud may be filed only by the owner, or his
				  authorized agent, trainer or jockey of a horse engaged in the race over which
				  the protest is made or by a racing official of the meeting.
(b) A protest involving fraud may be made by
				  any person.
(c) A protest regarding
				  qualifications, entries, weight or other conditions of a race shall be made in
				  writing, signed by the complainant and be filed with the stewards at least 60
				  minutes before the scheduled post time of the race in question. A protest not
				  timely made may be disallowed for that reason alone.
(d) To merit considerations, a protest over
				  the status of an alleged maiden shall be made in writing, signed by the
				  complainant and filed with the stewards at least 2 hours before the programmed
				  post time for the race in which the protested maiden is scheduled to
				  run.
(e) A protest against a horse
				  engaged in a race and timely filed under subsection (c) shall receive immediate
				  consideration. If the protest is supported by evidence tending to show a ground
				  for disqualification, in default of proof after verbal notice of the entrant,
				  within 30 minutes before the scheduled post time that the horse is qualified to
				  start, the horse may be disqualified from starting.
(f) To merit consideration, a protest against
				  a horse based on a happening in a race shall be made to the stewards before the
				  placing of the horses for that race has been officially confirmed.
(g) If a jockey wishes to protest a happening
				  in a race, he shall notify the clerk of the scales immediately upon his arrival
				  at the scales for weighing in.
(h)
				  [Reserved].
(i) A person lodging a
				  protest may be ordered by the stewards or the Commission to pay the costs
				  incurred in determining the objection if the protest is found to be frivolous.
				  If a protest is upheld, the stewards or the Commission may impose costs upon
				  the respondent.
(j) Pending the
				  determination of a protest, money or prizes won by a protested horse, or other
				  money affected by the outcome of the protest, shall be paid to and held by the
				  racing secretary until the protest is determined.
(k) The stewards are vested with power to
				  determine the extent of disqualification in cases of fouls. They may place the
				  offending horse behind the horses in their judgment it interfered with, or they
				  may place it last.
(l) A protest
				  may not be withdrawn without permission of the stewards.
(m) A person may not make frivolous
				  protests.
(n) The stewards shall
				  keep a record of protests and complaints, and of action taken thereon; and
				  shall report both daily to the Commission.
(o) To merit consideration, a protest against
				  the programmed distance of a race shall be made at least 30 minutes before post
				  time for that race.
(p) If evidence
				  of intentional fraud is found regarding the entry or running of a horse, or a
				  willful violation is found in the running of a race, the Commission may, on its
				  own motion, initiate appropriate proceedings against the individuals believed
				  to be involved. An action may not affect pari-mutuel payoffs or the official
				  order of finish of a race.
This section cited in 58 Pa. Code §
												163.481 (relating to review and
						appeal).