West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 3 - GREYHOUND RACING OFFICIALS › Section 178-2-9 - Judges

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. There shall be
				  three (3) judges for each race meeting, all three (3) of which shall be
				  employees of the Racing Commission. The Commission shall select one of the
				  judges to serve as Presiding Judge.
9.2. In the event a judge is temporarily
				  incapacitated or for some sufficient reason cannot serve as judge, the Racing
				  Commission shall appoint a temporary replacement until the absent judge is able
				  to return to duty and promptly advise the association of such temporary
				  appointment. If, without advance notice to the Commission and the association,
				  one or more judges fail to report for duty, the association shall name
				  qualified persons to serve as a temporary replacement judge(s) for no longer
				  than the day and immediately make a full written report of the absence and the
				  names of the temporary replacement(s) to the Commission. If necessary, the
				  Commission shall appoint a temporary replacement until the absent judge is able
				  to return to duty.
9.3. In matters
				  pertaining to racing, the orders of the judges supercede the order of the
				  officers of the association.
9.4.
				  The judges shall interpret the rules and decide all questions not specifically
				  covered by the rules.
9.5. Should
				  any incident occur which may not be covered by the rules of racing, it shall be
				  determined by the judges in conformity with justice and in the best interest of
				  racing.
9.6. All decisions and/or
				  rulings within the judges' Authority shall be determined by a majority of the
				  judges, and in accordance with these rules, may be subject to the review of the
				  Commission.
9.7. The judges shall
				  have general supervision over all occupational permit holders, other racing
				  officials and greyhounds on association grounds.
9.8. Every person participating in and every
				  patron of a licensed race meeting shall abide by the laws and this rule and
				  accept the judges' decisions on any and all questions, subject to the right of
				  appeal to the Racing Commission.
9.9. The judges shall have authority over and
				  free access to all places in use for the purpose of racing.
9.10. All entries and withdrawals are under
				  the supervision of the judges who may refuse the entries of any person or the
				  transfer of any entries for violation of the rules or statutes.
9.11. The judges shall have the Authority to
				  resolve all conflicts involving entries and racing.
9.12. Persons entering greyhounds to run at
				  licensed association tracks in this jurisdiction agree in so doing to accept
				  the decision of the judges on any questions relating to a race or
				  racing.
9.13. The judges shall have
				  the authority to sanction any person for violation of the rules or statutes,
				  including but not limited to, suspension or revocation of an occupational
				  permit and/or fine. No racing official other than the judges are authorized to
				  impose disciplinary action on a permit holder.
9.14. The judges may eject or cause to have
				  ejected any person who is currently under suspension or exclusion in any other
				  jurisdiction.
9.15. The judges may
				  order a physical examination by the Racing Commission Veterinarian of any
				  greyhound entered for a race or which has run in a race.
9.16. The judges shall take appropriate
				  action on alleged violations of this rule with or without complaint
				  thereof.
9.17. The judges shall
				  record all objections and complaints, which allege a violation of these
				  rules.
9.18. All complaints must be
				  in writing and signed by the complainant, and shall be filed with the judges.
				  If the complaint involves the judges, it shall be filed directly with the
				  Commission or Commission designee.
9.19. The judges shall investigate or cause
				  to have investigated promptly all objections and/or complaints made to them and
				  make prompt report of their investigation findings and decision and/or
				  recommendation to the Commission.
9.20. The judges shall order the exclusion of
				  persons ruled off from areas under their jurisdiction. They may exclude any
				  person found guilty of any prohibited acts by greyhound racing authorities of
				  any other jurisdictions, or by the judges of any recognized meeting. The names
				  of all persons ordered excluded shall be promptly reported to the
				  Commission.
9.21. At least one
				  judge shall be present on association grounds for the weigh-in process for each
				  performance.
9.22. The judge
				  present at weigh-in may scratch a greyhound, and in addition, at the discretion
				  of the judges, the kennel owner and/or trainer may be fined or suspended if:
9.22.a. The greyhound is in violation of the
				  rules applicable to greyhound weight or weighing;
9.22.b. The greyhound is not present at the
				  weigh-in room promptly at the appointed time; or
9.22.c. The greyhound is in violation of any
				  rule of racing.