PART 1323 PROTESTS AND APPEALS : Sections Listing

TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
SUBTITLE B: HORSE RACING
CHAPTER I: ILLINOIS RACING BOARD
SUBCHAPTER f: RULES AND REGULATIONS OF HARNESS RACING
PART 1323 PROTESTS AND APPEALS

AUTHORITY: Authorized by and implementing Section 9(b) of the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1979, ch. 8, par. 37-9(b)).

SOURCE: Published in Rules and Regulations of Harness Racing, (original date not cited in publication); amended at 5 Ill. Reg. 1498, February 13, 1981, effective February 2, 1981; codified at 5 Ill. Reg. 10952.

 

Section 1323.10  Protests

 

Protests may be made only by an owner, manager, trainer or driver of one of the contending horses, at any time before the winnings are paid over, and shall be reduced to writing and sworn to, and shall contain at least one specific charge which, if true, would prevent the horse from winning or competing in the race.

 

Section 1323.20  Testify Under Oath

 

The judges shall in every case of protest demand that the driver and the owner or owners, if present, shall immediately testify under oath. In case of their refusal to do so, the horse shall not be allowed to start or continue in the race, but shall be ruled out, with a forfeit of entrance money.

 

Section 1323.30  Race Under Protest

 

Unless the stewards find satisfactory evidence to warrant excluding the horse, they shall allow it to start or continue in the race under protest and the purse, if any is won by that horse, shall be held by order of the Stewards to allow the parties interested an opportunity to sustain the allegations of the protest.

 

(Source:  Amended at 5 Ill. Reg. 1498, February 13, 1981; effective February 2, 1981)

 

Section 1323.40  Frivolous Claim

 

Any person found guilty of protesting a horse falsely and without cause or merely with intent to embarrass a race, shall be punished by a fine not to exceed $100 or by suspension or expulsion.

 

Section 1323.60  Change in Penalties

 

The Board may vacate, modify or increase any penalty imposed by the judges. In the event an appellant fails to appear at the hearing on his appeal without good cause, he may be fined not to exceed $100 or a suspension not to exceed 30 days to be effective at the first meeting at which he has horses entered for racing.

 

Section 1323.70  Distribution of Pools

 

Nothing herein contained shall affect the distribution of the pari-mutuel pools when such distribution is made upon the official placing at the conclusion of the heat or race.

 

Section 1323.90  Purse Held

 

In case of an appeal or protest, the purse money affected will be ordered held pending the decision of the appeal or protest.

 

(Source:  Amended at 5 Ill. Reg. 1498, February 13, 1981, effective February 2, 1981)

 

Section 1323.100  Suspension of Judge

 

Any judge may be suspended for refusal to accept a protest or appeal or for refusing to act as witness for a person seeking to swear to a protest or appeal.