Administrative Code

Virginia Administrative Code
Title 11. Gaming
Agency 10. Virginia Racing Commission
4/5/2020

Chapter 70. Stewards

11VAC10-70-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Disciplinary action" means an action taken by the stewards or the commission for violation of federal or state law, local ordinance, or the regulations of the commission and may include any of the following:

1. Revocation of a permit;

2. Suspension of a permit;

3. Assessment of a fine;

4. Reprimand;

5. Probation; and

6. Any combination of the above.

"Disqualification" means a ruling by the stewards which revises the order of finish of a race.

"Fine" means a form of disciplinary action where a pecuniary punishment is imposed on the holder of a permit by the stewards or commission.

"Inquiry" means an investigation into the conduct of a race which is initiated by the stewards prior to declaring a race "official."

"Objection" means a complaint filed by an owner, trainer, jockey or driver against another horse, jockey or driver after a race but prior to the race being declared "official."

"Probation" means for a stipulated period a holder of a permit shall conduct himself according to terms and conditions established by the stewards.

"Protest" means a written statement filed before a race objecting to the eligibility of a horse or holder of a permit to participate in a race.

"Reprimand" means a form of disciplinary action where the holder of a permit is reproved severely in writing by the stewards or the commission.

"Revocation" means a form of disciplinary action where the permit of a holder is recalled by the stewards or the commission.

"Suspension" means a form of disciplinary action where the permit of a holder is temporarily withdrawn by the stewards or the commission.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 1, eff. September 26, 1991.

11VAC10-70-20. Appointment.

The commission shall appoint stewards, all of whom shall be employees of the commission. To qualify for appointment as a steward, the appointee shall meet the experience, education and examination requirements necessary to be accredited by the Racing Officials Accreditation Program administered by the Universities of Arizona and Louisville, or in the case of harness racing, be licensed as a judge by the United States Trotting Association. The commission may waive any accreditation requirements for good cause shown.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 2, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006; Volume 25, Issue 15, eff. April 15, 2009.

11VAC10-70-30. Senior Commonwealth Steward.

One of the stewards employed by the commission shall be designated as the Senior Commonwealth Steward. The Senior Commonwealth Steward shall preside at all hearings conducted by the stewards that do not pertain to the operation of the satellite wagering facilities. Any steward may conduct hearings pertaining to the operation of satellite wagering facilities.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 3, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-40. General powers and authority.

A steward or the stewards shall be responsible to the commission, shall have authority over all holders of permits, and shall have authority to resolve conflicts or disputes that are related to the conduct of racing or operation of the satellite facilities in accordance with the Code of Virginia and the regulations of the commission.

A steward or the stewards shall exercise immediate supervision, control and regulation of horse racing at each race meeting and at all satellite facilities licensed by the commission. The powers of the stewards shall include:

1. Reviewing the conduct of all racing officials, track management, permitted personnel, other persons responsible for the conduct of racing and simulcasting, and patrons as necessary, to ensure compliance with these regulations and the Code of Virginia;

2. Determining all questions, disputes, protests, complaints, and objections concerning live horse racing and simulcast horse racing and enforcing their rulings;

3. Taking disciplinary action against any holder of a permit or participant found violating federal laws, state laws, local ordinances or regulations of the commission;

4. Reviewing applications for permits and either granting or denying permits to participate in horse racing at race meetings or satellite facilities. Nothing in these regulations shall be construed to prohibit the granting of a permit with such conditions as the stewards may deem appropriate;

5. Enforcing the regulations of the commission in all matters pertaining to horse racing and satellite facilities;

6. Issuing rulings pertaining to the conduct of horse racing and satellite facilities;

7. Varying any arrangement for the conduct of a race meeting including but not limited to postponing a race or races, canceling a race, or declaring a race "no contest";

8. Requesting assistance from other commission employees, law-enforcement officials, racing officials, members of the horse-racing industry or the licensee's security service in the investigation of possible statutory or rule violations;

9. Conducting hearings on all questions, disputes, protests, complaints, or objections concerning racing matters and satellite facilities;

10. Substituting another qualified person where any racing official is unable to perform his duties;

11. Issuing subpoenas for the attendance of witnesses to appear before them, administering oaths and compelling the production of any of the books, documents, records, or memoranda of any licensee or permit holder. In addition, the stewards may issue subpoenas to compel the production of an annual balance sheet and operating statement of any licensee or permit holder and may require the production of any contract to which such person is or may be a party. The stewards may also issue subpoenas to compel production of records or other documents or relevant things and the testimony of witnesses whenever, in their judgment, it is necessary to do so for the effectual discharge of their duties;

12. Placing horses on the Stewards' List for unsatisfactory performance; and

13. Interpreting the regulations and deciding all questions of racing not specifically covered by the regulations.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 4, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-50. [Repealed]

Historical Notes

Derived from VR662-03-03 § 5, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; repealed, Virginia Register Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-60. Duties.

In addition to the duties necessary and pertinent to the general supervision, control and regulation of race meetings or satellite facilities, the stewards shall have the following specific duties:

1. Causing investigations to be made in all instances of possible violations of federal laws, state laws, local ordinances and regulations of the commission;

2. Being present within the enclosure at a race meeting no less than 90 minutes before post time of the first race and remaining until 15 minutes after the last race is declared "official";

3. Being present in the stewards' stand during the running of all races at race meetings;

4. Administering examinations for applicants applying for permits as trainers, jockeys, apprentice jockeys or farriers to determine the applicants' qualifications for the permits;

5. Determining the identification of horses;

6. Determining eligibility of horses for races restricted to Virginia breds;

7. Determining eligibility of a horse or person to participate in a race;

8. Supervising the taking of entries and the drawing of post positions;

9. Approving or denying requests for horses to be excused from racing;

10. Locking the totalizator at the start of the race so that no more pari-mutuel tickets may be sold;

11. Determining alleged violations of these regulations in the running of any race through their own observation or by patrol judges and posting the "inquiry" sign when there are alleged violations;

12. Determining alleged violations of these regulations in the running of any race brought to their attention by any participant and posting the "objection" sign when there are alleged violations;

13. Causing the "official" sign to be posted after determining the official order of finish for the purposes of the pari-mutuel payout;

14. Reviewing the video tapes of the previous day's races and determining the jockeys who should review the films for instructional purposes;

15. Making periodic inspections of the facilities within the enclosure at race meetings, including but not limited to the stable area, paddock, and jockeys' room;

16. Reporting their findings of their periodic inspections of the facilities to the commission;

17. Filing with the commission a written daily report during race meetings. Such report shall contain a detailed written record of all questions, disputes, protests, complaints or objections brought to the attention of the stewards, a summary of any interviews relating to these actions, copies of any rulings issued by the stewards, and any emergency actions taken and the basis for the actions;

18. Submitting to the commission after the conclusion of the race meeting a written report setting out their findings on the conduct of the race meeting, the condition of the facilities and any recommendation for improvement that they deem appropriate; and

19. Imposing any of the following penalties on a licensee, participant or permit holder for a violation of these regulations:

a. Issue a reprimand;

b. Assess a fine;

c. Require forfeiture or redistribution of a purse or award;

d. Place a permit holder or participant on probation with or without conditions;

e. Suspend a permit holder or participant with or without conditions;

f. Revoke a permit;

g. Exclude from the grounds under the jurisdiction of the commission; or

h. Any combination of the above.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 6, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-70. Objections and protests.

The stewards receive and hear all objections lodged by trainers, owners, jockeys or drivers after the completion of a race, and all protests lodged by holders of a permit before or after the completion of a race under the following provisions:

1. The stewards shall keep a written record of all objections and protests;

2. Jockeys shall indicate their intention of lodging an objection in a manner prescribed by the stewards;

3. Drivers shall indicate their intention of lodging an objection immediately after the race by reporting to the patrol judge;

4. If the placement of the starting gate or line is in error, a protest must be made prior to the time that the first horse enters the starting gate or line;

5. Protests, other than those arising out of the running of a race, shall be in writing, clearly stating the nature of the protest, signed by the holder of a permit making the protest, and filed with the stewards at least one hour before post time of the race out of which the protest arises;

6. Protests arising out of the running of a race must be made to the stewards as soon as possible after the completion of the race but before the race is declared official. The stewards may call and examine any witness regarding the protest;

7. Until a final determination is made on an objection or protest and any administrative remedies and all appeals thereof are exhausted, the purse money for the race shall be retained by the horsemen's bookkeeper or licensee and paid only upon the approval of the stewards or commission; and

8. A participant or holder of a permit may not withdraw a protest without the permission of the stewards.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 7, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-80. Period of authority.

The period of authority for each steward shall be established by contractual arrangement between each steward and the commission.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 8, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-90. Appointment of substitute.

If any steward is absent at the time of the running of the race or is otherwise unable to perform his duties, the other stewards and the executive secretary shall agree on the appointment of a substitute to act for the absent steward. If a substitute is appointed, the commission shall be notified immediately followed by a written report, stating the name of the substitute steward, the reason for his appointment, and the races over which the substitute officiated.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 9, eff. September 26, 1991; amended, Virginia Register Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006; Volume 25, Issue 15, eff. April 15, 2009.

11VAC10-70-100. Initiate action.

The stewards may, from their observations, take notice of misconduct or violation of this chapter and institute investigations and disciplinary proceedings regarding possible violations of this chapter.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 10, eff. September 26, 1991.

11VAC10-70-110. Stewards hearings.

The following provisions shall apply to hearings conducted by the stewards:

1. The Senior Commonwealth Steward shall preside at the hearing or, in the case of satellite facilities, one steward shall conduct the hearing;

2. The steward or stewards may issue subpoenas to compel the attendance of witnesses or for the production of reports, books, papers, registration documents or any other materials they deem appropriate. However, nothing in this section shall be taken to authorize discovery proceedings;

3. The steward or stewards shall administer oaths to all witnesses;

4. The steward or stewards may examine any witnesses at hearings;

5. Written notice shall be given to the holder of a permit in a reasonable time prior to the hearing;

6. The written notice shall inform the holder of a permit of the charges against him, the basis thereof and possible penalties;

7. The holder of a permit shall be informed of his right to counsel, the right to present a defense including witnesses for that purpose, and the right to cross-examine any witnesses;

8. The steward or stewards may grant a continuance of any hearing for good cause; and

9. A recording of the proceedings shall be made and forwarded to the commission in the event of a request for a review of the decision of the steward or stewards.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 11, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998.

11VAC10-70-120. Emergency authority.

The stewards, in their discretion, may exercise emergency authority within the enclosure of a horse racing facility licensed by the commission under the following provisions:

1. When any racing official is unable to discharge his duties, the stewards may appoint a substitute;

2. The stewards may name a substitute jockey or driver for any horse;

3. The stewards may designate a substitute trainer for any horse; and

4. In the event of illness or injury to a horse or any other emergency before the start of a race, the stewards may excuse the horse from racing.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 12, eff. September 26, 1991.

11VAC10-70-130. Multiple wagering pools.

When the stewards determine that there is an irregular pattern of wagering or determine that the conduct of a race would not be in the best interests of horse racing in the Commonwealth, they have the authority to cancel any multiple wagering pool. The stewards shall submit a written report to the commission of every cancellation of a multiple wagering pool.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 13, eff. September 26, 1991.

11VAC10-70-140. Form reversal.

The stewards shall take notice of any reversal of form by any horse and shall conduct an inquiry of the horse's owner, trainer, jockey or driver, or other persons connected with the horse including any person found to have deliberately restrained or impeded a horse in order to cause it not to win or finish as near as possible to first.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 14, eff. September 26, 1991.

11VAC10-70-150. Extent of disqualification.

The stewards, in their discretion, may determine the extent of any disqualification and may place any disqualified horse behind others in the race with which it interfered or may place the offending horse last in the race.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 15, eff. September 26, 1991.

11VAC10-70-160. Disqualification of entry.

The stewards, in their discretion, may disqualify a coupled entry when they determine the act that led to the disqualification served to unduly benefit the other horse or horses in the coupled entry.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 16, eff. September 26, 1991.

11VAC10-70-170. Orders following disciplinary actions.

Any disciplinary action taken by the steward or stewards or by the commission shall be provided in writing to the person being disciplined, setting forth the federal or state law, local ordinance or regulation that was violated, the date of the violation, the factual or procedural basis of the finding, the extent of the disciplinary action taken, and the date when the disciplinary action is to take effect. The order following disciplinary action may be hand delivered or mailed to the person being disciplined, but in either case, the mode of delivery shall be duly certified by the sender. The sender shall use reasonable efforts to obtain acknowledgement of receipt by the recipient.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 17, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998; Volume 22, Issue 26, eff. September 4, 2006; Volume 22, Issue 25, eff. November 4, 2006.

11VAC10-70-180. Fines.

All fines imposed by the steward or stewards or by the commission shall be payable within 72 hours, excluding Saturdays, Sundays or holidays. Fines shall be payable in cash, checks or money orders.

Statutory Authority

§ 59.1-369 of the Code of Virginia.

Historical Notes

Derived from VR662-03-03 § 18, eff. September 26, 1991; amended, Virginia Register Volume 14, Issue 11, eff. March 19, 1998.

Forms (11VAC10-70)

Stewards' Decision (9/97).

Notice of Stewards Hearing (9/97).



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