Section R19-2-309. Officials

A.      Generally.

1.        In this Article, the term track official means the following persons employed by a permittee and approved and licensed by the Department: Director of Racing, one steward, pari-mutuel manager, clerk of  scales, starter, timer, paddock judge, track veterinarian, track superin- tendent, racing secretary, assistant racing secretary, chart writer, kennel master, and operator of the mechanical lure.

2.        In this Article, the term Department official means the following persons appointed by and representing the Department: two stewards, state pari-mutuel supervisor, state veterinarian, and an investigator.

3.        A person may serve in more than one position as a track or Department official if the person can do so without detriment to any of the other positions and the person has the consent and approval of the Department except that neither the racing secretary nor the permittee director of racing may serve as a steward.

4.        A ruling by the stewards is controlling if made by a majority of the stewards.

5.        Vacancies.

a.         When a vacancy occurs among officials other than stewards, the stewards shall fill the vacancy before post time of the first race of the day or when the vacancy occurs. An appointment made by the stew- ards is effective only for the day it is made unless the permittee fails to fill the vacancy on the following day and notifies the stewards of its action not less than one hour before post time of the first race of the following day. A permittee shall promptly report the appointment of an official to the Department.

b.        If a vacancy occurs among the stewards, the stew- ards present shall appoint one or two persons to serve as temporary stewards. The stewards making an appointment under this subsection shall report the appointment in writing to the Department.

c.         In case of emergency, the stewards may appoint a substitute official to fill a vacancy for only as long as the emergency exists.

6.        The Department shall not appoint or license minors as officials.

7.        A person with an interest in the result of a race because of an ownership interest in an entered greyhound or a wager shall not act as an official at the race meet.

B.       Prohibited acts.

1.        An official or the official’s assistant shall not purchase pari-mutuel tickets on races.

2.        An official or the official’s assistant shall not consume alcoholic beverages while on duty.

3.        A licensee or an employee of a permittee shall not accept, directly or indirectly, a bribe, gift, or gratuity in any form that is intended to or might influence the results of any race or the conduct of any race meet.

4.        An official or employee of a permittee shall not write or solicit dog insurance at a race meet.

C.      An official or employee of a permittee shall report all observed violations of this Chapter to the stewards.

D.      Complaints.

1.        A person with a grievance or complaint against a track official, an employee of the permittee, or a licensee shall submit the grievance or complaint to the stewards in writ- ing within five days of the alleged act or behavior omis- sion giving rise to the grievance or complaint. The stewards shall consider the matter, take whatever action is deemed to be appropriate, and make a full written report of their action to the Department.

2.        A person with a grievance or complaint against an official or employee of the Department shall submit the com- plaint or grievance to the Director or designee in writing within five days of the alleged act or omission giving rise to the complaint or grievance.

3.        The Department shall take disciplinary action allowed under A.R.S. Title 5, Chapter 1 and this Chapter against an official or employee of the Department who fails to comply with this Chapter.

E.       Stewards.

1.        Two stewards appointed by the Director and one steward appointed by the permittee and licensed by the Depart- ment shall supervise each race meet.

a.         The stewards shall be in attendance at the office of the racing secretary or on the grounds of the permit- tee on any day that entries are taken or racing is con- ducted and represent the Department in all matters pertaining to the enforcement and interpretation of

A.R.S. Title 5, Chapter 1 and this Chapter.

b.        The stewards shall advise the Director of all rulings made and hearings held.

c.         If a steward is unable to perform the steward’s duties for more than one day, the steward shall immedi- ately notify the Director so an alternate steward may be named to act in the steward’s place.

2.        The stewards shall enforce A.R.S. Title 5, Chapter 1 and this Chapter.

3.        The stewards shall interpret A.R.S. Title 5, Chapter 1 and this Chapter and decide all questions not specifically cov- ered by A.R.S. Title 5, Chapter 1 and this Chapter. In all interpretations and decisions, an order of the stewards supersedes an order of the permittee.

a.         The stewards shall have control over and free access to all stands, enclosures, and all other places within the grounds of the permittee.

b.        The stewards shall investigate and render a decision promptly on each objection properly made to them under R19-2-320. Even if all stewards agree on a

ruling, only a majority of the stewards need to sign the ruling.

c.         The stewards shall supervise all entries and declara- tions. The stewards may refuse entries or the transfer of entries for violation of A.R.S. Title 5, Chapter 1 and this Chapter.

d.        The stewards shall regulate and control the conduct of officials and other persons attending or participat- ing in any manner in a race meet.

e.         When necessary to maintain safety and health condi- tions and protect public confidence in the sport of racing, the stewards shall:

i.         Authorize a person to enter in or on and exam- ine the buildings, kennels, rooms, motor vehi- cles, trailers, or other places within the grounds of a permittee;

ii.        Inspect and examine the person, personal prop- erty, and effects of any person within the grounds of a permittee; and

iii.      Seize any items prohibited under R19-2-311(6) and (7) or any other illegal article.

f.         Under subsection (E)(6), the stewards may impose a civil penalty in an amount not to exceed $1,000 on any person subject to the stewards’ control for viola- tion of A.R.S. Title 5, Chapter 1 or this Chapter. After a hearing, the stewards may suspend a person violating A.R.S. Title 5, Chapter 1 or this Chapter for up to 60 days and may rule off a licensee violat- ing A.R.S. Title 5, Chapter 1 or this Chapter. The stewards may impose both a civil penalty and sus- pension for the same violation. The stewards may refer any ruling made by the stewards to the Direc- tor, recommending further action, including license revocation.

g.        Unless specifically ordered otherwise, if the stew- ards suspend one license held by an individual, all licenses held by the individual are suspended.

h.        If a laboratory report or other evidence shows the administration or presence of a foreign substance, the stewards shall immediately investigate the mat- ter and may disqualify the affected greyhound, sus- pend the trainer or other person involved, refer the matter to the Director, and impose a fine.

i.         A person or greyhound expelled or ruled off by a recognized racing authority for corrupt, fraudulent, or improper practice or conduct is ruled off wher- ever this Chapter has force.

j.         When a person is suspended, the stewards shall rule off every greyhound wholly or partly owned by the person for as long as the suspension continues. The suspended person shall not, whether acting as agent or otherwise, subscribe for, enter, or run a greyhound in any race, in either the person’s name or that of another person. The stewards shall disqualify a grey- hound if the suspended person is wholly or partly the owner, the greyhound is under the suspended per- son’s care, management, training, or supervision, or if the suspended person has any interest in the win- nings of the greyhound. At the time it is discovered, the stewards shall void an entry from a suspended person or for a greyhound that stands ruled off. The suspended person shall forfeit the entry or subscrip- tion money and return the money or prize won.

4.        The stewards may excuse a greyhound that has left the paddock for the post if the stewards consider the grey- hound to be disabled or unfit to run.

5.        The stewards shall determine the finish of a race by the relative position of the muzzles or noses of each grey- hound. At the end of a race, the stewards shall immedi- ately notify the permittee pari-mutuel department of the numbers of the first four greyhounds.

a.         The stewards shall promptly display the numbers of the first four greyhounds in each race in order that they finished. If the stewards differ as to the order in which the greyhounds finished, the conclusion of the majority of the stewards shall prevail.

b.        The stewards may review the photo-finish picture provided by the permittee to aid the stewards in determining the finish of a race.

i.         If the photo-finish picture furnished by the per- mittee is not adequate or usable, the stewards shall make the final decision.

ii.        If the stewards consider it advisable to review a photo-finish picture, the stewards may post the placements that the stewards determine are unquestionable without waiting for a picture. After reviewing the picture, the stewards shall post the other placements. The stewards shall not declare a race official until the stewards have determined the greyhounds finishing first, second, third, and fourth.

c.         This Chapter shall not prevent the stewards from correcting an error before the display of the sign “official” or from recalling the sign “official” if it is displayed through error.

6.        The stewards shall adhere to the following procedure when the stewards have reason to believe that a person has violated A.R.S. Title 5, Chapter 1 or this Chapter:

a.         The stewards shall summon the person to a hearing with all the stewards present;

b.        The stewards shall give 24-hours’ written notice of the hearing to the person using a form supplied by the Department. The stewards shall time and date the notice, and the person notified shall sign the notice and return it to the stewards. The stewards shall retain the original notice and include the notice as part of the case file. The steward shall give a copy of the notice to the person summoned;

c.         Except as provided in subsection (E)(6)(g), the stew- ards shall not impose a penalty without a hearing;

d.        If a summoned person fails to appear at a scheduled hearing, the person waives the right to a hearing before the stewards;

e.         The stewards shall permit the summoned person to present witnesses on the person’s behalf;

f.         The stewards shall take appropriate action, including suspension, civil penalty, or both if there is substan- tial evidence to find a violation of A.R.S. Title 5, Chapter 1 or this Chapter. The stewards shall promptly forward the written decision or ruling to the Director and to the summoned person;

g.        The stewards may summarily declare a greyhound scratched and may suspend a license pending a stew- ards’ hearing if the stewards make a specific finding that the action is in the best interest of the public health, safety, and welfare;

h.        The stewards shall recover and forward to the Department any license the stewards suspend;

i.         The stewards shall act by majority vote on all mat- ters within the stewards’ jurisdiction;

j.         The stewards have the power to modify, change, or remit any ruling imposed by the stewards; and

k.        A licensee shall promptly pay to the Department any civil penalty imposed by the stewards for deposit with the state treasurer.

7.        During a term of suspension of an owner, trainer, or other person at a location under the jurisdiction of the Depart- ment, the stewards and permittee shall ensure that a rul- ing against the owner, trainer, or other person is enforced.

F.       Racing secretary.

1.        The racing secretary shall report to the stewards all viola- tions of A.R.S. Title 5, Chapter 1 and this Chapter or of the regulations of the permittee that come to the racing secretary’s attention.

2.        The racing secretary shall keep a complete record of all races.

3.        The racing secretary or designee shall inspect all docu- ments dealing with owners and trainers, partner agree- ments, appointments of authorized agents, and adoption of kennel names. The racing secretary may demand pro- duction of documents to verify their validity and authen- ticity and to ensure that A.R.S. Chapter 5, Article 1 and this Chapter has been followed.

4.        The racing secretary shall write the conditions of all races and publish the conditions sufficiently before  closing time for entries to allow the conditions to be read by all owners and trainers. The racing secretary shall not alter the conditions of the races after closing time. The racing secretary shall not write race conditions that conflict with

A.R.S. Title 5, Chapter 1 or this Chapter.

5.        The racing secretary shall act as the official handicapper in all races.

6.        The racing secretary shall determine the character and condition of substitute and extra races and shall submit the substitute and extra races to the stewards for approval.

a.         A substitute or extra race shall not carry a lower guaranteed purse than the race the substitute or extra race replaces; and

b.        If a race is canceled, the racing secretary may split any race programmed for the same day that previ- ously was closed.

7.        The racing secretary or designee shall conduct the draw- ing of greyhounds for all races and immediately post an overnight listing of the greyhounds in each race.

8.        The racing secretary shall not allow a greyhound to start in a race unless the greyhound is entered in the name of the greyhound’s legal owner and the owner’s name appears on the greyhound’s registration papers or on a legal lease or bill of sale attached to the greyhound’s reg- istration papers.

G.      Assistant racing secretary. The duty of the assistant racing sec- retary shall, under the racing secretary’s supervision, assist the racing secretary to perform the racing secretary’s duties.

H.      Starter.

1.        The starter has:

a.         Complete jurisdiction over the start of any field of greyhounds,

b.        Authority to give orders necessary to ensure a fair start, and

c.         Authority to recommend to the stewards that a per- son be fined or suspended for violating the starter’s orders.

2.        The starter shall ensure that a greyhound starts from a starting box approved by the Department. The starter shall ensure there is no start until, and no recall after, the doors of the starting box have opened. The starter shall report any cause of delay to the stewards.

3.        A false start due to faulty action of the starting box, break in the machinery, or other cause, is void. The greyhounds may be started again as soon as practicable or the race may be canceled at the discretion of the stewards.

I.        Clerk of the scales.

1.        The clerk of the scales shall:

a.         Weigh all greyhounds in and out with the grey- hound’s muzzle, collar, and lead strap;

b.        Post the scale sheet of weights promptly after weigh- ing;

c.         Prevent any greyhound from passing the scales or running with an overweight or an underweight of more than two pounds. The clerk of scales shall promptly notify the paddock judge, who shall report to the stewards, any infraction of this Chapter regarding weight or weighing; and

d.        Report all late scratches and weights on a bulletin board located in a place conspicuous to the wagering public.

2.        As each greyhound is weighed in, the clerk of scales shall attach an identification tag to the greyhound’s collar indi- cating the number of the race in which the greyhound is entered and the greyhound’s post position. The clerk of the scales shall remove the identification tag when the greyhound is weighed out and blanketed.

3.        The clerk of the scales shall report to the stewards any violations of this Chapter regarding weight requirements or any attempt to alter specified weights.

4.        The clerk of scales shall keep a list of all greyhounds known as “weight losers” and notify the presiding stew- ard of the greyhound’s weight loss before each race.

J.        Paddock judge and kennel master.

1.        Identification of greyhounds.

a.         The paddock judge shall check all greyhounds for each race.

b.        The paddock judge shall ensure that a greyhound does not start in a schooling or purse race unless the greyhound is fully identified and checked against the card index system of identification maintained by the permittee. The paddock judge shall complete an identification card for each greyhound before the greyhound is entered for a schooling or purse race.

c.         A permittee shall keep and maintain a card index system for identification of each greyhound that races at a race meet. The permittee shall ensure that the cards in the index system of identification con- tain the names of the owner and trainer and the breeding, weight, color, sex, and characteristic markings, tattoos, scars, and other identification fea- tures peculiar to the greyhound.

2.        Under supervision of the paddock judge, the kennel mas- ter shall unlock the kennels immediately before weigh-in time and determine whether the kennels are in perfect repair and nothing has been deposited in the kennels for the greyhounds to consume. The kennel master shall ensure that the kennels are sprayed, disinfected, and kept in proper sanitary condition. The kennel master or assis- tant shall receive the greyhounds from their trainers, one at a time, ensure that the greyhounds are placed in their kennels, and remain on guard from that time until the greyhounds are removed for the last race.

3.        The paddock judge shall ensure that only a greyhound’s licensed owner, trainer, or assistant trainer present the greyhound to the clerk of the scales for weigh in before a race.

4.        After the greyhounds are placed in the lockout kennels, only the kennel master, track official, person approved by the Department, or a designated representative of the Department is allowed in or near the lockout kennels.

5.        Before post time, the paddock judge shall carefully com- pare the identification card with the greyhound while the greyhound is in the paddock.

6.        Before the greyhound leaves the paddock for the starting box, the paddock judge shall ensure that the greyhound is equipped with a regulation muzzle and blanket. The pad- dock judge shall approve the muzzles and blankets and carefully examine the muzzles and blankets in the pad- dock before the greyhound leaves for the post.

7.        The paddock judge shall keep on hand, ready for use, extra muzzles of all sizes, lead straps, and collars.

8.        The paddock judge shall report all practices and irregular- ities in violation of A.R.S. Title 5, Chapter 1 or this Chap- ter to the stewards.

K.      Timer.

1.        The timer or a steward shall accurately record the official time of each race, which begins when the doors of the starting box open.

2.        A permittee shall install an automatic timing device approved by the Department. The timer shall use the time shown on the timing device as the official time of a race if the timer is satisfied that the timing device is functioning properly. If the timing device is not functioning properly, the timer shall use the time shown on the stopwatch the timer operates. The track announcer shall announce the time to the public if the stopwatch time is used as the offi- cial time of the race.

L.       Chart writer.

1.        The chart writer shall compile the information necessary for an official race program printed for each racing day. The official race program shall list the names of the grey- hounds scheduled to run in each of the races for that day. The names of the greyhounds shall appear in the order of post position designated by numerals placed at the left and in line with the names of the greyhounds. The numer- als shall also be prominently displayed on each grey- hound.

2.        The chart writer shall ensure that all past performances of a greyhound shown in the official race program appear in dated, chronological, order of the greyhound’s races or official schoolings, with the last performance appearing on the first line. The chart writer shall also ensure that the official race program contains the name, color, sex, date of whelping, breeding, established racing weight, number of starts in official races, number of times finishing first, second, and third, names of the owner and trainer, dis- tance of the race, the track record, and any other informa- tion that will enable the public to judge the greyhound’s ability properly.

3.        When the name of a greyhound is changed, the chart writer shall ensure that both the new name and the former name are published in the official entries and official race program for the greyhound’s next three starts.

M.     Veterinarians.

1.        The Department shall approve two official veterinarians who are licensed to practice veterinary medicine in the state of Arizona. Each permittee shall employ one official veterinarian, who is known as the track veterinarian. The Department shall employ the other official veterinarian, who is called the state veterinarian.

2.        The state veterinarian shall be in charge of all sample col- lection.

3.        The track veterinarian shall be present during all official races and schooling races. The track veterinarian shall observe each greyhound as the greyhound enters the lock- out kennel, examine the greyhound when it enters the paddock before the race, and recommend to the stewards that a greyhound be scratched when the veterinarian deems the greyhound unsafe to race or physically unfit to produce a satisfactory effort in a race.

4.        The track veterinarian shall place a greyhound deemed unsafe, unsound, or unfit on a suspension list and post the suspension list in a conspicuous place available to all owners, trainers, and officials.

5.        After a greyhound is placed on a suspension list, the grey- hound shall not race until the greyhound is removed from the suspension list by the track veterinarian with the approval of the state veterinarian.

6.        At a time chosen by the Department, the state veterinar- ian shall inspect the condition of every kennel at the track of a permittee  and file a report with the  Department regarding the inspection. The state veterinarian shall include in the report the general physical condition of the dogs, sanitary conditions of the kennels, segregation of bitches in season, segregation of sick dogs, the types of medicine found in use, and other matters or conditions the state veterinarian deems worthy of note.

7.        The entry of a greyhound on the state veterinarian’s sus- pension list is accepted only after final approval by both the track and state veterinarians and after a minimum of three days from the date the greyhound was placed on the veterinarians’ list.

8.        A veterinarian licensed by the Department shall keep a written record of the veterinarian’s practice on the grounds of a permittee relating to greyhounds participat- ing in racing.

a.         The veterinarian shall include the following in the record:

i.         The name of the greyhound treated,

ii.        The nature of the greyhound’s ailment,

iii.      The type of treatment prescribed and performed for the greyhound, and

iv.       The date and time of the treatment.

b.        The veterinarian shall keep the record for practice engaged in at all licensed tracks.

c.         The veterinarian shall produce the record without delay on request of the stewards or the Department.

d.        A veterinarian engaged in private practice at a loca- tion under the jurisdiction of the Department shall be licensed by both the Arizona State Board of Veteri- narian Medical Examiners and the Department.

e.         Except in case of an emergency, a veterinarian who administers to or prescribes for a greyhound on the premises of a permittee shall be licensed by the Department.

f.         The Department shall evaluate all new and experi- mental medications and drugs and determine whether the medications and drugs may be used on the grounds of a permittee.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4).

Amended subsections (A) and (E) effective November  30, 1988 (Supp. 88-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-309 recodified from R4-27- 309 (Supp. 95-1). Amended effective August 7, 1996 (Supp. 96-3). Amended by final rulemaking at 11 A.A.R. 5534, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 19 A.A.R. 3412, effective Novem-

ber 30, 2013 (Supp. 13-4).