8.22.3008    OBJECTIONS - PROTESTS

(1) A protest, except a protest involving fraud, may be filed only by the owner (or his authorized agent) , trainer, jockey of a horse engaged in the race over which the protest is made or by a racing official of the meeting.

(2) A protest involving fraud may be made by any person.

(3) A protest, except a claim growing out of happenings in the running of the race, must be made in writing, signed by the complainant and filed with the stewards before post time of the race in question.

(4) To merit consideration, a protest against the programmed distance of a race must be made at least 30 minutes before post time for that race, but nothing in this rule shall affect the rule for races run at a wrong distance as compared with the official program.

(5) To merit consideration, an objection against a horse based on a happening in a race must be made to the stewards before the placing of the horses for that race has been officially confirmed. Objections may be lodged by the horse's owner, trainer or jockey.

(6) If a jockey wishes to lodge an objection regarding a happening in a race, the jockey must notify the clerk of the scales immediately upon the jockey's arrival at the scales for weighing in.   The clerk of scales will thereupon put the jockey in touch with the stewards by telephone.

(7) Pending the determination of a protest against a steward's decision, any money or prize won by a protested horse, or any other money affected by the outcome of the protest shall be held by the licensee until the protest is determined.

(8) A protest against a steward's decision may not be withdrawn without permission of the board.

(9) No person shall make frivolous objections or protests.

(10) The stewards shall keep a record of all objections and protests and of any action taken thereon and shall report both daily to the board.

(11) In the event of mechanical failure or interference during the running of a race which affects one or more of the horses in such race, the stewards may declare the race as no contest.   Any wagers on such races called off, canceled or declared as no contest shall be refunded, and no purse, prize or stakes shall be awarded.   A race shall be canceled if no horse covers the course.

History: 23-4-202, MCA; IMP, 23-4-104, MCA; Eff. 12/31/72; AMD, Eff. 5/5/74; EMERG, AMD, Eff. 7/3/74; AMD, Eff. 10/5/74; AMD, Eff. 4/4/75; AMD, Eff. 5/6/76; AMD, Eff. 4/4/77; AMD, Eff. 8/4/77; EMERG, AMD, 1978 MAR p. 995, Eff. 7/15/78; AMD, 1979 MAR p. 39, Eff. 1/21/79; AMD, 1980 MAR p. 2434, Eff. 8/15/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 1082, Eff. 8/12/83; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; TRANS, from 32.28.808, 2015 MAR p. 2252, Eff. 12/25/15.