NDAC 69.5-01-03-09
Appeals from stewards' hearings
Cite as N.D. Admin. Code ยง 69.5-01-03-09
1.
Any licensee aggrieved by the imposition by the stewards of any fee or suspension may
appeal to the commission. Appeals must be in writing and filed with the commission within
fourteen days of the stewards' order. The stewards shall, in that event, forward to the
commission their charges and evidence for an administrative hearing (de novo) by the
commission upon all the evidence pursuant to North Dakota Century Code chapter 28-32. No
appeal from a stewards' order to the commission shall stay or supersede the penalty imposed
by the stewards unless the commission shall order, in writing, a stay of the penalty.
2.
The stewards shall possess and may exercise emergency authority, as follows:
a.
Substitute officials. When in an emergency any official is unable to discharge the official's
duties, the stewards may approve the appointment of a substitute. The stewards shall
report such appointment immediately to the commission.
b.
Substitute jockeys. The stewards have the authority in an emergency to place a
substitute jockey on any horse in the event the trainer does not do so. Before using such
authority, the stewards shall attempt, in good faith, to contact the trainer to inform the
trainer of the emergency and to afford the trainer the opportunity to appoint a substitute
jockey. If the trainer cannot be contacted, or if the trainer is contacted but fails to appoint
a substitute jockey and to inform the stewards by thirty minutes prior to post time, then
the stewards may appoint under this rule.
c.
Substitute trainer. The stewards have the authority, in an emergency, to designate a
substitute trainer for any horse.
d.
Excuse horse. In case of accident or injury to a horse or any other emergency deemed to
exist by the stewards before the start of any race, the stewards may excuse the horse
from starting.
e.
Exercise authority. No licensee may exercise a horse on the track between races unless
upon the approval of the stewards.