OAC 325:70 — OBJECTIONS AND PROTESTS; HEARINGS AND APPEALS (§ 325:70-1-1 to 325:70-1-32)

The rules in this Chapter describe the requirements and procedures for the filing of objections and protests, the conduct of hearings and appeals, and define the role and responsibility of the Stewards regarding same as authorized under the provisions of the Oklahoma Horse Racing…

Notwithstanding any other provision in this Chapter, the time limitation on the filing of protests shall not apply in any case in which fraud or willful misconduct is alleged, provided that the Stewards are satisfied that the allegations are bona fide and susceptible to verificat…

No person shall knowingly file a frivolous, inaccurate, false, or untruthful objection or protest; nor shall any person present his/her objection or protest to the Stewards in a disrespectful or undignified manner. Notes Okla. Admin. Code § 325:70-1-11 AUTHORITY: OK-OAC 3A O.S., …

If a protest against a horse which has run in a race is declared valid, that horse may be disqualified. A horse so disqualified is a starter in the said race, and may be placed last in the order of finish or may be unplaced. The Stewards or the Commission may order any purse, awa…

Adequate notice of hearing shall be given to every summoned person in accordance with the procedures set forth in 325:1-1-13. Every person alleged to have committed a rule violation or who is called to testify before the Stewards is entitled at the person's expense to have counse…

(a) In any proceeding before the Commission or the Board of Stewards, any attorney appearing for a party shall file with the Stewards Clerk an entry of appearance no later than the first filing of any pleading or other paper in the case by that counsel or the first appearance bef…

(a) Every person called to a hearing before the Stewards concerning an alleged rule violation shall be allowed to present testimony, produce witnesses, cross-examine witnesses, and present documentary evidence in accordance with the applicable provisions of the Administrative Pro…

It is the duty and obligation of every licensee to make full disclosure at a hearing before the Commission or before the Stewards of any knowledge s/he possesses of a violation of any racing law or of the rules and regulations of the Commission. No person may refuse to testify at…

Any licensee or summoned person who fails to appear before the Stewards or the Commission after having been ordered personally or in writing to do so, may be suspended pending appearance before the Stewards or the Commission. Nonappearance of a summoned person after adequate noti…

All hearings before the Commission and any inquiry or hearing before the Stewards shall be recorded except matters before the Stewards regarding disqualifications of horses for interference during the running of a race. That portion of an inquiry or hearing constituting deliberat…

A majority vote shall decide any question to which the authority of the Stewards extends. If a vote is not unanimous, the dissenting Steward may provide a written record to the Commission of the reasons for such dissent within seventy-two (72) hours of the vote. [3A:204] Notes Ok…

Any ruling or order issued by the Stewards shall specify the full name of the licensee or person subject to the ruling or order; most recent address on file with the Commission; date of birth; statement of the offense charged including any rule number; date of ruling; fine and/or…

In addition to the definitions provided in Section 200.1 of Title 3A, of the Oklahoma Statutes, the following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Act" means the Oklahoma Horse Racing Act [3A…

(a) If the Stewards or the Commission find that the public health, safety, or welfare requires emergency action and incorporates such finding to that effect in any Order, summary suspension of any licensee may be ordered pending proceedings for revocation or other action, which p…

Unless execution of an order of suspension or revocation is stayed by the Commission or a court of competent jurisdiction, a person's occupation license, suspended or revoked, shall remain suspended or revoked until the final determination has been made pursuant to the provisions…

Any decision of the Stewards, except decisions regarding disqualifications for interference during the running of the race and summary suspensions, may be appealed to the Commission, as specified in 325:70-1-23 and 325:70-1-24. Such decisions may be overruled, referred back to th…

(a) The Commission shall review hearings of any case referred to the Commission by the Stewards or appealed to the Commission from the decisions of the Stewards except as otherwise provided in this Chapter. Upon every appealable decision of the Stewards, the person subject to the…

(a) Both appellant and appellee are entitled to have counsel present to present arguments. The appeal hearing is a hearing on the record and not a new hearing; therefore, presentations by both sides will be limited to arguments and/or comments regarding the record of the Stewards…

When directed by the Commission, any qualified person(s) may serve as a hearing examiner(s) for any matter pending before the Commission. A matter before the hearing examiner shall be governed by the Act, the Rules, and the Administrative Procedures Act. The hearing examiner shal…

(a) Persons aggrieved as the result of a Stewards' ruling in a preliminary or trial race may request a hearing before the Executive Director of the Commission to review same. If all interested parties waive the right to receive notice of hearing, such a hearing may be heard on a …

(a) The Executive Director may, upon consultation with and the direction of a minimum of three Commissioners, issue or deny a temporary stay order to stay execution of any ruling, Order, or decision of the Stewards except Stewards' decisions regarding disqualifications for interf…

The Commission shall notify the Appellant and the Stewards of the date, time and location of its hearing in the matter upon appeal. The burden shall be on the Appellant to provide the facts necessary to sustain the appeal. Notes Okla. Admin. Code § 325:70-1-28 Amended at 16 Ok Re…

Any complaint against a Racing Official other than a Steward shall be made to the Stewards in writing and signed by the complainant. All such complaints shall be reported to the Commission by the Stewards, together with a report of the action taken or the recommendation of the St…

The Stewards shall make diligent inquiry or investigation into any complaint, objection or protest made either upon their own motion, by any Racing Official, or by any other person empowered by this Chapter to make such complaint, protest or objection [3A:204 and 3A:203.4]. Notes…

In all hearings, the Chairperson, Chief Steward or such other person as may be designated, shall make rulings on admissibility and introduction of evidence. Such a ruling shall prevail; except when a Commission member or a Steward requests a poll of the panel, and the ruling is o…

(a) Pleadings shall be filed with the Commission and include appeals, applications, answers, complaints, exceptions, replies and motions. Regardless of an error in designation, a pleading shall be accorded its true status in the proceeding in which it is filed. (b) A request for …

Discovery shall be in accordance with the Oklahoma Administrative Procedures Act and these rules. Notes Okla. Admin. Code § 325:70-1-32 Adopted by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/14/2019 AUTHORITY: OK-OAC 3A O.S., § 204(A)

Objections to the participation of a horse entered in any race shall be made to the Stewards in writing and signed by the objector. Except for claim of foul or interference, an objection to a horse entered in a race shall be made not later than two hours prior to the scheduled po…

An objection to a horse which is entered in a race shall be made on but not limited to the following grounds or reasons: (1) A misstatement, error or omission in the entry under which a horse is to run. (2) That the horse which is entered to run is not the horse it is represented…

The Stewards may scratch from the race any horse which is the subject of an objection if they have reasonable cause to believe that the objection is valid. Notes Okla. Admin. Code § 325:70-1-6 AUTHORITY: OK-OAC 3A O.S., § 204(A)

A protest against any horse which has started in a race shall be made to the Stewards in writing, signed by the protester, within 48 hours of the race, except as noted in 325:70-1-10. Any such protest shall set forth the specific reason or reasons for the protest in such detail a…

A protest may be made upon the following grounds: (1) Any grounds for objection set forth in 325:70-1-5, except 325:70-1-5(5). (2) That the order of finish as officially determined by the Stewards was incorrect due to oversight or errors in the numbers designated to the horses wh…

A Jockey, Trainer, Owner, or Authorized Agent of the horse which is entered or is a starter in a race is empowered to file an objection or protest against any other horse in such race upon the grounds set forth in this Chapter for objections and protests. Notes Okla. Admin. Code …

Figure 1 Notes Okla. Admin. Code tit. 325, ch. 70, app A Added at 16 Ok Reg 2895, eff 7-12-99