4-38-202.  Stewards.

(1) 

Terms Used In Utah Code 4-38-202

  • Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102
  • Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
(a)  The commission may delegate authority to enforce commission rules and this chapter to three stewards at each recognized race meet. At least one of the stewards shall be selected by the commission.

(b)  For the purpose of enforcing this chapter and the rules and orders of the commission, a decision by the stewards shall be passed by a majority vote.

(c)  Stewards shall exercise reasonable and necessary authority as designated by rules of the commission including the following:

(i)  enforce rules of the commission;

(ii)  rule on the outcome of events;

(iii)  evict from an event any person who has been convicted of bookmaking, bribery, or attempts to alter the outcome of any race through tampering with any animal that is not in accordance with this chapter or the rules of the commission;

(iv)  levy fines not to exceed $2,500 for violations of rules of the commission, which fines shall be reported daily and paid to the commission within 48 hours of imposition and notice;

(v)  suspend licenses not to exceed one year for violations of rules of the commission, which suspension shall be reported to the commission daily;

(vi)  recommend that the commission impose fines or suspensions greater than permitted by Subsections (1)(c)(iv) and (v); and

(vii)  exclude a horse from a racetrack facility in this state, or prohibit a horse from participating in a horse race or race meet.

(2)  If a majority of the stewards agree, they may impose fines or suspend licenses.

(3) 

(a)  A fine or license suspension imposed by a steward may be appealed in writing to the commission within five days after the fine or license suspension imposition. The commission may affirm or reverse the decision of a steward or may increase or decrease any fine or suspension.

(b)  A fine imposed by the commission under this section or Section 4-38-301 may not exceed $5,000.

(c)  Suspensions of a license may be for any period of time but shall be commensurate with the seriousness of the offense.

Amended by Chapter 239, 2019 General Session