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8.22.3302    DEFINITION OF CONDUCT DETRIMENTAL TO THE BEST INTERESTS OF RACING

(1) For the purpose of implementing 23-4-202(2) , MCA, as amended, and also of defining conduct which the board considers detrimental to the best interest of racing, the board rules that the following conduct is detrimental to the best interest of racing but these rules are not intended to limit the application of the phrase or otherwise to be exclusive: 

(a) disturbance of the peace on the grounds of a race meet;

(b) fighting, brawling, assault, intimidation, causing an altercation or participating in an altercation on the grounds of a race meet;

(c) use of boisterous, abusive and excessive profanity on the grounds of a race meet;

(d) committing moving traffic motor vehicle violations on the premises of a race meet;

(e) carrying fire arms or other dangerous weapons on the grounds of a race meet;

(f) mutilating or maiming of a race horse or other animal;

(g) possession, sale or giving away a controlled drug or other chemical substance on the grounds of a race meet without a valid prescription;

(h) negotiating stolen checks and issuing bad checks;

(i) having been convicted of a crime involving horse racing or a felony but not having completed state supervision;

(j) making unwarranted or frivolous claims of foul;

(k) disobeying orders from stewards;

(l) entering a horse at more than one race meet on the same day.

(m) wagering money or anything of value either directly or indirectly, on the result of any race at any licensed race meet in this state, by any presiding licensed official.

(n) making frivolous appeals from stewards rulings;

(o) violating the board's corrupt practices rules;

(p) violating statutes and rules relating to horse race regulation in the state of Montana.

(q) failing to cooperate with an investigation by the board, or by a board of stewards, by:

(i) not furnishing requested papers or documents;

(ii) not furnishing a full and complete explanation of matters referred to in a complaint filed with the board;

(iii) not responding to subpoenas issued by the board;

(iv) willfully misrepresenting facts to a board investigator;

(v) using threats, harassment, extortion or bribery on potential witnesses to discourage them from cooperating with an investigation or from testifying.

History: 23-4-104, 23-4-202, 37-1-131, MCA; IMP, 23-4-106, 23-4-202, MCA; NEW, 1983 MAR p. 1082, Eff. 8/12/83; AMD, 1985 MAR p. 1912, Eff. 12/13/85; AMD, 1988 MAR p. 569, Eff. 3/25/88; AMD, 1990 MAR p. 1891, Eff. 10/12/90; AMD, 1991 MAR p. 355, Eff. 3/29/91; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; TRANS, from 32.28.1502, 2015 MAR p. 2252, Eff. 12/25/15.

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