8.22.2502 BOARD OF STEWARDS
(1) The stewards shall conduct summary hearings with respect to the violations of the rules of the board and Montana Code Annotated which have occurred during the period of a race meeting.
(2) The stewards shall hear the violations which have been committed at the race meeting for which they were appointed. The stewards shall rule upon each violation according to the appropriate rules of racing and shall report their ruling to the board promptly thereafter.
(3) Any persons affected by a ruling of the stewards may appeal to the board in the manner prescribed by the following rules of procedure:
(a) No appeal shall be heard by the board and there shall be no appeal taken unless a written petition is filed with the board not later than 15 days after issuance of the order, regulation, rule or ruling.
(b) No appeal of a steward's decision disqualifying a horse in a race shall be heard by the board and there shall be no appeal taken until the stewards are notified before release of purses, and unless a written petition is filed with the board not later than three days after issuance of the ruling.
(4) All cases, except appeal of a stewards' decision disqualifying a horse in a race, shall be tried de novo on appeal to the board.
(5) In cases involving appeal to the board of a stewards' decision disqualifying a horse in a race the decision of the stewards shall not be changed unless:
(a) The board determines that there was collusion affecting the stewards' decision; or
(b) The board determines that actual bias or prejudice on the part of one or more stewards affected the stewards' decision; or
(c) The stewards' decision was the result of an incorrect interpretation of a statute or rule applicable to the circumstances of the race; or
(d) The stewards' decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.
History: 23-4-202, MCA; IMP, 23-4-202, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1985 MAR p. 1912, Eff. 12/13/85; AMD, 1994 MAR p. 3184, Eff. 12/23/94; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; TRANS, from 32.28.302, 2015 MAR p. 2252, Eff. 12/25/15.