(1) It shall be the duty of each official to enforce state statutes pertaining to racing, rules of racing and directives issued by the board, orders and rules issued by the stewards, and all rulings as they may pertain to his official jurisdiction. Any official who fails to comply with this rule may be fined, suspended or dismissed by the board. Each official shall be required to sign a confidentiality statement, on a form prescribed by the board, before beginning his/her official duties. The statement shall provide, at a minimum, that unauthorized release of confidential information shall be grounds for termination and/or license discipline. 

(2) Classified as major officials are the following:

(a) stewards;

(b) racing secretary;

(c) starter;

(d) official veterinarian;

(e) state security;

(f) director of racing;

(g) assistant racing secretary;

(h) parimutuel manager;

(i) director of simulcast network; and

(j) horsemen's bookkeeper.

(3) Classified as minor officials are the following:

(a) handicapper;

(b) paddock judge;

(c) horse identifier;

(d) timer;

(e) clerk of scales;

(f) custodian of jockey room;

(g) stable superintendent;

(h) track superintendent;

(i) track manager;

(j) outrider;

(k) director of simulcast facility;

(l) assistant starter; and

(m) valet.

(4) No official shall act and the licensee shall not make any payment for any official's services, until said official is approved by the board and properly licensed, provided, in case of emergency, the licensee may appoint a substitute official for one race day.

(5) No major official specified in (2) (a) through (j) may actively or passively participate in a race meet, nor may a major official's spouse nor any other person who has a permanent or continuous residence in the household of the official actively or passively participate in a race meet, at which the major official is serving in an official capacity.

(a) "Active" participation shall include owning, training or wagering on a race horse.

(b) "Passive" participation shall include galloping, shoeing, ponying or transporting a race horse. The term does not include grooming.

(6) No minor official specified in (3) (a) through (k) may actively participate (as defined in (5) (a) above) , at a race meet at which the minor official is serving in an official capacity.

(7) No official shall participate in the sale, purchase or ownership of any horse racing at any race meet at which he is serving in an official capacity.

(8) No racing official shall directly or indirectly buy or sell any contract with any jockey or apprentice jockey for himself or another, nor shall he write or solicit horse insurance.

(9) No racing official shall directly or indirectly wager money or anything of value on the result of any race at any licensed race meeting at which he is serving in his official capacity.

History: 23-4-104, 23-4-202, 37-1-131, MCA; IMP, 23-4-104, 23-4-201, 23-4-202, 37-1-131, MCA; Eff. 12/31/72; AMD, Eff. 5/4/74; AMD, Eff. 4/4/77; AMD, 1979 MAR p. 39, Eff. 1/26/79; AMD, 1981 MAR p. 423, Eff. 5/1/81; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1988 MAR p. 569, Eff. 3/25/88; AMD, 1989 MAR p. 2189, Eff. 12/22/89; AMD, 1992 MAR p. 1605, Eff. 7/31/92; AMD, 1994 MAR p. 3184, Eff. 12/23/94; AMD, 1996 MAR p. 763, Eff. 3/22/96; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; AMD, 2004 MAR p. 1327, Eff. 6/4/04; AMD, 2006 MAR p. 680, Eff. 3/10/06; TRANS, from 32.28.601, 2015 MAR p. 2252, Eff. 12/25/15.