Disqualified jockey Danny Nikolic has failed in his bid to have misconduct charges thrown out on the basis he was not bound by the Rules of Racing when they were issued.

Lawyers for Nikolic argued at a hearing last week before Victoria's Racing Appeals and Disciplinary (RAD) Board that stewards did not have the authority to issue the charges relating to an incident between steward Wade Hadley and the jockey.

Nikolic has been charged with intimidating Hadley inside and outside the hearing room during his unsuccessful appeal against a two-year disqualification before the Victorian Civil and Administrative Tribunal in November.

The RAD Board determined on Monday that Nikolic was bound by the Rules and it had the jurisdiction to hear the case.

However, an issue of procedural fairness raised by counsel for Nikolic will be considered by the RAD Board after it receives written submissions from legal representatives for Nikolic and RV stewards.

Nikolic is serving a two-year ban for threatening and abusing chief steward Terry Bailey at a race meeting at Seymour in September last year.