DEPARTMENT OF AGRICULTURE
TREASURY
MICHIGAN GAMING CONTROL BOARD (MGCB)
OFFICE OF THE RACING
COMMISSIONER EXECUTIVE DIRECTOR
HORSE RACING GENERAL RULES
Filed with the secretary of state on
These rules take
effect immediately upon filing with the secretary of state unless adopted under
section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA
306, MCL 24.233, MCL 24.244, or MCL 24.245a. Rules adopted under
these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the office of racing
commissionerthe executive director by section 7 of the horse
racing law of 1995, 1995 PA 279, MCL 431.307)
R 431.1001, R 431.1005, R 431.1010, R 431.1015, R 431.1020, R 431.1025, R 431.1030, R 431.1035, R 431.1045, R 431.1060, R 431.1065, R 431.1070, R 431.1085, R 431.1095, R 431.1101, R 431.1105, R 431.1110, R 431.1115, R 431.1120, R 431.1125, R 431.1130, R 431.1140, R 431.1145, R 431.1150, R 431.1155, R 431.1160, R 431.1165, R 431.1175, R 431.1200, R 431.1205, R 431.1210, R 431.1215, R 431.1220, R 431.1230, R 431.1235, R 431.1240, R 431.1245, R 431.1250, R 431.1255, R 431.1260, R 431.1265, R 431.1270, R 431.1275, R 431.1280, R 431.1295, R 431.1301, R 431.1325, R 431.1330, R 431.1335, R 431.1340, R 431.2001, R 431.2010, R 431.2015, R 431.2020, R 431.2025, R 431.2030, R 431.2035, R 431.2050, R 431.2055, R 431.2060, R 431.2070, R 431.2075, R 431.2090, R 431.2120, R 431.3001, R 431.3005, R 431.3010, R 431.3020, R 431.3025, R 431.3030, R 431.3035, R 431.3040, R 431.3045, R 431.3055, R 431.3060, R 431.3065, R 431.3070, R 431.3075, R 431.3080, R 431.3090, R 431.3095, R 431.3101, R 431.3105, R 431.3110, R 431.3115, R 431.3120, R 431.3125, R 431.3130, R 431.3140, R 431.3145, R 431.3155, R 431.3160, R 431.3165, R 431.3170, R 431.3175, R 431.3180, R 431.3201, R 431.3205, R 431.3210, R 431.3215, R 431.3220, R 431.3225, R 431.3230, R 431.3235, R 431.3245, R 431.3250, R 431.3255, R 431.3260, R 431.3265, R 431.3270, R 431.3275, R 431.3290, R 431.3295, R 431.3301, R 431.3305, R 431.3310, R 431.4001, R 431.4005, R 431.4010, R 431.4015, R 431.4020, R 431.4025, R 431.4030, R 431.4035, R 431.4040, R 431.4045, R 431.4050, R 431.4055, R 431.4060, R 431.4070, R 431.4075, R 431.4080, R 431.4085, R 431.4090, R 431.4095, R 431.4100, R 431.4105, R 431.4110, R 431.4115, R 431.4125, R 431.4130, R 431.4135, R 431.4140, R 431.4145, R 431.4150, R 431.4155, R 431.4160, R 431.4170, R 431.4175, R 431.4180, R 431.4185, R 431.4190, R 431.4195, R 431.4200, R 431.4210, R 431.4215, R 431.4220, R 431.4225, R 431.4230, R 431.4240, R 431.4255, R 431.4260, R 431.4265, R 431.4270, R 431.4275, R 431.4280, R 431.4285, and R 431.4290 of the Michigan Administrative Code are amended, R 431.1047, R 431.1052, R 431.1261, R 431.1302, R 431.1303, R 431.1304, R 431.2036, R 431.2094, R 431.2096, R 431.3300, R 431.5001, R 431.5005, R 431.5010, R 431.5015, R 431.5020, R 431.5025, R 431.5030, R 431.5035, and R 431.5040 are added to the Code, and R 431.1050, R 431.1055, R 431.1075, R 431.1080, R 431.1090, R 431.1135, R 431.1180, R 431.1185, R 431.1190, R 431.1195, R 431.1285, R 431.1290, R 431.1999, R 431.2005, R 431.2040, R 431.2045, R 431.2061, R 431.2080, R 431.2095, R 431.2100, R 431.2105, R 431.2110, R 431.2115, R 431.3015, R 431.3050, R 431.3085, R 431.3240, R 431.4165, and R 431.4205 of the Code are rescinded, as follows:
PART 1. GENERAL PROVISIONS
R 431.1001 Definitions; A to C.
Rule 1001. As used in these rules:
(a) “Act” means the horse racing
law of 1995, Act No. 327 of the Public Acts of 1980, as amended,
being S 1995 PA 279, MCL 431.30161 to
431.336 et seq. of the Michigan Compiled Laws.
(b) “Age” means the number of years since a horse was foaled. Age is determined as if the horse were foaled on January 1 of the year in which the horse was foaled.
(bc) “Appeal” means
a written application to the commissioner executive director for review
of any decision, order, or ruling of the stewards or for review of any
administrative action by the commissioner executive director.
(cd) “Arrears” means
all sums that are due from a licensee, as reflected by the records of the commissioner
executive director or association, for any of the following:
(i) Fines or forfeitures.
(ii) Subscriptions.
(iii) Entrance money.
(iv) Jockey or driver fees.
(v) Any default incident to these rules.
(e) “Associated person” is the spouse of a disqualified person, or a companion, family member, employer, employee, partner, corporation, or other entity whose financial relationship with a disqualified person would give the appearance that the other person or entity would care for or train a racing animal or perform veterinary services on a racing animal for the benefit, credit, reputation, or satisfaction of the disqualified person.
(df) “Association” means
a legal entity that is licensed by the commissioner executive
director to conduct a race meeting.
(eg) “Authorized agent”
means a person who is licensed by the executive director to act on behalf of
a licensed owner and whose authority to act for and on behalf of the owner is
evidenced by an authorized agent application filed with and approved by the
executive director. An authorized agent shall not represent more than
two owners at any one timelicensee who is licensed by the commissioner to
act on behalf of another licensee and whose authority to act for and on behalf
of another licensee is evidenced by an application filed with the commissioner.
(fh) “Bleeder” means
a horse that is determined, by a gross or endoscopic examination that is conducted
by a licensed veterinarian or official veterinarian, who is employed
or licensed by the commissioner or another racing jurisdiction, to have
hemorrhaged from within the respiratory tract during a race or workouton the
grounds of a recognized meeting.
(i) “Claiming race” means a race in which a horse may be claimed pursuant to the rules promulgated under the act.
(gj) “Closing” means
a designated time when all entries in a race shall be and remain in the race,
unless excused by the stewards.
(hk) “Coggins test”
means a blood test to determine the presence of equine infectious anemia in a
horse.
(i) “Commissioner” means the racing commissioner.
(jl) “Complaint”
means a written or verbal statement submitted to the stewards or racing
commissioner executive director about an issue relating to the
conduct of racing.
R 431.1005 Definitions; D to F.
Rule 1005. As used in these rules:
(a) “Day” means a period of 24 hours beginning at 12:01 a.m. and ending at midnight.
(b) “Disciplinary action” means an
action taken by the stewards or commissioner executive director for
violation of the act or these rules and may include any of the following:
(i) Suspension of license.
(ii) Revocation of license.
(iii) Ruling off.
(iv) Expulsion.
(v) The assessment of a fine of
forfeiture.
(vi) Reprimand.
(vii) Any combination of paragraphs (i) to (vi) of this subdivision.
(c) “Disqualification” means an
order of the stewards or commissioner executive director which
revises the order of finish of a race.
(d) “Disqualified person” means a person who is ineligible for licensing under the act or a person whose licensed status is such that he or she is temporarily ineligible to participate in racing under these rules or those of any other racing jurisdiction.
(e) “Driver” means a person
licensed by the commissioner executive director to drive a
standardbred horse in harness.
(f) “Entered in a race” means a horse that has been drawn into a specific race.
(g) “Entry” means any of the following:
(i) The act of nominating a horse for a race.
(ii) A horse entered in a race.
(iii) Two or more horses which are entered in a race and which are coupled as a mutuel entry or joined in the mutuel field pursuant to rules promulgated under the act.
(h) “Executive director” means the executive director of the Michigan gaming control board under the authority granted in Executive Reorganization Order No. 2009-31, MCL 324.99919.
(if) “Expulsion” means
the unconditional exclusion from any participation, either directly or
indirectly, in the privileges and uses of the grounds of an association, or
any part thereof.
(g) “Foreign substance” means
a substance, or its metabolites, which does not exist naturally in an untreated
horse or, if natural to an untreated horse, exists at an unnaturally high
physiological concentration as a result of having been administered to the
horse.
(jh) “Forfeit” means
any of the following:
(i) mMoney due from a licensee because of his or her
error, fault, neglect of duty, or breach of contract.;
(ii)
tThe loss or return of purse money resulting from a ruling of the
stewards or commissionerexecutive
director.; or
(iii)
aA fine assessed a licensee by the stewards or commissionerexecutive
director.
(ki) “Futurity”
means a stake in which the dam of the competing horse is nominated either when
in foal or during the year of foaling.
R 431.1010 Definitions; G to MN.
Rule 1010. As used in these rules:
(a) “Grounds” means the entire premises under the control of an association, including appurtenant parking areas and spectator areas.
(b) “Horse” means an equine belonging to a breed eligible to race under these rules and, when used in this part, designates any equine irrespective of these rules and irrespective of age or sex.
(c) “In harness” means a race in which performances shall be to a sulky.
(d) “Inquiry” means an investigation into the conduct of a race which is initiated and conducted by the stewards before making a race official.
(e) “Intended to be entered” means a horse that has its name put into the draw for a specific race.
(fe) “Jockey” means a
person licensed by the commissioner executive director to ride
thoroughbred horses, quarter horses, Appaloosa horses, American paint, or
Arabian horses in races.
(g) “Legal entity” means a lawful or legally standing association, corporation, partnership, proprietorship, trust, or individual.
(hf) “Lessee” means a
legal entity who is licensed by the commissioner executive director
as a horse owner and whose interest in a horse is a leasehold.
(ig) “Licensee”
means a legal entity holding a currently valid license to participate in or
conduct horse racing in this state.
(h) “Meeting” means the entire period
of consecutive days which is granted by the commissioner to an
association for the conduct of racing.
(i) “Mixed meet” means a race meet
licensed to conduct pari-mutuel racing of more than 1 breed of horse.
(j) “Michigan-bred preferred race” means a race where Michigan-bred horses have priority for entry and horses that are not Michigan-bred are allowed to enter only if the race does not fill with Michigan-bred horses.
(k) “Michigan gaming control board” or “MGCB” means the Michigan gaming control board that was created under section 4 of the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.204, and that operates under the direction of the executive director of the Michigan gaming control board, to which Executive Reorganization Order No. 2009-31, MCL 324.99919, transferred all of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the office of racing commissioner that previously existed under the act and that was abolished by that executive reorganization order.
(jl) “Month” means a
calendar month.
(m) “Mutuel entry” means 2 or more horses entered in a race which are coupled as a single betting interest because the horses are owned wholly or in part by the same owners or are trained by the same trainer.
(n) “No contest” means a race that was cancelled by the stewards in the best interest of racing due to an unforeseen event.
(o) “Nomination” means the naming of a horse or, in the event of a futurity, the naming of a foal in utero to a certain race or series of races, eligibility of which is conditioned on the payment of a fee at the time of naming and the payment of subsequent sustaining fees or starting fees.
(p) “Nominator” means the person in whose name a horse is nominated for a sweepstakes, futurity, or produce race.
R 431.1015 Definitions; O, P.
Rule 1015. As used in these rules:
(a) “Objection” means a complaint filed
by an owner, trainer, jockey, driver, or authorized agent participant
against a horse, jockey, or driver in the race before the result of a race has
been made official.
(b) “Official veterinarian” means a veterinarian employed by the executive director with powers and duties as specified in the act and the rules promulgated under the act and other powers and duties as delegated by the executive director, deputy director, and racing manager.
(c) “Overnight race” means a race for which entries close not more than 4 days nor less than 1 day before the race is to be held. In the absence of conditions or notice to the contrary, all entries in overnight races shall close not later than noon the day preceding the race.
(db) “Owner,” for
purposes of these rules and in furtherance of promoting the safety, security,
growth, and integrity of all horse racing, means a legal entity with an
interest in a horse or horses and shall not exceed more than four individuals
per single horse.
(ec) “Place,” when
used in the context of a single position in the order of finish in a race,
means second. When used in the context of pari-mutuel wagering, a “place” wager
is one involving a payoff on a betting interest which finished first or second
in a race. When used in the context of multiple positions in the order of
finish in a race, “place” or “placing” means finishing first, second, or third.
(fd) “Post” means a
station on the racing race course from which a race is started.
In harness racing, the post is where the horses line up behind the mobile
starting gate.
(ge) “Post position”
means a position assigned to a horse for the start of a race.
(hf) “Post time”
means the time setin a race set for the arrival of the horses in
a race at the starting post.
(ig) “Prize” means
the combined total of any cash, premium, trophy, and any other object of value which
is awarded to the owners of horses according to the order of finish in a race.
(jh) “Protest” means
a written statement filed before a race objecting to the eligibility of a horse
or person to participate in the race.
(ki) “Purse” means
the gross cash portion of the prize for which a race is run.
R 431.1020 Definitions; R, S.
Rule 1020. As used in these rules:
(a) “Race” means a contest of speed among horses for a prize.
(b) “Race meeting” means the entire period of consecutive days which is granted by the executive director to an association for the conduct of racing.
(bc) “Racing official”
means all personnel, other than licensed participants, having a direct
connection with the running of a race.
(c) “Race on the flat” means a
race run over a course on which no jumps or other obstacles are placed.
(d) “Recognized meeting” means any
race meet with regularly scheduled races which is licensed by, and conducted
under rules promulgated by, a governmental regulatory body, including race
meets in foreign countries held under the sanction of a turf authority whose jurisdiction
is acknowledged by the commissioner executive director.
(e) “Restricted area” means
designated locations on the grounds of an association where admission is
limited to persons having a valid occupational license or restricted area pass.
(f) “Ruling off” or “ruled off”
means barring a person from the grounds of licensed associations, or
any part thereof, by written order of the commissioner executive
director pursuant to the act and these rules.
(g) “Scratch” means the withdrawal of a horse entered for a race after the time of closing.
(h) “Scratch time” means a time set by the stewards as a deadline for horsemen to scratch out of a race.
(i) “Stake” means a race in which owners or nominators, or both, of horses entered or engaged for the race contribute to a purse to which money or any other prize may be added.
(j) “Starter” means a horse in
front of which the stall doors of the starting gate open at the timewhen
the official starter dispatches the field or, whenif a
starting gate is not used or where a mobile starting gate is used, when
the official starter gives the word “go.”
(k) “Suspension” means a form of
disciplinary action where a licensee is deemed considered temporarily
ineligible for participation in racing.
R 431.1025 Definitions; T, W.
Rule 1025. As used in these rules:
(a) “Time of a race meeting”
means the whole consecutive period of days for which a license is granted by
the commissioner.
(ba) “Trainer” means
a person licensed by the commissioner executive director who shall
be responsible for, and the absolute insurer of, the proper care, health,
training condition, safety, and protection of horses in his or her charge.
(cb) “Winner” means
a horse whose nose reaches the wire first carrying its jockey or driver, a
horse whose nose reaches the wire at the same instant as the nose of a horse
sharing first place carrying its jockey or driver, or a horse awarded first
place by the stewards or commissioner executive director because
of the disqualification of an actual first-place finisher.
(dc) “Wire” means a
surveyed point crossing and at right angles to the track race course
at which all races conclude.
(ed) “Workout” means
the training of a horse on a racetrack course during which the
horse may merely be exercised or may be tested for speed over a specified
distance and the results recorded.
R 431.1030 Licensure.
Rule 1030. The commissioner executive director may
delegate the responsibility of approving or denying occupational licensing to his
or her authorized representatives.
R 431.1035 Conditions precedent to oOccupational licensing.
Rule 1035. (1) Pari-mutuel horse racing and participation
therein in thethis state of Michigan are privileges, not
rights, granted only by the commissioner executive director by
license subject to the conditions precedent set forth in subrule (23)
of this rule.
(2) The executive director may consider the following in granting, denying, suspending, or revoking, an occupational license or taking disciplinary action against an occupational licensee:
(a) The person's financial history, including, but not limited to, court-imposed financial judgments, failure to honor financial obligations, or the issuance of bank instruments without having sufficient funds on deposit.
(b) The person's current financial status, including, but not limited to, outstanding indebtedness to service and supply vendors in the racing industry.
(c) The person's experience in the racing industry in capacities related to the occupational license sought.
(d) The person’s history of licensure in any other racing jurisdiction.
(e) The person's competence to hold the occupational license sought measured by standardized written and practical testing and peer review, as required by the executive director.
(f) The person’s general fitness in terms of mental stability, use of drugs, and record of racing violations.
(g) The person's record of criminal convictions, including, but not limited to, offenses related to the integrity and safety of racing and its participants.
(h) Any other information the executive director considers necessary.
(23) Application for
an occupational license means consent and agreement by the applicant, upon
application and for the duration of the occupational license, if issued, to all
of the following conditions precedent:
(a) That all
representations on the application filed are complete and correct and, when
required by the commissioner, are accompanied by fingerprint
identification, proof of worker's compensation insurance, or certification of
professional licensing when required, and any other information the commissioner
executive director considers necessary and proper.
(b) That the
applicant he or she willshall abide by all orders
of racing officials, rulings and decisions of the stewards, unless reversed
or modified by the commissioner executive director upon proper
appeal, and all rules, regulations, and orders of the commissioner executive
director, subject to review pursuant to these rules and the act.
(c) That when
responsibility is placed upon a licensee, other than a trainer, by the act or
these rules, the licensee willshall bear the burden of proof to
show freedom from negligence in the exercise of a high degree of care in
safeguarding horses from tampering.
(d) That the
applicant he or she willshall conduct himself or
herself and his or her business at all times in a manner befitting the best
interests of racing and shall cooperate in every way with the commissioner executive
director or his or her authorized representatives during the conduct
of an investigation, including responding correctly, to the best of his or her
knowledge, to all questions pertaining to racing matters.
(e) That he or she shall disclose to the executive director or his or her authorized representative, in writing, if he or she has been arrested, charged, or convicted of any misdemeanor or felony offenses, not including traffic offenses.
(f) That he or she shall report to the executive director or his or her authorized representative when he or she has been prescribed or is taking any medication that may impair the person’s ability to perform tasks that require a license or that carry this or a similar warning: Do not operate heavy machinery while taking this medication.
(g) That he or she is under a continuing duty to provide any information requested by the executive director or his or her authorized representative.
(h) That he or she shall not interfere with or use abusive or disrespectful language or conduct when addressing a steward, authorized representative of the executive director, racing official, or person serving under a racing official.
(i) That he or she shall not, at any time or place, commit an assault, an assault and battery, threaten bodily injury, or do bodily injury to any person involved in racing.
(3) Failure to comply with
the conditions precedent to licensing set forth in subrule (2) of this rule may
result in immediate suspension or revocation of the license.
(4) The executive director may require a person who has been denied a license or has had a license suspended or revoked by another racing jurisdiction to seek reinstatement in the jurisdiction where the license was denied, revoked, or suspended.
(5) A person whose license has been revoked or suspended, whether in this jurisdiction or any other jurisdiction and whether temporarily for investigation or otherwise, for the duration of his or her revocation or suspension, is not permitted, whether acting as an agent or otherwise, to subscribe, enter, or race any horse, either in his or her own name or in the name of another person.
(6) Trainers and vendors operating within restricted areas of the grounds shall ensure that they and their employees are licensed. Additionally, a trainer shall ensure that each owner for whom he or she trains is properly licensed. A horse in a trainer's care shall not be programmed in a race unless at least an application for the owner's license is on file with the executive director.
(7) A person under the age of 18 shall not be granted an occupational license, except upon presentation of proof of age and, if employed by anyone other than a parent or legal guardian, submission of working papers as required by law. The minor child of an owner may, without working papers, be granted an owner's license by the executive director if the parent who is an owner files with the minor's license application an agreement assuming responsibility for all financial, contractual, or other obligations of the minor child relating to racing.
(8) A person under the age of 16 shall not be licensed as a jockey or driver.
(9) The license applications of stable employees, association employees, and employees of vendors operating within restricted areas of the grounds shall be endorsed by their employers.
(10) Exercise riders, pony riders, and any person intending to exercise a horse upon a race course during a race meeting may be required by the stewards to demonstrate their horsemanship.
(11) The trainer shall maintain on file with the executive director an up-to-date stable roster of owners, employees, and any others having access to the trainer's assigned premises. The stable roster shall contain all information considered necessary by the executive director.
(12) Except when a trainer has a 50% or greater ownership interest in his or her horse, there must be a mutually agreed upon written contract between the trainer and owner. This contract must include, but is not limited to, at least the following terms and conditions:
(a) The financial responsibility of each party.
(b) Specific horse health care requirements.
(c) Potential claiming status.
(13) An individual, other than a licensee, seeking entry into a restricted area shall apply for a restricted area pass from the executive director. A restricted area pass is valid only for the time and place designated on the pass. The stewards shall review and approve or deny all applications for restricted area admission. Restricted area passes shall not be issued for admission to the paddock at a race meeting. However, a spouse of an owner or trainer may have his or her restricted area pass endorsed to permit him or her into the paddock when accompanied by the licensed spouse. Restricted area passes shall not be issued to anyone who would usually require a license.
(14) Each applicant for an occupational license as an owner may be issued only one provisional license good for 1 race day or 2 adjacent days.
(15) In the event of an owner’s death, the trainer may continue to race the horse if a person designated as executor supplies the executive director or his or her authorized representative with verification of his or her status as executor and applies for an owner’s license.
R 431.1045 Separate licensure; exception.
Rule 1045. Each type of racing permitted by the act requires
a separate and distinct occupational license for participation, except at mixed
race meets.
R 431.1047 Certified Horsemen's Organizations (CHO).
Rule 1047. (1) A horsemen's organization must annually register in a manner and form prescribed by the executive director.
(2) Unless otherwise directed by the executive director, a horsemen's organization must file its registration and all supporting materials no later than September 1 of the year preceding the calendar year in which the race meeting would be conducted.
(3) The registration of a horsemen's organization for a calendar year becomes effective upon the approval of the executive director, not upon the filing of the registration.
(4) The registration for an upcoming calendar year must be approved by the executive director before a CHO is entitled to receive or distribute any simulcast purse pool funds, live racing funds, or funds paid into the pari-mutuel horse racing disbursement account.
R 431.1050 Race meeting licensing standardsRescinded.
Rule 1050. (1) An association desiring to conduct a pari-mutuel
race meeting shall file a written application for a race meeting license with
the commissioner as prescribed by the act.
(2) The application
shall specify all of the following information:
(a) The
location of the proposed race meeting.
(b) The dates
on which the association desires to conduct racing.
(c) Any other
information the commissioner requires related to their racing interest.
(3) If the
association applying for a race meeting license is not the owner or lessee of a
track licensed by the commissioner, the association shall offer evidence
satisfactory to the commissioner that it will have use of a licensed facility
for the dates proposed.
(4) In
granting or refusing a race meeting license, the commissioner shall consider
the character and reputation of the persons identified with the undertaking and
the financial stability of the association.
(5) In
granting a race meeting license, the commissioner will require compliance with
all of the following provisions:
(a) That
dates applied for are fully intended to be used for the conducting of
pari-mutuel wagering.
(b) That the
applicant will meet, observe, and enforce the requirements of the license, the
act, and other applicable laws of the state of Michigan.
(c)
Opportunity for the sport to properly develop.
(d)
Availability of horses.
(e) Avoidance
of harmful competition among tracks in the state.
(f) Community
support for promotion and continuance of the tracks.
(6) An
association shall be notified of the granting or denying of a race meeting
license and the requirements of the license, pursuant to the act, in the manner
and form determined by the commissioner. A denial shall be for cause.
R 431.1052 Authorization of workouts or qualifying races at training centers.
Rule 1052. (1) Before authorizing workouts or qualifying races at a training center, a legal entity must submit information in a manner and form prescribed by the executive director.
(2) If workouts or qualifying races are authorized by the executive director, the training center agrees to the following terms and conditions:
(a) To be bound by and comply with the act, these rules, executive director orders, public policy of this state, and any other local, state, and federal law.
(b) To conduct timed workouts and qualifier races to the same standards and requirements governing those activities in this state at pari-mutuel race meetings.
(c) To not allow any wagering at the training center and promptly report to the executive director or his or her authorized representative any person who is found to be wagering.
(d) To maintain records regarding the management and operation of the training facility and make the records available to the executive director or his or her authorized representative upon request.
(e) To allow inspections by an authorized representative of the executive director at any time.
(f) To ensure all participants at the training center are licensed under the act and these rules.
(g) To maintain its facility by making necessary improvements, additions, or corrections to the facility, fixtures, equipment, or procedures as required by the executive director.
(3) Failure to comply with the conditions set forth in subrule (2) of this rule may result in withdrawal of authorization to conduct timed workouts and qualifying races.
R 431.1055 Occupational licensing standards; individualsRescinded.
Rule 1055. (1) The commissioner may issue an
occupational license to any person participating in the racing of horses if the
commissioner finds that the financial responsibility, age, experience,
reputation, competence, general fitness, and record of law abidance of the
applicant are consistent with the best interests of racing and the state of
Michigan.
(2) The
commissioner may consider the following in granting, refusing, suspending, or
revoking, an occupational license or taking disciplinary action against an
occupational licensee:
(a) The
applicant's financial history, including court-imposed financial judgments,
failure to honor financial obligations, or the issuance of bank instruments
without having sufficient funds on deposit.
(b) The
applicant's current financial status, including outstanding indebtedness to
service and supply vendors in the racing industry.
(c) The
applicant's experience in the racing industry in capacities related to the
occupational license sought.
(d) The
applicant's competence to hold the occupational license sought measured by
standardized written and practical testing and peer review, as required by the
commissioner.
(e) The
applicant's general fitness in terms of physical health, including mental stability,
use of drugs, and record of racing violations.
(f) The
applicant's record of criminal convictions, including offenses related to the
integrity and safety of racing and its participants.
(3) Applicants who have been
denied a license or had a license suspended or revoked by another racing
jurisdiction may be required by the commissioner to seek reinstatement in the
jurisdiction where the license was denied, revoked, or suspended.
(4) The
commissioner, at any time, may require the removal for cause of any employee or
official employed by a licensee.
(5) Any
omission or misrepresentation in the license application shall be sufficient
cause for the denial, suspension, or revocation of a license by the
commissioner.
(6) Trainers
and vendors operating within restricted areas of licensed racetracks shall
ensure that they and their employees are licensed. Additionally, a trainer
shall ensure that each owner for whom he or she trains applies for licensing. A
horse in a trainer's care shall not start in a race unless at least a temporary
application for the owner's license is on file with the commissioner.
(7) A person
under the age of 18 shall not be granted an occupational license, except upon
presentation of proof of age and, if employed by anyone other than a parent or
legal guardian, submission of working papers as required by law. The minor
child of a licensed owner may, without working papers, be granted an owner's
license by the commissioner if the parent who is a licensed owner files with
the minor's license application an agreement assuming responsibility for all
financial, contractual, or other obligations of the minor child relating to
racing.
(8) A person
under the age of 16 shall not be licensed as a jockey or driver.
(9) The
license applications of stable employees, association employees, and employees
of vendors operating within restricted areas of racetracks shall be endorsed by
their employers. Exercise riders, pony riders, and any person intending to
exercise a horse upon a licensed racetrack may be required by the stewards to
demonstrate their horsemanship.
(10) It
shall be a trainer's responsibility to maintain on file with the commissioner
an up-to-date roster of owners, employees, and any others having access to the
trainer's assigned premises. The roster shall contain all information
considered pertinent by the commissioner.
(11) An
individual, other than a licensee, seeking entry into a restricted area shall
make application for a restricted area pass from the racing commissioner. A
restricted area pass is valid only for the time and place designated on the
pass. The stewards shall review and approve or deny all applications for
restricted area admission. Restricted area passes shall not be issued for
admission to the paddock at a licensed race meeting. However, a spouse of a
licensed owner or trainer may have his or her restricted area pass endorsed to
permit him or her into the paddock when accompanied by the licensed spouse.
Restricted area passes shall not be issued to anyone who would usually require
a license.
(12)
Licensed trainers may apply for a temporary license for owners for whom they
train. A temporary license is valid for 1 start only. A subsequent entry will
require the owner to be fully licensed in conformity with these rules.
R 431.1060 Occupational license fees.
Rule 1060. (1) Occupational license fees shall be set by the
commissioner executive director.
(2) Unless voided by the commissioner
aA license fee receipt shall admits an applicant to
restricted areas only during the period designated by the commissioner executive
director on the face of the receipt.
R 431.1065 Joint ownership. Ownership.
Rule 1065. (1) Every legal entity having an ownership
interest in a horse shallmust be licensed as an owner.
(2) If a legal entity with more
than 4 individuals owns interest in a single horse, each individual holding a 5%
or greater beneficial interest must be licensed as an owner more than 4
individual persons own interests in a single horse through a corporation,
syndicate, partnership, or other joint venture, such individual persons may
designate, in writing, up to 4 members of the corporation, syndicate,
partnership, or joint venture to represent the entire ownership of, and be
responsible for, the horse as the licensed owner or owners. Individuals
owning less than 5% must be eligible for licensure as an owner.
(3) A joint ownership agreement or lease shall accompany the application for an owner's license.
(4) The commissioner executive
director may deny, suspend, or revoke the license of any owner whose
ownership of a horse is qualified or limited in part by the rights or an
interest in such horse being held or controlled by any other person or persons
who would be ineligible for licensing under these rules.
(5) A corporate or syndicate name, if any, is considered a stable name for the purpose of these rules. The executive director reserves the right to refuse registration of any corporate or syndicate name.
(6) The stewards may grant an owner with less than a 5%ownership or beneficial interest in a horse a license if the owner can establish a bona fide need for the license.
R 431.1070 Leases; validity; terms.
Rule 1070. (1) Horses may be raced under a lease if the
lease agreement is submitted in a manner and form prescribed by the
executive director affixed to the horse's registration or
eligibility papers and is approved by the stewards. For the purposes
of racing a horse in this state, the stewards may at any time suspend or
revoke their approval the validity of a lease may be suspended
temporarily or voided by the stewards at any time upon a determination that
the lease is not in the best interest of racing.
(2) For racing purposes, aA
lease shallmust not be approved by the stewards for racing
purposes unless all of the following provisions are complied with:
(a) The lessee and
lessor are is licensed as an owners.
(b) Each of the
signatures of the lessors and lessees on the lease agreement is
are subscribed and sworn to before a notary public.
(c) A horse shall
is not be leased more than once per calendar year without
approval of the stewards.
(d) Conditions of the lease specify, as to parties to the lease, whether the subject horse may be entered to be claimed. If the lessor agrees that the subject horse may be entered to be claimed, conditions of the lease shall specify the minimum price for which the subject horse can be entered and to whom the claiming price is payable.
(e) Conditions
of the lease specify that upon claim of the subject horse, the lease shall
terminates and all rights in and to such horse shall pass to the
claimant as a bona fide purchaser.
(f) The lease
completely divests the lessors or sublessors of further control or
direction of the racing performance of such horse while under lease, and the
lease ensures that the resultant program listing of the lessee will not mislead
the betting public by reason of the absence in the program listing of the name
of a person or persons who possess a beneficial interest in such leased horse.
R 431.1075 Licensure of corporations or syndicatesRescinded.
Rule 1075. (1) If more than 4 individual
shareholders or members own interests in a single horse through a corporation
or syndicate, the horse may be leased for racing purposes pursuant to R
431.1065 or R 431.1070.
(2) A
corporation or syndicate which does not have more than 4 individual
shareholders or members shall, at the time of filing an application for an
owner's license, provide the commissioner with all of the following
information:
(a) The names
and addresses of the shareholders or members of the corporation or syndicate,
together with the amount of their respective holdings.
(b)
Indication of whether the stated amount of investment by a shareholder or
member is paid in full.
(c)
Designation of a person or persons authorized to represent the corporation or
syndicate in racing matters.
(3) Each
shareholder or member of a corporation or syndicate licensed to race under
these rules shall be licensed individually.
(4) A
corporate name or a syndicate name, if any, shall be considered a stable name
for the purpose of these rules, but the commissioner reserves the right to
refuse any corporation or syndicate the right to register a stable name.
R 431.1080 Licensure of partnershipsRescinded.
Rule 1080. (1) If more than 4 persons own interests
in a single horse through a partnership, the horse may be leased for racing
purposes pursuant to R 431.1070.
(2) Each
member of a partnership licensed to race under these rules shall be licensed
individually.
(3) A
partnership shall be registered with the commissioner. Partnership papers shall
include all of the following information:
(a) The name
and address of every person who has an interest in the horse or horses
involved.
(b) The
relative proportions of such interests.
(c) To whom
the winnings are payable.
(d) In whose
name the horse or horses shall compete.
(e) Who has
the power to enter the horse or horses in races or to withdraw the horse or horses
from races.
(f) The terms
of any contingency, lease, or other arrangements.
(g) The name
or names of the horse or horses involved.
(4) Any
partner transacting business on behalf of a partnership shall own an interest
in the partnership which is not less than the interest owned by any other
partner.
(5) All
partnership papers shall be signed by all of the parties or by their authorized
agent.
(6) Any
alteration in a recorded partnership agreement shall necessitate application
for a new partnership agreement.
(7) All the
parties in a partnership shall be jointly and severally liable for all arrears.
(8) The part
owner of a horse may assign his or her share or any part of it with the written
consent of the other partners. The consent shall be filed with the stewards.
(9) A
partner may claim for the partnership, unless otherwise stated in the
partnership agreement.
R 431.1085 Joint ownership; wWaiver
of rules.
Rule 1085. The commissioner executive director,
in extraordinary circumstances, may waive these rules with respect to any 1
horse owned by any legal entitycorporation, syndicate, partnership,
or other joint venture to permit the horse to participate in a specific
race of special interest to the sport and this state the state of
Michigan.
R 431.1090 Joint ownership; reportsRescinded.
Rule 1090. (1) The shareholders or members of any
corporation, syndicate, partnership, or other joint venture which leases horses
for racing purposes in this state, in addition to the corporation, syndicate,
partnership, or joint venture, shall file with the commissioner when
requested to do so, a report under oath containing all information related to
racing the commissioner specifies. Failure of a corporation, syndicate,
partnership, or joint venture to file the report shall result in the denial of
a license to any lessee or lessees of the corporation, syndicate, partnership,
or joint venture or the revocation of a license already granted.
(2) A stable
name shall be carried on the program with the name of at least 1 owner. If the
stable represents more than 1 owner, the joint ownership shall be indicated by
the use of the name of 1 owner and the words “et al.”
R 431.1095 Associations; duties.
Rule 1095. (1) Each association licensed by the commissioner
executive director, and each licensed association's officers, directors,
officials, and employees, shall observe and enforce the laws of the this
state, of Michigan and the rules promulgated under the
act, and regulations orders of the commissioner executive
director at and during licensed race meetings conducted by the association.
Each association, and its officers, directors, and employees, shall also honor
all written orders of expulsion or ruling off issued by the commissioner executive
director, and pursuant thereto shall immediately eject and exclude from the
association grounds any person whom the association, or its
officers, directors, or employees, knows to be under expulsion and ruled off
pursuant to the written order of the commissioner executive director.
(2) Each association shall provide
a competent and adequate security force, night and day, in and about association
the grounds and shall police and maintain order on its grounds so as to
reasonably insure the safety of all persons on its grounds and protect and preserve
the integrity of racing and pari-mutuel wagering conducted on its grounds. Upon
a determination by the racing commissioner that additional security is
necessary to insure the safety and integrity of racing, supplemental security
shall be provided by the racing commissioner at each race meeting in areas
where occupational licenses are required for admittance.
(3) Each association shall exclude all of the following from its grounds:
(a) All persons whom it
knows have been designated by written order of the commissioner or the stewards
to be under expulsion, ruled off, or otherwise excluded from association grounds
pursuant to the act and the rules of the commissioner.
(cb)
All persons whom it knows to be engaged in activities on association the
grounds to avoid, or aid others in avoiding, compliance with federal or
state income tax laws or rules pertaining to gambling winnings derived from
pari-mutuel wagering.
(dc)
All persons whom it knows to be engaged in bookmaking or other illegal wagering
or gambling activities on association the grounds.
(ed)
All persons whom it knows to be engaged in touting or the illegal solicitation
of bets on association the grounds.
(fe)
All persons whom it knows to be engaged in activities to unlawfully influence
or fix the results or outcome of a race conducted on association the grounds.
(gf)
All persons whom it knows have been convicted of crimes involving fraud or
deception in the conduct of racing or pari-mutuel wagering.
(hg)
All persons whose presence and conduct on association the grounds
reasonably threatens the health and safety of other persons on association
the grounds or reasonably threatens or undermines public confidence in the
integrity of racing or pari-mutuel wagering conducted on association the
grounds.
(4) Each association shall eject and exclude, from its stable areas, paddock, and other restricted areas, any person not authorized for admission to such areas under these rules.
(5) Each association may, in its sole discretion and on its own volition, eject or exclude from its grounds, or any part thereof, any person, licensed or unlicensed, for any reason it considers appropriate and without giving any reason or cause therefor, if, however, such ejection or exclusion is not based in any way upon the person's sex, race, color, creed, or national origin and is not otherwise in violation of state or federal law.
(6) When any association ejects or
excludes any person from its grounds, it shall promptly report such action to
the commissioner executive director in writing.
(7) The association shall provide the
commissioner executive director with copies of available daily
police reports pertaining to conduct on racetrack the grounds.
(8) The stable area of each
licensed track racetrack shall be enclosed by a fence or other
barrier of reasonable height that will deter entry of unauthorized persons.
(9) The association shall maintain a 24-hour guard at any entrance to the stable area 30 days before and during the live race meeting if horses are stabled on the grounds.
(10) The stable area shall be patrolled by track security officers, who shall pay special attention to the presence of unauthorized personnel, to the enforcement of fire prevention measures, and to the inspection of tack rooms and living quarters for fire hazards and contraband.
(11) An association shall take prompt corrective action on all fire safety deficiencies noted in inspections by local and state fire marshals.
(12) An association shall provide protected sheds for the storage of hay, straw, feed, and other flammable materials.
(13) An association shall at all times maintain its grounds and facilities so as to be neat and clean, painted, and in good repair, with special consideration for the comfort, health, and safety of patrons, employees, and other persons whose business requires attendance, and with special consideration for the health and safety of horses stabled, exercising, entered to race, or racing, at the association's facilities.
(14) An association shall provide and maintain lighting to ensure illumination in the stable, spectator, and parking areas.
(15) An association shall provide and maintain facilities for drivers and jockeys. Separate toilet and dressing facilities shall be provided for female and male drivers and jockeys.
(16) An association shall provide all of the following:
(a) Training and
racetrack course surfaces that are safe and humane.
(b) Proper
equipment to maintain track race course surfaces.
(c) Sufficient trained
personnel to properly operate maintenance equipment and to assess needs in trackrace
course maintenance on a day-to-day basis.
(d) Daily
records must be kept on the condition and maintenance of each training and
racing surface. SuchThe records shall be available and submitted
to the stewards upon request.
(17) An association shall have in attendance,
during all live racing and morning training hours, at least 1
ambulance and 1 horse ambulance with personnel to render first aid and
transport injured persons or horses to the most suitable place available for
medical or veterinary treatment. A licensed paramedic or licensed
EMT may be substituted for an ambulance during training hours with prior
approval of the executive director. Ambulances shall be stationed at the
near an entrance to the racing surface.
(18) An association shall equip and maintain adequate first aid facilities with medical personnel in attendance.
(19) An association shall install and maintain in good service a communication system between the stewards' stand and all of the following persons or places:
(a) Pari-mutuel department.
(b) Starting gate.
(c) Clerk of scales.
(d) Clerk of course.
(e) Paddock judge.
(f) Patrol judges.
(g) Commissioner's
Official veterinarian.
(h) Detention barn.
(20) For pari-mutuel wagering, an association
shall use either a totalisator or another mechanical device which is equal in accuracy
and clearness to the totalisator and which is approved by the commissioner executive
director. No other place or method of betting, pool making, wagering, or gaming
shall be used or permitted without the commissioner’s executive
director’s approval.
(21) An association conducting
racing shall provide photo finish service of a type and quality approved by the
commissioner executive director as an aid to the stewards, in
determining the order of finish. When a photo finish picture is used to
determine the order of finish, the picture, or true copies or projections
thereof, shall be posted or projected for public inspection as required by the
stewards or commissioner executive director. Film strips shall be
preserved by the association for 1 year.
(22) An association conducting racing
shall install an automatic electric timing device in conjunction with the photo
finish camera or independent of such devicethe photo finish camera
for the purpose of accurately recording the timing of all races. This time
shall be considered as the official time of each race.
(23) The association shall designate an approved racing official as timer. The final time recorded by the timer on a hand-held watch or device of similar accuracy shall be the official time of a race if the electric timer fails.
(24) An association shall make a
visual recording of each race including qualifying races as it is run.
The recording shall be by videotape or other means approved by the commissioner
executive director. The equipment necessary to promptly show the recordings
to the stewards to assist them in determining questions pertaining to a race
shall be provided by the association. SuchThe recordings shall in
all cases be considered only as aids to the stewards. A visual recording of all
views of each race shall be preserved by the association in a secure manner for
90 days after the close of a meeting or for a longer period set by the stewards
or commissioner executive director. Specific recordings shall be
shown to the stewards at any time during the meeting or shall be delivered to the
commissioner executive director or his or her authorized representative
at any time upon request. As the stewards consider necessary, and for the purpose
of educating jockeys, drivers, and racing officials, the association may show
visual recordings of races to jockeys, drivers, and racing officials on the racing
day following the races in question.
(25) The association shall display post time a reasonable time before a race on a clock device provided for that purpose, on the infield results board, or on another prominent structure which is clearly readable from the spectator areas.
(26) An association conducting
racing shall maintain a paddock that shall secures horses
preparing to race in the daily program. The paddock shall be entirely enclosed
and the gate or gates into the enclosure shall be controlled to exclude
unauthorized persons.
(27) During racing hours, the association shall provide the services of a blacksmith and extra equipment in or adjacent to the paddock to ensure the proper conduct of racing without unnecessary delay.
(28) An association shall provide
necessary office space with proper conveniences and adequate parking spaces for
the commissioner executive director and his or her authorized representatives.
Identification signifying the bearer as a representative of the commissioner
executive director shall be honored for entrance to all points on
the grounds.
(29) The names and addresses of
the track-designated stewards and other racing officials with at
least 1 back up for each position shall be submitted to the commissioner
executive director not less than 30 days before the start of the
race meeting and shall thereafter be approved or disapproved by the commissioner
executive directorA disapproval shall be for cause.
(30) Racing officials subject to
the approval of the racing commissioner executive director shall
not hold more than 1 official position during a race meetmeeting unless
approved by the executive director.
R 431.1101 Admissions.
Rule 1101. (1) A person required to be licensed by these
rules shall not be admitted to the stables or other restricted area of the
grounds a racetrack without a current valid license or restricted
area pass in his or her possession. An association may permit a person
licensed applicant to enter restricted areas for a period of not more than
10 days after the filing of a license application if the applicant possesses a
license fee receipt.
(2) A licensed person in or
entering the stables, paddock, or other restricted area of a racetrack
under the jurisdiction of the commissioner shall wear, on his or her
outer apparel, a currently valid
identification card of a type required by the commissioner. An association may refuse
to accept the identification card as a badge for admission to any parts of the
spectator areas it specifies.
(3) Occupational licenses and restricted
area passes shall require validation for each race meeting. The licenses of
horse owners and stable employees shall not be validated unless their names appear
on the stable list submitted to the commissioner by the responsible trainer.
(24) Policemen,
firemen, inspectors, and other public officials acting in the performance of
their duties; employees of utility firms; or employees of companies doing construction
in restricted areas are exempt from the provisions of this rule. However, any exempted
person shall identify himself or herself and explain the purpose of his or her visit
before admission.
R 431.1105 Entering and departing restricted areas; sign in and sign out.
Rule 1105. All Llicensed persons entering
restricted areas of the grounds racetracks during other
than normal racing and training hours shall sign in upon arrival and check and
shall sign out upon departure. The person's name, occupation, and license
platevehicle number shall be recorded. Exempt persons, other than
policemen and firemen in the performance of their duties, shall sign in and out
at all times during a race meeting.
R 431.1110 Logging entry and departure of horses.
Rule 1110. (1) The identity of all horses entering and leaving
the stable area of an association conducting a race meeting shall be logged in
and out in a horse-in, horse-out book at the stable area gate.
(2) The log book entry shall include all of the following information:
(a) The date and time in or out.
(b) Name of horse.
(c) Driver and all occupants of the transporting vehicle.
(3) A dead horse shall not be
removed from the grounds without prior notification of the commissioner’s
office or theofficial veterinarian or the stewards.
(4)All horses entering association grounds from another state shall provide
a current certificate of health which
is to the satisfaction of the stewards and which evidences current Coggins testing by a doctor of veterinary medicine.
Confirmation of a current negative Coggins test and required vaccinations shall
be provided for all horses entering the grounds. For horses from another
state, a current health certificate is also required.
R 431.1115 Reporting violations.
Rule 1115. (1) If a person who is licensed as a participant
in racing is approached with an any of the following, that person shall
report the offer, request, or suggestion to the executive director:
(a) An offer
or promise of a gratuity. or with a
(b) A request or suggestion of any of the following:
(i) A bribe.;
a
(ii) Any improper,
corrupt, or fraudulent act or practice in relation to a race or racing;.or
that
(iii) That
any race be conducted other than in a fair manner and in accordance with
pursuant to the rules, that person shall report such offer or
suggestion immediately to the stewards or commissioner.
(2) Failure to report the offer, request, or suggestion under subrule (1) of this rule may result in disciplinary action, which may include suspension or revocation of the person's license.
R 431.1120 False statements.
Rule 1120. A licensed person who, while under oath in
any hearing, or in a sworn statement, gives false or misleading statements to
the executive director or his or her authorized representative in
connection with any investigation pertaining to racing or any person who refuses
to appear or testify after proper notice shall be subject to disciplinary action
or criminal prosecution, or both.
R 431.1125 Best efforts to win.
Rule 1125. A licensee is expected to give his or her best
effort to win in all races in which he or she participates. Any instruction or advice
to a jockey or driver or any handling of a jockey's or driver's horse other
than for the purpose of winning is prohibited. If the stewards are satisfied
that a race was ridden or driven in a fraudulent manner or that the jockey or
driver was instructed or induced to ride or drive in a fraudulent manner, all
persons guilty of connivance in the offense shall be ruled off and subject
to further disciplinary action or criminal prosecution, or both.
R 431.1130 Expulsion and ruling off by commissioner executive
director.
Rule 1130. (1) The commissioner executive
director, deputies, or authorized representative of the commissioner executive
director may order any person, whether licensed or unlicensed, to be immediately
ejected, ruled off, and excluded from the association grounds, or
any part thereof, by written order of expulsion or ruling off, for any of the
following reasons:
(a) The person's
violation of the rules promulgated under the act rules of the
commissioner or the act or any successor racing laws enacted after the effective
date of these rules.
(b) The person's participation in touting, the illegal solicitation of bets or wagers, bookmaking, or any other illegal wagering or gambling activity.
(c) The person's
participation in any plan, scheme, or activity to avoid, or aid another in
avoiding, compliance with federal or state income tax lawspertaining
to the reporting of pari-mutuel gambling winnings as income.
(d) The person's conviction for any crime involving fraud or deception in the conduct of racing or pari-mutuel wagering or in the reporting of pari-mutuel gambling winnings to federal or state government tax authorities.
(e) The person's participation in any plan, scheme, or activity to unlawfully influence or fix the results or outcome of a race.
(f) The person's participation in any plan, scheme, or activity to misrepresent the true age, pedigree, identity, ownership, or eligibility of a horse to any of the following:
(i) The jockey club.
(ii) United
States tTrotting aAssociation.
(iii) American qQuarter
hHorse aAssociation.
(iv) Appaloosa hHorse
cClub.
(v) Arabian breed registry.
(vi) The commissioner
executive director.
(vii) Any racing official.
(g) The person's
participation in any disorderly conduct or public disturbance on association
the grounds which reasonably threatens the health and safety of other
persons or horses.
(h) The person's participation in any plan, scheme, or activity to willfully and knowingly enter or start an unqualified or ineligible horse in a race.
(i) The person's participation in any plan, scheme, or activity to offer or receive any money, benefit, or other consideration for scratching an entry from a race.
(j) The person's
participation in any plan, scheme, or activity to offer, promise, or give any
gift, gratuity, money, property, or other valuable thing or benefit to any
person having official duties in relation to the conduct of racing or pari-mutuel
wagering with the intent or purpose of thereby influencing the action,
judgment, or decision of such person with respect to any matter or question
which may be brought before such person in his or her official capacity. Any
person who has official duties in relation to the conduct of racing or pari-mutuel
wagering who requests, accepts, or receives, or agrees to accept and receive, any
gift, gratuity, money, property, or other valuable thing or benefit as
consideration for acting, judging, or deciding a matter or question which is
brought before him or her in his or her official capacity shall be ruled off association
the grounds and removed from his or her official position.
(k) The person's participation in any plan, scheme, or activity involving fraudulent practices in the conduct of racing or pari-mutuel wagering in this or any other country.
(l) The making of a bet with, or on behalf of, any jockey or driver, unless the bet is on a horse the jockey or driver is riding or driving.
(m) If the person is a jockey or driver, the acceptance of a ticket or the making of a bet on any horse other than the one he or she rides or drives; however, a jockey or driver may make a multiple wager if his or her horse is selected to finish first in all instances.
(n) The person's
participation in ordering or performing a nerve operation at or above the ankle
of a horse or a tumor (re-nerving) operation in the same area on a horse on the
grounds of a track under the jurisdiction of the commissioner.
(o) If the
person is a veterinarian, ordering a horse to be denerved, neurectimized,
desensitized, or anesthetized by surgery, cryosurgery, freezing, chemical
block, or any other means at or above the ankle so as to remove sensation from
the lower limb. A horse which has been subjected to any of these procedures
shall not be eligible to race, and any licensee who violates this rule shall be
subject to disciplinary action.
(p) The
person's participation in injecting, or ordering the injection of, a horse for
the purpose of administering a drug which could affect the performance of the
horse entered to race or for the purpose of blocking a nerve.
(qn)
The person's participation in any other activity or conduct which reasonably
threatens the health and safety of other persons on the association
grounds or reasonably threatens or undermines public confidence in the
integrity of racing or pari-mutuel wagering in thethis state.
(2) In all cases where the commissioner
executive director, deputies, or authorized representatives of the commissioner
executive director order a person to be ejected, ruled off, and
excluded from association the grounds, or any part thereof, a written
order of expulsion or ruling off shall be issued and served on the person, giving
the such person notice of his or her expulsion and ruling off from
association the grounds and the reason for suchthe expulsion
or ruling off.
(3) Any person who is ordered
to be ejected, ruled off, and excluded from association grounds by order of the
commissioner, deputy, or authorized representative of the commissioner shall, upon
written request, have the right to a hearing de novo before the commissioner to
review the order of expulsion or ruling off, unless such a hearing has already been
held before the commissioner under Act No. 306 of the Public Acts of
1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, and a
final determination made by the commissioner before issuance of the order under
review. Upon such request, the commissioner shall schedule a date, time, and
place for the hearing to be held within 14 days and shall promptly notify the
person, who requested the hearing of the scheduled date, time, and place for
the hearing. The hearing shall be held pursuant to Act No. 306 of the Public
Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.
The person shall remain ruled off and excluded from association grounds for a
period of not more than 90 days after receipt of a request for review pending the
hearing and final determination of the commissioner regarding the order of expulsion
or ruling off under review.
R 431.1135 Hypodermic paraphernaliaRescinded.
Rule 1135. (1) A person on the grounds of a racetrack
under the jurisdiction of the commissioner or on grounds where horses which are
eligible to race at the racetrack are kept shall not have any of the following
in his or her possession, in his or her personal effects or vehicle, or in or
upon premises he or she occupies or controls:
(a) A hypodermic syringe.
(b) Hypodermic needle.
(c) Other hypodermic device.
(d) A drug used for the
injection or infusion of another drug into a horse.
(2) The use or possession of
hypodermic paraphernalia by veterinarians licensed by the commissioner is not prohibited.
However, veterinary practices are subject to review by the commissioner. A veterinarian
shall not sell, give, or provide a hypodermic needle or syringe or any substance
for hypodermic administration to any licensee on the grounds. In special
circumstances or an emergency, a licensee requiring medical treatment may, upon
written request, be granted permission for the temporary possession of a
hypodermic syringe or needle on the grounds.
R 431.1140 Electrical devices.
Rule 1140. A person who is on the grounds of a racetrack
under the jurisdiction of the commissioner executive director or
on the grounds where horses which are eligible to race at the licensed
racetrack are kept shall not have in his or her possession, in his
or her personal effects or vehicle, or in or on premises he or she occupies or
controls, a battery, buzzer, prod, or other appliance, either electrical or
mechanical, other than the ordinary whip, which is capable of affecting the
speed or racing condition of a horse.
R 431.1145 Wagering by racing officials or association employees.
Rule 1145. (1) An racing official or
association employee or agent who has a direct connection with
the running of a race shall not wager money or any other thing of value on the
result of a race, and shall not solicit a stake or present from any person
racing at the meeting. For the purpose of this subrule, the following persons
are also included:
(b) Jockeys' or drivers' room custodians.
(c) Jockeys' or drivers' room employees.
(d) Outriders, pony riders, and parade marshals.
(e) Paddock employees.
(f) Workout clockers.
(g) An employee of an auditing firm present on behalf of this state.
(2) The commissioner his or her
appointees or designee, and employees shall not wager on a race conducted by an
association licensed by the commissioner.
(3) An employee of an auditing
firm present on behalf of the state or a person employed by an association as
steward, mutuel department manager, mutuel department calculating room employee,
totalisator computer programmer, or technician shall not wager on a race at the
meeting.
(4) A person who violates this
rule shall be subject to disciplinary action.
R 431.1150 Ownership prohibition.
Rule 1150. A person approved by the commissioner executive
director as a racing official, employee of an racing official,
or an association employee directly connected with the running of a race or the
classification of horses shall not be the owner or part owner of a horse racing
at the meeting and shall not participate financially, directly or indirectly,
in the purchase or sale of a horse racing at thesuch meeting. Association
employees not directly connected with the running of a race may be the owner or
part owner of a horse racing in a stake or futurity at the meeting
with the approval of the executive director.
R 431.1155 Bookmaking prohibited.
Rule 1155. Bookmaking or betting of any kind, other than through
the pari-mutuel system, is prohibited. A person engaged in bookmaking or
betting shall be subject to criminal charges. Any owner, trainer,
jockey, driver, or other licensed person licensed under this act who
bets with or through a handbook or wagers in any but the prescribed
manner faces disciplinary action up to and including license revocation and
exclusion from all tracks under the jurisdiction of the commissioner executive
director.
R 431.1160 Dissemination of information.
Rule 1160. An association employee or person licensed by the
commissioner executive director shall not knowingly permit the dissemination
of racing information that might be of benefit to bookmakers or others engaged in
illegal betting activities. This does not prevent the prompt reporting of
racing news by accredited members of the press.
R 431.1165 Financial responsibility.
Rule 1165. A licensee shall not willfully and
deliberately fail or refuse to pay any monies due and owing for any services or
supplies connected with his or her operations as a licensee. Presentation of a legal
monetary judgment related to racing operations against a licensee may be grounds
a basis for immediate suspension, license denial, or other
disciplinary action.
R 431.1175 Prohibited acts; breathalyzer and drug testing.
Rule 1175. (1) Smoking is prohibited in or around the barn or area where horses are kept
under the shedrow of any barn is prohibited.
(2) Possession of or uses
of controlled substances or concealed weapons in the stable area of any racetrackgrounds
during a live race meeting is prohibited.
(3) A licensee is prohibited from possessing or using alcohol while performing duties licensed under the act.
(4) A person in the
stable area who smokes under a shedrow in or around the barn or
area where horses are kept, who is in possession of controlled substances, alcohol,
or concealed weapons, or who is under the influence of intoxicating liquor or
any drug is subject to disciplinary action.
(45) The personal use
by licensees of any controlled substance or excessive amount of medicant,
stimulant, depressant, narcotic, or hypnotic is prohibited.
(5) Drivers, jockeys, stewards,
judges, starters, drivers of the starting gate, and outriders shall be required
to submit to a breathalyzer test when requested by the racing commissioner. In
the case of drivers and jockeys, if the results of such test show a reading of
more than .05% of alcohol in the blood, such driver or jockey shall not be permitted
to drive or ride and shall be subject to disciplinary action. If the results of
a breathalyzer test show more than .05% of alcohol in the blood, an individual
shall be relieved of his or her duties and such further action shall be taken
as the stewards deem necessary. A person registering .05% or more on the
breathalyzer may have independent urine or blood tests taken, at his or her own
cost. Drivers and jockeys shall be subject to testing for drug use as required
by the commissioner.
(6) Drivers, jockeys, stewards, racing officials, starting gate crew, and outriders that test positive on a breathalyzer test at or below .05% of alcohol in the blood may be relieved of their commitments at the discretion of the stewards.
R 431.1180 Disqualification from racingRescinded
Rule 1180. A person whose license has been revoked or has
been suspended, whether temporarily for investigation or otherwise, and so long
as his or her exclusion or suspension continues, shall not be qualified,
whether acting as an agent or otherwise, to subscribe, or to enter or run any
horse, for any race either in his or her own name or in the name of any other
person.
R 431.1185 Licensure denial by other jurisdictionRescinded.
Rule 1185. The denial of a license by any other racing jurisdiction
shall be considered as a basis for the denial of a license by the commissioner.
R 431.1190 ReinstatementRescinded.
Rule 1190. When a license is revoked by the commissioner
or other racing jurisdiction, the former holder of such license remains disqualified
in the state of Michigan until his or her license is restored in good standing
by the commissioner.
R 431.1195 Conduct of racingRescinded.
Rule 1195. (1) An owner, trainer, driver,
jockey, attendant of a horse, or any other licensed person or association employee shall not use
disrespectful language when addressing, or be guilty of any disrespectful conduct toward, an racing official,
steward judge, or person serving under an racing official's or judgesteward's orders, such disrespectful language or
conduct having reference to the administration
of the course or of any race thereon.
(2)
An owner, trainer, driver, jockey, attendant of a horse, or any other licensed
person, at any time or place, shall not
commit an assault or an assault and battery upon any person, shall not
threaten to do bodily injury to any person.
R 431.1200 Disqualification of hHorses
ruled ineligible; forfeiture of money and prizes.
Rule 1200. (1) When a person is expelled or ruled off,
Every horse trained or owned wholly or partly by him or her
shall also be a disqualified person or a person who has been expelled or
ruled off is disqualified ineligible to race so long as the
sentence continues unless authorized by the stewards.
(2) If an entry is received from any
disqualified person or a person who has been expelled or ruled off or
for any disqualified ineligible horse, that entry shall beis
void and the money paid for thesuch entry, if any, shall be
refunded. Any money or prize won by suchthe entry shall be
forfeited by the disqualified partyperson or person who has been
expelled or ruled off.
(23) A horse or
stable entry which that is ordered refused at any recognized
meeting because of inconsistent racing or other cause shall not be permitted to
race at a race meeting racetrack under the jurisdiction of
the commissioner executive director during the continuance of thesuch
ruling.
(3) When a person is
ruled off for any fraudulent practice in relation to a particular horse owned
wholly or partly by him or her, he or she shall forfeit all money and prizes
which such horse has fraudulently won.
R 431.1205 Objections, protests, and complaints.
Rule 1205. (1) Objections or protests against a horse, jockey,
or driver participating in a race shall be received only when duly lodged by the
owner, trainer, jockey, driver, authorized agent of the owner, the
trainer, or the jockey or driver of another horse engaged in the same race whose
horse suffered or could suffer because of an alleged rules violation. An
objection or protest also may be made by a racing official.
(2) Objections by a jockey or
driver to alleged interference or fouls occurring during the running of the
race shall be lodged orally with the clerk of scales or patrol judge before
dismounting, shall be relayed immediately to the stewards, and shall then be lodged
directly with the stewards. Other complaints shall be made in writing and bear
the signature of the complainant. Complaints involving racing matters lodged
during a race meeting shall be addressed to the stewards. Complaints lodged
after the termination of a race meeting shall be addressed to the
commissioner.
(3) A person making an
objection determined by the stewards or commissioner to be unreasonable,
unwarranted, or frivolous may be subject to a fine in an amount offsetting
expenses incurred in determining the objection.
(3) Complaints lodged during a race meeting shall be addressed to the stewards. Complaints lodged after the termination of a race meeting shall be addressed to the executive director.
R 431.1210 Protests, objections, or complaints; time.
Rule 1210. (1) Protests, objections, or complaints based on the following rule violations shall be lodged by persons aggrieved within the times prescribed:
(a) At least 1 hour before post time if the protest is based on incorrect weight allowance claimed for a horse entered to race.
(b) Before the race has been posted as official if the objection is based on interference by a horse, improper course covered by a horse, foul riding or driving, or any other matter occurring during or incidental to the running of a race.
(c) Not later
than 1 year 48 hours after the race was run if the complaint is
based on fraudulent or willful misstatement in entry under which a horse has
run or any other rule violation.
(d) (2) LicenseesOwners,
authorized agents of owners, trainers, jockeys, and drivers who make
unreasonable, unwarranted, or frivolous complaints, objections, or protests may
be subject to disciplinary action including a fine in an amount offsetting
expenses incurred in determining the complaint, objection, or protest.
R 431.1215 Disputed races.
Rule 1215. If, after a race has been declared official,
the result of a race is placed in dispute by the lodging of a protest, objection,
complaint, or appeal or by discovery of an alleged violation of the act or
rules, all of the following provisions apply, pending determination of the
disputed race:
(a) When, in addition to the
lodging of a protest, objection, complaint, or appeal or the
discovery of an alleged violation, a positive laboratory test is reported, the
stewards shall order that money from a disputed race be held by the
association. The purse money being held shall be deposited in an escrow account
established for that purpose. The proceeds, including interest accrued, shall
be withdrawn and distributed according to the ruling of the stewards or by the
final order of the racing commissioner executive director in a contested
case, once the period of judicial review has lapsed. However, any portion of
the purse money or other reward, the distribution of which would not be
affected by the determination of thesuch dispute or contested
case, may be distributed at the discretion of the stewards or commissioner executive
director.
(b) If purse monies or other
rewards have been awarded to a licensee before the lodging of a protest,
objection, or complaint or appeal or the discovery of an alleged
violation of the act or rules which places the outcome of a race in dispute, suchthe
monies or reward shall be returned immediately to the association on orders
of the stewards.
(c) The horse which that
crosses the finish line first and any other horse for which the race is
authoritatively claimed shall be liable for all penalties attaching to the winner
of that race until the matter is finally adjudicated.
R 431.1220 Determination of dispute.
Rule 1220. (1) The stewards shall make a determination on
all protests, objections, complaints, or alleged violations of the act or rules
lodged or discovered after a race has been declared official and shall issue a
ruling thereon. If the stewards find that the act or rule was violated, the
stewards may take disciplinary action against persons responsible, disqualify
any horses in the disputed race, and award the purse money and other rewards in
accordance withpursuant to the determined order of finish in suchthe
disputed race.
(2) If a horse is disqualified after a race has been declared official and the disqualification causes a revision of the order of finish of a race, the pari-mutuel payoff shall not be affected.
(3) Every objection, complaint,
protest, or allegation of a rule violation shall be determined by the stewards,
but an appeal may be directed to the commissioner.
R 431.1230 Fines; suspensions.
Rule 1230. (1) A fine imposed by the stewards or commissioner
executive director is payable within 510 calendar days
of proper notice to the licensee fined. A licensee who fails to pay suchthe
fine within 510 calendar days of proper notice, if a written
appeal has not been filed and a stay of penalty has not been granted, shall be
suspended and remain suspended until the fine is paid.
(2) Unless fraud has been committed,
all jockeys and drivers temporarily suspended shall be permitted, for 2 days following
suchthe temporary suspension, to fulfill all engagements made
before the suspension.
(3) A licensee who is suspended
in any recognized racing jurisdiction is suspended from participation in Michigan
for as long as his or her sentence continues, unless otherwise modified by the commissioner.
R 431.1235 Appeals; stays.
Rule 1235. (1) A person aggrieved by any ruling, action, or
decision of the stewards, or by any disciplinary action or administrative
action taken by the stewards, may have a review of the decision before the commissioner
executive director.
(2) A licensee may apply to the commissioner
executive director for a stay of disciplinary action imposed by the
stewards pending disposition of thesuch appeal by the commissioner
executive director.
(3) All appeals shall be filed, in
writing, with the commissioner executive director within 10 days
of proper notice of the penalty or imposition of the discipline.
R 431.1240 Final decisions and orders.
Rule 1240. A final decision or order of the commissioner
executive director shall be made, within a reasonable period, in
writing or stated in the record, and shall include findings of fact and
conclusions of law. A decision or order shall not be made except upon
consideration of the record as a whole or thesuch portion thereof
of the record as may be cited by any party to the proceedings and as
supported by and in accordance with the competent, material, and substantial
evidence. A copy of the decision or order shall be delivered or mailed to each
party and to his or her attorney of record, if any.
R 431.1245 Declaratory order or ruling.
Rule 1245. (1) Pursuant to section 63 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.263, any person
may request a declaratory ruling as to the applicability to an actual state of
facts of a statute, rule, or order administered by the racing commissioner executive
director.
(2) A request for a declaratory
ruling shall be submitted in writing to the Racing Commissioner
executive director, Michigan Office of Racing Commissioner, PO Box
30773, Lansing, MI 48909-8273 and shall contain all of the following
information:
(a) Specific reference to the statute, rule, or order in question.
(b) A complete account of the facts which actually exist for which the declaratory ruling is sought.
(c) Contact information and the signature of the requestor.
(3) Within 45 business 90
calendar days after receiving a submitted request, the commissioner
shall executive director shall issue a written notification by
regular first-class mail to the petitioner and the petitioner’s legal counsel,
if any, stating notify any person of record as to whether the
declaratory ruling will be issued or denied.
(4) The request may be declined
executive director may deny a request for declaratory ruling for
any of the following reasons:
(a) The subject matter of the request is frivolous on its face.
(b) The statement of actual facts or issues contained in a request is indefinite, incomplete, or lacks specificity.
(c) The same, or substantially similar, actual state of facts or issue of law is under investigation or is subject to any litigation, pending or resolved.
(d) The issue in question is commonly accepted practice by industry wide standards.
(e) Other reason as determined by the executive director.
(5) Denials shall include the
facts upon which the denial has been made.
(5) After the executive director decides to issue a declaratory ruling under subrule (3) of this rule, the executive director may do any of the following:
(a) Request more information from the person.
(b) Request information from other interested persons.
(c) Request information from experts.
(d) Request oral or written arguments from interested parties.
(e) Hold a hearing upon proper notice to all interested parties.
(f) Issue a declaratory ruling.
(g) Reconsider the decision to issue a declaratory ruling.
(6) A declaratory ruling shall include a statement or findings of fact, conclusions of law supported by legal authority or reasoned opinion, and the ruling or determination made.
(7) Once issued, a ruling is
binding on the office of racing commissioner the executive director
and shall not retroactively be changed, but nothing in this rule shall prohibits
the commissioner executive director from prospectively changing a
ruling.
(8) Upon a written request to the commissionerexecutive
director, a person may inspect, copy, or receive a copy of a declaratory
ruling.
R 431.1250 Stewards; duties; approval; majority
vote.
Rule 1250. (1) The stewards shall supervise and regulate the
conduct of racing at each licensed race meeting.
(2) A steward nominated by the association
conducting a race meeting is subject to the approval of the commissioner.
(2)(3) All
questions to be decided by the stewards shall be determined by majority vote. A
dissenting steward may submit a minority report.
(4) The name of an association's
nominee for steward shall be submitted for approval not less than 30 days
before the scheduled start of the race meeting. A steward shall not serve
unless approved by the commissioner. Disapproval shall be for cause.
R 431.1255 Stewards; qualifications.
Rule 1255. (1) Before being appointed or approved by
the commissionerexecutive director to serve in the capacity of
steward, an applicant shall be certified or become certified by a national
organization and have been employed as any of the following at a recognized
meet or meetings for a period of not less than 60 racing days a year, during
not less than 3 of the 5 preceding calendar years unless approved by the
executive director:
(a) Steward.
(b) Assistant
or associate steward.
(cb)
Racing secretary.
(dc)
Assistant racing secretary.
(ed)
Official Sstarter.
(fe)
Placing judge.
(gf)
Patrol judge.
(hg)
Paddock judge.
(ih)
Clerk of scales.
(i) Racing regulatory veterinarian.
(2) However, if If
no acceptable applicant possesses these the qualifications described
in subrule (1) of this rule, a person approved or appointed shall have had prior
experience in horse racing, such as an owner, trainer, jockey, or driver, or such
other related experience as the commissioner executive director deemsconsiders
pertinent.
R 431.1260 Authority of stewards.
Rule 1260. Stewards are authorized to do all of the following:
(a) Make all findings of fact as
to all matters occurring during an incident to the running of a race; determine
all objections and inquiries based on the interference by a horse, improper
course covered by a horse, foul riding by a jockey, foul driving by a driver,
and all other matters occurring during an incident to the running of a race; and
determine the extent of disqualification, if any, of horses in a race for a foul
committed during thesuch race. SuchThe findings of
fact and determinations shall be are final, but subject to
appeal. In the performance of their duties, stewards have unrestricted
access to all areas used and under the jurisdiction of other racing officials
and to all areas used by occupational licensees for racing purposes.
(b) Determine all protests,
complaints, or objections concerning the conduct of racing which arise during a
race meeting and to enforce thesuch determinations.
(c) Fine, suspend, or rule off a
participant in racing, or order ejected or excluded from associationthe
grounds any person, licensed or unlicensed, upon a reasonable belief that a
violation of these rules has occurred.
(d) Fine, suspend, or rule off a
participant in racing who, in their opinion, has acted to the detriment of racing,
and order ejected or excluded from the association grounds any
other disorderly person.
(e) Interpret and enforce the rules
of racing and determine all questions pertaining to a racing matter not
specifically covered by these rules in conformity with justice and the best
interest of racing, subject to the authority and orders of the commissioner executive
director.
(f) Issue decisions or rulings
pertaining to the conduct of racing which shall supersede orders of the
officers, directors, and officials of an association and which shall, if the stewards
deemconsider proper, vary any arrangement for the conduct of a race
meeting, including without limitation, postponing a race, cancelling a race, or
ruling a race run as no contest.
(g) Request and receive assistance in the investigation of possible rule infractions from all of the following:
(i) Employees of
the commissioner executive director.
(ii) Racing officials.
(iii) Track security forces.
(iv) State and local police.
(v) Investigators representing trade groups to which associations may belong.
(h) Conduct hearings on all questions, disputes, protests, complaints, or objections concerning racing matters.
(i) Exclude from any race a horse which is improperly equipped, dangerous, unmanageable, unfit to race, liable to cause accident or injury to another horse or a jockey or driver in a race, or of questionable identity.
(j) Order, at any time, an
examination, by suchthe persons as the stewards consider appropriate,
of any horse on the grounds or eligible to race at the meeting; order the examination
of ownership papers, certificates, documents of eligibility, contracts, or
leases pertaining to suchthe horse; and require an affidavit of
ownership or interest in any horse.
(k) Refuse, for good cause, the entry to any race of any horse which is ineligible to race and order any horse removed from the grounds.
(l) Order redistribution of race purses when the stewards consider it appropriate.
R 431.1261 Weather related race course conditions.
Rule 1261. (1) When the condition of the race course is in question due to weather, the stewards may consult with the association, outrider, a representative of the certified horsemen’s organization, a representative of the jockey/driver community, or any other individuals considered appropriate by the stewards. The stewards shall determine whether to cancel races for that day.
(2) Upon a decision by the stewards that race course conditions are unsafe for racing, all races for that day must be canceled.
(3) Upon a decision by the stewards that race course conditions are safe for racing, only permitted withdrawals approved by the stewards must be allowed.
R 431.1265 Referral to commissioner executive
director.
Rule 1265. The stewards may refer any matter within their
authority to the commissioner executive director, summarily
and without hearing, when, in their opinion, a hearing cannot be held under the
conditions or in the manner prescribed in these rules, when a hearing is
impractical due to the conclusion of the race meeting, or for other good
and sufficient cause.
R 431.1270 Detention area and holding barn.
Rule 1270. An association shall provide and maintain on its
grounds an enclosure sufficient in size and with sufficient facilities to accommodate
the stabling of horses temporarily detained for the taking of sample specimens
for chemical testing.
R 431.1275 Taking of specimens.
Rule 1275. (1) The stewards or state official
veterinarian may, at any time, order the taking of blood, urine, or other
specimen from any horse under their jurisdiction, pre-race or post-race. In all
instances, specimens shall be taken from horses finishing first the official
winning horse in a race and any other horse or horses designated by the
stewards or official veterinarian.
(2) The stewards or state official
veterinarian, at any time, may order the taking of blood, urine, or other
specimen from any horses entered in a qualifying race, after an official workout, or from any horse that is qualified or has a
current timed work in the state.
R 431.1280 Specimen collection procedure.
Rule 1280. (1) Horses from which specimens are to be drawn
shall be escorted to the detention area by such assistants as the commissioner's
veterinarian may require and remain there until releasedThe official winning horse and any other horse
ordered by the stewards or official veterinarian must be taken to the detention
area to have sample specimens taken at the direction of the official
veterinarian. A person other than the licensed owner,
trainer, driver, or attendant of a horse attendant shall not be
admitted into the detention area. No more than 2 licensees per horse are
allowed in the detention barn at once. The horse's attendant shall sign
in and out of the detention area.
(2) Stable equipment, other than
that necessary for washing and cooling out a horse, is prohibited in the
detention area. A licensed veterinarian may attend a horse in the detention
area only in the presence of the commissioner'sofficial veterinarian.
(3) During the taking of specimens
from a horse, the owner, responsible trainer, or horse attendant licensed
representative designated by such owner or trainer shall be present and
witness the taking of thesuch specimen and so signify in writing.
In the case of a claimed horse, the original owner, trainer, or a licensed
representative in whose name the horse attendant started shall
be present.
(4) Urine sample collection procedure must meet all of the following requirements:
(a4) All sample
containers shall arrive from the testing
laboratory with a tamper proof seal. Previously used for specimens shall be thoroughly cleaned in the
designated laboratory and shall be sealed with the laboratory stamp. The
laboratory stampseal shall not be broken except in the presence
of the person witnessing the specimen collection.
(b5) A urine Sspecimens
taken from a horse shall be placed in a container and sealed with an
identification tag label affixed. The sample must be placed in
the refrigerator of the restricted access detention barn laboratory. One
portion of such tag the sample form bearing a printed
identification number shall remain with the sealed container, and the other
portion of thesuch tagsample form bearing the same
printed identification number shall be detached in the presence of the witness.
The commissioner's official veterinarian or his or her assistant
shall, on the identification tag sample form, identify the horse
from which thesuch specimen was taken, and shall note the race
and day and any other information required. The tag sample
form shall be verified by the person witnessing the specimen collection. The
sample form must be delivered to the official veterinarian’s office and placed
in a secure area. And the detached portion of the identification tag shall
be delivered to the commissioner's office.
Every precaution shall be taken to ensure that a member of the laboratory staff
does not know the identity of the horse from which a specimen was taken before
the completion of all testing and reporting thereon.
(c6) A horse's
identity shall be confirmed by tattoo number or unique microchip. A horse
which has not been tattooed cannot be properly identified shall
be reported immediately to the stewards.
(d7) If, after a
horse remains a reasonable time in the detention area, a specimen cannot be
taken from suchthe horse, the commissioner's official veterinarian may permit thesuch
horse to be returned to its barn and usual surroundings for the taking of a
specimen under the supervision of the commissioner's official veterinarian or his or her assistantdesignee.
A diuretic to facilitate urination shall not be administered, but an alternate
specimen may be taken.
(5) Blood sample collection procedure must meet all of the following requirements:
(a) The official veterinarian shall confirm the blood collection tubes sent from the testing laboratory arrive in a sealed box and the blood collection tubes inside are sealed in a manner to prevent contamination. The expiration date on the blood collection tubes must be checked to confirm the tubes are valid until the end of the race meeting. If the blood collection tubes are not packaged in a manner to prevent contamination or the expiration date is before the end of the race meeting, all boxes of blood collection tubes affected shall be returned to the testing laboratory.
(b) The official veterinarian shall select appropriate blood collection tubes to be used along with a single use needle guard and a sterile single use needle with secure safety seal. The appropriate blood collection tubes must be carried in hand to the horse’s stall. If needed, the assistant to the official veterinarian may assist. Sample tag information must be verified with the owner, trainer, or horse attendant by having that individual confirm that the horse’s name and identification number on the sample tag is the same as the horse to be sampled.
(c) If in the process of preparing to draw blood or while drawing blood, a tube or needle (even if still encased in the protective cover) falls to the ground, it must be replaced with a new tube or needle.
(d) When the blood draw is complete, all tubes shall be labeled with bar code stickers from the sample tag in the presence of the owner, trainer, or horse attendant.
(e) Once labeled, the tubes must be placed in the restricted access detention barn laboratory.
(f) The trainer shall have a horse attendant present in the detention barn that is capable of restraining the horse for blood collection.
(g) Sample collection may be terminated at the discretion of the official veterinarian if continued attempts at the blood draw pose a risk to the horse, official veterinarian, or his or her assistant.
(8) The commissioner's veterinarian
shall be responsible for the proper storage of samples and the delivery of the samples
to the designated laboratory.
(9) An owner, trainer,
assistant trainer, groom, stable attendant, or other licensed person who
interferes with, or uses abusive or insulting language when addressing, the
state veterinarian or his or her assistants appointed by the commissioner while
in the discharge of their duties is subject to disciplinary action.
R 431.1285 Specimen testing procedures; permission for distribution
of purseRescinded.
Rule 1285. (1) The supervising chemist of the designated
laboratory shall be responsible for safeguarding and testing specimens delivered
to his or her laboratory.
(2) The designated laboratory
shall submit to the stewards, with a copy to the commissioner, a written report
as to each specimen tested which indicates, by specimen tag identification
number, whether such specimen tested negative, suspicious, or positive for
prohibited drugs, and other such information the commissioner may require.
(3) If the designated
laboratory finds a specimen suspicious for a prohibited drug, the supervising
chemist may request additional time for test analysis and confirmation.
(4) An association shall not
make distribution of any purse until given permission by the stewards or
commissioner.
R 431.1290 Laboratory reportsRescinded.
Rule 1290. (1) In reporting a finding of a drug, the designated
laboratory shall submit, upon request, evidence acceptable in the scientific
community and admissible in court in support of such finding.
(2) The designated laboratory
shall submit, upon request, supplemental reports on suspicious findings.
(3) When the report of finding
of a drug is received by the stewards, they shall call for whatever
investigatory assistance they deem necessary. Results of this investigation
shall be presented to the stewards. The stable shall remain in good standing
pending the outcome of a hearing and until a ruling has been made, except that a
horse identified with the report shall not be permitted to compete during the investigation
and hearing. The stewards may take disciplinary action against the trainer and
other licensees involved in the matter. The purse from the race may be
redistributed by order of the stewards. A horse shall not be immune from
resulting disciplinary action.
R 431.1295 Trainers; responsibilities; positive test presumptions.
Rule 1295. (1) A trainer shall beis responsible
at all times for the condition of all horses trained by him or her. A trainer
shall not start a horse or permit a horse in his or her custody, care, or control
to be started if he or she knows, or, through the exercise of reasonable care,
might have known, or has cause to believe, that the horse has received a drug
that could result in a finding of a drug. Every trainer shall assure that each
horse trained by him or her is protected so as to prevent any horse from
receiving a prohibited drug.
(2) When a finding of a drug is reported, the following shall be presumed concerning the horse from which the sample was taken:
(a) If the horse raced, that the drug was present in the horse during its race; or if the horse was scratched, that the drug would have been present in the horse at the time of the race from which scratched.
(b) The drug was administered at such time that the pharmacological effect of the drug remained present in the horse.
(c) The drug was administered by a person or persons who had control, care, or custody of the horse.
(3) Pending the outcome of a stewards’ hearing, the trainer shall remain in good standing, except that a horse identified with the laboratory report shall not be permitted to compete during the investigation and stewards’ hearing. A horse is not immune from resulting disciplinary action.
(4) A trainer shall create and maintain full and accurate electronic or paper records of all treatments given to or performed on a horse in his or her care. The records must include all of the following:
(a) The name of the horse.
(b) The veterinary procedures performed, including when performed and by whom.
(c) All substances and medications administered, including all of the following:
(i) The name of the substance or medication.
(ii) Date and time of administration.
(iii) Dosage administered.
(iv) Route of administration.
(5) The records must be maintained 30 days before a live race meeting through the end of that race meeting. Records must be preserved for a minimum of 6 months and be available for inspection by the stewards or official veterinarian on demand.
(6) A trainer must promptly notify the official veterinarian or steward of any reportable disease and any unusual incidence of a communicable illness in any horse in his or her charge.
(7) If a horse participating in a live race meeting is seriously injured or dies, the trainer must promptly report the incident to the stewards or the official veterinarian. As used in this subrule, "participating in a live race meeting" includes 30 days before the live race meeting starts and continues for 30 days after the live race meeting ends.
R 431.1301 Drugs and foreign substancesMedications
and drugs.
Rule 1301. (1) It is the intent of these rules to protect
the integrity of horse racing, to guard the health of the horse, and to
safeguard the interest of the public and the racing participants through the
prohibition or control of all drugs, medications, and foreign substances
foreign to the natural horse, or naturally occurring substances at unnaturally
high levels.
(2) With the exception of normal feed, electrolytes, vitamins, and water by mouth, no substance may be administered to any horse on race-day before the race in which it is entered, unless such treatment is authorized by the executive director. This includes any substance administered by injection, directly into the mouth, by inhalation, topically, or by any other method of administration.
(3)(2) A drug or
foreign substance, as defined by the act, that is classified as or acts as a
stimulant, depressant, anesthetic, tranquilizer, painkiller, or narcotic to a
horse shall not be administered to a horse that is intended to be entered,
is entered, or be present in a horse that participates, in a race with
wagering by pari-mutuel methods or any nonbetting race or workout. That
is conducted at a licensed race meeting in the state. For the purposes of this
rule, a horse that is intended to be entered is a horse that has its name put
into the draw for a specific race. A horse that is entered in a race is a horse
that has been drawn into a specific race.
(4)(3) A drug or
foreign substance, as defined by the act, that is not classified as or does
not act as a stimulant, depressant, anesthetic, tranquilizer, painkiller, or
narcotic to a horse may be administered to a horse that is intended to be
entered, is entered, or be present in a horse that participates,
in a race with wagering by pari-mutuel methods or any nonbetting race or
workout that is conducted at a licensed race meeting in the state
only when authorized by the rules or written order of the commissioner
executive director for use in the care or treatment of the horse.
(4) Phenylbutazone is
authorized for administration to a horse that is intended to be entered, is
entered, or participates, in a race with wagering by pari-mutuel methods or any
nonbetting race that is conducted at a licensed race meeting in the state if
all of the following conditions are met:
(a) Before administration, a
veterinarian who is licensed by the commissioner shall have prescribed the
use of phenylbutazone for the cure or treatment of an existing illness,
disease, or condition in the horse.
(b) The phenylbutazone shall be
administered to the horse by a veterinarian who is licensed by the
commissioner or, if administered orally, by the trainer of the horse who is acting
under the direction of the veterinarian.
(c) Blood samples that are
obtained for testing shall not contain concentrations of phenylbutazone or
oxyphenbutazone of more than 5 micrograms per milliliter of serum or plasma.
Serum or plasma samples that contain concentrations of more than 5 micrograms
per milliliter of phenylbutazone or oxyphenbutazone violate these rules and
subject the trainer to disciplinary action by the commissioner.
(d) Phenylbutazone shall not be
administered to a 2-year-old horse that is intended to be entered, is entered,
or participates, in a race at a licensed race meeting in the state.
(5) Furosemide is authorized
for administration to a horse that is intended to be entered, is entered, or participates,
in a race with wagering by pari-mutuel methods or any nonbetting race that
is conducted at a licensed race meeting in the state if all of the following
conditions are met:
(a) After the horse’s licensed
trainer and licensed veterinarian determine that it would be in the horse’s best
interests to race with furosemide, they shall notify the official veterinarian
or his/ or her designee, using the prescribed form, that they wish the
horse to be put on the furosemide list.
(b) The form must be received
by the official veterinarian
or his/or her designee by the time of entry.
(c) If a horse has been
determined to require furosemide by a veterinarian and trainer who are
employed or licensed by another racing jurisdiction, then the commissioner’s
veterinarian shall place the horse’s name on the furosemide list and authorize
the horse to race in Michigan on furosemide upon the presentation of any of the
following by the horse's trainer:
(i) Written certification from
a licensed veterinarian in another racing jurisdiction that the horse is
a furosemide user or requires furosemide.
(ii) Written verification on
the horse’s foal papers or eligibility papers that the horse is a furosemide
user.
(iii) Publication in official
charts or past performance lines for the horse that identifies the horse as a
furosemide user.
(d) A horse placed on the
official furosemide list must remain on that list unless the licensed
trainer and licensed veterinarian submit a written request to remove the horse
from the list. The request shall be made to the commissioner’s veterinarian or
his/ or her designee before time of entry. A horse that has been removed
from the furosemide list may not be placed back on the list for a period of 60
calendar days, unless it is observed and certified to be a bleeder by a licensed
veterinarian. Certification by the licensed veterinarian shall be in writing on
the prescribed form and, once certified, the horse shall be placed on the stewards’
list for the required number of days as provided in R 431.1325.
(e) A horse which has been
placed on the furosemide list shall be administered furosemide in compliance
with these rules not less than 34 hours before the scheduled post time
within the restricted area of the racetrack for each race in which the
horse is entered. A grace period of 30 minutes may be granted by the stewards
upon notification that the horse has been delayed in reaching the track.
(f) The allowable dosage of
furosemide shall be determined by the commissioner.
(g) The furosemide shall be
administered by a veterinarian who is licensed by the commissioner.
(h) Each time furosemide is
administered pursuant to the provisions of this rule, the attending veterinarian
shall verify the administration on a form prescribed by the commissioner before
the scheduled post time of the race in which the horse is entered.
(i) Furosemide shall not be
administered to a 2-year-old standardbred horse that is intended to be entered,
is entered, or participates, in a race at a licensed race meeting in the state.
(56) Leg paints and
liniments may be administered externally to a horse by topical application if they
do not contain ethyl aminobenzoate or any caine derivatives and if
they can be applied topically without penetrating the skin.
(7) A drug or foreign
substance, as defined by the act, shall not be present or carried in a horse
that is entered or participates in any race conducted at a licensed race
meeting in the state, unless the drug or foreign substance has been
specifically authorized by the commissioner for use in the cure or
treatment of an existing illness, disease, or condition in the horse pursuant
to the provisions of subrules (4), (5), and (6) of this rule.
(67) A banned
drug, an Association of Racing Commissioners International, Inc. (ARCI) class 1
drug, or a non-FDA approved drug shall not be present or carried in a horse
that is qualified or has a current timed work in the state.
(78) A finding by
the commissioner’s executive director’s designated laboratory
that a drug or foreign substance, as defined by the act, is present in a urine,
blood, or any other type of sample that is obtained by authorized
representatives of the commissioner executive director from a
horse that is intended to be entered, is entered, or participates in a race
with wagering by pari-mutuel methods or any nonbetting race or workout,
in a race that is conducted at a licensed race meeting in
the state or training center shall beis prima facie
evidence that such drug or foreign substance was present and carried in the
body of the horse after the horse was entered in the race and at the timewhen
the sample was obtained from the horse. Such laboratory finding shall also
constitutes prima facie evidence that the trainer and his or her
employees or agents who are responsible for the care or custody of the horse
have been negligent in handling, safeguarding, and caring for the horse before,
during, and after the race before the test sample was obtained.
(8) A finding by the executive director's designated laboratory that a banned drug, an ARCI class 1 drug, or a non-FDA approved drug is present in a urine, blood, or any other type of sample that is obtained by authorized representatives of the executive director from a horse that is qualified or has a current timed work in the state is prima facie evidence that the banned drug, the ARCI class 1 drug, or the non-FDA approved drug was present and carried in the body of the horse when the sample was obtained from the horse. Such laboratory finding shall also constitute prima facie evidence that the trainer and his or her employees or agents who are responsible for the care or custody of the horse have been negligent in handling, safeguarding, and caring for the horse before the test sample was obtained.
(9) A
veterinarian or any other person shall not have, in his or her possession,
within any racetrack enclosure, any drug or foreign substance that has not been
approved by the food and drug administration pursuant to the federal food, drug
and cosmetic act, as amended through December 31, 2004, Section 108 of Animal
Drug Amendments of 1968.
(10) A person, other than a
veterinarian who is licensed by the commissioner or a person with written permission
from the commissioner, a deputy commissioner, state steward, or commissioner’s
designee, shall not have, in his or her possession, on the grounds of a
licensed race meeting, any drug or foreign substance, as defined by the act,
that is classified or acts as a stimulant, depressant, anesthetic,
tranquilizer, painkiller, or narcotic to a horse.
(11) A person, other than a
veterinarian who is licensed by the commissioner or a person with written
permission from the commissioner, a deputy commissioner, state steward, or
commissioner’s designee, shall not have, in his or her possession, on the
grounds of a licensed race meeting, any hypodermic needle or syringe or other
equipment for hypodermic administration; any drug or foreign substance, as
defined by the act, that can be administered by hypodermic or rectal
administration; or any suppositories or equipment for rectal infusion.
(12) Notwithstanding the
provisions of subrules (10) and (11) of this rule, a person may have, in his or
her possession, on the grounds of a licensed race meeting, any drug or foreign
substance, as defined by the act, for administration to his or her own person,
if such possession is otherwise permitted under state or federal law. If state
or federal law prohibits the dispensing of the drug or foreign substance
without a prescription, then the person who is in possession of the drug or
foreign substance shall also have, in his or her possession, documentary
evidence that a valid prescription for the drug or foreign substance was issued
to him or her. If the drug or foreign substance is classified or acts as a
stimulant, depressant, anesthetic, tranquilizer, painkiller, or narcotic, then
the person shall not possess or use the drug or foreign substance on his or her
own person on the grounds of a licensed race meeting unless he or she first
obtains specific written permission from the commissioner, a deputy
commissioner, a state steward or a commissioner’s designee, for such possession
and use on racetrack grounds.
(13) Notwithstanding the
provisions of subrule (11) of this rule, a person may possess, on the grounds
of a licensed race meeting, hypodermic needles and syringes and suppositories
and equipment for rectal infusion for the purpose of administering a prescribed
drug or foreign substance to himself or herself if he or she has first notified
the commissioner, a deputy commissioner, a state steward, or commissioner’s
designee, of his or her possession of the hypodermic needles, syringes,
suppositories, or rectal infusion equipment and the drug or foreign substance
to be administered and has received specific written permission from the
commissioner, deputy commissioner, a state steward, or commissioner’s designee
to possess and use the hypodermic needles, syringes, suppositories, or rectal
infusion equipment and the drug or foreign substance on himself or herself
while on racetrack grounds.
(14) A veterinarian who is
licensed by the racing commissioner may possess, on the grounds of a licensed
race meeting, any equipment and any drugs or foreign substances, as defined by
the act, which are recognized and accepted in veterinary medicine for use in
the veterinary care and treatment of horses and which are not otherwise
prohibited under state or federal law.
(9)(15) When
imposing penalties for a violation of the provisions of this rule, the commissioner
executive director, deputy directors commissioners, or the
stewards shall consider all relevant factors, including, but not limited to,
all of the following:
(a) The nature of the unauthorized drug or foreign substance or drug paraphernalia that is involved and its effect or potential effect on a horse's racing performance or the outcome of the race.
(b) The purpose or reason for the violator's possession or use of the unauthorized drug, foreign substance, or drug paraphernalia.
(c) The availability of the drug, that is, can it be purchased over the counter, only with a prescription, or only with a license for controlled substances, or otherwise legally purchased and possessed in this country.
(d) The age
and experience of the violator.
(e) Whether the violator has a past record of drug-related violations in this or any other jurisdiction.
(f) What action,
if any, was taken by the violator of the rules to avoid such violation?.
(g) The average
handle at the race meeting where the violation occurred and the purse in the
questioned race.
(g) (h)
The past performance lines of the horse in question in relation to its
performance and reasonably expected performance in the questioned race.
(10) The stewards shallare
not be required to articulate any of the foregoingfactors listed
in subrule (9) of this rule in their ruling, nor shall ignorance of
the rules be deemed considered a mitigating factor.
R 431.1302 Possession and use of drugs and foreign substances.
Rule 1302. (1) A licensed veterinarian shall maintain veterinary records, in a manner approved by the executive director which accurately record all services rendered and medication prescribed and which include the name of the horse treated, date of the treatment, and name of the trainer. Such records shall be made available to the executive director or his or her authorized representative on demand.
(2) A licensed veterinarian shall report to the official veterinarian or to the stewards internal medication given by the licensed veterinarian, or given at his or her direction, to a horse known by him or her to be entered in a race. The trainer shall also make such report to the official veterinarian or to the stewards. If a drug is to be administered internally before scratch time to a horse which is entered to race, such fact shall be reported by the trainer or the licensed veterinarian to the stewards or an authorized representative of the executive director before scratch time and before treatment. If administration of a drug is to be made after scratch time, it shall be reported to the stewards or an authorized representative of the executive director immediately and before treatment unless in the opinion of the licensed veterinarian, humane concerns indicate immediate treatment is required.
(3) A licensed veterinarian shall report to the official veterinarian or to the stewards any racehorse in training that he or she euthanizes 30 days or less before the race meeting starts or that has raced at a race meeting within the previous 30 days.
(4) Neither a licensee nor any other person other than the official veterinarian shall have, in his or her possession, on the grounds, any banned drug, ARCI class 1 drug, or non-FDA approved drug.
(5) A person, other than a licensed veterinarian, official veterinarian, or a person with written permission from a steward, shall not have, in his or her possession, in his or her personal effects or vehicle, or in or upon premises he or she occupies or controls on the grounds, any drug or foreign substance, as defined by the act, for hypodermic administration or any hypodermic needle or syringe or other equipment for administration of a drug or foreign substance.
(6) Notwithstanding the provision of subrule (5) of this rule, a person may have, in his or her possession, on the grounds of a race meeting, any drug or foreign substance, as defined by the act, for administration to his or her own person, if such possession is otherwise permitted under state or federal law. If state or federal law prohibits the dispensing of the drug or foreign substance without a prescription, then the person who is in possession of the drug or foreign substance shall also have, in his or her possession, documentary evidence that a valid prescription for the drug or foreign substance was issued to him or her. If the drug or foreign substance is classified or acts as a stimulant, depressant, anesthetic, tranquilizer, painkiller, or narcotic, then the person shall not possess or use the drug or foreign substance on his or her own person on the grounds of a race meeting unless he or she first obtains specific written permission from a steward for such possession and use on the grounds.
(7) Notwithstanding the provisions of subrule (5) of this rule, a person may possess, on the grounds, hypodermic needles and syringes and suppositories and equipment for rectal infusion for the purpose of administering a prescribed drug or foreign substance to himself or herself if he or she has first notified a steward of his or her possession of the hypodermic needles, syringes, suppositories, or rectal infusion equipment and the drug or foreign substance to be administered and has received specific written permission from a steward to possess and use the hypodermic needles, syringes, suppositories, or rectal infusion equipment and the drug or foreign substance on himself or herself while on grounds.
(8) A licensed veterinarian may possess, on the grounds of a race meeting, any equipment and any drugs or foreign substances, as defined by the act, which are recognized and accepted in veterinary medicine for use in the veterinary care and treatment of horses and which are not otherwise prohibited by the executive director or under state or federal law. A licensed veterinarian shall not sell, give, or provide a hypodermic needle or syringe or any substance for hypodermic administration to any licensee on the grounds.
(9) A licensee, other than a veterinarian, may have, in his or her possession within the confines of an off–track stable, shed, building, or grounds where horses are kept which are eligible to race in the state, therapeutic medications and equipment for the administration of a drug or foreign substance under the following conditions:
(a) None of the medications may be banned drugs, ARCI class 1 drugs, or non-FDA approved drugs or be in violation of Michigan and federal compounding regulations.
(b) Any drug or medication which, by federal or state law, requires a prescription must be validly prescribed by a veterinarian, and in compliance with Michigan statutes. All such allowable medications must have a prescription label that is securely attached and clearly ascribed to show all of the following:
(i) The name of the product and active ingredients.
(ii) The name, address and telephone number of the veterinarian prescribing or dispensing the product.
(iii) The name of each horse for whom the product is intended/prescribed.
(iv) The date the drug was dispensed.
(v) The dose, dosage, duration of treatment, and expiration date of the prescribed/dispensed product.
(vi) Withholding/withdrawal times.
(vii) The name of the trainer to whom the product was dispensed.
(10) Any non-injectable drug or medication that is used or kept on the grounds and which, by federal or state law, requires a prescription must have been validly prescribed by a veterinarian, and in compliance with the applicable state statutes. All such allowable medications must have a prescription label which is securely attached and clearly ascribed to show the information in subrule (9)(b) of this rule.
R 431.1303 Veterinarian’s list
Rule 1303. (1) The official veterinarian shall maintain the veterinarian’s list of all horses that are determined to be unfit to compete in a race due to illness, positive test or overage, physical distress, unsoundness, infirmity, or any other medical condition. Horses so listed are ineligible to race in any jurisdiction until released by an official veterinarian or a racing regulatory veterinarian.
(2) A horse may be removed from the veterinarian's list when, in the opinion of the official veterinarian, the condition which caused the horse to be placed on the veterinarian’s list is resolved and the horse’s status is returned to that of racing soundness.
(3) The official veterinarian may require a horse to successfully qualify or perform a timed workout at a distance and time of his or her choosing as a condition for release from the veterinarian’s list.
(4) Horses qualifying or working to be released from the veterinarian’s list must comply with racing medication standards and are subject to post-work biologic sample collection for laboratory confirmation of compliance.
R 431.1304 Denerving and shock wave therapy.
Rule 1304. (1) A horse shall not be intended to enter, entered, or race in a race with wagering by pari-mutuel methods or any nonbetting race or workout that is conducted at a race meeting in this state if the horse has been denerved, neurectimized, desensitized, or anesthetized, at or above the ankle, by surgery, cryosurgery, chemical block, or any other means. A horse that has been subjected to any of the procedures stated in this subrule is not eligible to race until the official veterinarian has determined that sensation has returned. A licensee who performs or orders one of the procedures stated in this subrule shall be subject to disciplinary action.
(2) A horse on which any neurectomy has been performed below the ankle must be permitted to race if such fact is reported to the official veterinarian and designated on its registration certificate, electronic eligibility, or racing permit as applicable by breed.
(3) A list of all denerved horses shall be posted in the race office. A person shall not report a horse as having a neurectomy when in fact a horse has not.
(4) The use of extracorporeal shock wave therapy or radial pulse wave therapy is not permitted unless all of the following conditions are met:
(a) Any extracorporeal shock wave therapy or radial pulse wave therapy machine, whether in operating condition or not, must be registered with and approved by the executive director, or his or her authorized representative before such machine is brought to or possessed on any grounds or stable within the jurisdiction of the executive director.
(b) The use of extracorporeal shock wave therapy or radial pulse wave therapy within the jurisdiction must meet all of the following requirements:
(i) Be limited to licensed veterinarians.
(ii) Only be performed with machines that are both of the following:
(A) Registered and approved for use by the executive director.
(B) Used at a previously-disclosed location that is approved by the executive director.
(iii) Be reported within 24-hours before treatment on the prescribed form to the official veterinarian.
(c) Any treated horse shall not be permitted to race or perform a time workout for a minimum of 10 days following treatment.
(d) Any horse treated with extracorporeal shock wave therapy or radial pulse wave therapy shall be added to the veterinarian’s list. This list shall be kept in the race office, be accessible to the jockeys and their agents during normal business hours, and be made available to other regulatory jurisdictions.
(e) A horse that receives any such treatment without full compliance with this rule and similar rules in any other jurisdiction in which the horse was treated shall be placed on the veterinarian’s list.
(f) Any person participating in the use of extracorporeal shock wave therapy or the possession of the extracorporeal shock wave therapy machines, or both, in violation of this rule shall be subject to disciplinary action.
R 431.1325 Bleeders.
Rule 1325. (1) A horse that is examined and determined to
be a bleeder, as that term is defined by R 431.1001(f), shall be placed
on the veterinarian’s stewards' list for not less than 14 days
and shall not be permitted to race until the horse is examined by a an
official veterinarian who is employed or licensed by the commissioner
and is released from the stewards' list by the stewards pursuant to, and
in accordance with, the examining veterinarian's recommendation and approval.
The veterinarian’s stewards' list shall be kept and maintained by
the official stewards and the veterinarians who are employed by
the commissioner.
(2) A horse that is observed and
determined to have bled from within the respiratory tract for a second time in
a 12-month time period shall again be placed on the stewards' list and shallis
not be eligible to participate in racing for a minimum of 30 days.
(3) A horse that is observed and
determined to have bled from within the respiratory tract for a third time in a
12-month time period shall again be placed on the stewards' list and shallis
not be eligible to participate in racing for a minimum of 180 days.
(4) A horse that is observed and
determined to have bled from within the respiratory tract for a fourth time in
a 12-month time period shall again be placed on the stewards' list and shallis
not be eligible to participate in racing for a minimum of 365 days.
(5) After the expiration of the minimum
period of ineligibility set forth in subrules (2), (3), and (4) of this rule,
the subject horse shall not start again until examined by the commissioner’s official veterinarian and released
from the stewards'veterinarian’s list by the stewards pursuant
to, and in accordance with, the recommendation and approval of the commissioner's
veterinarian.
(6) The stewards' list for the
race meeting shall be posted in the racing secretary's office, the
commissioner's office, and the steward's office at each race meeting.
R 431.1330 Nullification of records.
Rule 1330. If a horse establishes a record in a race and later
laboratory chemical analysis of the sample taken indicates the
presence of a drug or foreign substance which could affect the racing
conditions or performance of a horse in a race, the record shall be is
null and void.
R 431.1335 Destruction of injured horse; euthanasia permitted.
Rule 1335. Upon a determination of the commissioner's official veterinarian that a horse
injured in a workout or a race is injured to the extent that the horse must be destroyed,
the commissioner's official
veterinarian may perform humane euthanasia after receiving written permission
from the trainer or his or her representative on a form prescribed by
the commissionerexecutive director.
R 431.1340 Postmortem of horses.
Rule 1340. (1) A horse that dies on the grounds or on a
premise related to a licensee’s participation in a live race meeting
shall not be removed before notification of
the commissioner’s official veterinarian and before permission is obtained. At the discretion of the
commissioner’s official veterinarian, a postmortem may be required. and Tthe
cost of the postmortem shall be paid
by the owner, including the cost of transportation and examination. As used
in this section, "a licensee’s participation in a live race meeting"
includes 30 days before the live race meeting starts and continues for 30 days after
the live race meeting ends.
(2) The postmortem examination may include, but is not limited to, the submission of blood, urine, other bodily fluid specimens, or other tissue specimens for analysis. Upon completion of the postmortem examination, the carcass will be returned to the owner or disposed of at the owner's option.
(3) The presence of a prohibited drug or foreign substance in a specimen collected during the postmortem examination may subject the licensee to disciplinary action.
R 431.1999 RescissionRescinded.
Rule 1999. R 431.1 to R 431.98z of the Michigan Administrative
Code, appearing on pages 4325 to 4436 of the 1979 Michigan Administrative Code,
are rescinded insofar as they apply to mutuels, thoroughbred racing, and
harness racing.
PART 2. MUTUELS
R 431.2001 Definitions; B to M.
Rule 2001. As used in this part:
(a) “Betting interest” means a single horse, or more than 1 horse joined as a mutuel entry or joined in the mutuel field, on which a single pari-mutuel wager may be placed.
(b) “Entry” means either of the
following:
(i) A horse entered in a race.
(ii) Two or more horses which
are entered in a race and which are coupled as a mutuel entry or joined in the
mutuel field pursuant to rules of the racing commissionerexecutive director.
“Breakage” means the sum totaled from the amount wagered after takeout, payout, and refunds are subtracted. This sum may yield a positive or negative figure.
(c) “Mutuel entry” means 2 or
more horses entered in a race which are coupled as a single betting interest
because the horses are owned wholly or in part by the same owners or are
trained by the same trainer.
(dc) “Mutuel field”
means a single betting interest which involves more than 1 horse and which is
formed, when the number of horses starting in a race exceeds the number
capacity of the totalisator, by grouping the highest numbered horse within the
numbering capacity of the totalisator and all horses of a higher number.
R 431.2005 Definitions; P to WRescinded.
Rule 2005. As used in this part:
(a) “Place,” when used
in the context of a single position in the order of finish in a race, means
second. When used in the context of pari-mutuel wagering, a “place” wager is
one involving a payoff on a betting interest which finished first or second in
a race. When used in the context of multiple positions in the order of finish
in a race, “place” or “placing” means finishing first, second, or third.
(b) “Post time” means the time
set for the arrival of the horses in a race at the starting post.
(c) “Scratch” means the
withdrawal of a horse entered for a race after the time of closing.
(d) “Starter” means a horse in
front of whom the stall doors of the starting gate open at the time the starter
dispatches the field or, when no starting gate is used or a mobile starting
gate is used, the starter gives the word “go.”
(e) “Winner” means a horse
whose nose reaches the wire first carrying its jockey or driver, a horse whose
nose reaches the wire at the same instant as the nose of a horse sharing first
place carrying its jockey or driver, or a horse awarded first place by the commissioner
or stewards because of the disqualification of an actual first-place
finisher.
R 431.2010 Pari-mutuel ticket sales payoffs.
Rule 2010. (1) Pari-mutuel tickets shall be sold only at either
regular ticket windows which are properly designated by signs or through
authorized systems or messengers. Pari-mutuel tickets shall not be
exchanged, except as otherwise provided for in R 431.2105, R 431.2110, and R
431.2115.
(2) Wagers shall be paid when a race
is declared official by the stewards. A race shall be deemedis official
when an official sign is purposely displayed or an official announcement is made.
Any subsequent ruling of the commissionerexecutive director or
stewards with regard to the award of purse money shall have no bearing on the
mutuel payoff.
(3) Payment on winning pari-mutuel tickets shall be made only upon presentation and surrender of such tickets.
(4) All winning pari-mutuel
tickets may be presented for payment to the association concerned within 60
days after the last day of the race meeting pursuant to section 2 of 1951 PA
90, Act No. 90 of the Public Acts of 1951, as amended, being, SMCL
431.252 of the Michigan Compiled Laws.
(5) Tickets altered or mutilated
in any way are void and worthless. Torn tickets, if properly identifiable, willmust
be honored by the association. The responsibility for identifying tickets rests
with the association.
(6) A winning ticket shall not
pay less than $1.10 on a wager of $1.00, and the minimum value of winning
tickets of a higher denomination shall be in direct proportion thereto. A
licensee shall not use any part of the state tax or the state's share of the
breakage to make up any minus pool.
(76) If there is any
error in calculation where the public is underpaid, the amount of the
underpayment shall be added to the same pool on the next race. If such an error
results in the public being overpaid, the amount of the overpayment is
chargeable against the funds of the racing association.
(87) Payments willmust
be made only on the first 3 horses passing the finish line according to the
official order of finish, except in the case of a dead heat for show, in
which case payments willmust be made on all win, place and
show finishersthe first 4 horses.
(98) If a horse is
excused from racing for any reason after the betting thereon has begun, or if a
horse becomes locked in the starting gate, the money bet on that horse shall be
refunded, except that when the horse is part of an entry or a mutuel field,
there shall be no refund if the entry or the mutuel field, as the case may be,
has at least 1 actual starter, or if the particular wager assigns the post
time favorite in place of a scratched horse.
(109) The
association shall require positive identification of a winning ticket holder before
payment when, in the stewards' discretion, circumstances warrant the action.
R 431.2015 Emergencies; errors.
Rule 2015. (1) If any emergency arises in connection with
the operation of the mutuel department and the emergency is not covered by these
rules and an immediate decision is necessary, the mutuel manager shall make the
decision, and a prompt report of the facts shall be made to the stewards and
the racing commissionerexecutive director.
(2) If an error is made in posting the odds or payoff figures on the public board, it shall be corrected promptly and only the correct amounts shall be used in the payoff, irrespective of the error that may have appeared on the public board. If, because of mechanical failure, it is impossible to promptly correct the posted payoff, a statement shall be made over the public address system stating the facts and corrections.
R 431.2020 Program requirements.
Rule 2020. (1) R 431.2001 to R 431.2015 shall be printed in not less than 6-point type in the daily program sold by each association. R 431.2001 to R 431.2015 shall be posted for the benefit of the public in not less than 2 places in the betting area of each racing association and in not less than 4 places in those racing associations providing a clubhouse area.
(2) Mutuel department rules
printed in the program or posted for the public shall be preceded by the
following statement: “All payoffs by the pari-mutuel departments of associations
licensed by the racing commissionerexecutive director are subject
to the regulations of the United States Government, the Internal Revenue
Service, and applicable statutes of the State of Michigan.”
R 431.2025 Mutuel windows.
Rule 2025. Mutuel windows shall open not less than 30 minutes
before the first race. Cashing of tickets shall begin, and selling shall resume,
as soon as possible after the official results of a race have been posted.
R 431.2030 Machine locking.
Rule 2030. (1) The pari-mutuel machines shall be locked by
a steward immediately upon the start of the race through an electrical control in
the stewards' stand or before the start of a race through a method subject to
the approval of the racing commissionerexecutive director.
(2) If the start of the race is delayed beyond the official post time, as shown on the results board, without adequate reason or explanation, the stewards may, at their discretion, lock the pari-mutuel machines.
(3) An association shallis
not be responsible for ticket sales which are not completed before the
machines are locked.
R 431.2035 Totalisators.
Rule 2035. (1) Pursuant to section 17(2)12
of the act, MCL 431.317, each association shall use a totalisator or
other mechanical device which is equal in accuracy and clearness to a totalisator
and which is approved by the racing commissionerexecutive director.
The odds board of the totalisator or other mechanical device shall be placed in
full view of the patrons.
(2) No other place or method
of betting, pool-making, wagering, or gaming shall be used or permitted.
(3) An association shall divide
the breaks equally with the state. Breaks shall be computed at all times at 10
cents and defined at the cents over any multiple of 10 otherwise payable to a
patron on a wager of $1.00.
(4) Payoff prices of tickets of
a higher denomination shall be calculated as even multiples of the payoff price
for a $1.00 wager. An association shall distribute to the persons holding
winning tickets, at a minimum, a sum not less than $1.10 calculated on the
basis of each $1.00 deposited in a pool.
R 431.2036 Breakage.
Rule 2036. All breakage retained by the association must be paid to the city or township in which the racetrack is located on a monthly basis. Breakage calculations that result in a negative figure may be carried over.
R 431.2040 Messenger bettingRescinded.
Rule 2040. A person shall not participate in or be a
party to any act or transaction relative to the placing of a wager or carrying a
wager for placement outside of a race meeting grounds. A person shall not provide
messenger service for the placing of a bet for another person who is not a
patron.
R 431.2045 On-track messengersRescinded.
Rule 2045. An association may employ messengers for the
purpose of carrying bets for patrons or for purchasing or cashing pari-mutuel tickets
under the following conditions:
(a) A detailed plan for the employment
of such messengers shall be submitted to the racing commissioner not less than 45
days before the start of the race meeting and shall be approved by the racing
commissioner.
(b) Any increased auditing cost
incurred by the state of Michigan as a result of such messenger service shall
be paid by the association, and payment shall be made within 30 days following
the conclusion of the race meeting.
(c) All messengers to be
employed in such an approved messenger service shall be listed by name in the
messenger service plan. Messengers shall wear distinctive uniforms and shall
record the purchase and cashing of pari-mutuel tickets.
(d) Messengers will be required
to purchase tickets only from certain specified pari-mutuel machines which are
not in service for sales to the general public. Receipt books and other records
in connection with such messenger service shall at all times be available to the
auditors representing the state. The association shall retain the details of all
transactions and make them available for examination by the auditors.
(e) Any overages resulting from
such messenger service shall be turned in to the state board of escheats with records
of outstanding tickets following the race meeting at which such overages occurred.
Any shortages resulting from such messenger service shall be paid from the funds
of the racing association.
R 431.2050 Betting interests; straight wagering.
Rule 2050. (1) In all races with 5 or more separate interests
which start, associations shall provide win, place, and show betting. In all
races with 4 separate interests which start, associations shall provide win and
place betting. In races of 3 or 2 separate interests which start, associations
shall provide only win betting. At the request of the association, Tthe
commissionerstewards may cancel place and/or or
show wagering, or both, at their discretionin extraordinary
circumstances. Wagering interests in stake races shall be regulated by the stewards.
Pari-mutuel tickets shall be sold accordingly.
(2) If, through accident or
otherwise, a horse or horses are withdrawn and the starting field is reduced to
a point where it is necessary to cancel the show or place pool, the pool will
must be refunded. However, holders of combined tickets shall have valid
wagers for that portion of the ticket not cancelled and a refund on the portion
cancelled.
R 431.2055 Betting interests; multiple wagering.
Rule 2055. (1) Trifecta wagering shall not be
scheduled on a race unless at least 6 separate betting interests are programmed.
In the event of a scratch, trifecta wagering on a race in which 5 separate betting
interests remain is permissible. (12) There shall be no trifecta
wagering on any race with less than 5 separate betting interests.
(23) Perfecta or
quinella wagering shall not be scheduled on a race unless at least not
less than 5 separate betting interests are programmed. In the event of a
late scratch, perfecta or quinella wagering on a race in which 4
separate betting interests remain is permitted if perfecta or quinella
wagering on that particular race had commenced before the late scratch.
(34) There shall be
no perfecta or quinella wagering on any race with less than 4 separate
betting interests.
(4) Superfecta wagering shall not be scheduled on a race unless not less than 7 separate betting interests are programmed. In the event of a scratch, superfecta wagering on a race in which 6 separate betting interests remain is permissible.
(5) There shall be no superfecta wagering on any race with less than 6 separate betting interests.
R 431.2060 Race cancellations.
Rule 2060. (1) If a race is cancelled by the stewards
after wagering begins on that race, or if a race is declared “no contest”
by the stewards in the public interest, all monies wagered shall be refunded upon
presentation and surrender of a valid ticket.
(2) A refund of money wagered
on a race or a horse pursuant to these rules shall not be made unless authentic
tickets are presented and surrendered.
R 431.2061 Simulcast purse pool distributionRescinded.
Rule 2061. (1) The commissioner shall annually issue
a simulcast purse pool distribution order in accordance with sections 2(k), 3, and
19 of the act.
(2) For purposes of simulcast
purse pool distribution under section 19 (1) (a) and (b) of the act, all of the
following provisions apply:
(a) “Thoroughbred simulcasts”, “thoroughbred
handle,” and “thoroughbred purse pools” include handle in Michigan from regulated
pari-mutuel races where jockeys ride horses as defined by R 431.1010 (e) and
the act.
(b) “Standardbred simulcasts”, “standardbred
handle,” and “standardbred purse pools” include handle in Michigan from regulated
pari-mutuel races where drivers drive horses in harness, as defined by R 431.1005(e)
and the act.
(c) Any revenues or wagering generated
or occurring at a location receiving audio or visual transmissions of any race
are the handle of that location and not the handle of the licensee sending or in
control of sending the transmissions.
(3) Each year, all certified horsemen
organizations may receive an amount approved by order of the commissioner from
the simulcast purse pool to use for general expenses. If, by February 15 of each
year, all certified horsemen organizations agree to the amount that each
organization is to receive then these amounts shall become the order of the commissioner,
provided that the amount for each certified horsemen's organization does not
exceed 1.5% of the simulcast purse pool.
(4) The commissioner may audit purse
pool accounts and expenditures and request and receive a full accounting of
purse pool accounts.
(5) Any organization or person unlawfully
interfering with the implementation or enforcement of a distribution order issued
under this rule shall be subject to sanctions. Those sanctions may include, but
are not limited to, the revocation or suspension of a license or horsemen organization's
certification, or both, granted under the act.
R 431.2070 Wagering format.
Rule 2070. All forms or variations of pari-mutuel wagering
shall not be offered at a licensed track in thisthe state of Michigan
without written permission of the racing commissionerexecutive director.
R 431.2075 Daily double.
Rule 2075. (1) The daily double is not a parlay and has no
connection with or relation to straight wagering. All tickets on the daily double
willmust be calculated in an entirely separate pool.
(2) To win a daily double, it is necessary for the purchaser of a daily double ticket to select the winners of each of the 2 races specified for the daily double. If either of his or her selections fails to win, his or her ticket is voided, except as otherwise provided.
(3) With respect to a dailyDaily
double pool, .The the amount wagered on the winning combination,
such being the horse or betting interest which finishes first in the first race
coupled with the horse finishing first in the second race of the daily double,
is deducted from the net pool to determine the profit. The profit is divided by
the amount wagered on the winning combination, such quotient being the profit
per dollar wagered on the winning daily double. Payoff includes return of the
amount wagered and the profit thereon. In addition, the following provisions
apply to daily double pools:
(a) If there is a dead heat for first involving 2 different betting interests in 1 of the 2 daily double races, the daily double pool is distributed as if it were a place pool, with 1/2 of the profit allocated to wagers combining the single winner of 1 daily double race and 1 of the betting interests involved in the dead heat in the other daily double race and with the other 1/2 of the profit allocated to wagers combining the single winner of 1 daily double race and the other betting interest involved in the dead heat in the other daily double race.
(b) If there are dead heats for first involving different betting interests in each of the daily double races which result in winning combinations, the profit shall be allocated equally to the winning combinations after first deducting from the net pool the amount wagered on all winning combinations for proportionate allocation for each such winning daily double wager.
(c) If no daily double ticket is sold combining the horse or betting interest which finishes first in 1 of the daily double races, the daily double pool is distributed as if a win pool, with the profit allocated to wagering combinations which include the horse or betting interest which finished first in 1 of the daily double races.
(d) If no daily double ticket is sold combining the horses or betting interests which finished first in both the first and second race of the daily double, then the winning combination for distribution of the daily double profit shall be that combining the horses or betting interests which finished second in each of the daily double races.
(e) If, after daily double wagering has commenced, a horse not coupled with another as a betting interest in the first race of the daily double is excused by the stewards or is prevented from racing because of failure of the starting gate to open properly, then daily double wagers combining such horse shall be deducted from the daily double pool and shall be refunded upon presentation and surrender of daily double tickets thereon.
(f) If, after the first race of the daily double has been run, a horse not coupled with another as a betting interest in the second race of the daily double is excused by the stewards or prevented from racing because of failure of the starting gate door to open properly, then daily double wagers combining the winner of the first daily double race with such horses prevented from racing in the second daily double race shall be allocated consolation payoffs.
(g) Consolation daily double payoffs shall be determined by dividing the net daily double pool by the amount wagered combining the winner of the first daily double race with every horse or betting interest scheduled to start in the second daily double race, such quotient being the consolation payoff per dollar wagered combining the winner of the first daily double race with such horse prevented from racing in the second daily double race. Payoff includes return of the amount wagered and the profit thereon.
(h) If for any
reason the first race of the daily double is cancelled and declared “no contest
race,” a full and complete refund shall be made of the
daily double pool.
(i) If for any
reason the second race of the daily double is cancelled and declared “no
contest race,” the net daily double pool shall be paid to the
holders of daily double tickets which include the winner of the first race.
R 431.2080 QuinellaRescinded.
Rule 2080. (1) The quinella is a contract by the
purchaser of a ticket to select the first 2 horses to finish in the race. The order
in which the horses finish is immaterial. All tickets on the quinella will be
calculated in an entirely separate pool.
(2) Quinella pool. The amount
wagered on the winning combination, such being the first 2 finishers
irrespective of which horse finishes first and which horse finishes second, is
deducted from the net pool to determine the profit. The profit is divided by
the amount wagered on the winning combination, such quotient being the
profit per dollar wagered on the winning quinella combination. Payoff includes the
amount wagered and profit thereon. In addition, the following provisions apply to
quinella pools:
(a) If there is a dead heat for
first between horses involving 2 different betting interests, the net quinella
pool is distributed as if no dead heat occurred. If there is a dead heat between
horses involving 3 different betting interests, the net quinella pool is
distributed as if a show pool and is allocated to wagers combining any of the 3
horses finishing in a dead heat for first.
(b) If there is a dead heat for
second between horses involving 2 different betting interests, the net quinella
pool is distributed as if a place pool and is allocated to wagers combining the
first finisher with either horse finishing in a dead heat for second. If the dead
heat is between horses involving 3 different betting interests, the net quinella
pool is distributed as if a show pool and is allocated to wagers combining the
first horse with each of the 3 horses finishing in a dead heat for second.
(c) If horses representing a
single betting interest finish first and second, the net quinella pool shall be
allocated to wagers combining such single betting interest with the horse or
betting interest which finishes third.
(d) If no quinella ticket is
sold combining the first finisher with 1 of the horses finishing in a dead heat
for second, then the net quinella pool is allocated to wagers combining the first
finisher with the other horse finishing in a dead heat for second.
(e) If no quinella ticket is
sold combining the first finisher with either of the horses finishing in a dead
heat for second, then the net quinella pool is allocated to wagers combining
the 2 horses which finished in the dead heat for second.
(f) If no quinella ticket is
sold combining the first finisher with either of the horses finishing in a dead
heat for second, or combining the 2 horses which finished in a dead heat for
second, then the net quinella pool is distributed as if a show pool and is
allocated to wagers combining any of the first 3 finishers with any
other horses.
(g) If no quinella ticket is
sold combining the first 2 finishers, then the net quinella pool shall be
distributed as if a place pool and is allocated to wagers combining the first
finisher with any other horses and to wagers combining the second finisher with
any other horse.
(h) If no quinella ticket is
sold combining horses or betting interests as would require distribution, then the
entire quinella pool shall be refunded upon presentation and surrender of
quinella tickets thereon.
R 431.2090 Trifecta.
(2) With respect to a Trifectatrifecta
pool,.Thethe amount wagered on the winning combination,
such being the horse finishing first, the horse finishing second, and the horse
finishing third, in exact order, is deducted from the net pool to determine the
profit. The profit is divided by the amount wagered on the winning combination,
such quotient being the profit per dollar wagered on the winning trifecta
combination. Payoff includes the amount wagered and profit thereon. In
addition, the following provisions apply to trifecta pools:
(a) If no ticket is sold designating, in order, the first 3 horses, the net pool shall be distributed equally among holders of tickets designating the first 2 horses in order.
(b) If no ticket is sold designating, in order, the first 2 horses, the net pool shall be distributed equally among holders of tickets designating the first horse to win.
(c) If no ticket is sold designating the first horse to win, the net pool shall be distributed equally among holders of tickets designating the second and third horses in order.
(d) If less than 3 horses finish, the payoff shall be made on tickets selecting the actual finishing horses in order, ignoring the balance of the selection.
(e) If there is
a dead heat, all trifecta tickets selecting the correct order of finish,
counting a horse in a dead heat as finishing in either position involved in the
dead heat, shall be winning tickets. The payoff will must be
calculated as a place pool.
(f) If no ticket is sold that would require distribution of a trifecta pool, the association shall make a complete and full refund of the trifecta pool.
(3) If a horse is scratched or
declared a nonstarternon-starter, all trifecta tickets previously
issued designating such horse shall be refunded and deducted from the gross
pool.
R 431.2094 Pick Three.
Rule 2094. (1) The pick three requires selection of the first-place finisher in each of 3 consecutive contests.
(2) The net pick three pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:
(a) As a single price pool to those whose selection finished first in each of the 3 contests.
(b) If there are no wagers described in subdivision (a) of this subrule, as a single price pool to those who selected the first-place finisher in any 2 of the 3 contests.
(c) If there are no wagers described in subdivision (a) or (b) of this subrule, as a single price pool to those who selected the first-place finisher in any 1 of the 3 contests.
(d) If there are no wagers described in subdivision (a), (b), or (c) of this subrule, the entire pool shall be refunded on pick 3 wagers for those contests.
(3) If there is a dead heat for first in any of the 3 contests, the pick three pool must be distributed as follows:
(a) If contestants represent the same betting interest, the pick three pool shall be distributed as if no dead heat occurred.
(b) If contestants represent 2 or more betting interests, the pick three pool shall be distributed as follows:
(i) As a profit split to those whose selections finished first in each of the 3 contests.
(ii) If there are no wagers described in paragraph (i) of this subdivision, as a single price pool to those who selected the first place finisher in any 2 of the 3 contests.
(iii) If there are no wagers described in paragraph (i) or (ii) of this subdivision, as a single price pool to those who selected the first place finisher in any 1 of the 3 contests.
(iv) If there are no wagers described in paragraph (i), (ii), or (iii) of this subdivision, the entire pick three pool shall be refunded.
(4) If a wagering interest is scratched for a pick three contest, or is designated to run for purse money only, the association shall substitute the actual favorite, as evidenced by total amounts wagered in the win pool at the host association for the contest at the close of wagering on that contest, for the scratched betting interest for all purposes, including pool calculations. If the win pool total for 2 or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.
(5) If all 3 pick three contests are cancelled or declared no contest, the entire pool shall be refunded on pick three wagers for those contests.
(6) If 1 or 2 of the pick three contests are cancelled or declared no contest, the pick three pool remains valid and shall be distributed pursuant to subrule (2) of this rule.
R 431.2095 Triple CrownRescinded.
Rule 2095. (1) The triple crown is a contract by
the purchaser of a ticket combining 3 horses, 1 in each of 3 consecutive races,
as may be designated by the track licensee with approval of the commissioner, with
the bettor selecting the horses that will finish first in each race. Payment of
winning tickets shall be made only to the holders of the tickets who have
selected the same order of finish as officially posted, except if there is a
scratch or as otherwise provided in these rules.
(2) Triple crown has no
connection with, or relation to, the win, place, and show betting pools and
shall be calculated as an entirely separate pool. Triple crown tickets
shall be labeled as triple crown tickets.
(3) If no ticket is sold
combining the third winner, the net pool shall be distributed to the holders of
tickets selecting the winners of the first 2 races of the triple crown.
(4) If no ticket is sold
combining the winner of the second race with the winner of the first race of
the triple crown, then the net pool shall be distributed to holders of winning
tickets of the first race of the triple crown as a separate win pool.
(5) If no ticket is sold that
would require distribution of the net triple crown pool as specified in sub
rules (3) and (4) of this Rule, the net pool shall be apportioned equally to holders
of tickets selecting the winning horse in either the second or third race of the
designated Triple Crown races.
(6) If a horse is scratched or
declared a nonstarter before the first race of the designated triple crown races,
all tickets designating such horse shall be refunded and the money deducted
from the gross pool.
(7) If a horse in the second
race of the designated triple crown races is scratched after the first
race of the designated triple crown races is declared official, then all
tickets combining the scratched horse with the winner of the first race of the
designated triple crown races shall become consolation tickets and shall
be paid a price per dollar computed by dividing the net triple crown pool
by the total purchase price of all tickets designating the winner of the first
race of the triple crown, and the quotient obtained shall constitute the price
to be paid to consolation ticket holders. The amount paid to all holders of a consolation
ticket, and the breakage derived therefrom, shall be subtracted from the net
pool.
(8) If a horse in the third
race of the designated triple crown races is scratched after the first
and second races of the designated triple crown have been declared
official, then all tickets combining the scratched horse with the winners of
the first race and second race of the designated triple crown races
shall become consolation tickets and shall be paid a price per dollar computed
by dividing the net triple crown pool by the total purchase price of all
tickets designating the winners of the first and second races of the triple
crown, and the quotient obtained shall constitute the price per dollar to be
paid to consolation ticket holders, and the breakage derived therefrom shall be
subtracted from the net pool.
(9) If there is a dead heat to
win in either the first, second, or third race of the designated triple crown
races, the tickets selecting the 3 winners of the triple crown races,
counting both horses which finished in the dead heat to win as winners, shall
be paid a price per dollar computed by deducting the total amount wagered on
the 2 winning combinations from the total net pool and dividing the remainder into
2 equal parts. The amount wagered on each of the 2 winning combinations shall, as
in a place pool calculation, be divided separately into shares of the net pool,
and the price per dollar derived shall constitute the price per dollar payoff for
each winning combination. If 1 combination has no winning ticket sold, then the
holders of the other winning combinations shall, as in a win pool calculation,
divide the net pool.
(10) If there is a dead heat to
win in 2 separate races or all 3 races of the designated triple crown races
or a triple dead heat in any of the designated triple crown races, all tickets
selecting the 3 winners of the triple crown races, counting all horses
who finish in the dead heats to win or, in the triple dead heat, as winners,
shall be paid a price per dollar computed by dividing the total number of all
winning combinations, as in a win pool calculation, into the net pool, and the prices
per dollar derived shall constitute the per dollar payoff, with all holders of
winning combinations receiving the same payoff price.
R 431.2096 Pick Four.
Rule 2096. (1) The pick four requires selection of the first place finisher in each of 4 consecutive contests.
(2) The net pick four pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:
(a) As a single price pool to those whose selection finished first in each of the 4 contests.
(b) If there are no wagers described in subdivision (a) of this subrule, as a single price pool to those who selected the first-place finisher in any 3 of the 4 contests.
(c) If there are no wagers described in subdivision (a) or (b) of this subrule, as a single price pool to those who selected the first-place finisher in any 2 of the 4 contests.
(d) If there are no wagers described in subdivision (a), (b), or (c) of this subrule, as a single price pool to those who selected the first-place finisher in any 1 of the 4 contests.
(e) If there are no wagers described in subdivision (a), (b), (c), or (d) of this subrule, the entire pool shall be refunded on pick four wagers for those contests.
(3) If there is a dead heat for first in any of the pick four contests, the pick four pool must be distributed as follows:
(a) If contestants represent the same betting interest, the pick four pool shall be distributed as if no dead heat occurred.
(b) If contestants representing 2 or more betting interests, the pick four pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.
(4) If a wagering interest is scratched for a pick four contest, or is designated to run for purse money only, the association shall substitute the actual favorite, as evidenced by total amounts wagered in the win pool at the host association for the contest at the close of wagering on that contest, for the scratched betting interest for all purposes, including pool calculations. If the win pool total for 2 or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.
(5) The pick four pool shall be cancelled and all pick four wagers for the individual performance shall be refunded, if at least 3 contests included as part of a pick four are cancelled or declared no contest.
(6) If at least 1 contest included as part of a pick four is cancelled or declared no contest, but not more than 2 contests, the net pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of pick four contests for that performance.
R 431.2100 Special sweepstakesRescinded.
Rule 2100. (1) The special sweepstakes pari-mutuel
pool is not a parlay and has no connection with, or relation to, any other pari-mutuel
pool conducted by the association; any win, place, and show pool; or to the
rules governing the distribution of other pools.
(2) A valid
special sweepstakes ticket shall be evidence of a binding contract between the
holder of the ticket and the racing association, and the ticket shall
constitute an acceptance of special sweepstakes rules.
(3) A
special sweepstakes may be given a distinctive name, to be selected by the
association conducting such races, such as “pick six” or “super sweepstakes,”
subject to the approval of the racing commissioner.
(4) The special
sweepstakes pari-mutuel pool consists of amounts contributed for a selection
for win only in each of 6 races (legs) designated by the association with the approval
of the racing commissioner. Each person purchasing a special sweepstakes ticket
shall designate the winning horse in each of the 6 races comprising the special
sweepstakes.
(5) A
special sweepstakes shall be operated at regular intervals during the race
meeting in accordance with a schedule prepared in advance by the association
and approved by the racing commissioner. The schedule shall be attached to the
association's application to operate a special sweepstakes and shall be
published in the association's daily race program for each racing card of the
race meeting that the wager is operated. The schedule shall not be altered
without the approval of the racing commissioner. There shall be a mandatory
distribution day as established in advance by the association and approved by
the racing commissioner. Not more than 1 special sweepstakes shall be held
during 1 racing card.
(6) After
betting has started or closed on the special sweepstakes, other horses which
are also eligible to enter a race shall not be entered in any race on which the
wager is being held.
(7) An association
shall sell special sweepstakes tickets in any denomination, with a minimum of
$2.00.
(8) Those
horses constituting an entry of coupled horses or those horses coupled to constitute
the field in a race comprising the special sweepstakes shall race as a single
wagering interest for the purpose of the special sweepstakes pari-mutuel pool
calculations and payouts to the public. However, if any part of either an entry
or the field racing as a single wagering interest is a starter in a race, the
entry or the field selection shall remain as the designated selection to win in
that race for the super sweepstakes calculation, and the pari-mutuel ticket shall
not be withdrawn from the pool.
(9) Every
association that operates a special sweepstakes shall give to the state auditor
a computer printout described in subdivision (a), (b), (c), or (d) of this subrule,
as circumstances require, and at such other times and in formats as
required by the state auditor. The following provisions apply to such printout:
(a) The
printout required at the close of betting shall show all of the following
information:
(i) The
total amount bet on that pool on the current day racing card.
(ii) Where
applicable, each individual net pool carried over from previous days that is to
be added to the current day net pool pursuant to subrule (10)(b) of this rule.
(iii) The
total net pool established by adding all net pools described in paragraphs (i)
and (ii) of this subdivision.
(b) The
printout required immediately following the official results of the race on
which the first leg is operated shall show any of the following:
(i) The
total dollars bet coupling each horse in the first leg with each individual
combination of horses in the remaining 5 legs.
(ii) The
total dollars bet coupling the winner of the first leg with each individual
combination of horses in the remaining 5 legs.
(iii) When
applicable, a statement that tickets described in paragraph (i) of this
subdivision have not been sold.
(c) Where an association
chooses to provide a computer printout described in subdivision (b) (ii) of
this subrule and no tickets have been sold on the winner of the first leg, a printout
shall be provided immediately after the official results of the applicable race
and shall show the total dollars bet coupling the winner of either the second leg
or the next subsequent leg on which a ticket has been sold coupling the winner
of that race with each individual combination of horses in the preceding and
remaining legs.
(d) On a
racing day designated for mandatory distribution where no tickets are sold
coupling the horses finishing first in the official order of finish in every
leg of the special sweepstakes, the racing commissioner may require the
association to provide a computer printout, as described in subdivision(b) (i) of
this subrule, within 24 hours of such distribution.
(10) The
following provisions apply to a special sweepstakes pool:
(a) Every
special sweepstakes pool shall be distributed when 1 or more tickets are sold
coupling the horses finishing first in every leg of the special sweepstakes.
(b) Where no
tickets are sold coupling the winners of all legs of the special sweepstakes,
the net pool shall, except as provided by subrule (13) of this rule and
subdivision (c) of this subrule, be carried over and added to the net pool of
the next scheduled special sweepstakes operated by the association.
(c) The
association, with the approval of the racing commissioner, may elect to pay out
a percentage of each day's special sweepstakes net pool to those selecting the
winners of the most legs if no tickets were sold selecting the winners of all 6
legs of the special sweepstakes. The remaining balance of the net pool for that
day would then be carried over and added to all other net pools that have been
previously carried over. This provision does not apply on mandatory payout
days.
(11) The
payout price for a special sweepstakes shall be calculated in the following
manner:
(a) The legal
percentages shall be deducted from the total amount bet in the pool to
determine the net pool.
(b) The net
pool shall be divided by the value of the tickets bet on the winning
combination.
(c) The
quotient obtained pursuant to subdivision (b) of this subrule shall be
multiplied by the purchase price of each ticket.
(12) If,
before the close of betting on the special sweepstakes, a horse that is not
part of an entry or mutuel field is scratched or a horse is scratched that is
part of an entry or a mutuel field and no other horses remain in the entry or
mutuel field, the money wagered on that horse shall be deducted from the pool
and refunded after the last leg of the special sweepstakes has been declared
official.
(13) If,
after the close of betting on the special sweepstakes and subject to subrule
(14) of this rule, any money wagered on any horse in any leg of the special
sweepstakes feature that is not part of an entry or mutuel field and is
scratched; is part of an entry or mutuel field, is scratched, and no other
horses remain in that entry or mutuel field; or is determined by the stewards
not to be a starter and is coupled with the winners of all other legs shall be
deducted from the pool established that day and refunded to the purchaser.
(14) Where a
mandatory distribution is carried out in accordance with subrule (15) (c) of
this rule or an optional daily distribution is carried out in accordance with subrule
(15) (c) of this rule, based on most winners, any tickets participating in the distribution
of the special sweepstakes pool shall not receive a refund.
(15) The
following provisions apply to the mandatory distribution of a special
sweepstakes pool:
(a) Every
association shall make a mandatory distribution of the special sweepstakes pool
as follows:
(i) On the
racing day as designated for mandatory distribution pursuant to subrule (5) of
this rule.
(ii) On the
last scheduled special sweepstakes to be operated during the race meeting.
(iii) On a
racing card where 3 or more legs of the special sweepstakes are cancelled,
declared off, declared no contest, or postponed.
(b) Subject
to subrule (16) (b) of this rule, the pool for mandatory distribution shall be
comprised of the net pool established on that racing card, to which shall be
added all net pools carried over pursuant to subrule (10) (b) of this rule to
establish a total net pool.
(c) The
payout price shall be determined in accordance with subrule (11) (b) of this
rule, except that where no tickets are sold coupling the horse finishing first
in every leg of the feature, the net pool shall be divided by the value of
tickets bet coupling the most winners.
(16) The
following provisions apply to special sweepstakes in which races are cancelled,
declared off, declared no contest, or postponed:
(a) Where any
race designated as a leg of the special sweepstakes is cancelled, declared off,
declared no contest, or postponed, all horses in that leg shall be considered
winners for the purpose of distributing the special sweepstakes pool.
(b) When 3 or
more legs of a special sweepstakes are cancelled, declared off, declared no
contest, or postponed, both of the following provisions apply:
(i) The net
pool, exclusive of any net pool carry-over from a previous special sweepstakes,
shall be distributed in accordance with subrule (15) (c) of this rule.
(ii) Any net
pool carry-over accrued from a previous special sweepstakes shall be further
carried over to the next scheduled special sweepstakes pool.
(17) All
horses in a dead heat to win in a race designated as a leg of the special
sweepstakes shall be considered as winning horses for the purpose of
distributing the special sweepstakes pool.
(18) Subject
to subrule (19) of this rule, a special sweepstakes pool shall not be refunded
by an association, except in either of the following situations:
(a) The
mutuel manager and the state auditor determine, to their satisfaction, that the
correct number of winning tickets or the total number of tickets sold cannot be
properly established.
(b) All 6
legs are cancelled, declared off, declared no contest, or postponed.
(19) Where
the circumstances described in subrule (18) (a) or (b) of this rule occur, the
refund shall apply only to the pool established on that racing card and, where
applicable, any net pool carry-over accrued from a previous special sweepstakes
shall be further carried over to the next scheduled special sweepstakes
operated by the association.
(20) When for
any reason a special sweepstakes pool remains undistributed and no further
special sweepstakes pools are scheduled, the association shall do all of the
following:
(a) Deposit
the undistributed net pool in an escrow account, designated as the special
sweepstakes carry-over account, until a special sweepstakes can be scheduled
and distributed in accordance with subdivision (d) of this subrul.
(b) With the
approval of the racing commissioner, schedule a special sweepstakes for the
next racing card.
(c) Add the
undistributed net pool, including all accrued interest, to the net pool of the special
sweepstakes scheduled in accordance with subdivision (b) of this subrule.
(d)
Distribute the special sweepstakes pool on that scheduled racing card in
accordance with subrule (15) of this rule.
(21) A
person shall not disclose the number of tickets sold in the special sweepstakes
pool or the number or amount of tickets selecting winners of special
sweepstakes races before the stewards have determined the last race comprising
the special sweepstakes each day to be official.
(22) A
pari-mutuel ticket for the special sweepstakes pool shall not be sold,
exchanged, or cancelled after the closing of wagering in the first of the 6
races comprising the special sweepstakes, except for such refunds on special
sweepstakes pari-mutuel tickets as required by this rule.
R 431.2105 Optional twin doubleRescinded.
Rule 2105. (1) The optional twin double is a form of pari-mutuel
wagering. Each bettor has the option to do either of the following:
(a) Attempt
to select the winners of each of 4 races as may be designated by the licensee
with the approval of the commissioner.
(b) After
successfully selecting the first 2 winners of the designated races, present the
winning tickets for payment.
(2) A bettor
who wishes to participate in the optional twin double purchases an initial
ticket which designates his or her selections in the first and second optional
twin double races. If both selections win, the bettor may either exchange the
winning initial ticket for an exchange ticket, at no further cost, which
designates the bettor's selections in the third and fourth optional twin double
races or the winning initial ticket may be presented for payment. Winning
initial tickets presented for payment shall be paid at a price per dollar denomination
determined as follows:
(a) The net
optional twin double pool, which is the gross optional twin double pool less
commission and any consolation payoffs, shall be divided by the total purchase
price of all winning initial tickets. The quotient obtained shall constitute
the price to be paid.
(b) The total
amount paid to ticket holders electing the option of payment of winning initial
tickets shall be deducted from the net optional twin double pool, and further participation
of such tickets in the optional twin double pool shall terminate. Also, the total
amount represented by any winning initial tickets which are not exchanged or
presented for payment before the start of the third optional twin double race
shall be deducted from the net optional twin double pool and entered in the
outs book in the same manner as any other uncashed winning ticket and shall be
valid for the period specified by statute. The balance of the optional twin
double pool shall be divided among holders of exchange tickets, combining the
winners of the third and fourth optional twin double races, as in a straight
pool.
(3) The
optional twin double pool shall be held entirely separate from all other pools
and is in no way part of the daily double. Inasmuch as the purpose of the
optional twin double pool is to select the winners of all 4 races of the
optional twin double, or to exercise the option as previously stated, a bettor
who selects a horse which starts but does not win is no longer eligible,
subject only to the contingency that no other bettor in the pool has selected
the winner of that race, as referred to in subrule (15) of this rule.
(4) Sales of
initial tickets shall be in denominations of $2.00 or more, shall commence only
after completion of the first race of the regular program, and shall terminate
at the start of the first optional twin double race, when the machines shall be
locked.
(5) Exchange
tickets shall be issued only in exchange for winning initial tickets. Issuance
of exchange tickets shall commence only after the results of the second optional
twin double race are officially announced and shall be terminated at the start
of the third optional twin double race, when the machines shall be locked. Such
period of time is hereinafter referred to as “the exchange period.”
(6) At the
option of the bettor, winning initial tickets, that is, tickets combining the
winners of the first and second optional twin double races, may be presented for
payment after the result of the second optional twin double race is officially
announced.
(7) If an
incorrect exchange ticket is issued, such incorrect exchange ticket shall be
turned in to the state chief auditor before the running of the second half. The
ticket shall be deducted from both the exchange and individual combination
totals. The ticket shall be voided and filed with the performance worksheets,
and a report of the complete incident, which includes the seller's name, shall
be made to the commissioner.
(8) The
probable payoff prices of possible winning combinations shall be posted after
the third optional twin double race.
(9) The
design of initial tickets and exchange tickets shall be clearly and immediately
distinguishable from each other and from daily double and other pari-mutuel
tickets.
(10) After a
horse is scratched, no further tickets shall be issued designating such horse.
(11) If a
horse or horses not coupled with a starter are scratched from the first or
second optional twin double races before the running of the first optional twin
double race, all initial tickets selecting the horse or horses scratched
shall be refunded, the money shall be deducted from the gross pool, and the
first optional twin double race shall not be started within 3 minutes of the
public announcement of such scratch.
(12) If any
horse or horses not coupled with a starter are scratched or declared
nonstarters in the second optional twin double race after the first optional
twin double race has been run, all tickets combining the scratched horse with
the winner of the first optional twin double race shall become consolation
tickets and shall be paid a price per dollar denomination determined by
dividing the net optional twin double pool, that is, the gross optional twin double
pool less tax, by the total purchase price of all initial tickets designating
the winner of the first optional twin double race, and the quotient obtained shall
constitute the price to be paid. Further participation of such consolation tickets
in the optional twin double pool shall terminate. The total amount payable on
consolation tickets shall be deducted from the net optional twin double pool.
(13) If any
horse or horses not coupled with a starter are scratched or declared
nonstarters in the third optional twin double race, all exchange tickets
combining the scratched horse shall become consolation tickets and shall be
paid a price per dollar denomination determined by dividing the net optional
twin double pool, that is, the gross optional twin double pool less commission
and all prior distributions, by the total purchase price represented by all
exchange tickets, and the quotient obtained shall be the price to be paid.
Further participation of such consolation tickets in the optional twin
double pool shall terminate. The total amount payable on consolation tickets
shall be deducted from the net optional twin double pool. When a horse is
scratched from the third optional twin double race, such race shall not be
started within 3 minutes of the announcement of such scratch.
(14) If any
horse or horses not coupled with a starter are scratched or declared
nonstarters in the fourth optional twin double race, all exchange tickets
combining the scratched horses with the winner of the third optional twin
double race shall become consolation tickets and shall be paid a price per dollar
denomination determined by dividing the net optional twin double pool, that is,
the gross optional twin double pool less commission and previous consolation
awards, by the total purchase price represented by all exchange tickets
designating the winner of the third optional twin double race, and the quotient
obtained shall constitute the price to be paid. Further participation of such consolation
tickets in the optional twin double pool shall terminate. The total amount
payable on consolation tickets shall be deducted from the net optional twin
double pool. When a horse is scratched from the fourth optional twin double
race before the start of the third optional twin double race, the third
optional twin double race shall not be started within 3 minutes of the
announcement of such scratch.
(15) If no
initial ticket is sold designating the winner of the first optional twin double
race, or if the first optional twin double race is cancelled or declared “no race,”
the optional twin double shall be declared off and the gross pool shall be
refunded.
(16) If no
initial ticket is sold combining the winners of the first and second optional twin
double races, or if the second optional twin double race is cancelled or
declared “no race,” the net pool shall be distributed to holders of initial
tickets designating the winner of the first optional twin double race as in a straight
pool and the optional twin double shall terminate.
(17) If no
exchange ticket is issued designating the winner of the third optional twin
double race, or if the third optional twin double race is cancelled or declared
“no race,” the net pool, less commission and prior distributions, shall be
distributed to holders of exchange tickets and winning initial tickets as in a
straight pool and the optional twin double shall terminate.
(18) If no
exchange ticket is issued combining the winners of the third and fourth optional
twin double races, or if the fourth optional twin double race is cancelled or
declared “no race,” the net pool shall be distributed to holders of exchange
tickets designating the winner of the third optional twin double race.
(19) If
there is a dead heat in either or both of the first and second optional twin
double races, all initial tickets combining a winner in both such races shall
be eligible for exchange.
(20) If
there is a dead heat in the third optional twin double race and no exchange
ticket combines the winner of the fourth optional twin double race with a
winner of the third optional twin double race, the net pool shall be
distributed to holders of exchange tickets designating a winner of the third
optional twin double race as in a straight pool dead heat.
(21) If
there is a dead heat in either or both of the third or fourth optional twin
double races, holders of exchange tickets combining winners in both such races
shall be entitled to a distribution calculated as in a straight pool dead heat.
(22) If
there is a dead heat between a covered and an uncovered horse in the second
race of the second half of the optional twin double, no consolation payoff will
be made. Holders of tickets on the covered horse, representing the only winners
of 4 consecutive races, will share in the distribution of the optional twin
double pool.
(23) Coupled
entries and fields are permitted in optional twin double races. A scratch of
less than all the horses in a coupled entry or field, however, shall not affect
the status of a ticket selecting such coupled entry or field. Horses coupled or
in a field shall be considered as 1 horse for optional twin double
distributions, and calculations on dead heats shall include only 1 of such
horses in each coupled entry or field in the distribution.
(24) The
sale of optional twin double tickets by 1 individual to another or by any means
other than through pari-mutuel machines shall be deemed illegal gambling and is
prohibited.
(25) These
rules shall be prominently displayed throughout the betting area of each track
conducting the optional twin double, and printed copies of these rules shall be
distributed by the track to patrons upon request.
R 431.2110 Big perfectaRescinded.
Rule 2110. (1) The big perfecta, also known as big exacta
or big correcta, is a form of pari-mutuel wagering in which the bettor selects 4
horses that will finish first and second in each of 2 races, as may be
designated by the track licensee with the approval of the commissioner, in the
exact order as officially posted.
(2) Each
bettor purchasing big perfecta tickets shall designate his or her 2 selections
as the first 2 horses to finish in that order in the first race of the 2
designated races.
(3) After
official declaration of the first 2 horses to finish in the first race of the
big perfecta, and before the running of the second half of the big perfecta,
each bettor holding a ticket combining the first 2 horses in the exact order of
finish shall exchange such winning ticket for a big perfecta exchange
ticket at the big perfecta windows and shall select the 2 horses to finish in
the second race of the big perfecta in the exact order as officially posted. No
additional money shall be required of the holder of the ticket in order to make
the exchange.
(4) A big
perfecta exchange ticket on the second race shall not be issued except upon
surrender of the big perfecta ticket from the first race. The big perfecta pool
obtained from the sales of big perfecta tickets on the first race shall be held
pursuant to these rules and divided among the winning tickets of the big perfecta
exchange tickets, unless otherwise provided by these rules. Big perfecta windows
shall be open for the purpose of making the exchange as specified in subrule (3)
of this rule only after the first race has been declared official. Big perfecta
windows shall close at official post time at the start of the second race of
the big perfecta races.
(5) If a
winning big perfecta from the first race is not presented for exchange within
the time provided, the bettor forfeits all rights to any distribution or
refund, except if the second half of the big perfecta is cancelled or declared “no
race” or if no exchange ticket includes either the first or second horse of the
second half of the big perfecta.
(6) If there
are late scratches after the sale of big perfecta tickets has started in the
first race, all tickets on the scratched horse will be refunded.
(7) If a
horse is scratched in the second half of the big perfecta, all exchange tickets
combining the scratched horse become consolation tickets and shall be paid a
price per dollar denomination calculated by dividing the net big perfecta pool,
that is, the gross pool less commission, by the total purchase price of all
tickets combining the winners of the first race of the big perfecta. The
quotient obtained shall be the price to be paid to holders of exchange tickets
combining the scratched horse in the second half of the big perfecta. The
entire consolation pool, that is, the number of eligible tickets times the
consolation price, plus the breakage, shall be deducted from the big
perfecta pool.
(8) If no
big perfecta ticket is sold as a winning combination in the first race of the
big perfecta, the big perfecta pool shall be divided among those having tickets
including the horse finishing first or second, and such distributions shall be
calculated and paid as a place pool. In such an instance, the big perfecta
shall end and the pool shall be closed for the day.
(9) If no big
perfecta exchange ticket is sold on the winning combination, the net pool shall
then be apportioned equally between those having tickets including the horse finishing
first and those having tickets including the horse finishing second in the same
manner in which a place pool is calculated and distributed.
(10) If no
big perfecta exchange ticket is sold including the horse finishing second, then
the pool shall be distributed as a win pool to those persons who have selected
the horse which finished first to run first.
(11) If no
big perfecta exchange ticket is sold including the horse finishing first, then
the pool shall be distributed as a win pool to those persons who have selected
the horse which finished second to run second.
(12) If no
exchange ticket includes either the first or second horse of the second half of
the big perfecta, the entire net pool shall be distributed as a straight pool
to all holders of exchange tickets and winning combinations of the first half
that have not been exchanged.
(13) If
there is a dead heat for place in the first race of the big perfecta, all big
perfecta tickets combining the first horse and either of the place horses shall
be eligible for exchange for the big perfecta exchange tickets.
(14) If there
is a dead heat for place in the second race of the big perfecta, the big perfecta
pool shall be divided, calculated, and distributed as a place pool and
distributed to the holders of the big perfecta exchange tickets combining the
first horse and either of the place horses. If there is a dead heat to place
and there are no tickets sold on 1 combination, the other combination having the
winning horses shall be declared the winner. If no exchange tickets combine the
winning horse with either of the place horses in the dead heat, the big perfecta
pool shall be calculated and distributed as a place pool to holders of tickets
representing any interest in the net pool.
(15) If for
any reason the second race of the big perfecta is cancelled or declared “no
race,” the pool shall be calculated as a straight pool and shall be distributed
among the holders of the tickets combining the first 2 horses of the first race
of the big perfecta and holders of the big perfecta exchange tickets.
(16) If an
entry finishes first and second or field horses run first and second, the net
big perfecta pool shall be distributed to holders of tickets selecting the
entry or field horses to win combined with the horse finishing third.
(17) If an
entry or field horses finishes first and second in the first half of the big
perfecta, holders of tickets selecting the entry or field horses to win
combined with the horse finishing third shall be eligible to exchange tickets
for the second half of the big perfecta.
(18) If an
entry or field horse’s finish first and second in the second half of the big
perfecta, the net big perfecta pool shall be distributed to holders of tickets
selecting the entry or field horses to win combined with the horse finishing third.
(19) The
sale of big perfecta tickets other than through pari-mutuel machines shall be
deemed illegal and is prohibited.
(20) There
shall not be an exchange of tickets when all 4 selections in the big perfecta
are printed on a single ticket.
R 431.2115 Big QRescinded.
Rule 2115. (1) The big Q is a form of pari-mutuel wagering
consisting of selecting the quinella or the first 2 horses to finish in each of
2 consecutive races. Pari-mutuel wagering tickets shall be sold upon the first
race of the 2 races only. The division of the pool shall be calculated as in a
straight pool, subject to the provisions of these rules.
(2) A bettor
purchasing big Q tickets shall designate his or her 2 selections as the first 2
horses to finish in the first race of 2 races.
(3) After
the official declaration of the first 2 horses to finish the first of the big Q
races, a bettor holding a ticket combining the 2 horses to finish shall
exchange such winning ticket for a big Q exchange ticket at the big Q windows
before the running of the second race. At that time, the holder shall select
the first 2 horses to finish in the second race of the big Q. Additional money
shall not be required of the ticket holder for the exchange.
(4) A big Q
exchange ticket upon the second race shall not be issued except upon the
surrender of the big Q ticket from the first race as provided in this rule. The
big Q pool obtained from sales of big Q tickets upon the first race shall be
held and divided among the winning tickets of the big Q exchange tickets,
subject to these rules. Big Q windows shall be open for the purpose of making
the exchange only after the first race has been declared official. The windows
shall close at post time at the start of the second race of the big Q races.
(5) If a
winning big Q ticket from the first race is not presented for exchange within
the time provided, the bettor forfeits all rights to any distribution or
refund, unless the second half of the big Q is cancelled or declared “no race”
or if no exchange tickets include either the first or second horse of the
second half of the big Q.
(6) If a
horse is scratched in the first race of the big Q races, all big Q tickets on
the scratched horse shall be refunded.
(7) If a
horse is scratched in the second race of the big Q races, all exchange tickets
combining the scratched horse shall become consolation tickets and shall be
paid a price per dollar denomination calculated by dividing the net big Q pool,
that is, the gross pool less commission, by the total purchase price of all
tickets combining the winnings of the first race of the big Q. The quotient
thus obtained shall be the price to be paid to holders of exchange tickets
combining the scratched horse in the second race of the big Q. The entire consolation
pool, that is, the number of eligible tickets times the consolation price, plus
the breakage, shall be deducted from the net big Q pool.
(8) If a big
Q ticket is not sold on a winning combination in the first race of the big Q,
the big Q pool shall be divided among those having tickets including the horse finishing
first or second, and the distributions shall be calculated and made as a place
pool. The big Q race shall then end and the pool shall be closed for the day.
(9) If a big
Q exchange ticket is not sold on the winning combination, the net pool shall be
apportioned equally between those having tickets including the horse finishing
second in the same manner in which a place pool is calculated and distributed.
(10) If a
big Q exchange ticket combines only 1 of the 2 winners and no big Q exchange
combines the other winner, the entire pool shall be distributed as a straight
pool to the holders of those tickets.
(11) If no
exchange ticket includes either the first or second horse of the second half of
the big Q, the entire net pool shall be distributed as a straight pool to all holders
of exchange tickets and winning combinations of the first half that have not
been exchanged.
(12) If
there is a dead heat for place in the first race of the big Q races, all big Q
tickets combining the first horse and either of the place horses shall be
eligible for exchange for big Q exchange tickets.
(13) If
there is a dead heat for place in the second race of the big Q races, the big Q
pool shall be divided, calculated, and distributed as a place pool.
Distribution shall be to the holders of the big Q exchange tickets combining
the first horses and either of the place horses. If there is a dead heat to place
and there are no tickets sold on 1 combination, then the other combination
having winning horses shall be declared the winner.
(14) If no
exchange tickets combine the winning horse with either of the place horses in
the dead heat, the big Q pool shall be calculated and distributed as a place
pool to holders of tickets combining either of the place horses. If any
exchange tickets combine both horses in the dead heat for place, the big Q pool
shall be calculated and distributed as a place pool to holders of these
tickets.
(15) If for
any reason the first race of the big Q races is cancelled or declared “no race,”
a full refund shall be made from the big Q pool.
(16) If for
any reason the second of the big Q races is cancelled or declared “no race,”
the pool shall be calculated as a straight pool and distributed among the
holders of tickets combining the first 2 horses of the first race of the big Q
and to holders of the big Q exchange tickets.
(17) If
there is a dead heat for the winning horses in either of the 2 consecutive
races for the big Q, the calculation and distribution of the big Q pool shall
be made in the manner in which any ordinary quinella pool would be made if
there were a dead heat for the win, despite the number of horses involved in
the dead heat.
(18) The
sale of big Q tickets other than through pari-mutuel machines, including the
sale by 1 individual to another, is prohibited.
(19) There
shall not be an exchange of tickets when all 4 selections in the big Q are
printed on a single ticket.
R 431.2120 Superfecta.
Rule 2120. (1) The superfecta is a contract by the
purchaser of a ticket to select, in order, the first, second, third, and fourth
place horses in the designated superfecta race, as designated by the association
track licensee with the approval of the commissionerexecutive director. Payment of winning
tickets shall be made only to the holders of the tickets who have selected the
same order of finish as officially posted, except if there is a scratch or as
otherwise provided in these rules.
(2) Superfecta wagering has no connection with, or relation to, the win, place, and show betting pools and shall be calculated as an entirely separate pool. The ticket shall be labeled a superfecta ticket.
(3) If a horse is scratched or excused from racing, additional tickets shall not be sold designating such horse, and all tickets previously sold designating such horse shall be refunded and the money deducted from the gross pool.
(4) If no ticket is sold designating, in order, the first 4 horses, or if only 3 horses finish, the net pool shall be distributed equally among holders of tickets designating, in order, the first 3 horses. If no ticket is sold designating, in order, the first 3 horses, or if only 2 horses finish, the net pool shall be distributed equally among holders of tickets designating, in order, the first 2 horses. If no tickets are sold designating, in order, the first 2 horses, the net pool shall be distributed equally among holders of tickets designating the winner.
(5) If no ticket is sold designating the winner to win, the superfecta shall be declared off and the gross pool refunded.
(6) If there is a dead heat or dead heats, all tickets designating the correct order of finish, crediting each horse in a dead heat as finishing in either position involved in the dead heat, shall be winning tickets, and the aggregate number of winning tickets shall be divided into the net pool for the purpose of determining the payoff.
PART 3. THOROUGHBRED RACING
R 431.3001 Definitions; A to E.
Rule 3001. As used in this part:
(a) “Added money” means cash,
exclusive of a trophy or other award, that is added by the association
to stakes fees paid by subscribers to form the total purse for a stakes race.
(b) “Age” means the number of
years since a horse was foaled. Age is determined as if such horse were foaled
on January 1 of the year in which such horse was foaled.
(cb) “Breeder” means
the owner of the dam of a horse at the timewhen such horse was
foaled. A horse is bred at the place of its foaling. A registered Michigan-bred
horse is defined by R 285.810.1.
(d) “Claiming race” means a race
in which a horse may be claimed pursuant to the rules of the commissioner.
(ec) “Closing” means
the time designated when all entries in a race must be and remain in the race,
unless excused by the stewards.
(fd) “Declaration”
means the withdrawal of a horse that was entered in a race before time of
closing.
(g) “Entry” means any of
the following:
(i) The act of nominating a
horse for a race.
(ii) A horse entered in a race.
(iii) Two or more horses which
are entered in a race and which are coupled as a mutuel entry or joined in the
mutuel field pursuant to rules of the racing commissioner.
(he) “Equipment”
means accouterments other than the ordinary saddle, girth, pad, saddle cloth,
and bridle carried by a horse and includes, but is not limited to, all of the
following:
(i) WhipRiding
crop.
(ii) Blinkers.
(iii) Tongue strap.
(iv) Muzzle.
(v) Hood.
(vi) Noseband.
(vii) Bit.
(viii) Shadow roll.
(ix) Martingale.
(x) Breastplate.
(xi) Bandages.
(xii) Boots.
(xiii) Racing plates or shoes.
(if) “Exhibition
race” means a race between horses of diverse ownership for which a purse is
offered by the racing association but on which
pari-mutuel wagering is not permitted.
R 431.3005 Definitions; H to NM.
Rule 3005. As used in this part:
(a) “Handicap” means a race in which weights are assigned to the horses by the handicapper for the purpose of equalizing their chances of winning.
(b) “Horse” means an equinea
thoroughbred registered as such with the appropriate breed registryJockey
Club and designates any thoroughbred, quarter
horse, Appaloosa, Arabian, and American paint horse irrespective of age
or sex designation.
(c) “Ineligible” means that a horse or a person is not qualified under these rules or the conditions of a race to participate in a specified racing activity.
(d) “Jockey” means a rider who
is currently licensed to ride in races, whether as a journeyman or apprentice, or
a probationer, who may be permitted by the stewards to ride in 2 races before applying
for a license.
(ed) “Maiden” means
a horse that has never won a race on the flat at a recognized meeting in any
country. A maiden that was disqualified after finishing first remains a maiden.
Race conditions referring to maidens shall be interpreted as meaning maidens at
the time of starting.
(f) “Match race” means a race
between 2 horses which are the property of 2 different owners on terms agreed
to by the owners.
(g) “Nominator” means the
person in whose name a horse is nominated for a sweepstakes, futurity, or
produce race.
R 431.3010 Definitions; 0O to SR.
Rule 3010. As used in this part:
(a) “Optional claiming race” means a race that is restricted to horses which are entered to be claimed for a stated price or less and horses which are entered not to be claimed by the option designated in the conditions of the race. Where horses are entered to be claimed, the race shall be considered a claiming race, and where horses are entered under the option, the race shall be considered an allowance or purse race.
(b) “Overnight race” means a
race for which the entries close 72 hours or less, exclusive of Sundays, before
the time set for the first race of the day on which such race is to be run.
(c) “Owner,” for purposes of
these rules and in furtherance of promoting the safety, security, growth, and
integrity of all horse racing, means a legal entity with an interest in a horse
or horses and shall not exceed more than four individuals per single horse.
(db) “Produce race”
or “futurity” means a race that is to be contested by the produce of horses
which are named or identified before the closing time of nominations.
(ec) “Purse race”
means a race for money or another prize to which the owners of horses engaged
do not contribute.
(f) “Race” means a contest of
speed among thoroughbreds for a prize.
(g) “Race on the flat” means a
race run over a course on which no jumps or other obstacles are placed.
(h) “Recognized meeting” means
any meeting which has regularly scheduled races for thoroughbreds on the flat and
which is licensed by, and conducted under rules promulgated by, a governmental regulatory
body. A “recognized meeting” includes a meeting in a foreign country which is
regulated by a racing authority which has reciprocal relations with the Jockey
Club and whose race records can be provided to an association by the Jockey
Club.
(d) “Starter race” means an overnight race under allowance or handicap conditions which is restricted to horses that have previously started for the designated claiming price or less, as stated in the conditions of the race.
R 431.3015 Definitions; S, WRescinded.
Rule 3015. As used in this part:
(a) “Scratch” means the
withdrawal, pursuant to these rules, of a horse entered for a race after the
time of closing.
(b) “Scratch time” means the
time set by the racing secretary as a deadline for horsemen to indicate
withdrawal of a horse entered from a race.
(ca) “Stakes race” or “sweepstakes”
means a race that closes more than 72 hours in advance of its running and for
which owners or nominators, or both, of horses that are entered or engaged for
the race contribute to a purse for which money or another prize may be added.
(d) “Starter” means a horse in
front of which the stall doors of the starting gate open at the time the
official starter dispatches the field.
(e) “Starter race” means an
overnight event under allowance or handicap conditions which is restricted to
horses that have previously started for the designated claiming price or less,
as stated in the conditions of the race.
(f) “Weight for age” means
standard weight according to the Jockey Club scale. in R 431.3215.
(g) “Winner of a certain sum”
means the winner of a single race worth the amount stated.
R 431.3020
RaceRacing officials.
Rule 3020. (1) The following positions at a race meet
meeting are designated as officials:
(a) Three sStewards.
(b) Assistant steward.
(cb) Three Pplacing
judges.
(d) Two or more patrol judges.
(ec) Clerk of
scales.
(fd) Paddock judge.
(ge) Official
starter.
(hf) Racing
secretary, who may also be a handicapper.
(ig) Assistant
racing secretary.
(jh) Timer.
(ki) A
veterinarian representing the office of the racing commissionerOfficial veterinarian.
(l) A veterinarian representing
the racing association.
(mj) A hHorse
identifier.
(nk) A jJockey
room custodian.
(2) In case of emergency, the
association may provide appoint a substitute steward, with
the approval of the executive directorstewards, to act as the steward
association's official for the remainder of any program.
(3) A person, other than the
stewards or the placing judges, shall not be allowed in the stewards' and
placing judges' stands during the running of a race, except with permission of
the stewards.A person shall not be allowed in the stewards' stand or placing
judges' stand during the running of a race, except with the permission of the
stewards.
(4) A person, other than a steward, shall not be in the stewards' stand when a decision is being made on a foul claim or stewards' inquiry.
(5) A person, other than a person
employed in the developing or projection of visual recordings of a race, shall
not be in the projection room while the stewards are viewing pictures to decide
a foul claim or inquiry.
(65) A racing
official shall not be the owner or part owner of a horse racing at a track
where the official is serving.
(76) Racing
officials serving in the capacity of steward, placing or patrol judges, clerk
of scales, official starter, orand horse identifier shallmay
be required to take and satisfactorily pass an optical examination at
the request of the executive directorwithin 1 year before the race
meeting at which they serve. The examination shall evidence a minimum
corrected vision of 20/30 and an ability to distinguish colors correctly.
(87) All racing officials,
with the exception of those appointedrepresenting by the racing
commissionerexecutive director, shall be nominated by the association,
subject to the approval of the racing commissionerexecutive director.
The racing commissionerexecutive director reserves the right to
demand a change of racing officials for what he or she deemsconsiders
to be good and sufficient reasons. The successor of an racing official
so replaced shall also be subject to the approval of the racing commissionerexecutive
director.
R 431.3025 Stewards; duties and responsibilities; complaints against officials.
Rule 3025. (1) In addition to the general powers specified in these rules, the stewards shall have all of the following specific duties and responsibilities:
(a) Taking
cognizance of all misconduct or Rrule infractions, whether
reported or not, and investigating all instances of possible Rrule
infractions. They shall take action as they deemconsider necessary
to prevent a rule infraction.
(b) At least 1 steward shall be on the grounds from scratch time, or, if not a racing day, when entries are first taken, until entries are closed. At least 1 steward shall be present for the regular showing of racing films or videotapes. All 3 stewards shall be on the grounds for a continuous period beginning 2 hours before post time for the first race and ending at the conclusion of the last race. All 3 stewards shall be present when contemplating disciplinary action.
(c) Inspecting
all applications for licenses to participate in racing and administering, or
causing to be administered by qualified persons, examinations of all first-time
applicants for a trainer's license and jockey agent's license. The stewards may
make recommendations to the racing commissionerexecutive director as
to the qualifications of all applicants for licenses to participate in racing.
(d) Reviewing registration certificates, contracts, papers, and other documents pertaining to any of the following:
(i) The sale or ownership of a horse.
(ii) Payment of purse money.
(iii) Jockey and apprentice jockey contracts.
(iv) Appointment of agents.
(v) Adoption of assumed names by stable owners.
(vi) Determining the eligibility and appropriateness for participation in racing.
(e) Requiring
proof of eligibility of a horse or person to participate in a race if it is in
question. In the absence of sufficient proof to establish eligibility, the stewards
may Rrule the horse or person ineligible.
(f) Reviewing
stall applications and advising the association of undesirable persons, if any,
among owners and trainers applying for or granted stalls.
(gf)
Supervising the taking of entries, receiving all declarations and scratches,
and determining all questions arising from and pertaining to such entries,
declarations, and scratches. The stewards may refuse the entry of any horse by
a person, may refuse to permit a declaration or scratch, or may limit entries.
(hg)
Assuring that the “inquiry” sign is posted on the infield odds board
immediately after the horses have crossed the finish line in a race if any
steward or patrol judge doubts the fairness of the running of the race. The
stewards shall cause the “objection” sign to be posted on the infield odds
board when an objection is lodged and shall cause the “official” sign to be
posted on the infield odds board after determining the official order of finish
for purposes of the pari-mutuel payoff.
(ih)
Maintaining a daily logstewards’ report in the manner and form
prescribed by the executive director and reporting all actions of the stewards
on all controversies that which arise during a racethe
day. The reports shall show all of the following information:
(i) The name
of the track.
(ii) Date.
(iii)
Weather.
(iv) Track
condition.
(v) Claims.
(vi) Rulings
issued. The reports shall be signed by all 3 stewards and filed with the racing
commissioner's office.
(ji)
Making periodic inspections of the barn area, checking track security, and
making visits to the jockeys' room to observe and check security at the
weighing out. The inspections and observations made shall be noted in the
steward's report.
(2) The stewards may review the video
recordings patrol films or videotapes of each day's races
before commencement of the successive day's races and compile a list of riders
who they feel should review films for instructional purposes. If a list is
compiled, the stewards shall assure that the list is posted in the jockeys'
room.
(3) In the performance of their duties, the stewards shall have unrestricted access to all areas and grounds of the association.
(4) A complaint against a racing
official may be made to the stewards or to the racing commissionerexecutive
director. Complaints made directly to the stewards shall be reported to the
racing commissionerexecutive director, in writing, together with any
action taken by the stewards.
R 431.3030 Stewards; reversals of form; review of films; disciplinary action.
Rule 3030. (1) The stewards shall take cognizance of marked
reversal of form of all horses and shall, at their discretion, conduct inquiries.
During inquiries, the stewards may take into consideration the betting action
on the horse in question, shall review theand films of the
horse's previous races, and shall consider all other facts they deemconsider
relevant toward making a determination as to whether the horse being evaluated was
deliberately restrained in any way by any means in previous races so as not to
win or finish as near as possible to first. If after review the stewards make a
determination that there is a reasonable probability that the horse in question
was deliberately restrained in any way by any means in previous races so as not
to win or finish as near as possible to first, the stewards may take
disciplinary action against a person found to have contributed to the
restraining of the horse.
(2) If the stewards find that a
horse has been deliberately restrained in any way by any means in previous
races so as not to win or finish as near as possible to first, these findings may
be forwarded by the racing commissionerexecutive director to law
enforcement authorities.
R 431.3035 Racing secretary; responsibilities and duties.
Rule 3035. (1) The racing secretary is responsible for all of the following:
(a) The programming of races during the race meeting.
(b) Compiling and publishing condition books.
(c) Assigning weights for handicap races.
(d) Receiving all entries, subscriptions, declarations, and scratches.
(2) Duties for which the racing secretary and his or her staff are responsible include, but are not limited to, all of the following:
(a) Safekeeping of registration certifications and racing permits for horses, recording information required thereon, and returning them to owners, or trainers if authorized by the owners, at the conclusion of the race meeting.
(b) Maintaining
a record of all stakes fees received and all arrearages, jockeys' fees,
purchase money in claiming races, and any other moniesmoney received
incident to the race meeting, and paying over such monies to persons entitled
thereto.
(c) Supervising the horsemen's bookkeeper's handling of the horsemen's account.
(d) Daily posting of entries as soon as possible after the entries have been closed and declarations have been made.
(e) Assigning stall
applicants stabling as the racing secretary considers proper after
consultation with the stewards, and maintaining a record of the arrival and
departure of all horses stabled on association the grounds.
(f) Publishing the official daily program and insuring the accuracy of the information contained therein.
(3) The published racing program shall contain all of the following information:
(a) The sequence of races to be run and the post time for the first race.
(b) The purse, conditions, and distance for each race and the current track record for such distance.
(c) The names of
licensed owners of each horse, with an indication of which horses, if any,
are leased.
(d) The full name of the trainer and the jockey named for each horse, together with the weight to be carried.
(e) The saddle cloth number or designation for each horse, and the post position for each horse if there is a variance with the saddle cloth designation.
(f) Identification of each horse by name, color, sex, age, sire, and dam, which shall correspond to the foal certificate.
(g) A
description of the racing colors to be carried and other information as may be requested
by the association or the racing commissionerexecutive director.
(h) A stable name with the name of at least 1 owner. If the stable represents more than 1 owner, the joint ownership shall be indicated by the use of the name of 1 owner and the words “et al.”
(4) A horse shall not appear in any official program in more than 1 race on the same day, except for stakes races or handicaps.
(5) The racing secretary shall designate the price spread and the distances and shall publish a daily up-to-date list of horses having preference and the price spread and distances of the races to which the preference pertains.
(6) The racing secretary or handicapper shall append to the weights for every handicap the day and hour from which winners will be liable to a penalty. Alterations shall not be made after publication of the program, except in case of omission, through clerical error or oversight, of the name and weight of a horse duly entered. Where there is an omission, the omission may, with the permission of the stewards, be rectified by the racing secretary or handicapper.
R 431.3040 Paddock judge; duties.
Rule 3040. The paddock judge shall have general supervision over the paddock and be responsible for all of the following:
(a) Keeping accurate records of all equipment a horse carried in the horse's previous race. Change in the equipment is permitted only with the consent of the stewards.
(b) Assembling the horses and
jockeys in the paddock not less than 2015 minutes before the
scheduled post time for the race, unless otherwise determined by the stewards.
(c) Assuring that the saddling of all horses is orderly, open to public view where possible, and free from interference, and assuring that horses are mounted at the same time and leave the paddock for the post in proper sequence.
(d) Reporting to assigned security guards the presence of any unauthorized persons in the paddock.
(e) Promptly reporting all rule violations to the stewards.
(f) Inspecting the bandages of a horse.
(g) Inspecting the feet of a horse.
(h) Paddock schooling and the paddock schooling list.
(i) The presence or absence of trainers in the paddock as required.
R 431.3045 Placing judges; duties.
Rule 3045. If required by the executive director,Three
3 racing officials shall serve as placing judges and shall be in a stand
directly above the finish line during the running of each race. The placing
judges shall take special note of racing colors and distinguishing equipment
carried by each horse. The placing judges shall determine the order of the horses
as they cross the finish line by considering the location of the respective noses
of such horses. The placing judges shall cause the numbers of the first 4
horses to cross the finish line to be flashed on the result board. A photo finish
camera approved by the commissionerexecutive director shall be
used as an aid by the placing judges in determining the order of the horses as they
cross the finish line. Placing judges may request a photo to assist in determining
margins of less than a 1/2 however, the camera and any photographic reproduction
are merely aids to the placing judges.
R 431.3050 Patrol judges; dutiesRescinded.
Rule 3050. (1) Not less than 2 racing officials shall
serve as patrol judges and shall be stationed in elevated stands at points designated
by the stewards to observe the running of each race. Each patrol judge shall
have instant radio or telephone communication with the stewards to report observations,
particularly as to any suspected foul riding, during the running of each race.
(2) Patrol judges shall report
to the stewards all of their pertinent observations in each race and shall file
written reports and be present at daily visual recordings shown to race riders,
if so requested by the stewards.
R 431.3055 Clerk of scales; duties; jockey weights.
Rule 3055. (1) The clerk of scales shall secure,
regulate, and control the jockeys' room, the equipment therein, and the personnel
permitted access thereto. The clerk of scales shall weigh all jockeys out and
weigh in not less than the first 34 finishers. The clerk of
scales shall accurately record and publish a scratch, overweight, change of jockey,
and any change of weight or racing colors from what is stated in the official
program and shall promptly supply all racing officials and the mutuel department
with all pertinent changes.
(2) After each race, the clerk of scales shall report to the racing secretary or his or her representative the weights carried by each horse, with the name of each horse's jockey and the overweight, if any. The clerk of scales shall also report the post time and running time in each race and shall report any other information which may from time to time be required.
(3) The clerk of scales shall promptly report an infraction of the rules with respect to weight, weighing, or riding equipment to the stewards.
(4) A jockey's weight shall include all of the following:
(a) Clothing.
(b) Boots.
(c) Saddle and its attachments.
(d) Saddle cloth.
(e) Other equipment required by the stewards.
(5) A jockey's weight shall not include any of the following:
(a) WhipRiding
crop.
(b) Head number.
(c) Number cloth.
(d) Bridle.
(e) Safety helmet and goggles.
(6) The clerk of scales, with the consent of the stewards, may permit clothing allowances for inclement weather.
(7) Seven pounds is the limit of overweight any horse is allowed to carry. If the weight of a rider exceeds the weight the horse is published to carry, the jockey shall declare the amount of overweight to the clerk of scales at the time designated by the stewards, and the clerk of scales shall have the overweight posted and announced immediately. A trainer has the pre-post time option of removing a jockey from a horse if the jockey is under his or her training and is carrying more than 2 pounds overweight. Such removal shall be without penalty to the trainer. The failure of a jockey to comply with this rule shall be reported to the stewards.
(8) The clerk of scales shall maintain a record of the winning races of an apprentice jockey. At the close of the race meeting, or on departure of the jockey, the record sheet shall be attached to the rider's copy of his or her contract or shall be written into his or her certificate and shall be released to the rider. The clerk of scales shall inform the stewards of the expiration date of the apprentice jockey's apprentice allowance.
R 431.3060 Official Sstarter; duties.
Rule 3060. (1) The official starter shall be
responsible for the fair and equal start of all horses at the scheduled
starting time by utilizing a starting gate and bell or other device activated
by his or her signal. So far as is practical, the official starter shall
cause all horses to be loaded in order of post position, but the official starter
may, with the permission of the stewards, load an unruly horse out of order. or
may start such horse on the outside of the starting gate and 1 length behind
the starting line. By permission of the stewards, a race may be started
without a starting gate.
(2) The official starter
may employ assistant starters as he or she considers necessary and shall change
the gate position of each assistant starter daily, without notice to the assistant
starters, until the field for the first race enters the track race
course.
(3) A horse shall not be permitted
to start in a race unless approval is given by the official starter. The
official starter shall maintain a schooling list, which shall be posted
in the racing secretary's race office, of the names of all horses
ineligible to start for want of adequate training leaving the gate. Horses
shall be schooled under the supervision of the official starter or his or
her assistants.
(4) The official starter shall report to the stewards any disobedience of his or her orders or attempts to take unfair advantage at the starting gate and shall recommend penalties for offenders.
(5) An assistant starter shall not handle a horse until instructed to do so by the official starter. An assistant starter shall not strike a jockey or use abusive language when addressing a jockey.
(6) An official starter or assistant starter shall not accept any gratuity or payment other than his or her regular salary, directly or indirectly, for services in starting a race. An official starter or assistant starter shall not wager on a race.
(7) The official starter shall maintain a written record showing the names of all starters during the day and the names of the assistant starters who handled each horse. Such record shall be made available to the stewards upon request.
(8) The official starter shall have radio or telephone communication with the stewards from the time the horses leave the paddock until the field is dispatched.
(9) The official starter may recommend to the stewards that disciplinary action be taken against any jockey, outrider, pony rider, or other personnel under the official starter's control.
(10) Horses shall be schooled under the supervision of the official starter or his or her assistant. The official starter shall report horses that are sufficiently schooled to start to the racing secretary. Unruly horses shall be placed on the schooling list and shall not start until approved by the official starter. The schooling list shall be respected in all cases.
R 431.3065 Official Vveterinarians;
duties; recordkeeping.
Rule 3065. (1) The racing commissioner's veterinarian shall
have supervision over the taking of urine, blood, or other samples from the
horses as may be directed by the stewards and shall be responsible for the
proper storing and delivery thereof to the designated laboratory and for the
maintenance of required records.
(12) The racing
commissioner'sofficial
veterinarian or his or her representative shall examine horses the
stewards request him or her to examine and reexamine. The racing commissioner'sofficial veterinarian is responsible for
approving for release from the stewardsveterinarian's list all
horses that have been placed on the list because of lameness, sickness, or injury
before they may be entered to race again.
(23) An official veterinarian
who is employed by the racing commissioner or by an association
shall not, during the period of his or her employment, for compensation or
otherwise, treat or prescribe for a racing thoroughbred horse, except in
case of emergency. In an emergency, a full and complete treatment report
shall be made to the stewards. An owner or trainer shall not employ or pay
compensation to an official veterinarian who is employed by the racing
commissioner, either directly or indirectly, during the period for which he
or she the veterinarian is so employed by the executive
director racing commissioner.
(4) A veterinarian who is
licensed to practice on the grounds of a race meeting licensee shall maintain
veterinary records, in duplicate, on forms prescribed by the commissioner,
which accurately record all services rendered, and medication prescribed and
which include the name of the horse treated, date of the treatment, and name of
the trainer. Such records shall be made available to the stewards or their
representatives on demand.
(5) A veterinarian shall
report to the racing commissioner's veterinarian or to the stewards internal
medication given by the veterinarian, or given at his or her direction, to a
horse known by him or her to be entered in a race. The trainer shall also make
such report to the racing commissioner's veterinarian or to the stewards. If a
drug is to be administered internally before scratch time to a horse which is
entered to race, such fact shall be reported by the trainer or the veterinarian
to the stewards or their representatives before scratch time and before treatment.
If administration of a drug is to be made after scratch time, it shall be
reported to the stewards or their representatives immediately and before
treatment.
R 431.3070 Pre-race examination.
Rule 3070. (1) The racing commissioner's official veterinarian or the
association's veterinarian and assistants they require shall examine each
horse listed in the overnight entries to determine its eligibility and fitness
to race. The time of the examination is at the discretion of the racing
commissioner's official
veterinarian on the day of the race. The trainer shall have an attendant
present and the horse’s legs must be free
from bandages and topical substances when the official veterinarian
comes to his or her stable to make a pre-race examination.
(2) The pre-race examination shall
include, but not be limited to, examination of the horse's eyes, and
legs, and temperature and observation of the horse while at rest
and in motion, either at a walk or while jogging, at the discretion of the
examiner.
(3) Either tThe racing
commissioner's official
veterinarian or the veterinarian in the employ of the association shall
be in the paddock for inspection of the horses before a race. If, in the
opinion of the assigned official veterinarian, a horse is not fit
to race, that fact shall be reported to the stewards immediately with a
recommendation that the horse be scratched.
(4) Either the racing
commissioner's veterinarian or the association veternarianThe official veterinarian shall be
stationed at the starting gate to observe the fitness of horses as the horses
warm up for the race. Any horse which that breaks through the
starting gate or runs off without effective control shall be examined by the official
veterinarian. If, in the opinion of the official veterinarian, any horse
scheduled to start is not fit to race, that fact shall be reported to the
stewards immediately with a recommendation that the horse be scratched.
R 431.3075 Workout clockers; clocking.
Rule 3075. (1) The racing commissionerexecutive
director shall employ an steward as experienced
clocker. The clocker shall make a record of all morning workouts or any morning
trials on the main track race course of a race meeting or
training center track race course. of the association.
A record of all workouts and trials must be provided shall be
presented to the racing secretary by the clocker.s and a copy shall be
delivered to the stewards.
(2) Every occupational licensee who exercises a horse shall correctly identify to the clockers the horse he or she is exercising and shall state the distance over which the horse is to be worked and the point at which the workout is intended to begin.
(3) Horses working between races shall also be identified and their times announced. A horse shall not be permitted to work between races without the permission of the stewards and notification to necessary racing officials to ensure safety.
(4) A horse that has not started for 45 days is ineligible to race until it has completed 1 or more timed workouts satisfactory to the stewards before the day of the race in which the horse is entered. If such workouts do not appear in the daily racing form, they shall be published, where possible, in the track program the day of the race in which the horse is entered or shall be posted in 3 places in the racing plant for public inspection.
(5) A horse that has never started shall have not less than 2 published workouts, 1 being from the starting gate. The gate workout must be approved by the official starter.
(65) The stewards
may scratch a horse whose recent workouts have not been properly recorded
with the stewards' office.
R 431.3080 Horses; registration.
Rule 3080. (1) A horse shall not be entered or raced in this
state unless duly registered and named in the appropriate breed registry
office of the Jockey Club and unless the registration certificate or racing
permit issued by the breed registryjockey club for such horse is
on file with the racing secretary. However, the stewards may, for good cause,
waive this requirement if the horse is otherwise correctly identified to the stewards'
satisfaction.
(2) A horse shall not be registered for racing in this state unless the endorsement of the foal certificate indicates the current owner.
(3) A horse shall not be entered or
raced in this state which is designated by a name other than the name under which
such horse is currently registered with the appropriate breed registryJockey
Club. If a horse's name is changed by the jockey clubbreed
registry, such horse's former name shall be shown parenthetically in the
daily race program the first 3 times the horse races after the name change.
(4) A person shall not at any time cause or permit the correct identity of a horse to be concealed or altered and shall not refuse to reveal, to a racing official, the correct identity of a horse he or she owns or has in his or her care.
(5) A horse shall not race in this
state until properly identified by natural markings and shall not race without
a legible lip tattoo number or unique microchip applied by agents of the
tThoroughbred rRacing pProtective bBureau
or other recognized agencies.
(6) A horse shall not be entered or raced in this state if previously involved in either of the following situations involving misidentification:
(a) A person
having control of a horse knowingly entered or raced such horse while
designated by a name other than the name under which such horse was registered
with the jockey club appropriate breed registry.
(b) A person having control of a horse participated in or assisted in the entry or racing of some other horse under the name registered as belonging to the horse in question.
R 431.3085 Horses; denervingRescinded.
Rule 3085. (1) A horse shall not be entered to race that
has been denerved, neurectimized, desensitized, or anesthetized, at or above the
ankle, by surgery, cryosurgery, chemical block, or any other means. A horse
which has been subjected to any of the procedures stated in this subrule shall
not be eligible to race, and any licensee in violation of this rule shall be
subject to disciplinary action.
(2) A horse on which any
neurectomy has been performed below the ankle will be permitted to race if such
fact is designated on its registration certificate or racing permit.
(3) A list of all denerved horses
shall be posted in the racing secretary's office. A person shall not report a horse
as having a neurectomy when in fact a horse has not.
R 431.3090 Horses; training hours; removal; age; breeding.
Rule 3090. (1) A horse shall not be schooled in the
paddock or taken onto a track race course for training or
workout, other than during normal training hours posted by the association,
without the permission of the stewards.
(2) During a race meeting, a horse
shall not be removed from association the grounds without notifying
the stewards and, unless released by the racing secretary. A dead or
sick horse shall not be removed from the association
grounds without the prior approval of the racing commissioner'sofficial
veterinarian or the stewards.
(3) A maiden 7 years of age or older shall not be entered or start unless it has less than 6 lifetime starts.
(4) The name of a filly or mare
that has been covered by a stallion shall be so reported to the racing
secretary before being entered in a race. A list of all fillies and mares so
reported, showing the names of the stallions to which they have been bred,
shall be posted in the racing secretary's race office.
R 431.3095 Horses prohibited from entry or racing.
Rule 3095. A horse shall not be entered or raced in any of the following situations:
(a) The horse is not in
serviceable, sound racing condition.
(b) The horse is posted on a stewards' list or starter's list or is suspended in any racing jurisdiction.
(c) The horse is blind or has seriously impaired vision in both eyes.
(d) The horse is not correctly identified to the satisfaction of the stewards.
(e) The horse is owned wholly or in part by, or is trained by, an ineligible or associated person.
R 431.3101 Horses; equipment; sex alteration.
Rule 3101. (1) hips and bBlinkers shall be
used in a consistent manner on a horse. Permission to change any equipment used
on a horse from its last previous start shall be obtained from the stewards. A
horse's tongue may be tied down during a race with a clean bandage or gauze. A horse's
bridle shall not weigh more than 2 pounds. War bridles are prohibited. A horse
shall not race in ordinary training shoes. Bar shoes may be used for racing. Toe
grabs on thoroughbred and Arabian front shoes are permitted up to 2 millimeters
in length only.
(2) A whip that weighs more
than 1 pound or is longer than 28 inches with 1 popper shall not be used.
Stingers or projections extending through the hole of a popper or any metal part
on a whip are prohibited. Indiscriminate or brutal use of a whip on a horse, in
the sole discretion of the stewards, is prohibited.
(32) Any alteration
of the sex of a horse shall be promptly reported by the horse's trainer to the
racing secretary. The racing secretary shall note the alteration on the horse's
registration certificate.
R 431.3105 Entries; procedures.
Rule 3105. (1) A horse shall not start in a race unless the
horse has been and continues to be qualified to be entered in the race. Unless
otherwise specified in the conditions of a race or disqualified by violation of
these rules, a horse eligible at the time of entry shall continue to be
qualified, except in an overnight raceevent, in which it shall
also be eligible at the time of start.
(2) Entries, subscriptions, declarations, and scratches shall be reported to the racing secretary, who shall maintain a record of the time and receipt of such entries, subscriptions, declarations, and scratches.
(3) Any entry shall be in the name
of the horse's licensed owner, as completely disclosed and registered
with the racing secretary under these rules, and made by the owner, trainer, or
the licensed authorized agent of the owner. An authorized agent shall
not be licensed to represent more than 2 owners, trainers, or racing interests
at any one time.
(4) Any entry shall either be in
writing, by telephone, or transmitted by other electronic means as
approved by the executive directortelegraph and confirmed in writing;
except that an entry may be made by telephone to the racing secretary, but
shall be confirmed in writing if the stewards or the racing secretary so
requests.
(5) An entry shall clearly designate the horse entered. When entered for the first time during a race meeting, every horse shall be designated by name, age, color, sex, sire, dam, and broodmare sire, as reflected by such horse's registration certificate.
(6) An alteration shall not be made on an entry after the closing of entries, but an error may be corrected with permission of the stewards.
(7) A horse shall not be entered at
more than 1 race track when the races are to be conducted in 2
races to be run on the same day.
(8) An entry shall not be accepted
for any horse not stabled on association grounds where the race is to be run, unless
its stabling elsewhere has been approved by the association.
(98) In naming an
entry for a produce race or futurity, the produce is entered by specifying the
dam and the sire or sires.
(9) A horse may be entered while on the veterinarian’s list if the horse will be eligible at the time of the race.
R 431.3110 Mutuel entries; common ties.
Rule 3110. (1) Not more than 2 horses that have common ties requiring a mutuel entry shall be entered in a race. A preference for 1 of the horses shall be made when making a double entry. Either may be scratched up to 1 hour before post time for the first race. Two horses that have common ties requiring a mutuel entry shall not start in a race to the exclusion of a single betting interest.
(2) In races with a purse value
of $50,000 or more, horses with common ownership may race as separate
betting interests. It shall be indicated prominently in the program if horses
are trained or owned by the same person.
(3) A trainer of any horse shall
not have any ownership interest in any other horse in the same race, unless
such horses are coupled as a single wagering interest.
(42) Where no
exception exists, all Hhorses that have common ties through
ownership or training may be uncoupled as an entry in a race as
separate betting interests when approved by the stewards. Either may be
scratched up to 1 hour before post time for the first race.
R 431.3115 Subscriptions.
Rule 3115. (1) Nominations to or entry of a horse in a stakes race is a subscription. Any subscriber to a stakes race may transfer or declare such subscriptions before closing.
(2) Joint subscriptions and
entries may be made by any 1 of the joint owners of a horse, and each
owner shall beis jointly and severally liable for all payments
due thereon.
(3) Death of a horse or an error in its entry when the horse is eligible does not release the subscriber or transferee from liability for all stakes fees due thereon. Fees paid into a subscription to a stakes race that is run shall not be refunded, except as otherwise stated in the conditions of a stakes race.
(4) Death of a nominator or
original subscriber to a stakes race shalldoes not render void
any subscription, entry, or right of entry. All rights, privileges, and obligations
shall attach to the successor owner, including the legal representatives of the
decedent.
(5) When a horse is sold privately
or at public auction or is claimed, stakes engagements for such horse shall
be transferred automatically with the horse to its new owner; except
that if the horse is transferred to an ineligible a person whose
license is suspended or who is otherwise unqualified to race or enter such
horse, then the subscriptions shall beare void as of the date
of the transfer.
(6) All stakes fees paid toward a stakes race shall be allocated to the winner thereof unless otherwise provided by the conditions for such stakes race. If a stakes race is not run for any reason, all the subscriptions and fees shall be refunded.
(7) The stewards shall be given a true copy of the conditions of a stakes race before the trials for such race.
R 431.3120 Closings.
Rule 3120. (1) Entries for purse races and subscriptions to stakes races shall close at the time designated by the association in previously published conditions for such races. If a race is split, an entry, subscription, or declaration shall not be accepted after such closing time; except that if there is an emergency or if a purse race fails to fill, then the racing secretary may extend such closing time.
(2) If the hour of closing is not specified for stakes races, then subscriptions and declarations may be accepted until midnight of the day of closing if they are received in time for compliance with every other condition of such race.
(3) Entries which that have
closed shall be compiled without delay by the racing secretary and, together
with declarations, shall be posted.
R 431.3125 Number of starters in a race.
Rule 3125. (1) The maximum number of starters in a race shall be limited by the number of horses which, in the opinion of the stewards, considering the safety of the horses and riders and the distance from the start to the first turn, can be afforded a fair and equal start.
(2) In all stakes races that draw excessive entries the race shall be split into 2 or more races.
(3) At trackrace courses
measuring less than a mile in circumference, not more than 10 horses may start
in any race without the consent of the stewards, and not more than 12 horses
may start under any circumstance.
(4) A claiming race in the printed condition book for which 8 or more horses representing different betting interests are entered shall be run. All other purse races in the printed condition book for which 6 or more horses representing different betting interests are entered shall be run.
(5) If a purse race in the printed condition book fails to fill with the minimum number of entries required by subrule (4) of this rule to be run, then the association may cancel or declare off the race. The names of all horses entered shall be made available upon request.
R 431.3130 Split or divided races.
Rule 3130. (1) If a race is cancelled or declared off, the association may split any race programmed for the same day and which may previously have been closed. Races printed in the condition book shall be filled before substitute and extra races.
(2) When a purse race is split and it results in 2 or more separate races, the racing secretary shall give notice thereof not less than 15 minutes before such races are closed to grant time for the making of additional entries to such split races.
(3) Division of entries upon the
splitting of any race shall be made in accordance with pursuant to
the conditions under which entries and subscriptions thereof were made. In the
absence of specific conditions, the following provisions apply:
(a) Horses originally joined as a mutuel entry may be placed in different divisions of a split race unless the person making the multiple entry, at the time of entry, indicates the uncoupling is not desired if a race is split.
(b) Division of entries in any split stakes race may be made according to age or sex, or both.
(c) Entries for a split race not divided by any method provided in subdivisions (a) and (b) of this subrule shall be divided by lot to provide a number of betting interests as near equal as possible for each division of a split race.
R 431.3140 Also-eligible list.
Rule 3140. (1) If the number of entries for a purse race exceeds
the number of horses permitted to start in a race as provided by R 431.3125,
then the names of as many as 64 horses entered but not drawn into
a race as starters shall be posted on the entry sheet as “also-eligible” to start.
(2) If any horses have been
excused from a purse race at scratch time, a new drawing shall be taken of
horses on the also-eligible list and the starting and post position of the
horses drawn from the also-eligible list shall be determined by the sequence
drawn.
(2) If any horse is scratched from a race for which an also-eligible list was created, a replacement horse shall be drawn from the also-eligible list into the race in order of preference. If none is preferred, a horse shall be drawn into the race from the also-eligible list by public lot.
(3) A horse that draws into a straightaway race from the also-eligible list shall start from the post position vacated by the scratched horse.
(4) A horse that draws into a non-straightaway race from the also-eligible list shall start from the outermost post position.
(35) The owner or
trainer of a horse on the also-eligible list who does not wish to start the
horse in the race shall so notify the racing secretary before scratch time for
such race., and such horse shall forfeit any preference to which it may have
been entitled.
(46) Where
entries are closed 2 racing days before the running of a race, Aa
horse thatwhich is on an also-eligible list and thatwhich
also has been drawn into a race as a starter for the succeeding day shall not be
given an opportunity to be drawn into the earlier race for which the horse had been
listed as also-eligible.
R 431.3145 Preference.
Rule 3145. (1) Horses entered that are eliminated from races programmed in the printed condition book either by overfilling or failure to fill shall be listed by the racing secretary and given preference in subsequent races of similar distance and conditions.
(2) Preference shall be given in all races, except handicaps and stakes, according to a horse's last previous race during the current race meeting. The preference date on a horse that has drawn to race and has been scratched is the date of the race from which the horse was scratched. When a horse is racing for the first time in the current meet, the date of the first entry shall be considered the horse's last racing date and preference shall be applied accordingly.
(3) The preference date shall be claimed at the time of entry by indicating the date on the entry with the word “preferred.”
(4) Horses whichthat are
drawn into races and those on the also-eligible list whichthat
draw into races willmust receive a running date corresponding to
the date on which they are to run and willmust lose all dates
previously held.
(5) Horses on the veterinarian's list, stewards' list, or starter's list cannot establish a preference date.
(6) Preference dates remain the same regardless of a change of ownership or trainer.
(7) Horses whichthat have
established a preference date at the current race meeting shalllose
that preference date if they race elsewhere. The reentry of such horses will
reestablishes the preference dates.
(8) Horses entered in the wrong
race by an owner, trainer, or authorized agent shall lose their
preference dates.
(9) There willare no
special preference dates for Michigan-bred horses.
(10) Preference dates willmust
not be carried for a period of more than 3045 days. The stewards willshall
make a final determination in a matter of interpretation of preference dates.
R 431.3155 Declarations.
Rule 3155. Withdrawal of a horse from a race before closing
by the owner, trainer, or authorized agent shall be made in the same manner as to
form, time, and procedure as provided for the making of entries. Declarations and
scratches are irrevocable. An association shall not require a
declaration fee shall not be required by an association.
R 431.3160 Scratches.
Rule 3160. Withdrawal of a horse from a race after
closing by the owner, trainer, or authorized agent shall beis permitted
only under the following conditions:
(a) A horse may be scratched from a stakes race for any reason up until 45 minutes before post time for the race by filing, in writing, an intention to scratch with the clerk of scales.
(b) A horse shall not be scratched from a purse race without approval of the stewards and unless the intention to scratch has been filed, in writing, with the racing secretary at or before the time conspicuously posted as scratch time. A scratch of 1 horse coupled in a mutuel entry in a purse race is permitted up to 1 hour before post time for the first race.
(c) In purse races, horses that are physically disabled shall be excused first. If more than 10 interests remain in the 2 daily double races or trifecta races or more than 8 interests remain in the remainder of the races, owners or trainers may scratch to those limits by the specified scratch time of the day of the race. The privilege to scratch will be determined by lot when necessary.
(d) Any horse that has been
excused from starting because of physical disability or sickness shall not be
entered in any race until declared fit by the veterinarian representing the
racing commissioner. Scratches are irrevocable.
R 431.3165 Eligibility; allowances; penalties.
Rule 3165. (1) In determining eligibility, allowances, and
penalties, only reports, records, and statistics as published by the
official database of racing information and statistics in the daily racing
form monthly chart records, a corresponding publication of a foreign
country, or sworn statements as specified in subrule (2) of this rule shall be
considered, unless otherwise provided by the published conditions of the race.
Interpretations of the conditions of a race when in dispute, shall be made by
the racing secretary with approval of the stewards.
(2) If during the previous
calendar year, or if at any time for a maiden race, a horse has started in a
race which is not reported by the official database of racing information
and statistics in the daily racing form monthly chart books, the
horse shall not be entered to race until the owner has furnished the racing
secretary, not less than 48 hours before the entry, performance records showing
all of the following information:
(a) Where and when the horse raced.
(b) The distance.
(c) The weight carried.
(d) Amount earned.
(e) The horse's finishing position and time.
(f) The performance
records shall be signed and sworn to by sworn statement and signature of
the owner of the horse.
(3) Penalties and allowances are
not cumulative unless so declared by the conditions of the race and shall take
effect at the time of starting, except that in overnight races events,
a horse shall have only the allowance it was entitled to at the time of entry.
(4) Penalties are obligatory.
Allowances are optional except filly and mare weight allowances. Asas
to all or any part of the allowance thereof, and, in overnight racesevents,
allowances shall be claimed at the time of entry.
(5) Allowances to the produce of untried horses shall be claimed before the expiration of the time of the naming and shall not be lost by winning after that time.
(6) A horse shall not receive
allowances of weight or be relieved from extra weight for having been beaten in
1 or more races, but this rule shalldoes not prohibit maiden
allowances or allowances to horses that have not won a race within a specified
period or a race of a specified value.
(7) When a race is in dispute,
both the horse that finished first and any horse for which the race is
authoritatively claimed shall beare liable to all
penalties attached to the winning of that race until the matter is decided.
(8) When winners of claiming races are exempt from penalties, the exemption shall apply to the winners of optional claiming races only if such winner was entered to be claimed.
(9) For every handicap, the handicapper shall append to the weights the day and hour from which winners will be liable to a penalty, if any, and an alteration shall not be made after publication, except in case of omission through error of the name or weight of a horse entered. In case of such omission, and by permission of the stewards, the omission may be rectified by the handicapper.
(10) Penalties shall not be
recognized against horses, except maidens, or apply to jockeys in respect to
the apprentice allowance, for winning races on minor tracks. In determining
which tracks are minor tracks, the racing commissionerexecutive
director may consider tracks that are not reported in the daily racing form
or a corresponding publication of a foreign countrycorresponding
foreign publications.
R 431.3170 Michigan-bred races; preference.
Rule 3170. (1) Michigan-bred horses shall be allowed 5 pounds in all overnight races. A Michigan-bred horse, for purposes of weight allowances, breeders' awards, and state supplements, is defined by R 285.810.1.
(2) Horses winning races at
recognized county, district, or state fairs in Michigan shall not be penalized for
such winnings in races run hereafter under the jurisdiction of the racing commissionerexecutive
director. The maiden allowance, however, shall be lost by winning a race at
any fair recognized by the Michigan department of agriculture and rural
development.
R 431.3175 Winnings; computation.
Rule 3175. (1) Winnings include all prizes for finishing first up to the time appointed for the start and shall apply to all races, but do not include the value of any prize which is not money or which is not paid in money. Winnings during the year shall be reckoned from the preceding January 1.
(2) A horse shall not be penalized for having been beaten in a race.
(3) The winnings of a horse in a stake race shall be computed in the value of the gross earnings.
(4) In determining the value of a series of races in which an extra sum of money is won by winning 2 or more races of the series, the extra amount shall be added to the purse of the last race by which the money was finally won.
(5) If there is a dead heat, each horse shall be a winner only of the amount received by the owner.
(6) Foreign winnings shall be calculated on the basis of the official rate of exchange on the day of winning.
(7) If a race is not run or is declared
no contest void, stakes, forfeit, and entrance money shall be
returned.
(8) A race may be declared no
contest void if no qualified horse covers the course according to
rule.
(9) Purse money, prize money, or
an award of any kind shall notmay be distributed until results
of the specimen and urine tests are reported from the designated laboratory by the association unless a hold is placed on
the funds by the stewards. The racing commissioner stewards
shall notify the associationrace meet licensee in writing if
further delay is necessary.
R 431.3180 Claiming races generally.
Rule 3180. (1) The primary purpose of claiming races is the classification of horses.
(2) In a claiming race, a horse is
subject to claim for its entered price by any owner or racing interest
in good standing who is properly licensed in this state. An owner may claim out of his or her initial race.
(3) An individual or racing
interest A legal entity that which seeks to make a claim
and which that otherwise is not eligible as set forth in these rules
may do so, after filing proper license applications, and by
complying with all of the following provisions:
(a) Depositing an amount not less than the minimum claiming price at the race meeting with the horsemen's bookkeeper. Such amount shall remain on account until a claim is made or permission to claim has expired. If withdrawal of such amount occurs, any permit issued pursuant to this rule is automatically revoked and terminated.
(b) Submitting
to the stewards, in writing, the name of a trainer whose Michigan license is
currently in full force and effect and who will represent the legal entityindividual
or racing interest that desires to make a claim once the claim is made.
(c) Securing
from the stewards a written claiming permit which is in full force and effect at
the timewhen a claim is made by the legal entityindividual,
interest, or a trainer or authorized agent representing the legal
entityindividual or interest.
(4) Before issuing a claiming
permit, the stewards shall determine that an individual qualifies for an occupational
license and permit by the standards of occupational licensing. A claiming
permit shall take effect upon10 days after issue and shall not be
issued for more than 30 days.
(5) A claim may be made on behalf of an owner by an authorized agent or trainer, but an authorized agent or trainer may claim only for the account of those for whom he or she is licensed as agent, and the name of the authorized agent as well as the name of the owner for whom the claim is being made shall appear on the claim slip.
(6) A licensee shall not claim his or her own horse or cause his or her own horse to be claimed, directly or indirectly, for his or her own account.
(7) A person shall not claim more
than 1 horse from any 1 race. An authorized agent, although representing more
than 1several owners, shall not submit more than 1 claim for
any 1 race. When a stable consists of horses owned by more than 1 person and
trained by the same trainer, not more than 1 claim may be entered on behalf of
such stable in any 1 race.
R 431.3201 Claiming; form; accuracy; time of deposit; voiding a claim.
Rule 3201. (1) A claim shall be made in writing on a form
in an envelope furnished by the association and approved by the racing commissionerexecutive
director. Both form and envelope shall be filled out completely and shall accurately
identify the claim. A form and envelope thatwhich are not filled out
completely or whichthat does not accurately identify the claim
renders the claim void.
(2) A claim shall be deposited in
the claim box not less than 15 minutes before post time of the race to which
the claim pertains. The claim box shall be removed from the counter of the racing
secretary'srace office not less than 15 minutes before post time of
the race, as determined by the official track clock showing post time. If
the clock stamp at the counter which imprints the date, hour, and minute is
used to indicate the date and time the claim envelope is deposited, the time stamped
on the claim envelope shall be not later than 15 minutes before post time of
the race.
(3) Money or its equivalent shall
not be put in the claim box. For a claim to be valid, the person making the
claim shall have a credit balance in his or her account with the
association's horsemen's bookkeeper of not less than the amount of the
claim.
(4) A claim is irrevocable except as allowed under these rules.
(5) The stewards or their
designated representative shall open the claim envelopes for each race as soon
as, but not until, the horses for the race enter the track race
course on the way from the paddock to post.
(6) An official or other employee of an association shall not give any information as to the filing of claims except as is necessary for processing of the claims until the race has been run.
(7) Title to a claimed horse shall
be vested in the successful claimant at the timewhen the horse
becomes a starter. A horse is a starter when the stall doors of the starting
gate open in front of the horse at the time the official starter
dispatches the horses.
(8) A claimed horse shall run in the interest and for the account of the owner who entered it.
(9) The stewards shall be the
judges of the validity of a claim. A claim that is not made in compliance
with these rules is void. The stewards, at any time, may require any person
filing a claim to present a written affidavit that he or she is claiming
pursuant to these rules. The stewards shall be the judges of the
validity of a claim.
(10) If a claimed horse is excused by the stewards before the start of the race, a claim for such horse is void.
(11) All claimed horses must be
post-race drug tested whereby the horse must be taken to the detention area and
remains under control of the original trainer, until released from the
detention area. A horse that has been claimed shall be
taken, after the race has been run, to the paddock for delivery to the claimant.
The claimant shall present written authorization for the claim from the racing secretary.
Any person who refuses to deliver a horse legally claimed out of a claiming
race shall be suspended together with the horse until delivery is madeA
person shall not refuse to deliver to the person legally entitled thereto a
claimed horse, and the horse is disqualified until delivery is made.
(12) If more than 1 valid claim is
filed for the same horse, title to the horse shall be determined by lot under
the supervision of 1 or more of the stewards or their representatives. Claimants
shall be allowed to inspect claim forms apparatus used in the drawing of lot and
be present for the draw.
(13) Notwithstanding any incorrect designation of sex or age appearing in the racing program or in any racing publication, the claimant of a horse shall be solely responsible for determining the age or sex of the horse claimed.
(14) Should the analysis of a post-race blood, urine, or other sample taken from a claimed horse result in a post-race positive test, or if the test results of a previous race have not been cleared by the date of the claim and result in a post-race positive test, the claimant’s trainer shall be promptly notified by the stewards and the claimant shall have the option to void the claim within 3 days of such notice by the claimant’s trainer. If the claimed horse starts in a race for the claimant, this rule may not be used to void the claim. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant’s trainer. If the claim is voided, the horse shall be returned to the owner of the horse who subjected the horse to claiming in the race from which the positive test resulted.
(15) A claim is void for any horse that dies during a race or is euthanized on the race course following a race.
(16) A claim is voidable at the discretion of the new owner, for a horse that is placed on the veterinarian’s list before leaving the detention barn following the race from which it is claimed. An election to void the claim must be made in writing to the stewards by the claimant or the claimant’s trainer within one hour after verbal notification by the official veterinarian that the horse has been placed on the veterinarian’s list following the race from which it is claimed.
(17) If a horse is claimed, a blood sample may be taken by a licensed veterinarian and tested for equine infectious anemia. The sample shall be forwarded within 24 hours to an approved laboratory. Pending the receipt of a negative test for equine infectious anemia, the money paid for the claimed horse shall be held by the association. If the test is positive for equine infectious anemia, the ownership of the claimed horse shall revert to the owner from whom the horse was claimed, and the claiming monies shall be returned to the person or persons who claimed the horse. The cost of the test is to be borne by the claimant.
R 431.3205 Claiming; reentry; additional restrictions.
Rule 3205. (1) For a period of 30 days after claim, a claimed
horse shall not start in a race in which the determining eligibility price is
less than 25% more than the price at which it was claimed. The day claimed
shall not count, but the following calendar day shall be the first day, and the
horse shall be entitled to enter when necessary so that the horse may start on
the 31st calendar day following the claim, for any claiming price. This subruledoes
not apply to starter handicaps in which the weight to be carried is assigned by
the handicapper. A similar rule in any other state shall be recognized.
(2) A horse claimed in another
state before racing in this state shall while racing in this state pay
any additional penalty imposed by these rules.
(31) A claimed horse
is not eligible to race in any other jurisdiction state other than
Michigan for a period of 60 days from the date of claim or until after the
close of the live race meeting at which it was claimed.
(42) A claimed horse
shall not be sold or transferred, wholly or in part, to anyone within 30 days
after the day it was claimed, except in another claiming race.
(53) A claimed horse
shall not remain in the same stable or under the care or management of the
owner or trainer from whom the horse was claimed.
(64) When a horse is
claimed, its engagements are included.
(75) A person who
enters or who allows to be entered, in a claiming race, a horse against which
claim is held by mortgage, bill of sale, or lien of any kind is subject to disciplinary
action, unless, when or before entering the horse, the written consent of the holder
of the mortgage, bill of sale, or lien is filed with the racing secretary.
(86) A person shall not
enter a horse in a claiming race without disclosing the horse's true ownership.
When a horse is claimed, the change of ownership of a horse entered in a
claiming race by someone who does not have undisputed possession of the horse shall
not be considered after closing time for claims of that race.
(97) A person shall
not enter into or offer to enter into an agreement not to claim, or attempt to
prevent another person from claiming, any horse in a claiming race. A person
shall not attempt, by intimidation or otherwise, to prevent anyone from
running a horse in any claiming race. An owner, trainer, or authorized agent
shall not make an agreement with another owner, trainer, or authorized agent
for the protection of each other's horses in a claiming race.
(108) If a stable
registered at a meeting is eliminated by sale or removal from the grounds, the
right to claim is void. When a stable has been eliminated by claiming, the owner
so affected may obtain a certificate from the stewards of the meeting and,
on presentation of that certificate, the owner shall beis entitled
to claim during the next 30 racing days at any live race recognized meeting
in this state until he or she has claimed a horse or has acquired a horse by
some other means. Stables eliminated by fire and other hazards may also be
permitted by the stewards to claim under this rule.
R 431.3210 Dead heats.
Rule 3210. (1) When a race results in a dead
heat for first place, the dead heat shall not be run off and the owners shall divide
first and second money.
(21) When 2 horses
run a dead heat for first place, all prizes to which the first and second
horses would have been entitled shall be divided equally between the 2 horses.If
a dead heat is declared, This sub rule applies in dividing prizes regardless
of the number of horses running a dead heat, for second place. Tthey
shall divide the second and third dead heated finishers' prize money
equally.
(32) If the dividing
owners cannot agree which owner is to have a cup or other prize which cannot be
divided, the question shall be determined by the stewards by lot.
R 431.3215 Weights.
Rule 3215. (1) When the conditions of a race do not state
to the contrary, the weights set up by the jockey club are adopted as weights by
the racing commissionerexecutive director. and apply as
follows:
Jan/ Mar/ Nov/
Distance Age Feb Apr May June
July Aug Sept Oct Dec
.
One-half
mile 2 x x x
x x 105 108 111 114
3 117
119 121 123 125 126 127 128 129
4 130
130 130 130 130 130 130 130 130
5 130
130 130 130 130 130 130 130 130
And up
.
Six furlongs 2 x x x
x x 102 105 108 111
3 114
117 119 121 123 125 126 127 128
4 129
130 130 130 130 130 130 130 130
5 130
130 130 130 130 130 130 130 130
And up
.
One mile 2 x x x
x x x 96 99 102
3 017 111 113
115 117 119 121 122 123
4 127
128 127 126 126 126 126 126 126
5 128
128 127 126 126 126 126 126 126
And up
.
One and one-
quarter miles 2 x x x
x x x x x x
3 101 107 111
113 116 118 120 121 122
4 125
127 127 126 126 126 126 126 126
5 127
127 127 126 126 126 126 126 126
And up
.
One and one-
half miles 2 x x x
x x x x x x
3 98
104 108 111 114 117 119 121 122
4 124
126 126 126 126 126 126 126 126
5 126
126 126 126 126 126 126 126 126
And up
.
Two miles 3 96 102 106 109
112 114 117 119 120
4 124
126 126 126 126 125 125 124 124
5 126
126 126 126 126 125 125 124 124
And up
Weights for the shorter distances are carried in races of
intermediate lengths.
(2) For a race in which horses are 2 years old, the weight is 122 pounds and for 3 year olds or 4 year olds, 126 pounds.
(3) Fillies 2 years old are allowed 3 pounds and mares 3 years old or over are allowed 5 pounds before, and 3 pounds after, September 1, except in handicaps and in races where the conditions expressly state otherwise.
R 431.3220 Jockeys; probationary mounts.
Rule 3220. Any person who wishes to participate as a
jockey and who has never previously ridden in a race may be permittedrequired
to ride in 52 races before being granted a license upgrade by
the stewards. the issuance of a license as an apprentice jockey A
person may only ride in the required probationary races if all of the
following conditions have been satisfied:
(a) Such person is a licensee
with at least 1 year of service with a racing stable.
(ba) A licensed
trainer certifies, in writing, to the stewards that such person has
demonstrated sufficient horsemanship to be permitted such probationary mounts.
(cb) The official
starter has schooled such person in breaking from the starting gate
with other horses and approves such person as capable of starting a horse
properly from the starting gate in a race.
(dc) The stewards,
in their sole discretion, are satisfied such person intends to become a
licensed jockey, possesses the physical ability, and has demonstrated sufficient
horsemanship to ride in a race without jeopardizing the safety of horses or
other riders in such race. A person shall not be permitted to ride in any such probationary
races without prior approval of the stewards.
R 431.3225 Jockeys; licensing qualifications.
Rule 3225. In addition to rules applicable to licensees in part 1 of these rules, a holder of a license as a jockey or apprentice jockey shall comply with all of the following provisions:
(a) Be 16 years of age or older.
(b) Be licensed under his or her legal name, which shall be listed in the daily race program.
(c) Have served at least 1 year
with a racing stable.
(dc) Have ridden in a
number of races considered satisfactory by the stewardsnot less than 2
races.
(ed) When required by
the stewards, provide a medical affidavit certifying that the applicant is physically
and mentally capable of performing the activities and duties of a licensed
jockey.
(fe) Shall be
Be under contract or have an apprentice certificate.
R 431.3230 Apprentice allowance and contract.
Rule 3230. (1) Any person 16 years of age or older who has never been previously licensed as a jockey in any country and who is qualified under the provisions of R 431.3225 may claim in all purse races, except stakes and handicaps, the following weight allowances:
(a) Except as
otherwise provided in this subrule, Five five pounds. This
allowance shall continue for 1 year from the date of the apprentice jockey's
fifth win. If the apprentice has not ridden 40 winners in the 1-year period,
the allowance shall continue for a period of not more than 3 years from the
date of the apprentice's first win until he or she has ridden 40
winners. Wins at race meetsrecognized meetings where the rules do
not permit apprentice allowances shall not count as wins with respect to this
subdivision.
(b) After
completion of the conditions specified in subdivision (a) of this subrule, a
contracted apprentice, for 1 year, may claim 3 pounds when riding horses owned
or trained by his or her original contract employer. The holder of the contract
at the timewhen an apprentice rides his or her first winner shall
be considered the original contract employer.
(2) An apprentice jockey may enter
into a contract with a licensed an owner or licensed
trainer qualified under R 431.3235 for a period of not less than 3, nor more
than 5, years. Such contracts shall be approved by the stewards and filed with
the racing commissionerexecutive director. Such contracts shall be
binding in all respects on the signatories thereof. An apprentice who is not
contracted shall be given an apprentice jockey certificate on a form furnished
by the commissionerexecutive director.
(3) If an apprentice is unable to
ride for a period of 14 consecutive days or more because of service in the armed
forces Armed Forces of the United States, physical disablement,
or restrictions on racing, the stewards, after consultation with the racing
authority which first approved the original apprentice contract or certificate,
may extend the time during which such apprentice weight allowance may be
claimed for a period not longer than the period such apprentice jockey was
unable to ride.
(4) After satisfying the
conditions specified in subrule (1) of this rule, a rider shall be issued a license
as a jockey before accepting subsequent mounts. Under these circumstances, the racing
commissionerexecutive director may waive collection of an additional
license fee.
R 431.3235 Jockey contracts.
Rule 3235. A contract between an employer, owner or
trainer and an employee jockey is subject to the rules of racing. All riding contracts
for terms longer than 30 days, as well as any amendments thereto or
cancellation or transfer thereof, shall be in writing and shall contain
notarized signatures of all parties to the contracts. A contract shall be
approved by the stewards and filed with the racing commissionerexecutive
director. The stewards may approve a riding contract and permit persons to participate
in racing in this state if the stewards find that all of the following
provisions are satisfied:
(a) The
contract employer is a licensed an owner or licensed trainer
who owns or trains not less than 3 horses which are eligible to race at the
time of execution of such contract.
(b) The contract employer possesses the character, ability, facilities, and financial responsibility conducive to developing a competent race jockey.
(c) The contract provides fair remuneration, adequate medical care, and an option equally available to both employer and jockey to cancel such contract after 2 years from date of execution.
R 431.3240 Jockey restrictionsRescinded.
Rule 3240. A jockey shall not do any of the following:
(a) Ride any
horse not owned or trained by his or her contract employer in a race against a horse
owned or trained by his or her contract employer.
(b) Ride or
agree to ride any horse in a race without the consent of his or her contract
employer.
(c) Share
any money earned from riding with his or her contract employer.
(d) Accept
any present, money, or reward of any kind in connection with his or her riding of
any race, except through his or her contract employer.
R 431.3245 Calls and engagements.
Rule 3245. (1) Any jockey who is not prohibited by prior contract
may agree to give first or second call on his or her racing-riding services to
any licensed owner or trainer. Such agreements, if for terms of more than
30 days, shall be in writing, approved by the stewards, and filed with the racing
commissionerexecutive director.
(2) A jockey employed by a racing stable on a regular salaried basis shall not ride against the stable which employs him or her. An owner or trainer shall not employ or engage a jockey to prevent him or her from riding another horse.
(3) Employers retaining the
same jockey have precedence according to priority of the retainers as specified
in the contracts.
(4) Conflicting claims for the
services of a jockey shall be decided by the stewards and such decision is
final.
R 431.3250 Jockeys' room; reporting.
Rule 3250. (1) A jockey who has engagements to ride shall, upon entering the grounds, report directly to the scale room at the time designated by the clerk of scales. After making weight, a jockey shall not leave the jockeys' room, except to ride in scheduled races, until all of his or her engagements for the day have been filled, except as approved by the stewards. Immediately before mounting, a jockey shall test his or her weights on the scales provided for that purpose. Failure to test his or her weights subjects a jockey to possible disciplinary action.
(2) A jockey shall not reenter the jockeys' room once his or her day's engagements are completed.
(3) A jockey shall wear the colors of the owner of the horse he or she is riding, unless permitted by the stewards to do otherwise.
(4) The association shall make
arrangements for valets to attend the jockeys. Valets shall be paid for their
services by the association. The valets shall work on a rotation system
prepared by the jockeys’ room custodian of the jockeys' room.
(5) The valets shall be uniformly and
neatly attired in uniforms provided by the association and approved by the racing
commissionerexecutive director.
R 431.3255 Jockeys' room custodian; duties.
Rule 3255. (1) It is the duty of the association, through the services of the jockeys' room custodian, to assure that order, decorum, and cleanliness are maintained in the jockeys' and scale rooms.
(2) The custodian shall assist the clerk of scales as the clerk desires.
(3) The custodian shall make
certain that persons other than racing officials, representatives of the racing
commissionerexecutive director, and the necessary jockeys' room
attendants are not admitted to the jockeys' room after the designated time of a
race day without the consent of the stewards for each time of entry.
(4) The custodian shall oversee the care and storage of all racing colors.
(5) The custodian shall oversee the jockey valets.
(6) The custodian shall report any irregularities to the clerk of scales that occur in his or her presence.
(7) The custodian shall make
certain that jockeys are neat in appearance when they leave, with the
approval of stewards under escort, to observe the running of a race.
Gambling and games of chance are not permitted in the jockeys' room.
(8) A person employed in the jockeys' room shall not make a bet for himself or herself or place a bet for another on any race under penalty of disciplinary action, including license revocation.
R 431.3260 Racing and safety equipment.
Rule 3260. (1) A jockey riding in a race shall wear a
safety helmet of a type approved by the racing commissioner, on recommendation of
the stewards, and a change in a helmet shall not be made without the approval
of the stewards. A jockey, apprentice jockey, or any other rider in the course
of exercising or ponying a thoroughbred horse is required to wear an approved
safety helmet.(1) Any person mounted
on a horse or stable pony on the grounds must wear a properly secured safety
helmet at all times. Additionally, all members of the starting gate crew must
adhere to this rule at all times while performing their duties or handling a
horse.
(2) Any person mounted on a horse or stable pony on the grounds must wear a properly-secured safety vest at all times. Additionally, all members of the starting gate crew must also adhere to this rule at all times while performing their duties or handling a horse.
(3) The association shall make available for use approved helmets, safety vests, and any other safety equipment as required by the executive director for association employees mounted on a horse or stable pony or members of the starting gate crew.
(4) A safety helmet or a safety vest must not be altered in any manner and the product marking must not be removed or defaced.
(25) A whipriding
crop, number cloth, or blinkers , or number cloth is are
not allowed on the scales. A bridle or safety helmet approved by the racing
commissioner executive director shallmust not be
weighed.
(36) The use of
spurs is prohibited.
(7) As used in this rule, "member of the starting gate crew" means any person licensed as an assistant starter or any person who handles a horse in the starting gate.
R 431.3265 Wagering; attire; film review.
Rule 3265. (1) A riderjockey shall not
place a wager, cause the placement of a wager placed on his or her behalf, or
accept any ticket or winnings from a wager on any race, except on his or her
own mount and except through the owner or trainer of the horse he or she is
riding.
(2) A jockey who is proven, to the
satisfaction of the racing commissionerexecutive director, to
have engaged in any forbidden wagering transaction or to have received any
remuneration, gratuities, or incentive in connection with a horse race from
persons other than the owner or trainer of a horse ridden by such jockey shall
be subject to disciplinary action.
(3) Upon leaving the jockeys' room
to ride in any race, until all of their engagements for the day have
been filled, a jockey shall be neat and clean in appearance and wear the traditional
jockey costumesilks with all jacket buttons and catches fastened.
A jockey shall wear the cap and jacket racing colors registered in the name of
the owner of the horse he or she is to ride, stock tie, white breeches, top
boots, safety helmet approved by the racing commissionerexecutive
director, and a number on his or her right shoulder corresponding to his or
her mount's number shown on the saddle cloth and in the daily racing program.
In an emergency, an association may provide substitute colors.
(4) A jockey shall be
responsible for checking the film list posted by the stewards in the
jockeys' room the day after riding in a race. The posting of the list is to
be considered notice to all riders whose names are listed thereon to
present themselves at the time designated by the stewards to view the patrol
films or videotapes of races.
R 431.3270 Jockey fees.
Rule 3270. (1) A dispute as to whether or not the jockey
has earned his or her fee after he or she has weighed out for the race willmust
be determined by the stewards according to the circumstances in each case.
(2) When a jockey weighs out and
does not ride in a race for which he or she has been engaged because an owner
or trainer engaged more than 1 rider for the same race, the owner or trainer may
be required to pay an appropriate fee to each rider engaged for such race. A jockey
shall honor his or her contractual agreements. Whether a fee is earned will be
determined by the contract.
R 431.3275 Jockey agents; restrictions.
Rule 3275. (1) Jockeys may make their own engagements or the
engagements may be made by a licensed jockey agent or contract employer.
A jockey agent may act for 21 journeyman jockeys
and 1 apprentice jockey or may act for 2 journeymen, upon approval of
the stewards.
(2) A jockey agent shall not be allowed in the paddock or jockeys' room at any time.
(3) A jockey agent shall maintain
separate and accurate records of all engagements contracted for jockeys he or
she represents and shall, at all times, have these records available for
examination by the stewards and the racing commissioner executive
director or his or her authorized representative.
(4) Inaccuracies or the failure to
maintain records in a manner satisfactory to the stewards may result in disciplinary
action, including license revocation.
(5) When a jockey dismisses a jockey
agent, the jockey shall give immediate notice to the stewards in writing.
Failure of the jockey to give written notice to the stewards may
result in is punishable by disciplinary action.
(6) A jockey agent shall not enter
a horse in any race unless he or she has given first or second call to the
owner or traineris appointed as an authorized agent for the owner, trainer,
or racing interest. A jockey agent will be appointed as an authorized agent
for not more than 2 owners, trainers, or racing interests at any one time. A
jockey agent's license and authorized agent appointment are is invalid
if he or she is not representing a jockey currently participating at the race meetmeeting.
R 431.3290 Paddock to post.
Rule 3290. (1) A horse shall not start unless the trainer
and the owner are licensed by the racing commissionerexecutive
director. A trainer who is absent from his or her stable or from the
grounds where his or her horses are racing for more than 2 consecutive racing
days, and whose horses are entered or are to be entered, shall provide a licensed
trainer to assume complete responsibility for the horses being entered or running.
Such licensed trainer shall sign, in the presence of the stewards, a form
furnished by the racing commissionerexecutive director accepting
complete responsibility for the horses entered or running.
(2) A horse shall wear head numbers
in a race when the track is officially rated sloppy or muddy.
(32) Every horse
entering the paddock to race shall be inspected as to its shoeing, if any. An unshod
horse may race with permission of the stewards and must be noted on the
program or announced to the public. Training shoes are prohibited.
(43) All horses
shall parade and carry their weight from the paddock to the starting post. A
horse that fails to do so may be disqualified by the stewards.
(54) After entering
the track race course, not more than 12 minutes shall elapse in the
parade of horses to the post, except in cases of unavoidable delay. After
passing the stand once, horses are allowed to break formation and canter, warm
up, or go as they please to the post. When horses have reached the post, they
shall be started without unnecessary delay.
(65) Each
association shall employ not less than 2 outriders to escort starters to the
post and to assist in the returning of all horses to the unsaddling area. An
outrider shall not lead any horse thatunless it has not demonstrated
unruly behaviorunruliness, but shall assist in the control of any
horse which might cause injury to a jockey or others. Outriders shall beare
required to be present on the racing striprace course,
mounted, and ready to assist in the control of any unruly horse or to recapture
any loose horse at all times horses are permitted on the racing striprace
course for exercising or racing.
(76) The horses are
under the control of the official starter after they leave the paddock
until the start and are not entitled to further care from their attendants,
except that, in case of an accident, the official starter may permit
jockeys to dismount and may permit horses to be cared for during the delay.
Other than this exception, a jockey shall not dismount. Unruly horses shall be
placed on the schooling list.
(87) The official
starter is required to load horses in the starting gate in order of post
position. Any exception to this shallmust be approved by the
stewards.
(98) An owner or
trainer who desires that his or her horse not be tailed or tonged at the
starting gate shall make, at time of entry, a written request to the official
starter and the horse shall not be tailed or tonged.
(109) Horses shall
be schooled under the supervision of the official starter or his or her assistant.
The official starter shall report horses that are sufficiently schooled
to start to the racing secretary. Unruly horses shall be placed on the
schooling list and shall not start until approved by the official starter.
The schooling list shall be respected in all cases.
(101) Before
becoming a starter, a horse may be excused by the stewards because of physical
disability, incorrigibility, or because of having been improperly entered in
the race.
(112) If a horse is
excused by the stewards before becoming a starter, or if the doors at the front
of the stall gate do not open when the official starter dispatches the
field, which causes a horse to be left, or if any horse is disqualified for
bringing in underweight, the money bet on any horse or horses thus eliminated
shall be deducted from the pool and refunded to the purchasers of tickets on
such horse or horses. However, if 1 horse of an entry or 1 of the horses
grouped in the field leaves the stall gate and brings in proper weight, there
shall not be a refund on the entry or on the field.
(12) When a loose horse leaves the race course the horse shall be scratched.
R 431.3295 Disqualification.
Rule 3295. (1) A leading horse is entitled to any part of
the trackrace course, but if any horse swerves or is ridden to
either side so as to interfere with or impede another horse, it is a foul and
the horse may be disqualified at the discretion of the stewards if, in
the opinion of the stewards, the incident altered the finish of the race,
whether the foul was willful or the result of careless riding. If the
stewards determine the foul was intentional or due to careless riding, they
shall take disciplinary action against the offending jockey.
(2) The stewards may determine the extent of disqualification in case of fouls. The stewards may place the offending horse behind the horses which, in their judgment, it interfered with or the stewards may place the offending horse last.
(3) When a horse is disqualified under this rule, the stewards may disqualify a horse in the same race belonging wholly or partly to the same owner or trained by the same trainer.
(4) The time recorded for the
first horse to cross the finish line shall be the official time of the race,
except as provided for in R 431.1330.
(54) The stewards
shall take cognizance of foul riding, whether or not an objection is made. An
objection shall not be received from any person other than the jockey, trainer,
owner, or authorized agent of the owner of the horse allegedly interfered with.
(65) A person shall
not assist a jockey in taking his or her equipment off his or her horse, except
with permission of the stewards.
(76) A person shall
not throw any covering over any horse at the place of dismounting until the
horse's equipment is removed.
(87) A jockey shall
weigh in at the same weight as that which he or she weighed out. If short of
the weigh-out weight by 2 pounds or more, the jockey's mount shallmay
be disqualified and a refund of wagers on the horse shallmay be
ordered.
(98) A horse that
does not carry its jockey across the finish line is disqualified. A horse
that leaves the course shall turn back and run the course from the point at
which the horse left the course.
(109) A jockey who
willfully strikes another jockey or horse with his or her whip riding
crop or who grabs the clothing, equipment, or person of another jockey or
horse may be subject to disciplinary action fined, suspended, or
ruled off and his or her mount may be disqualified.
(11) Whips are to be used
uniformly and the stewards shall take cognizance of unusual use or nonuse of a
whip by a jockey.
R 431.3300 Riding crops
Rule 3300. (1) All riding crops are subject to inspection and approval by the stewards and the clerk of scales. Riding crops must meet all of the following requirements:
(a) Riding crops shall have a shaft and a flap and shall be allowed in flat racing, including training, only if all of the following specifications are met:
(i) Maximum weight of eight ounces.
(ii) Maximum length, including flap, of 30 inches.
(iii) Minimum diameter of the shaft of 3/8 inch.
(iv) Smooth shaft contact area with no protrusions or raised surface, and covered by shock absorbing material that gives a compression factor of at least 1 millimeter throughout its circumference.
(b) The flap is the only allowable attachment to the shaft and must meet all of the following specifications:
(i) Length beyond the end of the shaft a maximum of 1 inch.
(ii) Width a minimum of 0.8 inch and a maximum of 1.6 inches.
(iii) No reinforcements or additions beyond the end of the shaft.
(iv) No binding within 7 inches of the end of the shaft.
(v) Shock absorbing characteristics similar to those of the contact area of the shaft.
(2) Use of riding crop is subject to all of the following requirements:
(a) Although the use of a riding crop is not required, any jockey who uses a riding crop during a race shall do so only in a manner consistent with exerting his or her best efforts to win.
(b) In all races where a jockey will ride without a riding crop, an announcement of such fact shall be made over the public address system.
(c) No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the stewards, shall be possessed by anyone, or applied by anyone to the horse at any time on the grounds of the association during the race meeting, whether in a race or otherwise.
(d) Riding crops shall not be used on two-year-old horses before April 1 of each year.
(e) The riding crop shall only be used for safety, correction, and encouragement.
(f) All riders should comply with the following when using a riding crop:
(i) Showing the horse the riding crop and giving it time to respond before hitting it.
(ii) Having used the riding crop, giving the horse a chance to respond before using it again.
(iii) Using the riding crop in rhythm with the horse’s stride.
(g) Prohibited uses of the riding crop include, but are not limited to, striking a horse in any of the following manners:
(i) On the head, flanks, or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse.
(ii) During the post parade or after the finish of the race except when necessary to control the horse.
(iii) Excessively or brutally causing welts or breaks in the skin.
(iv) When the horse is clearly out of the race or has obtained its maximum placing.
(v) Persistently even though the horse is showing no response under the riding crop.
(h) The riding crop may not be used to strike another rider or other horse.
(3) After the race, horses are subject to inspection by the official veterinarian looking for cuts, welts, or bruises in the skin. Any adverse findings shall be reported to the stewards.
(4) The giving of instructions by any licensee that if obeyed would lead to a violation of this rule may result in disciplinary action also being taken against the licensee who gave such instructions.
R 431.3301 Jockey’s best effort to win and;
diligence in riding.
Rule 3301. (1) A jockey shall give his or her best
effort to win in all races in which he or she participates put forth every
reasonable effort and shall exercise due diligence in riding a race. If, in
the opinion of the stewards, a jockey does not put forth his or her best every
reasonable effort to win or does not use due diligence in the riding
of a race, the jockey shall be subject to disciplinary action. Any
disciplinary action imposed on a jockey shall be met by the disciplined jockey.
(2) Every horse in every race
shall be ridden so as to win or finish as near as possible to first and
demonstrate the best and fastest performance of which it is capable at the
time. A horse shall not be eased up without adequate cause, even if it has no
apparent chance to earn a portion of the purse money. A jockey who
unnecessarily causes a horse to shorten stride may be subject to
disciplinary action penalized at the discretion of the stewards. Stewards
shall take cognizance of marked reversal of form of all horses and shall conduct
inquiries of the licensed owner, licensed trainer, and all other persons
connected with such horse suspected of unusual racing. If the stewards find
that such horse was deliberately restrained or impeded in any way by any means
so as not to win or finish as near as possible to first, any person found to
have contributed to such circumstances may be subject to disciplinary action
penalized at the discretion of the stewards.
R 431.3305 Scheduling of races for Michigan-bred horses.
Rule 3305. (1) At least 1 race for Michigan-bred horses shall be scheduled on each full thoroughbred program.
(2) Entries may be accepted from non-Michigan-bred horses into the race for Michigan-bred horses creating a pool of entries for a Michigan-bred preferred race.
(3) If an approved Michigan-bred horse race does not fill by a time agreed upon by the racing secretary and designated CHO representative, then the Michigan-bred preferred race may be substituted by the racing secretary with the approval of the designated CHO representative.
(4) Michigan-bred supplements may be awarded in Michigan-bred preferred races to those Michigan-bred horses finishing first, second, or third with the approval of the director of the Michigan department of agriculture and rural development or his or her designated representative.
R 431.3310 Mixed thoroughbred breed horse and quarterhorse
quarter horse breed horse races.
Rule 3310. Upon proper application, the racing commissionerstewards
may approve races under the thoroughbred rules in which both thoroughbred and
quarterhorsesquarter horses compete in the same race. Charted
wins are valid records.
PART 4. HARNESSSTANDARDBRED
RACING
R 431.4001 Definitions; AC to E.
Rule 4001. As used in this part:
(a) “Added money early closing
event” means an event closing in the same year in which it is to be contested
in which all entrance and declaration fees received are added to the purse.
(b) “Age” means the number of
years since a horse was foaled. Age is determined as if such horse were foaled
on January 1 of the year in which the horse was foaled except that horses
foaled in the months of November and December between November 1, 1970, and
December 31, 1980, shall be reckoned from January 1 of the succeeding year.
(c) “Claiming race” means a
race in which a horse may be claimed pursuant to the rules of the racing
commissioner.
(da) “Classified
race” means a race in which, regardless of the eligibility of horses, entries
are selected on the basis of ability or performance.
(eb) “Conditioned
race” means an overnight raceevent to which eligibility is
determined according to specified qualifications. Such qualifications may be
based upon the following:
(i) Money winnings in a specified number of previous races or during a specified period of time.
(ii) Finishing position in a specified number of previous races or during a specified period of time.
(iii) Age, sex, or number of starts during a specified period of time.
(iv) Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada.
(v) Any combination of the qualifications listed in this subdivision.
(fc) “Current charted
line” means written documentation of a horse's performance recorded on the
horse's electronic eligibility certificate by a licensed charter
or licensed clerk of the course, within 45 days of the date of the race for
which the horse is entered. A current charted line shall include all of the
following information and the symbols for free-legged, breaks, and park outs
shall be used where appropriate:
(i) Date of race.
(ii) Location.
(iii) TrackRace
course size, if other than 1/2 mile.
(iv) TrackRace
course condition.
(v) Type of race.
(vi) Distance of race.
(vii) Fractional times of the leading horse, including race time.
(viii) Post position.
(ix) Position at first quarter.
(x) Position at half.
(xi) Position at three-quarters.
(xii) Position at head of stretch with lengths behind leader.
(xiii) Position at finish with lengths behind leader.
(xiv) Individual race time of horse.
(xv) Closing dollar odds.
(xvi) Name of driver.
(xvii) Dead heats.
The symbols for free-legged,
breaks, and park outs shall be used where appropriate.
(gd)
“Dash” means a race decided in a single trial. Dashes may be given in a series
of 2 or 3 governed by 1 entry fee for the series, in which event a horse shall
start in all dashes. Positions may be drawn for each dash.
(he)
“Declaration” means the naming of a particular horse to a particular race as a
starter. Declarations shall be taken not more than 4 days in advance for all
races, except those for which qualifying dashes are provided.
(if)
“Early closing race” means a race for a definite purse to which entries close
not less than 6 weeks preceding the race. The entrance fee may be on the
installment plan or otherwise and all payments are forfeits. Payments on
2-year-olds in early closing eventsraces are not permissible before
February fifteenth of the year in which the horse is a 2-year-old.
(jg)
“Elimination heats” means heats of a race split according to these rules which
qualify the contestants for a final heat.
(k) “Entry”
means either of the following:
(i) A horse
entered in a race.
(ii) Two or
more horses which are entered in a race and which are coupled as a mutuel entry
or joined in the mutuel field pursuant to the rules of the racing commissioner.
(l) “Extended
pari-mutuel meeting” means a meeting at which no agricultural fair is in
progress with an annual total of more than 10 days' duration with pari-mutuel
wagering.
(h) “Exercise driver” means a person licensed as such, hired to warm up a horse participating on a given day.
R 431.4005 Definitions; FH to M.
Rule 4005. As used in this part:
(a) “Futurity” means a stake in
which the dam of the competing horse is nominated either when in foal or during
the year of foaling.
(b) “Green horse” means a horse
that has never trotted or paced in a race or against time.
(c) “Guaranteed stake” means a
stake race with a guarantee by the party opening it that the sum shall not be
less than the amount named.
(da) “Handicap”
means a race in which performance, sex, or distance allowance is made and in
which post positions may be assigned or, in the case of a handicap claiming
race, determined by claiming price.
(eb) “Heat” means a
single trial in a race 2 in 3 or 3-heat plan.
(fc) “Horse” means a
standardbred horse registered as such with the United States tTrotting
aAssociation (USTA), and is a term used in these rules to
designate any standardbred irrespective of age or sex designation.
(g) “In harness” means a race
in which performances shall be to a sulky.
(d) “Kick” means any contact between the driver’s foot and the horse.
(he) “Late closing
race” means a race for a fixed amount to which entries close less than 6 weeks,
but more than 3 days, before the race is to be heldcontested.
(if) “Maiden” means
a horse that has never won a heat or race at the gait at which it is entered to
start and for which a purse is offered. Races or purse money awarded to a horse
after the “official” sign has been posted shall not be considered winning
performances or affect a horse's status as a maiden.
(j) “Match race” means a race
which has been arranged and the conditions thereof agreed upon between the
contestants.
(k) “Matinee race” means a race
where an entrance fee may be charged and where the premiums, if any, are other
than money.
R 431.4010 Definitions; NR to S.
Rule 4010. As used in this part:
(a) “Nomination” means
the naming of a horse or, in the event of a futurity, the naming of a foal in
utero to a certain race or series of races, eligibility of which is conditioned
on the payment of a fee at the time of naming and the payment of subsequent
sustaining fees or starting fees.
(b) “Overnight event”
means a race for which declarations close not more than 4 days nor less than 1
day before such race is to be contested. In the absence of conditions or notice
to the contrary, all entries in overnight events shall close not later than 12
noon the day preceding the race.
(ca) “Record” means
the fastest time made by a horse in a heat or dash which the horse won or is a
performance against time. A standard record is a record of 2:20 or faster for
2-year-olds and 2:15 or faster for all other ages.
(d) “Stake” means a race which
will be contested in a year subsequent to its closing and in which the money
given by the track conducting the race is added to the money contributed by the
nominators, all of which, except for deductions for the cost of promotion and breeders'
or nominators' awards, belongs to the winner or winners. Except as provided in R
431.4160, all of the money contributed in nominating, sustaining, and starting
payments shall be paid to the winner or winners.
(eb) “Sulky” means a
dual-shaft, dual-wheel racing vehicle. The use of any sulky in competition at
any harness race track shall be subject to the approval of the stewards.
R 431.4015 RaceRacing officials.
Rule 4015. (1) The following positions at a race meeting are designated as officials:
(a) StewardsThree
stewards, who may also place a horse.
(b) Three
placing judges, if the stewards do not place the horses.
(cb)
One or more pPatrol judges.
(dc)
A pPaddock judge.
(ed)
AOfficial starter.
(fe)
A cClerk of course.
(gf)
A tTimer/photo finish operator.
(hg)
A hHorse identifier.
(ih)
A race Racing secretary, and such assistants as he or she may
require.
(ji)
AOfficial veterinarian. representing the racing
commissioner.
(k) A
veterinarian representing the association.
(2) In case of an emergency, the
association may provideappoint a substitute steward, with
the approval of the executive directorstewards, to act as the
stewardits official for the remainder of any program.
(3) A person, other than the
stewards, shall not be allowed in the stewards' and placing judges' stands
during the running of a race, except with permission of the stewards.
(4) A person, other than the stewards, shall not be in the stewards' stand when a decision is being made on a foul claim or stewards’ inquiry.
(5) A person, other than those
persons employed in the developing or projection of the visual recording of a race,
shall not be in the projection room while the stewards are viewing pictures to decide
a foul claim or inquiry.
(65) Racing
officials serving in the capacity of steward, placing patrol judges,
patrol judges, clerk of course, official starter, and horse identifier
shallmay be required to take and satisfactorily pass an optical
examination at the request of the executive director within 1 year before
the race meeting at which they serve. The examination shall evidence a
minimum corrected vision of 20/30 vision and an ability to
distinguish colors correctly.
(76) All racing
officials, with the exception of those representing the racing commissionerexecutive
director, shall be nominated appointed by the
association. All of the racing officials are subject to the approval of the
racing commissioner executive director. The racing
commissionerexecutive director reserves the right to demand a change
of racing officials personnel for what he or she considers
good and sufficient reason. The successors of a racing to officials
official so replaced shall also be subject to the approval of the
racing commissionerexecutive director.
(7) A racing official shall not be the owner or part owner of a horse racing at a track where the official is serving.
R 431.4020 Stewards; specific duties
and responsibilities.
Rule 4020. (1) In addition to the general powers specified
in these rules outlined in R 431.1315, the stewards shall have the following
specific duties and responsibilities:
(a) Exclude from the race any horse that, in their opinion, is improperly equipped, dangerous, or unfit to race.
(b) Investigate
any act of cruelty seen by them or reported to them, whether a horse subjected
to the alleged cruelty is stabled on or off theassociation
grounds.
(c) Immediately
thereafter or on the day of the race, conductopen an
investigation of any accidents to determine the cause thereof.
(d) Closely observe the performance of the drivers and the horses to ascertain if there are any violations of racing rules, particularly interference, helping, or inconsistent racing, and exhaust all means possible to safeguard the contestants and the public.
(e) Notify a summoned party of a hearing as soon as possible.
(f) Be in the
stand 15 minutes before the first race and at all times when the horses are
upon the track.
(g) Observe the preliminary warming up of horses and scoring, noting all of the following:
(i) Behavior of horses.
(ii) Lameness.
(iii) Equipment.
(iv) Conduct of the drivers.
(v) Changes in odds.
(vi) Any unusual incidents pertaining to horses or drivers participating in races.
(h) Designate 1 steward to lock the pari-mutuel machines immediately upon the horses reaching the official starting point.
(i) Be in communication with the patrol judges, by use of patrol phones or radio, from the time the official starter picks up the horses until the finish of the race. A recording may be made and preserved of all communications between the patrol judges and the stewards' stand.
(j) Cause the “objection”
sign or “inquiry” sign to be posted in the case of an objection or possible
rule violation, and immediately notify the announcer of the objection and the
horse or horses involved. In addition, the stewards shall cause the “inquiry”
sign to be posted when there has been an accident during the race. As soon
as the stewards have made a decision, the posted sign shall be removed, the
correct placing displayed, and the “official” sign flashed, the
announcer provided with an explanation of the decision for announcement, and a
video displayed on racetrack monitors. In addition, the stewards shall
cause the “inquiry” sign to be posted when there has been an accident during
the course of the race.
(k) Display the “photo” sign if the order of finish among the contending horses is less than 1/2 length or a contending horse is on a break at the finish. After the photo has been examined and a decision made, true copies shall be made and posted or projected for public inspection.
(l) May review
the video recordings films or tapes of the races conducted
the previous race day and, in instances of a possible rule infraction or
for instructional purposes, show and explain such films to drivers on a daily basis
at a time designated by the stewards.
(m) Maintain a daily stewards’ report in the manner and form prescribed by the executive director and report all actions of the stewards that arise during a race day.
(2) In the performance of their duties, the stewards shall have unrestricted access to all areas and grounds of an association.
(3) A complaint against a racing
official may be made to the stewards or to the racing commissionerexecutive
director. Complaints made directly to the stewards shall be reported to the
racing commissionerexecutive director, in writing, together with any
action which has been taken by the stewards.
R 431.4025 Reversals of form.
Rule 4025. (1) The stewards shall take cognizance of any
marked reversal of form of all horsesany horse, particularly when associated
with unusual betting patterns, and shall, in their discretion, conduct inquiries.
During inquiries, the stewards may take into consideration the betting actionpattern
on the horse in question shall review the and films of the horse's
previous races, and shall consider all other facts that they, in their
discretion, deemconsider relevant toward making a
determination as to whether or not the horse being evaluated was
deliberately restrained in any way by any means in previous races so as not to
win or finish as near as possible to first. If after such review, the
stewards make a determination that there is a reasonable probability that the horse
in question was deliberately restrained in any way by any means in previous
races so as not to win or finish as near as possible to first, the stewards may,
in their discretion, take disciplinary action against a person found to
have contributed to the restraining of the horse fine any person found
by a reasonable probability to have contributed to the restraining of the horse
in previous races or may suspend or revoke that person's license.
(2) If a finding is made by the
stewards find that a horse has been deliberately restrained in any way
by any means in previous races so as not to win or finish as near as possible
to first, these findings may be forwarded by the racing commissionerexecutive
director to the appropriate local, state, or federal law enforcement
authorities.
R 431.4030 Patrol judges; duties.
Rule 4030. (1) A patrol judge shall take a position designated
by the stewards. He or she shall report all fouls and improper conduct
immediately by phone or radio. The result of a heat or dash shall not be
announced until sufficient time has elapsed to receive the reports of the
patrols judges. Where there is a patrol car, only 1 patrol judge shall
beis required.
(2) AThe stewards may
require a patrol judge shall to submit to the stewards a
daily written report of his or her observations.
(3) In the absence of a patrol judge, the official starter shall assume the patrol judge duties.
R 431.4035 Official Sstarter; duties.
Rule 4035. The official starter shall be in the starting gate 15 minutes before the first race. He or she shall have control over horses and shall have authority to recommend penalties to the stewards for any violation of the rules from the formation of the parade until the word “go” is given.
R 431.4040 Clerk of course; duties.
Rule 4040. The clerk of the course has the following duties:
(a) At request of the stewards, assist in drawing positions.
(b) Keep the stewards' book and
record thereinRecord in the stewards’ book all of the following
information:
(i) All horses
entered and their electronic eligibility certificate numbers.
(ii) Names of
owners and drivers and drivers' United States tTrotting aAssociation
license numbers.
(iii) The charted lines.
(iv) The money won by horses at that track.
(v) Drawn or ruled out horses.
(vi) Each horse's time in minutes, seconds, and fifths of seconds.
(c) Check electronic eligibility
certificates before and after the race, and enter all information
provided for thereon, including the horse's position in the race.
(d) Verify the correctness of the stewards' book, including race time, placing and money winnings, and reasons for disqualifications, if any, and see that the book is properly signed.
(e) Notify owners and drivers
of penalties assessed by the officials not later than 36 hours after
imposition.
R 431.4045 Timer/photo finish operator; duties.
Rule 4045. (1) The timer/photo finish operator shall verify the correctness of the electric timing device. All times shall be announced and recorded in fifths of seconds.
(2) The timer/photo finish operator shall be in the
stand 15 minutes before the first heat or dash is to be heldcontested.
The timer/photo finish operator
shall start his or her watch when the first horse leaves the point from which the
distance of the race is measured. The time of the leading horse at the quarter,
half, three-quarters, and finish shall be taken. If odd distances are raced, the
fractions shall be noted accordingly.
(3) The timer/photo finish operator shall record images of all horses as they cross the finish line and provide those images to the stewards.
R 431.4050 Paddock judge; duties.
Rule 4050. The paddock judge shall have general
supervision over the paddock and be responsible for all of the followingUnder
the direction and supervision of the judges, the paddock judge shall have complete
charge of all paddock activities. The paddock judge has the following duties:
(a) Getting the fields on the race
course track for post parades in accordance withpursuant
to the schedule given to him or her by the stewardsjudges.
(b) Inspection of horses for changes in equipment, broken or faulty equipment, or saddle pads.
(c) Supervision of paddock gate attendants.
(d) Supervising the proper check in and check out of horses and drivers at the times designated and reporting any infractions to the stewards.
(e) Insuring Ensuring that
the horse identifier checks the identification of all horses coming into the
paddock, including the tattoo number, unique microchip, color, and
markings.
(f) Direction of the activities of the paddock blacksmith.
(g) Notifying the stewards of anything that could in any way change, delay, or otherwise affect the racing program.
(h) Insuring Ensuring that
only properly authorized persons are permitted in the paddock.
(i) Insuring Ensuring that,
except for warm-up trips, no horse leaves the paddock until called to post.
(j) Informing drivers when breathalyzer tests are being conducted.
R 431.4055 Racing secretary; duties.
Rule 4055. (1) Duties of the racing secretary include, but are not limited to, all of the following:
(a) Receive and safely keep the
eligibility certificates of all horses competing at the race track or stabled
on association grounds, and return them to the owners of horses or their
representatives upon their departure from the grounds.
(ba)
Be familiar with the age, class, and competitive ability of all horses racing
at the track.
(cb)
Where the rules require, classify and reclassify horses in accordance withpursuant
to the rules.
(d) List
horses in the classes for which they qualify and cause such lists to be kept
current and to be properly displayed in the room in which the declaration box
is located for examination by horsemen and others.
(ec)
Write conditions and schedule the daily racing programs to be presented at the
track.
(fd)
Provide for the listing of horses in the daily program and examine all entry
blanks and declarations to verify all information set forth therein and select
the horses to start and the also-eligible horses from the declarations in
accordance withpursuant to the rules governing these functions.
(ge)
Examine nominations and declarations in early closing and stake eventsraces
to verify the eligibility of all declarations and nominations and to compile
lists thereof for publication.
(2) The racing secretary may
reject the declaration on any horse whose eligibility certificate was not in
the racing secretary's possession on the date the condition list was published.
(23) The racing
secretary may reject the declaration on any horse whose past performance
indicates that the horse would be below the competitive level of other horses
declared.
(34) A 2-year-old
shall not be permitted to start in a dash or heat exceeding 1 mile in distance,
and a 2-year-old shall not be permitted to race in more than 2 heats or dashes
in any single day.
(45) Races or dashes
shall be given at a stated distance in units not shorter than 1/16one-sixteenth
of a mile. The length of a race and the number of heats shall be stated in the conditions.
If the distance or number of heats is not specified, all races shall be a
single mile dash.
R 431.4060 Official Vveterinarians;
duties; recordkeeping.
Rule 4060. (1) The racing commissioner's veterinarian
shall have supervision over the taking of urine, blood, or other samples from the
horses as may be directed by the stewards, and shall be responsible for the
proper storing and delivery thereof to the designated laboratory and for the
maintenance of required records.
(21) The racing commissioner's
official veterinarian or the association's veterinarian shall
examine and reexamine horses as the stewards may
request him or her to examine. The official veterinarian is responsible for
and approvinge for release from the veterinarian’s
stewards' list all horses that have been placed on the listthereon
for being because of lameness, sickness, or injuryed
before they may be entered to race again.
(32) An official veterinarian
who is employed by the racing commissioner or by an association
shall not, during the period of his or her employment, for compensation or
otherwise, treat or prescribe for a racing standardbred horse, except in
case of emergency. In an emergency, a full and complete treatment report
shall be made to the stewards. An owner or trainer shall not employ or pay
compensation to an official veterinarian who is employed by the racing
commissioner or an association, either directly or indirectly, during the
period for which the he or she veterinarian is employed by
the executive directorracing commissioner or an association.
(4) A veterinarian who
is licensed to practice on the grounds of a race meeting licensee shall maintain veterinary records, in
duplicate, on forms prescribed by the commissioner, which accurately record all
services rendered, and medication prescribed and which include the name of the horse
treated, date of the treatment, and the name of the trainer. Such records shall
be made available to the stewards or their representatives on demand.
(5) A veterinarian shall
report to the racing commissioner's veterinarian or to the stewards any internal
medication given by the veterinarian or given at his or her direction to a
horse known to him or her to be entered in a race. The trainer shall also make such
report to the racing commissioner's veterinarian or to the stewards. If a drug is
administered internally before scratch time to a horse which is entered to
race, it shall be reported by the trainer or the veterinarian to the stewards
or their representatives before scratch time. If administration of a drug is
made after scratch time, it shall be reported to the stewards or their
representatives immediately.
(63) The racing commissioner'sofficial
veterinarian or the association veterinarian shall observe the training
and warming up of horses on the grounds, shall examine any horse that appears
ill or injured, and shall report such information to the judgesstewards.
(74) The racing commissioner'sofficial
veterinarian or the association veterinarian shall observe the horses in
the paddock and warming up for the racing program, observe the race, and
observe the horses pulling up after the race. They shall investigate and
examine such horses that appear to be ill or injured, and shall report such
information to the stewards.
(85) The racing commissioner'sofficial
veterinarian shall examine, where possible, and where not possible to
personally examine, shall confirm, the condition of horses intended to be
scratched from a race so that such horses will be certified as unfit to race. A
horse having been certified as unfit and scratched from a race shall not be entered
again until certified as fit by the racing commissioner'sofficial
veterinarian.
R 431.4070 Program information.
Rule 4070. (1) A printed program shall furnish all of the following information:
(a) Horse's name and sex.
(b) Color and age.
(c) Sire and dam.
(d) Owner's name.
(e) Driver's name and colors.
(f) In claiming races, the price for which the horse is entered to be claimed, with allowances for age and sex.
(g) Not less than the last 5 performances and accurate chart lines. An accurate chart line shall include all of the following information:
(i) Date of the race and place.
(ii) Size of the
track race course if other than a half-mile track race
course.
(iii) Symbol for free-legged paces.
(iv) Symbol for trotting hobbles.
(iv) Track
Race course condition plus allowances.
(vi) Type of race.
(vii) Distance.
(viii) The fractional times of the leading horse, including race time.
(viiix)
Post position.
(ix)
Position at one quarter; one-half; three quarters; the stretch, with lengths
behind the leader; and at the finish, with lengths behind the leader.
(xi) Individual time of the horse.
(xii) Closing dollar odds.
(xiii) Name of the driver.
(xiiiv)
Names of the horses placed first, second, and third by the stewards. The
standard symbols for breaks and park-outs shall be used, where applicable.
(h) Identification of drivers racing with a provisional license.
(i)
Identification of pacers that are racing without hobbpples.
(j) Identification of trotters racing with trotting hobbles.
(jk)
A summary of the starts in purse races, earnings, and the best win time for the
current and preceding year. A horse's best win time may be earned in either a
purse or non-purse race.
(kl)
The name of the trainer.
(lm)
The consolidated line, which shall carry all of the following information if
the race is not at 1 mile:
(i) Date, place, and time of the race.
(ii) Driver finish.
(iii) The track
race course condition and distance.
(n) A stable name with the name of at least 1 owner. If the stable represents more than 1 owner, the joint ownership shall be indicated by the use of the name of 1 owner and the words “et al.”
(2) Owners, drivers, or others found guilty of providing inaccurate information on a horse's performance or attempting to have misleading information given in a program shall be subject to disciplinary action.
R 431.4075 Charting of races.
Rule 4075. The charting of races shall be done by a United States Trotting Association certified person who shall be responsible for providing a complete and accurate chart.
R 431.4080 Paddock rules.
Rule 4080. (1) Horses shall be in the paddock at the time prescribed by these rules or by the stewards, but, in any event, at least 1 hour before post time of the race in which the horse is to compete. Except for warm-up trips, a horse shall not leave the paddock until called to the post.
(2) All of the following persons are entitled to admission to the paddock:
(a) Licensed
oOwners of horses competing on the date of the race.
(b) Not more than 2 members of a registered stable, other than the driver, on any 1 racing day.
(c) Licensed
tTrainers of horses competing on the date of the race.
(d) Licensed
dDrivers of horses competing on the date of the race.
(e) Licensed
gGrooms and caretakers of horses competing on the date of the race.
(f) Officials whose duties require their presence in the paddock.
(g) A licensed horsemen's representative.
(h) Exercise drivers.
(3) A driver, exercise driver,
trainer, or groom, or caretaker, once admitted to the paddock,
shall not leave the paddock, other than to warm up a horse, without approval
from the paddock judge or stewards, until the race or races for which the
driver, exercise driver, trainer, or groom, or caretaker was
admitted are contestedcompleted.
(4) Except for an owner, who
has another horse racing in a later race, aA licensee shall
not return to the paddock after horses in their stable have completed racing
until all races of that program have been completed.
(5) Drivers shall report to the paddock judge 1 hour before post time for the driver's first race.
R 431.4085 Horse identification.
Rule 4085. (1) A horse shall not start in abe
permitted to race unless it is fully identified. The burden of establishing
the identity of a horse’s identity rests with the owner or
trainer and must be verified by a racing officialperson or persons
having charge of the horse at the meeting, and, in connection therewith, any
person found guilty of fraud, attempting fraud, aiding in any way in the
perpetration of a fraud, or participating in any attempt at fraud shall be
ruled off.
(2) A horse shall not be
permitted to race at a licensed harness meeting unless the horse has been
properly identified. The responsibility for identification of each horse that
starts will rest with the horse identifier under the supervision of the paddock
judge. When such A racing official will rely on the following characteristics
to verify a horse’s identity: are available and known,
identification shall be established by
(a) Lip or
freeze tattoo numbers. ,
(b) Unique
microchip. , p
(c) Photographs
of night eyes., c
(d) Color.,
m
(e) Markings.,
s
(f) Size.
, g
(g) Gait.,
or
(h) Any
combination of such the factors listed in this subrule. If
submitted, an electronic eligibility certificate issued by the
United States tTrotting aAssociation may be
considered as an aid to proper identification.
(3) A horse that has not been
tattooed or microchipped shall not start in a race. unless the
permission of the stewards is obtained and arrangements are made to have the
horse tattooed. Any person licensee refusing to allow a horse
to be tattooed or microchipped by a United States Ttrotting
Aassociation representative may be subject to disciplinary
action.
(4) A racing official or the
owner, trainer, or driver of any horse declared in to race wherein the question
arises may call for information concerning the identity and eligibility of any
horse on the grounds, and may demand an opportunity to examine such horse or the
horse's eligibility certificate for the purpose of establishing the horse's identity
or eligibility. If the owner or party controlling such horse refuses to provide
such information or to allow such examination, or fails to give satisfactory
identification, the horse and the owner or party may be subject to disciplinary
action. A person demanding the identification of a horse without cause or
merely with the intent to cause embarrassment is subject to disciplinary
action.
R 431.4090 Horse eligibility certification.
Rule 4090. (1) A horse shall not be permitted to start
any race unless a current electronic eligibilityUnited States
trotting association validation or Canadian trotting association eligibility
certificate at the proper gait is obtained. A person making the
declaration of a horse to a race shall present the eligibility certificate at
the time of declaration or the declaration may be refused. However, telegraphic
or telephonic declarations may be accepted if the person making the declaration
furnishes adequate program information, but the eligibility certificate shall
be presented before the horse races.
(2) The stewards judges
may permit a horse to start without a current electronic eligibility
certificate being presented recorded if they are satisfied
that allboth of the following requirements have been met:
(a) The issuance
of the electronic eligibility certificate for the horse is
verified.
(b) The
eligibility of the horse to the eventrace is established.
(c) Satisfactory
arrangements are made to have the performance information for the horse recorded
on the eligibility certificate following the start and before any subsequent
start. The race secretary shall check each eligibility certificate and certify to
the judges the eligibility of all the horses.
(3) Applications for United States
tTrotting aAssociation electronic eligibility
certificates shall state name and address of the owner and the sex, age,
and breeding of the horse and shall be accompanied by such other information,
membership application, and fees as required by the United States Trotting
AssociationAn application for the replacement certificate shall be
accompanied by a signed statement from the owner or trainer certifying that the
original certificate is lost or destroyed and listing the starts, including all
fair races, qualifying races, and matinee races made by the horse during the
current year.
(4) Before declarations, an
owner of a horse which has a Canadian eligibility certificate shall furnish the
racing secretary with a Canadian eligibility certificate completely filled out
for the current year, which has a certificate or validation attached thereto. Residents
of Canada under Canadian trotting association jurisdiction who hold eligibility
certificates and who are members of the United States trotting association may
obtain a validation certificate by filing an application with the United States
trotting association. Residents of the United States and the Maritime Provinces
who hold Canadian eligibility certificates for the current year shall have the
horse registered in current ownership in the United States trotting association
register before a validation certificate can be obtained by filing an application
with the United States trotting association. This validation certificate may then
be attached to the Canadian eligibility certificate and used at tracks in
membership with the United States trotting association. However, if the
Canadian eligibility certificate is not for the current year, a completed
United States trotting association eligibility certificate application shall be
submitted with the Canadian eligibility certificate.
(5) A validation certificate
shall not be issued in the name of a lessee by the United States trotting
association unless a copy of the lease is on file with either the United States
trotting association or Canadian trotting association.
(6) When a horse is sold
or leased after an eligibility certificate is issued for the current year, the
seller, or his or her agent who is duly authorized in writing, shall deliver the
eligibility and current registration certificates of the horse to the stewards.
If the horse is to be leased, an original executed copy of the lease shall
be delivered with the certificate. The stewards shall examine such registration
certificate to verify that it is in proper order and that the current registered
owner is the same as the current holder of the eligibility certificate. If the
endorsements are satisfactory, the stewards shall endorse the eligibility
certificate to the new owner or shall endorse the recording of the lease, or
shall do both, as the case may be. Failure to forward the registration
certificate or an executed copy of the lease within 20 days after purchase or
lease of a horse which is racing will subject the buyer or lessee to
disciplinary action.
(74) Any horse on
lease shall race in the name of the lessee. An electronic eligibility certificate
shall not be issued to a horse under lease unless a copy of the lease is filed
with the United States tTrotting aAssociation. Beginning
with eligibility certificates issued for 1978 and thereafter, the The
names of both the owner and the lessee shall be noted on the electronic eligibility
certificates of leased horses.
(85) If the electronic
eligibility certificateis not endorsed to him or her, the new owner
or lessee shall apply for an electronic eligibility certificate, pay
the regular fee, and send satisfactory information on the starts made by the
horse during the current year, which will include all pari-mutuel races, fair
races, qualifying races, and matinee races.
(96) A person who
enters a chart line on an electronic eligibility certificate when
the race has not been charted by a licensed charter or who in any way tampers
with an electronic eligibility certificate may be subject to disciplinary
action.
(107) Corrections on
electronic eligibility certificates may be made only by a
representative of the United States tTrotting aAssociation
or a licensed racing official, who shall place on the electronic
eligibility certificate his or her initial and the date of
correction.
R 431.4095 Electronic eligibility Eligibility certificates
for foreign horses.
Rule 4095. An electronic eligibility certificate
shall not be recognizedissued on a horse coming from a foreign
country other than Canada unless all of the following information,
certified by the trotting association or governing body of that foreign country
from which the horse comes, is furnished:
(a) The number of starts during the preceding year, together with the number of firsts, seconds, and thirds for each horse, and the total amount of money won during this period.
(b) The number of races in which the horse has started during the current year, together with the number of firsts, seconds, and thirds for each horse, and the money won during this period.
(c) A detailed list of the last 6 starts which provides all of the following information pertaining to each start:
(i) The date.
(ii) Place.
(iii) Track.
(iv) TrackRace
course condition.
(v) Post position or handicap, if it was a handicap race.
(vi) Distance of the race.
(vii) Position at the finish.
(viii) The time of the race.
(ix) The driver's name.
(x) The first 3 horses in the race.
R 431.4100 Horse eligibility restrictions.
Rule 4100. (1) If United States tTrotting aAssociation
registration is properly applied for, a horse may be permitted to race during the
current year with an electronic eligibility certificate marked “registration
applied for.”
(2) A horse under the age of 2 or
over the age of 14 shall not be permitted to race at a race meeting track
licensed by the racing commissionerexecutive director.
(3) The stewards may authorize
the use of an eligibility certificate from the previous year during the month
of January.
(43) A person licensee
withholding a registration certificate or eligibility certificate from
the owner or lessee of a horse, after proper demand notification by
the stewards has been made for the return thereof, may be suspended until such
time as the certificate is returned.
R 431.4105 Racing eligibility; conflicting published conditions;
standards to determine horse qualification in overnight racesevents;
condition books at extended pari-mutuel meetings.
Rule 4105. (1) For purposes of eligibility, a race season
or a racing year shall be the calendar year. In recording winnings, gross winnings
willmust be used and odd cents willmust be dropped
and disregarded.
(2) Time records or bars shall not be used as an element of eligibility.
(3) Horses shall be eligible when entries close.
(4) If there are conflicting published conditions and neither is withdrawn by the track, the published conditions more favorable to the nominator shall govern.
(5) The raceracing secretary
shall prescribe standards to determine whether a horse is qualified to race in
overnight racesevents at a race meeting. Where time
standards are established at a race meeting for both trotters and pacers,
trotters shall be given a minimum of a 2-second allowance in relation to
pacers.
(6) At extended pari-mutuel
meetings, condition books and sheets shall be prepared, and races may be
divided or substituted races may be used only where regularly scheduled races
fail to fill, except where there is racing less than 5 days a week.
Condition sheets or books containing not less than 1 week6 days
of a racing program shall be available to horsemen not less than 24 hours
before closing on any race program contained therein. The raceracing secretary
shall forward copies of each condition book and overnight sheet to the United
States tTrotting aAssociation as soon as they are
available to the horsemen.
(7) Any race conducted under a race meeting license where pari-mutuel wagering is offered shall be considered extended pari-mutuel for the purpose of eligibility.
R 431.4110 Types of races.
Rule 4110. (1) In presenting a program of racing, the racing secretary shall use exclusively the following types of races:
(a) Stakes and futurities.
(b) Early closing and late closing
eventsraces.
(c) Conditioned races.
(d) Claiming races.
(e) Preferred
races limited to the fastest horses at the race meeting. These may be free-for-all
races, junior free-for-all races, open races, preferred races, or
invitationals. Horses to be used in thesuch races shall be posted
in the racing secretary's racing office. Horses so posted shall not
be eligible for conditioned overnight races unless the conditions specifically
include horses on the preferred list.
(2) A 2-year-old
or 3-year-old horse is not eligible to be placed on the preferred or
invitational list to race against older horses until it has won 7 races, unless
requested by the owner or authorized agent. The owner or authorized agent may
withdraw thesuch request at his or her discretion. Where a race
meeting is in progress in December and continues in January of the
subsequent year, races and earnings won at that race meeting may be computed
in determining whether a horse may be placed on the preferred list.
(3) Classified races
are permitted when authorized by the racing commissionerexecutive
director.
(4) Conditions
shall not be written in such a way that any horse is deprived of an opportunity
to race in the normal preference cycle. Where the word “preferred” is used in a
condition, it shall not supersede the date preference. Not more than 3
also-eligible conditions shall be used in writing the conditions for any
overnight raceevent.
(5) Any dash or any heat shall be considered as a separate race for the purposes of conditioned racing.
(6) Named races are not permitted, except for preferred races for the fastest horses at a race meeting as set forth in subrule (1)(e) of this rule.
(7) Substitute races may be provided for each day's program and shall be so designated. Entries in races not filling shall be posted. A substitute race or a race divided into 2 divisions shall be used only if regularly scheduled races fail to fill.
(8) A fair and
reasonable racing opportunity shall be afforded both trotters and pacers in
reasonable proportion from horses available and qualified to race. Claiming
races may be carded to the proportion of each week's racing program as the
number of claiming authorizations on file with the racing secretary bears to
the total number of horses on the grounds which are qualified and available for
racing.
(9) The term “start,” in any type of condition, unless specifically so stated means only those performances in a purse race.
R 431.4115 Drawings; posting of horses.
Rule 4115. (1) For all overnight racesevents,
starters and also-eligibles shall be drawn by lot from those properly declared in.
When conditions have not been filled, the racing secretary may split races to
fill a card. Where necessary to fill a card, not more than 2 conditioned races per
day may be divided into divisions after preference has been applied. The
divisions may be selected by the racing secretary. For all other overnight
races that are divided, the division shall be by lot unless the conditions
provide for a division based on performance, earnings, or sex.
(2) The names of all conditioned
horses on the grounds whose electronic eligibility papers are recordedon
file with the racing secretary and are ready to race shall be posted
by gait in the racing office declaration room, together with all the
pertinent information concerning suchthe horses which may be
required to determine the eligibility of suchthe horses to
conditioned races offered at the race meetingtrack. There shall
be a separate posting of 2-, 3-, and 4-year-olds.
R 431.4125 Claiming; eligibility.
Rule 4125. (1) In a claiming race, a horse is subject to claim
for its entered price, after allowances, by an individual or racinglegal
entity in good standing who is currently licensed as an owner in this
state. An owner may claim out of his or her initial race.
(2) An individual or racing
interest whichA legal entity that decides to make a claim and that
otherwise is not eligible as set forth in these rules may do so who is
not a current licensed owner may, after filing proper license application, anddo
so by complying with all of the following provisions:
(a) Depositing
an amount not less than the minimum claiming price at the race meeting, plus the
requisite transfer fees, with the horsemen's bookkeeper. TheSuch
amount shall remain on account until a claim is in fact made or permission to
claim has expired. If withdrawal of thesuch amount occurs, any
permit issued pursuant to this rule is automatically revoked and terminated.
(b) Sending to
the stewards the written name of a trainer whose Michigan license is currently
in full force and effect and who will represent the legal entityindividual
or racing interest that desires to make a claim once the claim is made.
(c) Securing
from the stewards a written claiming permit which is in full force and effect at
the time when a claim is made by the legal entity such individual
or interest or a trainer or authorized agent representing the
legal entity such individual or interest.
(3) Before issuing a claiming permit,
the stewards shall determine that an individual qualifies for an
occupational license and permit by the standards of occupational license.satisfy
themselves that an individual is qualified for the permit insofar as financial responsibility,
good character, and general fitness are concerned. A claiming permit shall take
effect upon issue and shall not be issuedvalid for
more than 30 days and shall not be valid until 10 days after issuance.
R 431.4130 Claiming; prohibitions.
Rule 4130. (1) A person shall not claim his or her own horse and shall not claim a horse trained or driven by him or her.
(2) A qualified owner or his or her agent shall not claim a horse for another person.
(3) An owner shall not cause his or her horse to be claimed, directly or indirectly, for his or her own account.
(4) A person shall not offer, or enter into an agreement, to claim or not to claim, or attempt to prevent another person from claiming, any horse in a claiming race.
(5) A person shall not enter a
horse against which there is a mortgage, bill of sale, or lien of any kind, unless
the written consent of the holder thereof is filed with the clerk of the course
and the association conducting thesuch claiming race.
(6) An entry in a claiming race which has been declared for a subsequent race, if claimed, may be withdrawn from the subsequent race without penalty.
(7) A mare known to be in foal shall not be declared into a claiming race.
(8) A person shall not claim more than 1 horse from any 1 race. No authorized agent shall submit more than 1 claim for the same horse in a race, even if the authorized agent represents several owners. When a stable consists of horses owned by more than 1 person and trained by the same trainer, not more than 1 claim may be entered on behalf of the stable in any 1 race.
R 431.4135 Claiming; procedure.
Rule 4135. (1) To claim, anthe owner of
a horse shall have, to his or her credit with the track giving the race, an
amount equivalent to the specified claiming price plus the requisite fees for transfer
of registration.
(2) A declaration into a claiming race shall not be accepted unless written permission of the owner is filed with the racing secretary at the time of declaration.
(3) The basic claiming price for which each horse is entered shall be printed on the program, but all claims shall be for the adjusted price after the prescribed allowances made for sex or age have been added to the basic claiming price.
(4) All claims shall be in writing
on a form approved by the executive director, and presented to the
clerk of the course sealed, and deposited in a locked box in the
stewards' stand not less than 15 minutes before the time originally scheduled
for the race to begin.
(5) An official or other
employee of an association shall not open the box or give any information
on claims filed until after the race except as is necessary for processing
of the claim. Immediately after the race, the claims box shall be opened
and the claim, if any, shall be examined by the stewards.
(6) A claimed horse must be
taken to the detention barn for post-race drug testing and remains under
control of the original trainer until the horse is released from the detention
barn. The claimant shall present written authorization for the claim from the
racing secretary. A horse claimed shall be delivered immediately by the
original owner or his or her trainer to the successful claimant upon authorization
of the stewards. The horse's halter shall accompany the horse. Altering or
removing the horse's shoes will be considered a violation of this rule.
(7) Any person who refuses to deliver a horse legally claimed out of a claiming race shall be suspended together with the horse until delivery is made.
(8) A claim is irrevocable except as allowed under these rules. If more than 1 valid claim is filed for the same horse, title to the horse shall be determined by lot under the supervision of 1 or more of the stewards. Claimants shall be allowed to inspect claim forms apparatus used in the drawing of lot and be present for the draw.
R 431.4140 Claiming; title transfer.
Rule 4140. (1) A horse claimed shall race in all heats or
dashes of the eventrace in the interest and for the account of
the owner who declared it in the eventrace, but title to the claimed
horse shall be vested in the successful claimant from the time when the
word “go” is given in the first heat or dash except as provided in these rules.
The successful claimant shall become the owner of the horse, whether it is
alive or dead, sound or unsound, or injured during the race or after it, if the
final vesting of title to a claimed horse is subject to the conditions and
provisions of subrule (6) of this rule.
(2) The judgesstewards
shall require a person making a claim for a horse to file an affidavit that he
or she is claiming the horse for his or her own account or as authorized agent
and not for any other person. Any person who files a false affidavit shall be subjected
to disciplinary action provided in these rules.
(3) A claimed horse shall not
be sold or transferred, wholly or in part, to anyone within 30 days after the
day it was claimed, except in another claiming raceA horse claimed out
of a claiming race shall not be eligible to start in any race in the name or
interest of the original owner for 30 days, and such horse shall remain in the
same stable or under the care or management of the claiming owner or trainer or
anyone connected therewith, unless reclaimed out of another claiming race.
(4) The successful claimant of
a horse programmed to start may, at his or her option, acquire ownership of a
claimed horse even though such claimed horse was scratched and did not start in
the claiming race from which it was scratched. The successful claimant shall
exercise his or her option by 9 a.m. of the day following the claiming race to
which the horse was programmed and scratched. A horse shall not be claimed from
a claiming race unless the race is contested.
If a horse in a claiming race is scratched by the stewards for any reason, including being declared a non-starter, any claims on that horse are void. However, that horse in its next start, regardless of the condition of the race entered, may be claimed for the same price as the race from which it was scratched. This subrule applies from the date of the scratch or declaration of a non-starter until the last day of the final harness race meeting licensed by the executive director that year. This subrule does not include horses scratched due to entry error or ineligibility, which is verified by the race office in writing. Any horse scratched from a claiming race and taken out of state to race shall upon its return to Michigan be bound by this subrule within the same year.
(5) If the analysis of a post-race blood or urine sample taken from a claimed horse results in a post-race positive test for an ARCI class 1 drug, the claimant’s trainer shall be promptly notified by the stewards and the claimant shall have the option to void the claim within 3 days of the notice by the claimant’s trainer. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant’s trainer. If the claim is voided, the horse shall be returned to the owner of the horse who subjected the horse to claiming in the race from which the positive test resulted.
(56) If a horse is
claimed, a blood sample shallmay be taken by a licensed
veterinarian to be tested for equine infectious anemia. The sample identified
as being from a claimed horse shall be forwarded, within 24 hours,
to an approved laboratory designated by the racing commissioner to be
tested for equine infectious anemia. Pending the receipt of a negative test
for equine infectious anemia, the moniesmoney paid for the
claimed horse shall be held by the association. If the test is positive for equine
infectious anemia, the ownership of the claimed horse shall revert to the owner
from whom the horse was claimed, and the claiming monies shall be returned to
the person or persons who claimed the horse. The cost of the test is to be
borne by the claimant and the test may be waived by the claimant at his or
her discretion by so indicating on the claiming slip.
(67) A claimed horse
is not eligible to race in any state other jurisdiction other than
Michigan for a period of 30 days from the date of claim or until after the
close of the live race meeting at which it was claimed, whichever period
of time is the less.
(8) The stewards shall be the judges of the validity of a claim.
(9) A claim not filled out completely or that does not accurately identify the claim renders the claim void.
(10) Notwithstanding any incorrect designation of sex or age appearing in the racing publication, the claimant of a horse shall be solely responsible for determining the age or sex of the horse claimed.
(11) A person shall not enter a horse in a claiming race without disclosing the horse’s true ownership. When a horse is claimed, the change of ownership of a horse entered in a claiming race by someone who does not have undisputed possession of the horse shall not be considered after closing time for claims of that race.
R 431.4145 Claiming; price; conditions.
Rule 4145. (1) Subject to the conditions of R 431.4140(5),
approval of the stewards and compliance with the association’s release
of funds policy, the track shall association will pay
the claiming price to the owner of the horse that was claimed at the timewhen
the registration certificate or transfer of claim is delivered for
presentation to the successful claimant.
(2) Aside from the claiming price, conditions and allowances in claiming races may be based only on age and sex. When possible, claiming races shall be written to separate horses 5 years old and up from young horses and to separate males from females. If sexes are mixed, mares shall be given a price allowance if there is no price allowance given to a spayed mare racing in a claiming race.
(3) A claiming race shall not
be offered permitting claims for less than the minimum purse offered at that
time during the same racing week.
(43) A horse owner shall not be prohibited from determining the price for which his or her horse shall be entered.
(54) If the stewards
determine that the declaration of any horse to a claiming race is fraudulent on
the part of the declarer, they may void the claim and may, at the option of the
claimant, order the horse returned to the person declaring it in. If the
stewards determine that any claim of a horse is fraudulent on the part of the
person making the claim, they may void the claim and may, at the option of the person
declaring it in, return the horse to the person declaring it in.
(65) The current
registration certificates of all horses entered in claiming races shall be on
file with the racing secretary, together with a separateA claiming
authorization form signed by the registered owner or owners and indicating the
minimum amount for which the horse may be entered to be claimed shall be on
file at the racing office. To facilitate transfer of claimed horses, a steward
may sign the transfer if the steward then sends the registration certificate
and claiming authorization to the registrar for transfer.
R 431.4150 Stakes and futurities.
Rule 4150. (1) An association presenting stakes and futurities
shall, in addition to meeting United States tTrotting aAssociation
notification requirements, set the nominating date and the dates for all sustaining
payments on the fifteenth day of the month. There shall be no payments on
yearlings, except for a nomination payment, which shall be due not later than
August 15. Before taking any sustaining payment during the year the race is to
be heldcontested, the date and place of the race shall be stated.
A stake or futurity sustaining fee on 2-year-olds shall is not become
due before March 15, and for all other ages before February 15, of any year. There
shall be no conditions that call for payments in stakes or futurities to becomefall
due after August 15 and before February 15 of the following year. Not
more than 1 sustaining payment of 2-year-olds in stakes and futurities that do
not have a 2-year-old division will beis permitted. Not
more than 2 sustaining payments on any horse of any age in any calendar year,
with the exception of the starting fee, will shall be approved.
The date for closing of nominations of yearlings to stakes shall be July 15.
(2) An association shall, where
date schedules permit, advertise the week and place the stake or futurity will be
heldraced before taking nominations.
(3) An estimated purse shall not be advertised or published in excess of the actual purse paid or distributed during the previous year, unless increased by guaranteed added money. A stake or futurity shall not be raced for less than 75% of the average estimated purse.
(4) Conditions shall not be
written so as to permit a horse to race in more than 2 heats or dashes in a
single day. This provision shall not apply to stakes and futurities in
existence as of March 8, 1977.
(54) Conditions
shall not be written so as to provide for a filly division of a race with less
added money than the colt division of a race, unless authorized by the
executive director such conditions allow for a filly, properly nominated
and sustained in the filly division, to start in the colt division upon proper
declaration and the payment of the starting fee required for the colt division and
the difference between any lower nominating fees or sustaining fees, or both,
for the filly division and the higher nominating fees or sustaining fees, or
both, for the colt division.
(65) Added money
shall be not less than 30% of the purse. If a stake or futurity is split into
divisions, the added money for each division shall be not less than 20% of all
nomination, sustaining, and starting fees paid into thesuch stake
or futurity.
(76) Failure to make
any payment required by the conditions constitutes an automatic withdrawal from
the eventrace.
(87) If a mare
nominated to a futurity fails to have a live foal, the nominator may substitute
a foal if the conditions so provide.
(98) A deduction,
voluntary or involuntary, shall not be made from any purse or stake or
futurity, except that, if the conditions specifically so provide, reasonable deductions
may be made for clerical, printing, postage, and surety bond expenses specifically
related to thesuch purse, stake, or futurity.
(109) Unless otherwise
specified in the conditions of a stake or futurity, the money division shall be
as follows:
(a) Five or more starters: 50-25-12-8-5%.
(b) Four starters only: 50-25-15-10%.
(c) Three starters only: 60-30-10%.
(d) Two starters only: 65-35%.
R 431.4155 Entries or declarations for stakes and futurities.
Rule 4155. (1) An entry or declaration shall comply with all of the following provisions:
(a) Be made by
any means established by the association, including telephone, electronic, or
on paper in the entry boxin writing.
(b) Be
signed by the owner or his or her authorized agent, except as provided in R
431.4170(8).
(cb)
List all of the following information:
(i) The names of
the bona fide owner or authorized agent, trainer, and the
registered stable name or lessee.
(ii) The name, color, sex, sire, and dam of the horse.
(iii) The eventrace
or eventraces in which the horse is to be entered.
(iv) The identity of the driver.
(d) With
respect to entries in overnight events, comply with the provisions of R
431.4170(1).
(2) A starting fee shall be due
and payable with the declaration to start and shall not be refunded if the
horse fails to start, unless the horse dies between the time of declaration to
start and the start of the race. For purposes of As used in this
rule “starting fee” means the payment required with the declaration to start.
(3) Noncompliance with any of the requirements of subrules (1) and (2) of this rule or the false stating of facts for the purpose of deception subjects a person filing the entry to disciplinary action.
(4) Nominations and sustaining
payments not actually received at the hour of closing shall be ineligible, except
for those sent by letter bearing a postmark not later than the following day, excluding
Sunday, or those sent electronicallyby telegraph where the telegram
is actually received at the sending office at or before the hour of closing
and such telegram statinges the color, sex, name of horse,
the class to be entered, the name and residence of the owner, and the partyperson
making the nomination or sustaining payment. When a nomination or sustaining
payment in a stake, futurity, early closing race, or late closing race becomes
payable on a Sunday or legal holiday that falls on Saturday, thesuch
payment is to be due on the following Monday, and, if made by mail, the
envelope shall be postmarked on or before the following Tuesday. If a payment
falls on a Monday that is a legal holiday, thesuch payment is due
on Tuesday, and, if made by mail, shall be postmarked on or before the
following Wednesday. The provisions of this section shall not be construed as
applying do not apply to declarations to start.
(5) Where an entry is received by
letter bearing the postage meter date without any postmark placed thereon by
the post office department, suchthe postage meter date shall be
considered to be a postmark for the purposes of this rule if the letter is
actually received within 7 days following the closing date of the eventrace.
Receipt subsequent to after this time of an entry by letter
bearing the metered postmark date shallis not bea valid entry
or payment to any eventrace. The meter date shall conform to the
postmarked date as set forth in this subrule in order to be valid.
(6) Entries and payments not
governed by published conditions shall beare void. Any nominator
who is allowed privileges which are not in accordance with the published
conditions of the race or which are in conflict with these rules shall be
barred from winning any portion of the purse, and the nominator and any person
who allowed suchthe privileges shall be deemedconsidered
to have been parties to fraud.
(7) A nominator is required to
guarantee the identity and eligibility of his or her nominations and
declarations, and, if given incorrectly, the nominator may be subject to
disciplinary action and any winnings shall be forfeited and redistributed to
eligible entries. A person obtaining a purse or money through fraud or error
shall surrender the purse or money or, together with the parties implicated in
the incident and the horse or horses, shall be suspended until suchthe
demand is complied with. Such purse or money shall be awarded to the
party justly entitled to it. However, where any horse is ineligible as a result
of the negligence of the racing secretary, the track shall reimburse the owner
for the resultant loss of winnings.
(8) A horse entered in an eventrace
to which it is ineligible may be transferred to any eventrace to
which it is eligible at the same gait.
(9) Every entry shall
constitute an agreement that the person making it; the owner, lessee, manager,
agent, nominator, driver, or other person having control of the horse; and the
horse shall be subject to these rules and shall submit all disputes and questions
arising out of such entry to the stewards.
(109) Associations
presenting early closing and late closing eventsraces shall state
the place and day the eventrace will be racedheld. A
change in date, program, eventraces, or conditions cannot be made
after the nominations have been taken without the written consent of the owners
or trainers of all horses eligible at the time the conditions are changed. All nominations
and payments, other than starting fees, in early closing eventraces
shall be advertised to fall on the fifteenth day of the month. If the eventrace
does not fill, each nominator shall be notified within 10 days and a refund of
the nomination fees shall accompany the notice. If conditions published for
early closing eventrace allow a transfer for change of gait, suchthe
transfer shall be to the slowest class the horse is eligible for at the
adopted gait, eligibility to be determined at the time of closing of entries.
The race to which a transfer may be made shall be the race nearest the date of the
eventrace originally entered. Two-year-olds, 3-year-olds, or
4-year-olds entered in classes for their age may only transfer to classes for
the same age group at the adopted gait to the race nearest the date of the eventrace
originally entered, with entry fees to be adjusted. A complete list of
nominations to any early closing eventrace shall be published
within 45 days after the closing date or after the date of the last sustaining
payment. The list shall be mailed to the owners or authorized agents of
all eligible horses.
(1110) Conditions of
early closing eventsraces or late closing races that will
eliminate horses nominated to an eventrace or add horses
that have not been nominated to an eventrace by reason of
the performance of suchthe horses at an earlier meeting held the
same season are invalid. Early closing eventsraces and late
closing eventsraces shall have not more than 2 also-eligible conditions.
(1211) In early
closing races, late closing races, and overnight races requiring entry fees,
all moniesmoney paid in by the nominators in excess of 85% of the
advertised purse shall be added to the advertised purse, and the total shall
then be considered to be the minimum purse. If the race is split and raced in
divisions, the provisions of R 431.4165(1)431.4160(5) shall
apply.
R 431.4160 Entries and starters required.
Rule 4160. (1) An association shall specify how many entries
are required for overnight races events. After the condition is fulfilled,
the eventrace shall be heldcontested.
(2) In early closing eventsraces
or late closing eventsraces, if 5 or more interests are declared
in to start, the race shall be heldcontested. Stakes and
futurities shall be raced if 1 or more horses are declared in to start.
(3) In an early closing eventrace,
if less interests are declared in than are required to start, and if all
declarers are immediately so notified, the interests declared in and ready to
race shall be entitled to all the entrance money and any forfeits for each
horse named.
(4) In overnight events, not
more than 8 horses shall be allowed to start on a half-mile
track, and not more than 10 horses shall be allowed to start on larger tracks. In
all racing events, not more than one trailer shall be permitted, regardless of
the size of the track except with the approval of the executive director. At
least 8 feet per horse must be provided to the starters in the front tier. Trailers
are not permitted where the trackrace course has room to score
all horses abreast, allowing 8 feet per horse.
(5) A race other than an
overnight race, where the number of horses declared in to start exceeds 14 on a
half-mile track, 16 on a 5/8-mile track, or 16 on a larger track, unless
otherwise stated in the conditions, may be raced in elimination heats, at the
option of the association, if that option is exercised before positions are
drawn. Unless lesser numbers are specified in the conditions of the race, the
race, at the option of the association stated before positions are drawn, may be
raced in elimination heats. In the absence of conditions providing for a lesser
number of starters, not more than 2 tiers of horses, allowing 8 feet per horse,
shall be allowed to start in any race, and not more than 14 starters on a
half-mile track, 16 starters on a 5/8-mile track, or 16 starters on a larger track
shall be allowed to start. Where a race other than a stake or futurity is
divided, each division shall race for not less than 75% of the advertised
purse.
The following apply to added money races:
(a) If more horses are declared to start than allowed in one field, the race will be conducted in divisions or eliminations, as specified in the conditions.
(b) Where a race other than a stake or futurity is divided, each division must race for not less than 75 percent of the advertised purse.
(c) In added money races conducted in eliminations, starters shall be divided by lot. Unless conditions provide otherwise, 60 percent of the total purse must be divided equally among the elimination heats. The final heat must be contested for 40 percent of the total purse. Elimination heats and the final heat must not be raced on the same day except with the approval of the executive director. The winner of the final heat is the winner of the race.
(d) Unless the conditions for the added money race provide otherwise, the stewards shall draw the post positions for the final heat in elimination races by lot.
(6) When elimination heats are
required or specified in the published conditions, such races shall be raced in
the following manner, unless conducted under another subrule of this rule:
(a) Unless
otherwise specified in the conditions, the field shall be divided by lot and
the first division shall race a qualifying dash for 30% of the purse, the
second division shall race a qualifying dash for 30% of the purse, and the
horses so qualified shall race in the main event for 40% of the purse. Unless
otherwise specified in the conditions, the winner of the main event shall be
the race winner.
(b) If there
are more horses declared to start than can be accommodated by the 2 elimination
dashes, then enough elimination dashes shall be added to take care of the
excess. The percent of the purse raced for each elimination dash will be
determined by dividing the number of elimination dashes into 60. The main event
shall race for 40% of the purse.
(c) Unless
the conditions provide otherwise, if there are 2 elimination dashes, the first 4
finishers in each dash qualify for the final. If there are 3 or more
elimination dashes, not more than 3 horses shall qualify for the final from
each qualifying dash. The stewards shall draw the positions in which the horses
are to start in the main event, that is, they shall draw positions to determine
which of the 2 dash winners shall have the pole, which the second position,
which of the 2 horses that have been second shall start in third position, and
so on. All elimination dashes and the concluding heat shall be programmed to be
raced upon the same day or night, unless special provisions for earlier
elimination dashes are set forth in the conditions. Where provisions are made
for elimination dashes and the concluding heat on different days, finalists shall
reenter and redraw for post positions.
(d) If there
are 3 separate heat or dash winners and they alone come back in order to
determine the race winner according to the conditions, they shall take post
positions according to the order of their finish in the previous heat or dash.
R 431.4165 Split races.Rescinded.
Rule 4165. (1) In any race where the number of horses declared
in to start exceeds 12 on a half-mile track, 14 on a 5/8-mile track, or 16 on a
mile track, unless other numbers are specified in the conditions, the race, at
the option of the association, stated before positions are drawn, may be
divided by lot and raced in 2 divisions with all heat winners from both
divisions competing in a final heat to determine the race winner. Each division
shall race 2 heats for 20% of the purse each heat. The remaining 20% of
the purse shall go to the winner of the final heat.
(2) Whatever elimination heats are
required or specified in the published conditions of a stake or futurity, such
races may be raced on the 3-heat plan, irrespective of any provisions in the conditions
to the contrary. That is, the field shall be divided by lot and the first
division shall race for 30% of the purse, the second division shall race for 30%,
and the horses qualifying in the first and second divisions shall race the
third heat for 30% of the purse. If, after the third heat, no horse has won 2
heats, a fourth heat shall be raced only for the heat winners. The race winner
shall receive the remaining 10% of the purse. The number of horses qualifying
to return after each elimination heat shall be the same as set out in R
431.4170.
(3) Where qualifying races are
provided in the conditions of an early closing event, stake, or futurity,
unless specified in the conditions, such qualifying race shall be held not more
than 5 days before contesting the main event, excluding Sunday and omitting the
day of the race.
R 431.4170 Declaration to start; drawing.
Rule 4170. (1) Unless otherwise specified in the conditions,
the declaration time shall beis at the discretion of the stewardsassociation.
(2) A horse shall not be permitted to enter in more than 1 race on any 1 racing day. Races decided by more than 1 heat are considered a single race.
(3) To avoid confusion and
misunderstanding, the time when declarations close shall beis considered
to be local time at the track where the race is being heldcontested.
(4) The association shall provide
a locked box with an aperture through which declarations mayshall
be deposited. The entry box shall be in the charge of the stewards. Just before
opening the box at meetings where futurities, stakes, early closing eventsraces,
or late closing eventsraces are on the program, the steward
present shall check with the racing secretary to ascertain if any declarations
made by mail, telegraph, or otherwise are in the race office and
not deposited in the entry box, and the steward shall see that they are
declared and drawn in the proper eventrace.
(5) The entry box shall be opened at
the advertised time by the stewards and, if present, at the
advertised time, and the steward shall assure that at least 1 horseman or
an official representative of the horsemanhorsemen’s organization is
present. An owner or authorized agent for a horse with a declaration
in the entry box shall not be denied the privilege of being present.
(6) Under the supervision of the steward, the entry box shall be unlocked, declarations found therein shall be sorted and listed, the eligibility verified, preference ascertained, starters selected, and post positions drawn. If it is necessary to reopen any race, a public announcement shall be made at least twice and the box reopened. A daily record shall be kept in the stewards' book showing the name of the steward who performed the functions specified in this subrule.
(7) In races with a duration of more than 1 dash or heat, the stewards may draw post positions from the stand for succeeding dashes or heats.
(8) Declarations made by any
means established by the association, including telephone, electronic, or on
paper in the entry box, and mail, telegraph, or telephone which are
actually received and for which evidence thereof is deposited in the box before
the time specified to declare in shall be drawn in the same manner as other
declarations. The Such drawings shall beare final. Mail,
telephone, and telegraph or electronic declarations shall
state all of the following information:
(a) The name and address of the owner or lessee.
(b) The name, color, sex, sire, and dam of the horse.
(c) The name of the driver and his or her colors.
(d) The date and place of the last start.
(e) A current summary, including the number of starts, firsts, seconds, thirds, earnings, and the best winning time for the current year.
(f) The eventrace or
eventsraces in which the horse is to be entered.
(9) When an association requires a
horse to be declared at a stated time, failure to declare as required shall
beis considered a withdrawal from the eventrace.
(10) After declaration to start
has been made, a horse shall not be drawnwithdrawn, except by permission
of the stewards. Persons violating this subrule are subject to disciplinary
action.
(11) If a person making the
declaration fails to honor it and there is no opportunity for a hearing by the
stewards, the matter shall be referred to the racing commissionerexecutive
director.
(12) Drawings shall beare
final unless there is conclusive evidence that a horse properly declared was
omitted from the race through the error of an association or its agent or
employee, in which event the horse shall be added to the race and shall take the place
of an ineligible horse, considering preference, if the error is discovered before
either scratch time or the printing of the program, whichever is sooner. In
claiming handicap races, a horse moving into the race must be placed on the
outside of the horses of that base claiming price. However, in the case of
early closers of more than $10,000.00, a stake, a handicap, and futurity races,
the race shall be redrawn.
(13) When drawing post positions for handicapped races on a ½ mile race course, 1-2-3-9 are considered inside post positions.
R 431.4175 Qualifying races.
Rule 4175. At all pari-mutuelrace meetings, entries
cannot be accepted without at least 1 satisfactory current charted line on the electronic
eligibility certificate. When an association determines an eventrace
will be nonbetting, entries may be accepted on a horse without a current charted
line. Declarations for overnight racesevents shall be governed by
the following qualifier provisions:
(a) The association, in
conjunction with the horsemen's association, shall establish the qualifying
standards for a race meeting. Horses unable to show a performance to
qualify for races at the race meeting may be placed on the stewards'
list, but this action shall not be recorded on electronic eligibility certificates.
Placing a horse on the stewards' list shalldoes not affect its
right to compete in a stake, futurity, early closing race, or late closing
race, unless the horse is placed on the list for unmanageability or
dangerousness.
(b) To provide complete and accurate chart information on time and beaten lengths, a standard photo finish shall be in use.
(c) When a horse has raced at a charted meeting during the current season and then gone to meetings where the races are not charted, the information from the uncharted races may be summarized, including each start, and consolidated. The consolidated line shall carry all of the following information if the race is not at 1 mile:
(i) Date.
(ii) Place.
(iii) Time.
(iv) Driver.
(v) Finish.
(vi) Track Race
course condition.
(vii) Distance.
(d) The stewards may require any horse that has been on the stewards' list to race in a qualifying race. If a horse has raced an individual time not meeting the qualifying standard for that class of horse, the horse shall be required to race in a qualifying race, except as provided in subdivision (a) of this rule. A horse placed on the list for choking or bleeding during a race shall requalify.
(e) The stewards may permit a horse to qualify by means of a timed workout.
(f) The identifier shall fully examine a horse starting in a qualifying race or official workout.
(g) Qualifying races shall be scheduled at least once a week during live racing including the week before the opening day of the meet. The number of qualifying races per day may be limited by the stewards.
(h) Where a race is conducted
for the purpose of qualifying drivers and not horses, the race need not be charted,
timed, or recorded. This subdivision is not applicable to races qualifying both
drivers and horses.
(ih) Horses in
qualifying races may be subject to specimen collection and testing.
(i) Qualifying races must be recorded by the association.
(j) Qualifying races cancelled due to weather may be carried over to the following day. Alternative scheduling or the decision not to reschedule the cancelled qualifying races may be authorized by the stewards.
R 431.4180 Mutuel entries; common ties.
Rule 4180. (1) Not more than 2 horses that have common
ties so as to be joined as a mutuel entry shall be entered in an overnight
race. A preference for 1 of the horses shall be made when making a double entry.
Two horses that have common ties by trainer only or thoseso as to be
joined as a mutualmutuel entry shall not both start in a
race to the exclusion of a single interest.
(2) Horses which have common
ties through training only, but which have separate and distinct ownership,
may, in a stakes race, late or early closing race, futurity, free-for-all, or
another special event, at the request of the association, be permitted by the
stewards to be entered and run as separate betting interests. In races with
a purse value of $50,00020,000 or more, horses with common ownership may
race as separate betting interests. Horses that are trained or owned by
the same person shall be indicated prominently in the program.
(3) A trainer of any horse
shall not have an ownership or other interest in any other horse in the same
race, unless such horses are coupled as a single betting interest.
(43) Where no
exception exists, all Hhorses having common ties through ownership
or training only, but which have separate and distinct ownership, may
be uncoupled and run as an entry in a race as separate betting
interests when approved by the stewards.
(54) If the race is
split into 2 or more divisions, horses in an entry shall be seeded, insofar as
possible, first by owners, then by trainers, and then by stables, but the
divisions in which they compete and their post positions shall be drawn by lot.
This subrule shall also apply to elimination heats.
(65) In addition to
the provisions of subrules (1) to (53) of this rule,
horses separately owned or trained may be coupled as an entry when approved by
the stewards where it is necessary to do so to protect the public interest for
the purpose of pari-mutuel wagering only. However, where this is done, entries
shall not be rejected.
R 431.4185 Also-eligibles.
Rule 4185. (1) Not more than 2 horses may be drawn as
also-eligibles for a race, and their positions shall be drawn along with the
starters in the race. If 1 or more horses are excused by the judgesstewards,
the also-eligible horse or horses shall race and take the post position drawn by
the horse that it replaces, except in handicap races.
(2) In handicap races, the also-eligible horse shall take the place of the horse that it replaces if the handicap is the same. If the handicap is different, the also-eligible horse shall take the position on the outside of horses with a similar handicap.
(3) A horse shall not be added to a race as an eligible unless the horse was drawn as such at the time declarations closed. A horse shall not be barred from a race to which it is otherwise eligible by reason of its preference due to the fact that it has been drawn as an also-eligible.
(4) A horse moved into the race
from the also-eligible list cannot be drawn except by permission of the
stewards, but the owner or trainer of thesuch a horse shall be
notified that the horse is to race and it shall be posted at the racing
secretary'srace office. All horses which are on the also-eligible
list and which are not moved in to race by 9 a.m. on the day preceding the day
of the race shall be released.
R 431.4190 Preference.
Rule 4190. (1) Preference shall be given in all overnight
racesevents according to a horse's last previous purse race
during the current year. If 2 or more horses have the same preference date,
the entry will be determined by lot.then a second preference date
shall be used. If 2 or more horses have the same first and second preference
dates, then the entry must be determined by lot. The preference date on a
horse that has drawn to race and been scratched is the date of the race from which
the horse was scratched.
(2) When a horse is racing for theits
first lifetime starttime in the current year, the date of the
first successful qualifying race shall be considered its preference datedeclaration
to a purse race shall be considered its last race date and preference applied
accordingly. However, if an overnight race has been reopened because it did
not fill, all eligible horses declared in to the race before the reopening
shall receive preference over horses subsequently declared, irrespective of the
actual preference dates, except that during the month of January, a horse's
last purse race during the previous December will be the horse's preference
date.
R 431.4195 Stewards’ list.
Rule 4195. (1) A horse that is unfit to race because it is
dangerous, unmanageable, sick, lame, unable to show a performance to qualify
for races at the race meeting, or otherwise unfit to race at the race
meeting may be placed on a stewards' list by the stewards, and declarations
on thesuch horse shall be refused. The owner or trainer shall be
notified, in writing, of suchthe action, and the reason
for refusing declaration shall be clearly stated on the notice.
(2) When any horse is placed on the
stewards' list, the clerk of the course shall make a note on the electronic eligibility
certificate of suchthe horse, showing the date the horse
was put on the stewards' list, the reason therefor, and the date of removal if
the horse has been removed. Stewards shall release horses from the stewards'
list in writing. Horses shall be released from the stewards list by the
clerk of the course on the recommendation of the stewards.
R 431.4200 Naming drivers.
Rule 4200. Declarations shall state who shall drive the horse
and give the driver's colors. Drivers may be changed until 9 a.m. of the
day a time specified by the stewards.preceding the race or until program
information is to be printed, whichever comes first, after which After
such time a driver shall not be changed without permission of the stewards.
The stewards shall approve or disapprove the second and third drivers. The
trainer shall ensure availability of the driver named.
R 431.4205 Weather-related track conditionsRescinded.
Rule 4205. (1) In case of questionable track conditions
due to weather, the stewards shall call a meeting of a committee which consists
of an agent of the association, a representative of the certified horsemen’s
organization, and 1 steward.
(2) Upon
unanimous decision by this committee that track conditions are unsafe for
racing, all races shall be canceled.
(3) Upon
unanimous decision by this committee that track conditions are safe for racing,
only permitted withdrawals for the safety of the horse and participants shall
be allowed by the stewards.
(4) Upon
majority decision by this committee that track conditions are not safe for
racing, only permitted withdrawals for the safety of the horse and participants
shall be allowed by the stewards and the stewards shall be allowed to cancel or
postpone races in the following manner:
(a) Overnight
events. All remaining overnight events for the program in question may be
cancelled.
(b) Stake,
futurities, early-late closing, invitational and other special events. The track
association, with consent of the stewards, after consultation with horsemen
representative designated in subrule (1) of this rule, may cancel or postpone
special events to a definite day and time not to exceed 7 calendar days from
the date of the original postponement. In the event of cancellation, all
nominating, sustaining, and starting fees shall be divided equally among
remaining eligible entrants.
R 431.4210 Starting.
Rule 4210. (1) The official starter shall have control of the horses from the formation of the parade until he or she gives the word “go”.
(2) The official starter shall notify the drivers when to come to the starting gate. During or before the parade, the drivers shall be informed as to the number of scores permitted.
(3) The horses shall be brought to
the starting gate as near a quarter of a mile before the starting line as the trackrace
course will permit.
(4) Allowing sufficient time so that the speed of the gate can be increased gradually, the following minimum speeds shall be maintained:
(a) For the first 1/8 mile, not less than 11 miles per hour.
(b) For the next 1/16 of a mile, not less than 18 miles per hour.
(c) From the point specified in subdivision (b) of this subrule to the starting point, the speed shall be gradually increased to maximum speed.
(5) On mile trackrace
courses, horses shall be brought to the starting gate at the head of the
stretch and the relative speeds mentioned in subrule (4) of this rule shall be
maintained.
(6) The starting point shall be
a point marked on the inside rail a distance of not less than 200 feet from
the first turn. The official starter shall give the word “go” at the
starting point.
(7) When a particular speed has been reached in the course of a start, the speed shall not be decreased, except in the case of a recall.
R 431.4215 Recall; notice.
Rule 4215. (1) In case of a recall, a light which is
plainly visible to the driver shall be flashed and a recall sounded, but the
starting gate shall proceed out of the path of the horses. Where possible, the
starter shall leave the wings of the gate extended and gradually slow the speed
of the gate to assist in stopping the field of horses. In an emergency,
however, the starter shall use his or her discretion to close the wings of the
gate. Before giving the word “go,” the official starter shall
endeavor to get all horses away in position and on gait.
(2) There shall not be a recall
after the word “go” has been given, and any horse, regardless of its position
or occurrence of an accident, shall be deemed a starter from the time it entered
in to the starter's control, unless dismissed by the starter.The official
starter may, at any time before the word “go” is given, order a recall for 1 of
the following reasons:
(a) A horse scores ahead of the starting gate.
(b) There is interference before the word “go” is given.
(c) A horse has broken equipment, which the official starter notices.
(d) A horse falls before the word “go” is given.
(e) A horse refuses to turn or come to the gate.
(3) The starter shall endeavor
to get all horses away in position and on gait, but there shall be no recall
for a breaking horse. The starter shall sound a recall only for 1 of the
following reasons:
(a) A horse
scores ahead of the starting gate.
(b) There is
interference before the word “go” is given.
(c) A horse
has broken equipment, which the starter notices.
(d) A horse
falls before the word “go” is given.
(e) A horse
refuses to turn or come to the gate.
In case of a recall, a light which is plainly visible to the driver shall be flashed and a recall sounded, but the starting gate shall proceed out of the path of the horses. Where possible, the official starter shall leave the wings of the gate extended and gradually slow the speed of the gate to assist in stopping the field of horses. In an emergency, however, the official starter shall use his or her discretion to close the wings of the gate.
(4) If any of the reasons noted
in subrule (3) of this rule occurs and the starter fails to sound a recall, for
whatever reason, then the offending horse or horses may be deemed by the
stewards to have had an unfair start and may be disqualified from the race.
Wagers on the disqualified horse or horses shall be refunded. There
shall be no recall for a breaking horse.
(5) The starter may, at any
time before the word “go” is given, order a recall and restart the race. If a
second recall is sounded for the same horse or horses for any occurrences noted
in subrule (3) of this rule in the same race, that horse or horses shall be
ordered dismissed and wagers on that horse or horses shall be refunded. There
shall be no recall after the word “go” has been given, and any horse,
regardless of its position or occurrence of an accident, is considered a
starter from the formation of the parade, unless dismissed by the official starter.
(6) If any of the reasons noted in subrule (2) of this rule occurs and the official starter fails to sound a recall, for whatever reason, then the offending horse or horses may be considered by the stewards to have had an unfair start and may be disqualified from the race. Wagers on the disqualified horse or horses shall be refunded.
(7) If a second recall is sounded for the same horse or horses for any occurrences noted in subrule (2) of this rule in the same race, that horse or those horses shall be ordered dismissed and wagers on that horse or those horses shall be refunded.
(8) Any horse scratched because of causing 2 recalls shall have to re-qualify 2 consecutive times and must be schooled behind the starting gate.
R 431.4220 Penalties to drivers.
Rule 4220. The official starter may recommend to the stewards that a driver be penalized for any of the following reasons:
(a) Delaying the start.
(b) Failure to obey the official starter’s instruction.
(c) Rushing ahead of the inside or outside wing of the gate.
(d) Coming to the starting gate out of position.
(e) Crossing over before reaching the starting point.
(f) Interference with another driver during the start.
(g) Failure to come up into position and on the gate.
R 431.4225 Gate restrictions.
Rule 4225. (1) A person, other than the official starter, his or her assistant, and a patrol judge, shall not be allowed to ride in the starting gate unless permission has been granted by the stewards.
(2) Use of a mechanical loudspeaker for any purpose other than to give instructions to drivers is prohibited. The volume shall not be higher than is necessary to carry the voice of the official starter to the drivers.
(3) Horses awaiting post time
may be held on the backstretch for not more than 2 minutes, except when delayed
by an emergency.
(43) If there are 2
tiers of horses, the withdrawing of a horse that has drawn or earned a position
in the front tier shall not affect the position of the horses that have drawn
or earned positions in the second tier. When a horse is drawn from any tier,
horses on the outside shall move in to fill up the vacancy. When a horse has
drawn a post position in the second tier, the driver of thesuch
horse may elect to score out behind any horse in the first tier if he or she does
not thereby interfere with another trailing horse or deprive another trailing
horse of a drawn position.
R 431.4230 Starting without gates.
Rule 4230. (1) An association shall provide a backup starting gate. In the event of an extraordinary occurrence, however, horses may be started without a gate.
(2) When horses are started
without a gate, the official starter shall have control of the horses
from the formation of the parade until he or she gives the word “go”. The official
starter shall be located at the wire or other point on the trackrace
course from which the word “go” shall be given. A driver shall not cause
unnecessary delay after the horses are called.
(3) The driver of any horse
refusing or failing to follow instructions of the official starter as to
the parade or scoring ahead of the pole horse may be set down for the heat in
which the offense occurs or for such otheranother period as the official
starter shall recommend and may be subject to disciplinary action. When a
driver is taken down, the substitute shall be permitted to score the horse
once. A horse delaying the race may be started regardless of its position or
gait, and there shall not be a recall on account of a bad actor.
(4) If the word “go” is not given, all the horses in the race shall immediately turn at the tap of the bell or other signal and shall jog back to their parade positions for a fresh start. There shall be no recall after the word “go” has been given.
R 431.4240 Unmanageable horses.
Rule 4240. If, in the opinion of the stewards or the official
starter, a horse is unmanageable or liable to cause accidents or injury to
any other horse or to any driver, it may be scratched. When this action is
taken by the official starter, the stewards must be notified and the
stewards must notify the public. When this action is taken by the stewards,
the stewards must notify the official starter and the stewards must notify the
public, the starter shall notify the stewards and the stewards shall in turn
notify the public.
R 431.4255 Drivers; licensing.
Rule 4255. (1) A person who desires to drive a harness
horse at a race meeting licensed by the racing commissionerexecutive
director shall beis required to obtain a license from the racing
commissionerexecutive director, upon the recommendation of the
stewards, whether or not the person possesses any other license.
(2) Every applicant for a driver's license shall satisfy the stewards in a manner prescribed by the stewards, that he or she meets all of the following qualifications:
(a) Has had at least 1 year's training experience and has demonstrated the ability to drive.
(b) Is physically and mentally competent to drive.
(c) Is knowledgeable of, and conversant in, the training and driving of harness horses.
(d) Is familiar with the rules of racing.
(e) Has a minimum of 20/40 corrected vision in both eyes or, if the individual is blind in 1 eye, not less than 20/30 corrected vision in the other eye, as certified by a licensed optometrist, oculist, or ophthalmologist.
(f) Is not less than 16 years of age.
(g) Is the
holder of a currently valid A (full), V (probationary), or P
(provisional) or Q (qualifier) license issued by the United States tTrotting
aAssociation, or comparable licensing issued by the Standardbred
CanadaCanadian trotting association.
(3) Proper licensing
notwithstanding, the stewards at any race meeting may refuse to permit any driver
to compete in a race if, in their judgment, he or she is unfit, unqualified, or
too inexperienced to drive. SuchThe driver may be required to
submit to a physical examination under conditions specified by the stewards.
(4) A person aspiring to become a driver
may, after successfully completing a written exam administered by the United
States tTrotting aAssociation or Standardbred
CanadaCanadian trotting association, apply for licensing to drive
in qualifying races and nonbetting races only. Persons granted Q licenses shall
be not less than 16 years of age and have the approval of the stewards. All such
persons driving in races on a track licensed by the racing commissionerexecutive
director shall do so under the scrutiny of the stewards and, where
instituted, a horsemen's advisory committee, which shall present its
observations to the stewards in writing. To aid in making a determination on
the ability and qualifications of the holder of a Q license, the stewards may
require the driver to go a rated mile, with the times for the mile and the
quarters thereof to be declared beforehand by the driver. The holder of
a Q license shall perform not less than 12 satisfactory qualifying
drives before being advanced to a P license.
(5) A driver holding a Pprovisional
license shall not be considered for advancement to a an Afull
license by the stewards until he or she has qualified pursuant to 1 of the
following provisions:
(a) Had at least
1 year's driving experience while holding a P (provisional) license,
plus 25 satisfactory pari-mutuel starts in the calendar year before application.
(b) Had less than
1 year's driving experience while holding a P (provisional) license, but
had not less than 50 satisfactory pari-mutuel starts and the written approval
from the stewards at a recognized meetmeeting.
(c) Made 25 satisfactory starts at pari-mutuel or grand circuit meetings in the 2 calendar years preceding the date of application if he or she has had not less than 50 satisfactory fair starts.
(6) A driver who presently holds a license and wishes to obtain a license in a higher category and who has not previously submitted to a written test may be required to take a written test before becoming eligible to obtain a license in a higher category.
(7) Repeated rule violations shall
be consideredare grounds for refusal to grant, or grounds for
revocation of, any driver's license.
R 431.4260 Driver restrictions.
Rule 4260. (1) A person who is 60 years of age or older and who has never previously held any type of driver's license shall not be issued a driver's license.
(2) An applicant for a driver's license who is 65 years of age or over may be required to submit annually, together with his or her application for a driver's license, a report of a physical examination. An applicant who has previously held any type of driver's license shall not be subsequently denied a driver's license solely on the basis of age.
(3) If a person is involved in an accident
on the trackrace course, the stewards may order suchthe
person to submit to a physical examination, and suchthe examination
shall be completed before the person drives again.
(4) The following conduct is disorderly and shall subject a driver to disciplinary action:
(a) Failure to
obey the stewards' ordersthat are expressly authorized by the rules.
(b) Failure to drive when programmed, unless excused by the stewards.
(c) Drinking intoxicating beverages within 4 hours of the first post time of the program on which the driver is carded to drive.
(d) Use or
possession of controlled substances.
(ed)
Appearing in the paddock in an unfit condition to drive.
(fe)
Fighting.
(gf)
Assaults.
(hg)
Offensive and profane language.
(ih)
Smoking on the track wearing colorsin silks during actual racing
hours.
(ji)
Warming up a horse before racing without wearing colorssilks.
(kj)
Disturbing the peace.
(lk)
Refusal to take a breathalyzer test when directed by the stewards.
(ml)
Using abusive language when addressing, or showing disrespect toward, a racing
official or representative of the office of racing commissionerexecutive
director.
(nm)
Fraternizing with other drivers or patrons during the post parade or warm-ups.
(5) Drivers shall wear distinguishing
colors and clean white pants, and shall not be allowed to start in a race or other
public performance unless, in the opinion of the stewards, they are properly dressed.
A driver shall not drive during the time when colors are required on a race trackcourse
unless he or she is wearing an approved safety vest and an approveda
type of protective helmet with which is constructed with a hard
shell of compatible colors and which contains adequate padding and a chin
strap in place.
(6) A driver wearing colors who
appears at a betting window, a bar, or a restaurant dispensing alcoholic
beverages shallmay be subject to disciplinary actionpenalized.
(7) A driver shall not, without good and sufficient reason, decline to be substituted by stewards. Any driver who refuses to be so substituted is subject to disciplinary action.
(8) A driver holding a full
license or a driver with a probationary license shall register his or her
colors with the United States tTrotting aAssociation.
A driver may also wear colors registered to stable owners.
(9) A driver shall not drive against a horse in which he or she has a pecuniary interest.
R 431.4265 Driving rule violations; complaints; disciplinary action.
Rule 4265. (1) Although a leading horse is entitled to
any part of the trackrace course, except after selecting its
position in the home stretch, the driver of the first horse or any other driver
in the race shall not violate the driving rules by participating in any of the
following conduct:
(a) Change
either to the right or left during any part of the race when another horse is
so near him or her that in altering his or her position the driver compels another
the horse behind him or herto shorten its stride or causes
the driver of thesuch other horse to pull the horse out of its
stride.
(b) Jostle or strike, or hook wheels or interfere with, another horse or driver.
(c) Cross sharply in front of a horse or cross in front of a field of horses in a reckless manner or endanger other drivers.
(d) Swerve in and out or pull up quickly.
(e) Crowd a horse or driver by putting a wheel under him.
(f) Carry a horse out.
(g) Sit down in front of a horse or take up abruptly in front of other horses so as to cause confusion or interference among trailing horses.
(h) Let a horse pass inside needlessly or otherwise help another horse to improve its position in the race.
(i) Commit any act which impedes the progress of another horse or causes it to break.
(j) Change
course after selecting a position in the home stretch or swerve in and out, or
bear in and out, in such a manner as to interfere with another horse or
cause it to change course or take back.
(k) Drive in a careless or reckless manner.
(l) Loud shouting or other improper conduct.
(l) Whip
under the arch of the sulky, which shall be considered a major violation.
(m) Fail to set and maintain a pace which is reasonable for that class of horse.
(2) All objectionscomplaints
by drivers of any foul driving or other misconduct during the heat shall be
made at the termination of the heat, unless the driver is prevented from doing
so by an accident or injury. Any driver desiring to enter a claim of foul or
other objectioncomplaint of a violation of the rules shall,
before dismounting, indicate to the official starterstewards or the
patrol judge his or her desire to enter suchthe objection or complaint
and shall forthwith,immediately, upon dismounting, proceed to the
telephone or stewards' stand, where such objection or complaint shall
be immediately entered. The stewards shall not cause the “official” sign to be displayed
until the objection or complaint has been entered and considered.
(3) If any violation specified in subrule (1) of this rule is committed by a person driving a horse coupled as an entry in the betting, the stewards shall set the offending horse back. The horse coupled in the entry with the offending horse shall also be set back if the stewards find that the horse improved its finishing position as a direct result of the offense committed by the offending horse.
(4) In case of interference, collision, or violation of any of the provisions of this rule, the offending horse may be placed back 1 or more positions in that heat or dash. If a collision or interference prevents any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings and the driver may be subject to disciplinary action or, if a horse is set back, it shall be placed behind the horse with which it interfered.
(5) Every heat in a race shall be contested by every horse in the race, and every horse shall be driven to the finish. If the stewards believe that a horse is being driven, or has been driven, with the intent of preventing its winning a heat or dash which it was evidently able to win, or is being raced in an inconsistent manner or to perpetrate or to aid in fraud, they shall consider such driving a violation, and the driver and anyone aiding the driver in effecting the outcome of the race or races may be subject to disciplinary action. The stewards may substitute a competent and reliable driver at any time. The substituted driver shall be paid at the discretion of the stewards and the driver fee retained from the purse money due the horse, if any.
(6) If a drive is unsatisfactory due to the lack of effort or due to carelessness or is an inconsistent drive, the stewards may impose a penalty under this subrule.
(7) If, in the opinion of the stewards, a driver is for any reason unfit or incompetent to drive, refuses to comply with the directions of the racing officials, or is reckless in his or her conduct and endangers the safety of horses or other drivers in the race, he or she may be removed and another driver substituted at any time after the positions have been assigned in a race, and the offending driver shall be subject to disciplinary action. The substitute driver shall be properly compensated.
(8) If, for any cause, a horse fails to finish after starting in a heat, that horse shall be ruled out.
(9) A driver shall be mounted in his or her sulky at the finish of the race or the horse shall be placed as not finishing.
(10) Loud shouting or other
improper conduct is forbidden in a race.After the word “go” is given, both feet
of a driver shall be kept in the stirrups until after the finish of the race.A
driver must do all of the following:
(a) Have control of his or her horse at all times when on the race course.
(b) Keep a line in each hand from the start of the race until the end of the race.
(c) Not move his or her arm or arms in an exaggerated manner, and both lines shall remain reasonably taut during the entire race.
(d) Keep both feet in the stirrups from the time the horses are brought to the starting gate until the race has been completed. A driver may remove a foot from the stirrups during the race solely for the purpose of pulling ear plugs and once the ear plugs have been pulled the foot must be placed back into the stirrup.
(e) Not lean back during any part of the race in any manner that may cause unsafe conditions, alter the position of or impede the progress of trailing horses.
(f) Not use any goading device, chain, or mechanical device or appliance, other than the ordinary whip, upon any horse in any race. The possession of any mechanical or electrical goading device on the grounds of an association is a violation.
(g) Not punch, jab, or kick a horse at any time while on the grounds.
(11) Use of whip must meet all of the following requirements:
(a) Whipping shall be limited to wrist action only with minimal elbow movement, and the whipping hand shall not be raised above shoulder height.
(b) Drivers shall not whip below the level of the shaft or strike any part of the horse under the tail or between the legs.
(c) Drivers shall not strike another horse or driver with a whip or use the whip so as to interfere in any way to another horse in the race.
(d) Drivers shall not whip a horse during the post parade or after the finish of the race.
(e) Excessive, indiscriminate, visibly injurious, or abusive use of the whip is prohibited.
(f) Drivers shall not continue to use the whip on an exhausted horse, or on a horse that is not in contention.
(g) A driver shall not cause visible injury. Welts, cuts, or whip marks on a horse resulting from whipping is prima facie evidence of a violation.
(h) Drivers shall not continue to use the whip without giving the horse time to respond; continuous use of the whip is prohibited.
(1112) Drivers shall
beare allowed whips that do not exceed 4 feet, 8 inches in length
and shall beare allowed snappers that are not longer than 8
inches.
(12) The use of any goading device,
chain, or mechanical device or appliance, other than the ordinary whip or crop,
upon any horse in any race shall constitute a violation of this rule.
(13) The brutal use of a whip
or crop; punching, jabbing, or kicking a horse; or using a whip so as to
interfere with, or cause a disturbance to, any other horse or driver in a race
is prohibited and shall be considered a violation of this rule. Welts, cuts, or
whip marks on a horse resulting from whipping shall constitute a prima facie
violation of thissubrule.
(1413) A horse
shall not wear hoppleshobbles in a race unless it starts in hoppleshobbles
in the first heat, and having so started, it shall continue to wear hoppleshobbles
to the finish of the race. Any person found guilty of removing or altering a
horse's hoppleshobbles during a race or between races for the
purpose of fraud shall be subject to disciplinary action, suspended or
expelled, or ruled off. Any horse which habitually races free-legged
or with hobbles shall be required to do so unless requalifyingshall
not be permitted to wear hopples in a race, except with the permission of the
stewards. A horse shall not be permitted to wear a head pole which
protrudes more than 10 inches beyond its nose.
(14) A horse must finish the race on the race course or must be placed as not finishing.
(15) All of the following apply regarding a pylon violation:
(a) A horse while on stride, or part of the horse’s sulky, shall not leave the race course by going inside the pylons which constitutes the inside limits of the race course when not forced to do so as a result of the actions of another driver or horse, or both.
(b) If a horse while on stride, or part of the horse’s sulky, goes inside a pylon and that action gave the horse an unfair advantage over other horses in the race or the action helped improve its position in the race, the offending horse may be fined or placed at the discretion of the stewards.
(c) When an act of interference causes a horse, or part of the horse’s sulky, to cross inside one or more pylons, the stewards may place the offending horse behind the horse with which it interfered.
R 431.4270 Breaking.
Rule 4270. (1) When any horse breaks from its gait in trotting or pacing, its driver shall at once, where clearance exists, take the horse to the outside and pull it to its gait.
(2) Any of the following conduct
is considered to be a violation of this rule:
(a) Failure to properly attempt to pull the horse to its gait.
(b) Failure to take to the outside where clearance exists.
(c) Failure to lose sufficient ground by the break.
(d) Failure
to have a horse on gait at the finish wire.
(3) If a contending horse on its gait is lapped on the hind quarter of the breaking horse at the finish, the breaking horse shall be set back.
(4) The stewards may set any horse back 1 or more places if, in their judgment, any of the conduct specified in subrule (2) of this rule has occurred.
(5) If, in the opinion of the stewards,
a driver allows his or her horse to break for the purpose of fraudulently
losing a heat, the driver shall be subject to disciplinary actionliable
to the penalties provided in these rules for fraud and fouls.
(6) It shall be the duty of 1One
of the stewards toshall call out every break made, and the clerk
shall at once note, in writing, the break and the character of the break.
R 431.4275 Right of course; time for accidents, loose horses.
Rule 4275. (1) Horses called for a race shall have
the exclusive right of the course and other horses shall vacate the trackrace
course at once, unless permitted to remain by the stewards.
(2) In the case of accidents, only
so much time shall be allowed as the stewards deemconsider necessary
and proper.
(3) When a loose horse leaves the race course the horse shall be scratched.
R 431.4280 Time and records.
Rule 4280. (1) In every race, the time of each heat shall be
accurately recorded by an approved electric timing device and placed in the record
in minutes, seconds, and fifths of seconds. When each heat has been ruled
official by the stewardsdecided, the time thereof shall be publicly
announced or posted. Unofficial timing shall not be announced or admitted to
the record, and when the timers fail to act, times shall not be announced or
recorded for that heat.
(2) In any case of alleged error in the record or an error in the announcement or publication of the time made by a horse, the time so questioned shall not be changed to favor the horse or the owner, except upon the sworn statement of the stewards and the timer who officiated in the race.
(3) When requested by the racing
commissionerexecutive director, the distance of a race trackcourse
licensed by the racing commissionerexecutive director shall be
verified by a certified measurement made wire to wire 3 feet out from the pole
or inside hub rail.
(4) The leading horse shall be timed
and only its time shall be announced. A horse shall not obtain a win race
record by reason of the disqualification of another horse, unless a horse is
declared a winner by reason of the disqualification of a breaking horse on
which it was lapped.
(5) In case of a dead heat, the time shall constitute a record for the horses making the dead heat and both shall be considered winners.
(6) The time shall be taken when the first horse leaves the point from which the distance of the race is measured until the winner reaches the wire.
(7) Any person who is guilty of the fraudulent misrepresentation of time or the alteration of the record thereof in any public race shall be subject to disciplinary action and the time declared not a record.
(8) Time trial performances may
be permitted during or after a regularly scheduled meeting if a full complement
of licensed officials is in the stewards' stand.
(9) Time trial performances are
limited for 2-year-olds who go to equal or to beat 2:10 and for 3-year-olds and
over who go to equal or beat 2:05.Time trial performance records shall not be
included in the performance lines in a race program. A break during a time trial
is a losing performance and shall not constitute a record.
R 431.4285 Trainers; licensing.
Rule 4285. (1) In addition to the general licensing requirements
of the racing commissioner, anAn applicant for a trainer's license
shall satisfy the stewards, in thesuch manner as they may prescribe,
that he or she complies with all of the following requirements:
(a) Has not less than 2 years of experience under a recognized trainer and has demonstrated the ability to train.
(b) Is knowledgeable of, and conversant in, the training of harness horses.
(c) Is
physically and mentally competent to train.
(cd)
Is familiar with the rules pertaining to trainers and training.
(2) A person applying for a
trainer's license shall be 18 years of age and shall submit satisfactory proof
of having successfully completed a written United States tTrotting
aAssociation examination or an examination given by the stewards.
(3) When requested, an
applicant for a trainer's license shall submit evidence of physical ability or
submit to a physical examination, or shall do both.
(34) A person
applying for a trainer's license for the purpose of training only horses he or
she owns or in which he or she has an interest may be issued a trainer's
license without being subject to the requirement of having 2 years' experience
under a recognized trainer as set forth in subrule (1) of this rule.
(45) A licensed
trainer may employ persons other than grooms to assist him or her in the care
and training of horses in his or her stable. The assistant trainer shall be
licensed and may perform all of the duties of a trainer, except that the
trainer remains the absolute insurer of the condition of a horse.
(56) A horse shall
not start unless the trainer and the owner are licensed by the racing
commissionerexecutive director. A trainer and assistant trainer
who isare absent from his or her stable or from the grounds where
his or her horses are racing for more than 2 consecutive racing days,
and whose horses are entered or are to be entered, shall provide a licensed trainer
to assume complete responsibility for the horses being entered or running. SuchThe
licensed trainer shall sign, in the presence of the stewards, a form furnished
by the racing commissionerexecutive director accepting complete
responsibility for the horses entered or running.
R 431.4290 Protective nose shield.
Rule 4290. A protective nose shield may be worn by standardbred
horses in pari-mutuel races when the racing commissionerexecutive
director determines that weather conditions warrant the use for humane
considerations. The stewards shall approve the type of protective nose shield permitted.
Under no circumstance shall the protective nose shield be constructed of material
other than that which is transparent. For purposes of photo finishes, the
winner of the race shall be the horse whose nose or protective nose shield reaches
the wire first.
PART 5. ACCOUNT WAGERING
R 431.5001 Definitions.
Rule 5001. As used in this part:
(a) "Account" means an account for account wagering with a specific identifiable record of deposits, wagers, and withdrawals established by an account holder and managed by the third-party facilitator (TPF) licensee.
(b) "Account holder" means a person who successfully opens an account.
(c) "Account wagering" means an electronic form of pari-mutuel wagering in which a person has an account with a third-party facilitator and then uses the current balance to pay for live pari-mutuel wagering.
(d) "Account wagering center" means an actual location, equipment, and staff of a third-party facilitator licensee or agents, or both, involved in the management, servicing, and operation of account wagering.
(e) “Account wagering system” means a system used for the deposit and withdrawal of funds to make electronic wagers on pari-mutuel races.
(f) "Confidential Information" means:
(i) The amount of money credited to, debited from, withdrawn from, or present in any particular account.
(ii) The amount of money wagered by a particular account holder on any race or series of races.
(iii) The account number and secure personal identification code of a particular account holder.
(iv) The identities of particular entries on which the account holder is wagering or has wagered.
(v) Unless otherwise authorized by the account holder, the name, address, and other information in the possession of the account wagering center and race meeting licensee that would identify the account holder to anyone other than the MGCB, the account wagering center or the race meeting licensee.
(g) "Credits" means all positive inflows of money to an account.
(h) "Debits" means all negative outflow of money from an account.
(i) "Deposit" means a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account.
(j) “Joint contract” means a contract to facilitate account wagering with the agreement signed by a TPF applicant or licensee, all race meeting licensees, and certified horsemen’s organizations in this state.
(k) "Principal residence address" means that place where the person submitting an application for an account resides not less than 50% of the time during the calendar year.
(l) "Proper identification" means a form of identification accepted in the normal course of business to establish that the person making a transaction is an account holder.
(m)"Secure personal identification code" means a unique alpha-numeric character code chosen by an account holder as a means by which the third-party facilitator may verify a wager or account transaction of an account holder.
(n) “Third party facilitator” or "TPF" means a person who applies for and is licensed by the executive director to provide race meeting licensees with goods or services for the electronic processing of internet wagers using an account wagering system.
(o) "Withdrawal" means a payment of money from an account by the TPF licensee or race meeting licensee to the account holder when properly requested by the account holder.
R 431.5005 Authorization for account wagering.
Rule 5005. (1) A race meeting licensee who is the holder of or applicant for a race meeting license issued under the act and these rules may request permission from the executive director to conduct account wagering pursuant to the act and these rules. As part of the request, the race meeting licensee or a TPF license applicant must submit a joint contract and a proposed plan of operation detailing how its proposed account wagering system would operate; the executive director may require changes in a proposed plan of operations as a condition of granting a request. No subsequent changes in the system's operation may occur unless ordered by the executive director or until approval is obtained from the executive director after it receives a written request.
(2) A race meeting licensee must furnish certification that the race meeting licensee assumes and acknowledges responsibility for all conduct of its TPF.
(3) The TPF or its agents, or both, must establish and maintain an account wagering system and center.
(4) The executive director may require the race meeting licensee or TPF to pay for investigations or inspections.
(5) Account wagers may only be made pursuant to the act and these rules.
R 431.5010 Licensure of Third Party Facilitators (TPF).
Rule 5010. (1) A provider of an account wagering center or systems must be licensed by the executive director as a TPF.
(2) A TPF may apply for a license to operate an account wagering system whereby wagers are debited and payouts are credited to an account held by a TPF on behalf of a person.
(3) A person applying for a TPF’s license and a person required to be qualified as part of the application must complete and submit the application and disclosure forms in the manner and form prescribed by the executive director.
(4) The following nonrefundable TPF license application fees must be submitted to the executive director, together with the required application form or forms:
(a) TPF license: $1,000.00.
(b) Renewal TPF License: $500.00.
(5) The license or renewal application fee must be used by the executive director to conduct an appropriate background investigation of the applicant as prescribed by the executive director, the act, and these rules. No portion of a remitted license application fee shall be refunded.
(6) An additional background investigation charge may be assessed to the extent that the executive director's direct investigative cost exceeds the applicant's application fee. Unless otherwise determined by the executive director, a license may not be issued until payment of the additional assessed charge for completion of the background investigation is received by the executive director.
(7) A person applying for a TPF license must provide the name, address, and phone number of a representative to act as a liaison to the executive director or his or her designee. The liaison shall assist and cooperate with the executive director or his or her designee.
(9) All persons employed by TPFs involved in accepting pari-mutuel wagers, and employees with access to facilities where the wagers are placed, or systems and records relating to account wagering are operated and secured, shall hold an occupational license with a recognized horse racing regulatory agency. The TPF shall provide and maintain with the executive director a current list of the employees.
(10) A licensed TPF must utilize and communicate pari-mutuel wagers to a pari-mutuel system meeting all requirements for pari-mutuel systems employed by race meeting licensees in this jurisdiction.
(11) A licensed TPF must operate and communicate with the totalisator system in a way as not to provide or facilitate a wagering advantage based on access to information and processing of wagers by TPF account holders relative to persons who wager at race tracks or public off track wagering facilities. The TPF shall have in place an independent real time monitoring system and use approved by the executive director, and use other procedures as needed, to ensure compliance with this requirement.
(12) Failure to provide information requested by the executive director to assist in any investigation, inquiry, hearing, or failure to comply with the act or rules promulgated by the executive director, may result in denial, suspension, or, upon reasonable notice, revocation of a license.
R 431.5015 Establishment of accounts.
Rule 5015. (1) A person must establish an account with the TPF before placing an account wager. An account may only be established with a licensed TPF.
(2) Accounts can only be established by natural persons and will not be transferable between persons.
(3) To establish an account, an application must be electronically signed or otherwise expressly authorized by the applicant and must contain the following information:
(a) The applicant's full legal name.
(b) The applicant's principal residence address.
(c) The applicant's telephone number.
(d) Proper identification or certification demonstrating that the applicant is at least 18 years of age.
(e) Any other information the executive director determines is necessary to carry out its duties under applicable laws and rules.
(4) A TPF may not sell or share an applicant or account holder's confidential information, or use an applicant or account holder's confidential information for any purpose not related to authorized account wagering, except as authorized by the applicant or account holder.
(5) Each application for an account shall be verified with respect to name, principal residence address, and date of birth either by an independent service provider or another means authorized by the executive director to adequately ensure the accuracy of the information.
(6) A TPF must provide the following information to each applicant when an account is established:
(a) The process for funding accounts and making withdrawals from accounts.
(b) Account wagering rules and procedures, methods, timing of crediting and debiting accounts, user fees, and any other information considered necessary by the executive director.
(c) Notice that the account holder may place wagers only on races authorized for pari-mutuel wagering under Michigan law.
(d) A unique account number.
(e) Notice that an account holder must be at least 18 years of age and that individuals under the age of 18 shall not have access to the account.
(f) Information on responsible wagering and how to obtain assistance with problem gambling, including the contact information for at least one problem gambling assistance program.
(g) Procedures for resolving disputes between the account holder and the TPF.
(h) Any other information considered appropriate by the executive director.
(7) The executive director must approve any changes to the account’s terms and conditions, before implementation by the TPF.
(8) The TPF must notify the account holder when the terms and conditions governing the account are changed. The notification must be before the new procedures are applied to the account. The account holder must have the opportunity to close the account. If the account is not closed, it is presumed the account holder accepted the new terms and conditions of the account.
(9) An account holder is required to supply a secure personal identification code when establishing an account. The account holder is required to supply the code when making deposits or withdrawals from the account and when placing a wager. The account holder has the right to change the code at any time.
(10) Nothing in this chapter prohibits a TPF from refusing to open an account for reasonable business reasons.
R 431.5020 Operation of accounts.
Rule 5020. (1) An account holder may make deposits to the account in the following forms:
(a) Cash, which may be deposited at financial or retail outlets designated by the TPF.
(b) Check, money order, or negotiable order of withdrawal sent to the TPF.
(c) Charges made to an account holder's credit or debit card upon authorization of the account holder.
(d) Electronic funds transfer by the account holder, in which case the account holder is responsible for any fees imposed by the remitting entity.
(e) Any other method approved by the executive director.
(2) The following credits shall be posted to an account by the TPF as soon as practicable after the race is declared official:
(a) Credit for winnings from wagers.
(b) Credit for all refunded wagers as required by the laws and rules applicable to the host track.
(3) Debits to an account shall be made as follows:
(a) Upon receipt of a wager, the TPF may debit the account in the amount of the wager.
(b) Debits may be made for fees for service or other transaction-related charges by the TPF.
(c) An account wagering center may authorize a withdrawal from an account as approved by the executive director.
(4) Nothing in this chapter prohibits a TPF from refusing to accept a wager or from suspending or refusing deposits to an account for reasonable business reasons.
(5) Disputes between an account holder and a TPF shall be administered under the dispute resolution procedures contained in the license application approved by the executive director.
R 431.5025 Conduct of wagering.
Rule 5025. (1) A TPF may accept wagers in the manner and form approved by the executive director.
(2) For account wagers made by phone, the TPF must make a voice recording of the entire transaction and must not accept any account wager if the voice recording system is inoperable. Voice recordings must be retained for not less than 6 months or another time specified by the executive director. The recordings must be made available to the executive director at his or her request.
(3) Any account wagering system must provide for the account holder's review and finalization of a wager before it is accepted by the TPF. Neither the account holder nor the TPF may change a wager after the account holder has reviewed and finalized the wager and the TPF has accepted the wager. When a wager is made by phone, the voice recording of the transaction is the actual wager, regardless of what was recorded by the account wagering system.
(4) A TPF must not accept account wagers from an account holder in excess of the account balance. No credit shall be extended by a TPF to an account holder. Any account not updated when a transaction is completed is inoperable until the transaction is posted and the account balance updated.
(5) All information about an account is not subject to disclosure except as authorized by the executive director.
R 431.5030 Closing of accounts.
Rule 5030. (1) An account holder or the TPF may close an account under the procedure approved by the executive director.
(2) If an account holder dies, unclaimed cash balances in the account must only be released to the decedent's legal representative upon receipt of a copy of a valid death certificate, after which the account must be closed.
R 431.5035 Record keeping and reporting.
Rule 5035. (1) A TPF must maintain all of the following information on each account for a minimum of 3 years:
(a) A record of all deposits, credits, and withdrawals.
(b) A record of all wagers made.
(2) Upon request of the account holder, a TPF must provide any records it maintains on the account holder's account under subrule (1) of this rule. Records may be provided in paper or electronic format.
(3) A TPF must make an account holder's current account balance available to the account holder at all times.
(4) A TPF must allow the executive director and its designees to review and audit all records related in any way to its licensure, financial solvency, accounts, and the conduct of wagering by Michigan residents. Information relevant to the review and audit must be made available to the executive director or his or her designees upon request and in a format required by the executive director.
(5) A TPF must provide an annual audited financial statement to the executive director.
(6) A TPF must report to the executive director quarterly all payments made to the pari-mutuel horse racing disbursement account, the pari-mutuel activity on which the funds were paid, the number of accounts held by Michigan residents at the end of the reporting period, and any other information requested by the executive director.
R 431.5040 Penalties.
Rule 5040. (1) The executive director may issue a fine, suspend, or revoke a TPF license if any of the following occurs:
(a) The TPF fails to comply with all federal, state, and local laws.
(c) The TPF has had a license denied, suspended, or revoked in another jurisdiction.
(d) The TPF fails to comply with any conditions on the license imposed by the executive director.
(e) The TPF poses a threat to the public interest or the integrity of racing or wagering in Michigan.
(2) A suspension or revocation of a TPF license may be appealed under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.