Current through Register Vol. 49, No. 9, September, 2024
DEFINITIONS
1000. The following definitions and
interpretations shall apply throughout these Rules unless the text otherwise
requires:
1001. "Act" is the
enabling legislation permitting pari-mutuel horse racing in this
jurisdiction.
1002. "Added Money"
is the amount added into a stakes by the Association or by sponsors, state-bred
programs or other funds added to those monies gathered by nomination, entry,
sustaining and other fees coming from the horsemen.
1003. "Age" of a horse foaled in North
America shall be reckoned from the first day of January of the year of
foaling.
1004. "Also Eligible"
pertains to:
(a) a number of eligible horses,
properly entered, which were not drawn for inclusion in a race, but that become
eligible according to preference or lot if an entry is scratched prior to the
scratch time deadline; or
(b) the
next preferred non-qualifier for the finals or consolation from a set of
elimination trials that will become eligible in the event a finalist is
scratched by the Stewards for a Rule violation or is otherwise eligible if
written race conditions permit.
1005. "Allowance Race" is an overnight race
for which eligibility and weight to be carried is determined according to
specified conditions, which include age, sex, earnings and number of
wins.
1006. "Appeal" is a request
for the Racing Commission or its designee to investigate, consider and review
any decisions or rulings of Stewards of a Race Meeting.
1007. "Arrears" are all monies owed by a
licensee, including subscriptions, jockey fees, forfeitures and any default
incident to these Rules.
1008.
"Association" is a person or business entity holding a license from the Racing
Commission to conduct racing with pari-mutuel wagering.
1009. "Association Grounds" is all real
property utilized by the Association in the conduct of its Race Meeting,
including the racetrack, grandstand, concession stands, offices, barns, stable
area, employee housing facilities, parking lots and any other areas under the
jurisdiction of the Racing Commission.
1010. "Authorized Agent" is a person licensed
by the Racing Commission and appointed by a written instrument, signed and
acknowledged before a notary public, by the owner in whose behalf the agent
will act.
1011. "Beneficial
Interest" is profit, benefit or advantage resulting from a contract or the
ownership of an estate, as distinct from the legal ownership or control. When
considered as designation of character of an estate, is such an interest as a
devisee, legatee or donee takes solely for his own use or benefit and not as
holder of title for use and benefit of another.
1012. "Betting Interest" is one or more
horses in a pari-mutuel contest which are identified by a single program number
for wagering purposes.
1013.
"Bleeder List" is a tabulation of all bleeders to be maintained by the Racing
Commission.
1014. "Breakage" is the
net pool minus payoff.
1015.
"Breeder" is the owner of the horse's dam at the time of foaling.
1016. "Carryover" is non-distributed pool
monies that are retained and added to a corresponding pool in accordance with
these Rules.
1017. "Claiming Race"
is a race in which any horse starting may be claimed (purchased for a
designated amount) in conformance with the Rules.
1018. "Commission" is the regulatory agency
with the authority to regulate racing. (Also "Racing Commission" and "Arkansas
Racing Commission.")
1019.
"Conditions" are qualifications that determine a horse's eligibility to be
entered in a race.
1020. "Contest"
is a competitive racing event on which pari-mutuel wagering is
conducted.
1021. "Contestant" is an
individual participant in a contest.
1022. "Coupled Entry" are two or more
contestants in a contest that are treated as a single betting interest for
pari-mutuel wagering purposes (also see "Entry").
1023. "Day" is a 24-hour period beginning at
12:01 a.m. and ending 12:00 p.m. midnight. Also known as a calendar
day.
1024. "Dead Heat" is the
finish of a race in which the noses of two or more horses reach the finish line
at the same time.
1025.
"Declaration" is the act of withdrawing an entered horse from a race prior to
the closing of entries.
1026.
Subject to Rule 2212(b), "Entry" is:
(a) a
horse made eligible to run in a race; or
(b) two or more horses, entered in the same
race, which have common ties of ownership or lease.
1027. "Exhibition Race" is a race on which no
wagering is permitted.
1028.
"Expired Ticket" is an outstanding ticket that was not presented for redemption
within the required time period for which it was issued.
1029. "Financial Interest" is an interest
that could result in directly or indirectly receiving a pecuniary gain or
sustaining a pecuniary loss as a result of ownership or interest in a horse or
business entity, or as a result of salary, gratuity or other compensation or
remuneration from any person. The lessee and lessor of a horse have a financial
interest.
1030. "Flat Race" is a
race in which horses mounted by jockeys run over a course on which no jumps or
other obstacles are placed.
1031.
"Forfeit" is money due from a licensee because of error, fault, neglect of
duty, breach of contract or a penalty imposed by the Stewards or the Racing
Commission.
1032. "Guest
Association" is an association which offers licensed pari-mutuel wagering on
contests conducted by another association (the host) in either the same State
or another jurisdiction.
1033.
"Handicap" is a race in which the weights to be carried by the horses are
assigned by the Racing Secretary or Handicapper for the purpose of equalizing
the chances of winning for all horses entered.
1034. "Handle" is the aggregate of all
pari-mutuel pools, excluding refundable wagers.
1035. "Horse" is any equine (including and
designated as a mare, filly, stallion, colt, ridgeling or gelding) registered
for racing: specifically, an entire male 5 years of age and older.
1036. "Host Association" is the association
conducting a licensed pari-mutuel Race Meeting from which authorized contests
or entire performances are simulcast.
1037. "Inquiry" is an investigation by the
Stewards of potential interference in a contest prior to declaring the result
of said contest official.
1038.
"Jockey" is a professional rider licensed to ride in races.
1039. "Licensee" is any person or entity
holding a license from the Racing Commission to engage in racing or a regulated
activity.
1040. "Maiden" is a horse
that has never won an official or recognized race as defined in breed registry
rules.
1041. "Maiden Race" is a
contest restricted to non-winners.
1042. "Match Race" is a race between two
horses under conditions agreed to by their owners.
1043. "Meeting" is the specified period and
dates each year during which an Association is authorized to conduct racing by
approval of the Racing Commission.
1044. "Minus Pool" occurs when the amount of
money to be distributed on winning wagers is in excess of the amount of money
comprising the net pool.
1045.
"Month" is a calendar month.
1046.
"Mutuel Field" or "Field" is two or more contestants in a contest that are
treated as a single betting interest for pari-mutuel wagering purposes because
the number of betting interests exceeds the number that can be handled
individually by the pari-mutuel system.
1047. "Net Pool" is the amount of gross
ticket sales less refundable wagers and statutory commissions.
1048. "Nomination" is the naming of a horse
to a certain race or series of races generally accompanied by payment of a
prescribed fee.
1049. "Nominator"
is the person or entity in whose name a horse is nominated for a race or series
of races.
1050. "Objection" is:
(a) a written complaint made to the Stewards
concerning a horse entered in a race other than a complaint growing out of
happenings in the running of the race) and filed with the Stewards not later
than the time period for protest set forth in Rule 2359; or
(b) a verbal claim of foul in a race lodged
by the horse's jockey, trainer, owner or the owner's authorized agent to the
Stewards before the race is declared official.
1051. "Official Order of Finish" is the order
of finish of the horses in a contest as declared official by the
Stewards.
1052. "Official Starter"
is the official responsible for dispatching the horses for a race.
1053. "Official Time" is the elapsed time
from the moment the first horse crosses the starting point until the first
horse crosses the finish line.
1054. "Off Time" is the moment at which, on
the signal of the Official Starter, the doors of the starting gate are opened,
officially dispatching the horses in each contest.
1055. "Optional Claiming Race" is a contest
restricted to horses entered to be claimed for a stated claiming price and to
those that have started previously for that claiming price or less. In the case
of horses entered to be claimed in such a race, the race shall be considered
for the purpose of these Rules a claiming race. In the case of horses not
entered to be claimed, the race shall be considered an allowance
race.
1056. "Outstanding Ticket" is
a winning or refundable pari-mutuel ticket that was not cashed during the
performance for which it was issued; also known as "Outs."
1057. "Overnight Race" is a contest for which
entries close at a time set by the Racing Secretary; also known as "Purse
Race."
1058. "Owner" is a person
who holds any title, right or interest, whole or partial in a horse, including
the lessee and lessor of a horse.
1059. "Paddock" is an enclosure or other
designated area where horses scheduled to compete in a contest are saddled
prior to racing.
1060. "Pari-Mutuel
System" is the manual, electro-mechanical or computerized system and all
software (including the totalisator, account betting system and off-site
betting equipment) that is used to record bets and transmit wagering data.
"Pari-mutuel wagering" shall include any method of wagering approved by the
Racing Commission whereby amounts wagered are placed in one or more designated
wagering pools (whether or not the wagers are placed with respect to the same
race), and the amounts remaining in the respective wagering pool, after
reduction for the takeout under applicable law and Rules and Regulations of the
Racing Commission, are returned to the winning bettors or bettors under the
Rules applicable to the particular wagering pool and in accordance with
applicable law and the Rules and Regulations of the Racing Commission (subject,
in the case of un-cashed pari-mutuel tickets, to the provisions of Ark. Code
Ann. Section
23-110-406(b) and
Rule 1152).
1061. "Patron" is a
member of the public present on the grounds of a pari-mutuel Association during
a Race Meeting for the purpose of wagering or to observe racing.
1062. "Payoff" is the amount of money payable
to winning wagers.
1063.
"Performance" is a schedule of contests conducted on the same day as authorized
by the Racing Commission.
1064.
"Permit" is an authorization by the Commission to an Association to conduct
horse racing with pari-mutuel wagering at a specified location.
1065. "Person" is any individual,
partnership, corporation or other association or entity.
1066. "Post Position" is the pre-assigned
position from which a horse will leave the starting gate.
1067. "Post Time" is the scheduled starting
time for a contest.
1068. "Prima
Facie Evidence" is evidence that, until its effect is overcome by other
evidence, will suffice as proof of fact in issue.
1069. "Profit" is the net pool after
deduction of the amount bet on the winners.
1070. "Profit Split" is a division of profit
amongst separate winning betting interests or winning betting combinations
resulting in two or more payoff prices.
1071. "Program" is the published listing of
all contests and contestants for a specific performance.
1072. "Protest" is a written objection
charging that a horse is ineligible to race, alleging improper entry procedures
or citing any act of an owner, trainer, jockey or official prohibited by Rules,
which, if true, shall exclude that horse/jockey from racing.
1073. "Purse" is the total cash amount for
which a race is contested.
1074.
"Race" is a contest between horses at a licensed Race Meeting.
1075. "Registered Arkansas-bred" thoroughbred
horses, registered Arkansas thoroughbred broodmare, registered Arkansas
thoroughbred stallion, foal registration, broodmare registration and stallion
registration, eligibility to participate in the Arkansas Racing Commission
Purse and Awards Fund and eligibility to participate in races that are
restricted to registered Arkansas-bred thoroughbred horses shall be determined
and made in accordance with registration and fee schedules, adopted by the
Arkansas Thoroughbred Breeders and Horsemen's Association and approved by the
Racing Commission.
1076.
"Restricted Area" is an enclosed portion of the Association grounds to which
access is limited to licensees whose occupation or participation requires
access.
1077. "Result" is the part
of the official order of finish used to determine the pari-mutuel payoff of
pools for each individual contest.
1078. "Scratch" is the act of withdrawing an
entered horse from a contest after the closing of entries.
1079. "Scratch Time" is the deadline set by
the Association for withdrawal of entries from a scheduled
performance.
1080. "Simulcast" is
the live audio and visual transmission of a contest to another location for
pari-mutuel wagering purposes.
1081. "Single Price Pool" is an equal
distribution of profit to winning betting interests or winning betting
combinations through a single payoff price.
1082. "Stable Name" is a name used other than
the actual legal name of an owner or lessee and registered with the Racing
Commission.
1083. "Stakes Race" is
a contest in which nomination, entry and/or starting fees contribute to the
purse.
1084. Starter" is a horse
that becomes an actual contestant in a race by virtue of the starting gate
opening in front of it upon dispatch by the Official Starter.
1085. "Steeplechase Race" is a contest in
which horses mounted by jockeys run over a course on which jumps or other
obstacles are placed.
1086.
"Steward" is a duly appointed racing official with powers and duties specified
by Rules.
1087 "Substantial
Evidence" is evidence which a reasoning mind would accept as sufficient to
support a particular conclusion and consists of more than a mere scintilla of
evidence but may be somewhat less than a preponderance.
1088. "Takeout" is the total amount of money,
excluding breakage, withheld from each pari-mutuel pool, as authorized by
statute or Rule.
1089.
"Totalisator" is the system used for recording, calculating, and disseminating
information about ticket sales, wagers, odds and payoff prices to patrons at a
pari-mutuel wagering facility.
1090. "Trial Race" is part of a series of
contests in which horses participate for the purpose of determining eligibility
for a subsequent contest.
1091.
"Walkover" is a race in which only one horse starts or in which all the
starters are owned by the same interest.
1092. "Week" is a calendar week.
1093. "Weigh In" is the presentation of a
jockey to the Clerk of Scales for weighing after a race.
1094. "Weigh Out" is the presentation of a
jockey to the Clerk of Scales for weighing prior to a race.
1095. "Weight for Age" is a race in which a
fixed scale is used to assign the weight to be carried by individual horses
according to age, sex, distance of the race and season of the year.
1096. "Winner" is the horse whose nose
reaches the finish line first or is placed first through disqualification by
the Stewards.
1097. "Year" is a
calendar year.
FRANCHISES AND APPLICATIONS FOR RACING
DATES
1100. Every
franchise and every license to hold a meeting is granted upon the condition
that the franchise holder shall accept, observe and enforce the Rules and
Regulations of the Commission, and it shall be the duty of each and every
officer, director and employee of said franchise holder to observe and enforce
the Rules.
1101. Every application
to become a franchise holder shall contain the following:
APPLICATIONS FOR
FRANCHISES
1102.
Every application to become a franchise holder shall contain the following:
I.
OWNERSHIP AND
MANAGEMENT(a) State the name of
the applicant and indicate whether it is an individual, firm, association,
partnership or corporation.
(b)
State the following information as to the applicant:
(If the applicant has a parent corporation, the same
information must be submitted both for the parent and applicant
corporation.)
(1) State the year in
which the applicant was organized, its form of organization and the name of the
state under the laws of which it was organized. Attach a copy of the Articles
and By-laws to the application.
(2)
State the classes of capital stock authorized, the amount authorized, and the
amount outstanding as of the date not less than fifteen (15) days prior to the
date of filing on the application. State the amount of dividends paid to
stockholders during the five (5) years immediately preceding the
application.
(3) State the name and
address of each person who owns, of record or beneficially, one or more shares
of any class of capital stock.
This can be indicated in columnar forms as follows:
(A) Name and address.
(B) Class of stock owned.
(C) Type of ownership whether of record or
beneficial.
(D) Amount
owned.
(E) Percent of the class of
stock.
(4) Describe
briefly the terms of any voting trust in which any of the capital stock is held
and the name, address, class or stock and number of shares of stock for all
stock held in said voting trust.
(5) Describe briefly the terms of any proxy
by which any of the capital stock is held, the holder of the proxy and the
name, address, class of stock and number of shares of stock for all stock held
by said proxy.
(6) State whether
five percent (5%) or more of the applicant's assets, or five percent (5%) or
more of any principal stockholders' stock, is encumbered by any long-term debt.
Explain fully, by stating names and addresses of parties holding security
interests or promissory notes from the applicant and the stockholders, where
the stock is pledged as security, and outline the terms of the agreements
creating the security interests.
(7) Outline briefly the divided rights,
voting rights, liquidation rights, preemptive rights, conversion rights and
redemption provisions. If the rights of holders of such stock may be modified
otherwise than by a vote of majority or more of the shares outstanding, voting
as a class, so state and explain briefly.
(8) If the applicant was organized as a
corporation within the past five (5) years, furnish the following information:
the names of the promoters, the nature and amount of anything of value received
or to be received by each promoter directly or indirectly from the applicant,
and the nature and amount of any assets, services or other consideration
therefor received or to be received by the applicant.
(9) List the names of all directors and
officers of the applicant and all persons chosen to become directors or
officers, and attach a personal history resume for each person named. Indicate
all positions and offices with the applicant held by each person named, and the
principal occupation during the past five years of each person named.
(10) List all parents of the applicant
showing the basis of control, and as to each parent, the percentage of voting
securities owned, or other basis of control by any of its parents.
(c)
(1) Attach to the application balance sheets
and profit and loss statements for each of the three fiscal years immediately
preceding the application, or for the period of organization if less than three
years. If the applicant has not completed a full fiscal year since its
organization or if it acquires or is to acquire the majority of its assets from
a predecessor within the current fiscal year, the financial information shall
be given for the current fiscal year. Balance sheets, profit and loss
statements, and all other financial statements required herein shall be
prepared, audited and certified by independent, certified public accountants in
accordance with generally accepted accounting procedures and practices applied
on a consistent basis. Any report containing exceptions of a material nature
will not be considered to be certified.
(2) State all loans by applicant in excess of
one percent (1%) of the net income and describe fully the name of the borrower,
amount of the loan, collateral and terms.
(d) Briefly describe any pending legal
proceedings to which the applicant or any of its subsidiaries or parent
corporation is a party or of which any of their property is the subject.
Include the name of the court or agency in which the proceedings are pending,
the date instituted and the principal parties thereto.
(e) State if the applicant or its directors,
officers, policy-making manager or principal stockholders have owned an
interest in any firm, partnership, association or corporation previously
licensed by the Arkansas Racing Commission or are now engaged in the business
of racing outside of the State of Arkansas (and explain, as
applicable).
(f) Describe briefly
and where practical state the approximate amount of any material interest,
direct or indirect, of any officer, director or principal stockholder of the
applicant, or any associate of any of the foregoing persons in any material
transactions during the last three (3) years, or in any material proposed
transactions to which the applicant was, or is to be a party.
(g) State generally the principal purposes
for which the net income received by the applicant is intended to be used,
(whether it be for payment of dividend, retained earnings for enumerated
purposes or other purposes) and show the approximate percentage of the amount
intended for each purpose.
(h)
State all contracts by the applicant entered into within the year preceding the
date of application, and all executory contracts not otherwise described
pursuant to these Rules in which the consideration exceeds one percent (1%) of
net income, and describe fully, including the names of the parties to the
contract, amount of consideration and terms.
(i) List all direct remuneration paid by the
applicant and its subsidiaries, if any, during the applicant's last fiscal year
to:
(1) Each director and officer of the
applicant whose aggregate direct remuneration exceeded $10,000, naming each
such person.
(2) All directors of
the applicant as a group without naming them.
(3) All officers of the applicant as a group
without naming them.
(4) All other
persons whose aggregate remuneration exceeds $10,000, naming each such person.
As used in this paragraph, direct remuneration shall include salary, retirement
benefits, automobile furnished, expenses reimbursed and all other sums paid for
the benefit of the officer, director or other recipient.
(j) State whether the applicant, its
officers, directors and principal stockholders have complied with and are in
compliance with Rule 1110. If not in compliance, explain in full.
II.
LOCATION AND
PHYSICAL PLANT(a) State county
and municipality of track.
(b) Give
actual legal description of a site, names and addresses of the titleholders to
the real property, and names and addresses of all persons holding mortgages or
other security interests in the property.
(c) State the number of miles from the
nearest population center, and describe briefly the transportation facilities
serving that population's center.
(d) Indicate the exact dimensions of any
track proposed.
(e) Describe the
grandstand size and type construction. Submit at least one copy of architect's
plans or rendering showing details of any proposed constructions.
(f) Describe briefly the efforts made to
insure the security, safety and comfort of patrons and license
holders.
(g) State the availability
of fire protection and adequacy of law enforcement and police
protection.
(h) Indicate the
parking lot capacity and describe the construction and type of parking
facilities.
(i) Indicate the number
and type of construction of stables and other areas, indicating capacities and
fire prevention facilities for all areas.
(j) Indicate the provisions for facilities
for owners and other racing personnel.
(k) Describe the arrangements for food and
drink concession, indicating the names and addresses of concessionaires and the
terms of the concession contracts. Attach copy of contract.
(l) Describe any concessions, clubs or other
special facilities for patrons.
III.
RACING
OPERATION(a) Indicate by actual
dates the racing days requested by the applicant.
(b) Indicate the kind of racing to be
conducted.
(c) Describe the
pari-mutuel operation in general and indicate in particular the terms of the
pari-mutuel ticket sales.
IV.
ECONOMIC AND OTHER ASPECTS OF
TRACK LOCATION(a) Describe
briefly climatic conditions prevalent during the proposed racing
season.
(b) Indicate the population
of the local area and the growth trend. Indicate the potential market,
including tourists, transients and patrons from neighboring areas.
(c) Indicate the principal sources of local
income, showing the percentage from farming and ranching, industrial,
professional and services, and military and other governmental
sources.
(d) Indicate the affect of
competition with other racetracks in and out of the State and with other sports
or recreational facilities in the area. State in detail what affect the
competition from other racetracks will have on the availability of the racing
stock and track personnel.
(e)
Indicate what affect opposition from area residents will have on the economic
outlook for the proposed track.
APPLICATIONS FOR RACING
DATES
1103.
Application for racing dates must be filed by a franchise holder at least
ninety (90) days prior to the date upon which it is desired to begin the Race
Meeting. Whenever mutually agreeable to the Commission and the franchise
holder, the Commission may allot racing dates other than those requested in the
applications. Immediately following the allotting of any racing dates and the
issuance of a license to hold a Race Meeting, the Commission shall notify the
franchise holder of the dates allotted, which notices shall be in writing and
sent by registered or certified United States Mail to the franchise holder, and
each such notice and license shall be mailed by the Racing Commission at least
sixty (60) days before the date fixed for the beginning of the Race
Meeting.
1104. Every application
for a license for dates to conduct thoroughbred horse racing shall contain the
following:
I.
OWNERSHIP AND
MANAGEMENT(a) State the name of
the applicant.
(b) The applicant
shall supply the following information:
(If the applicant has a parent corporation, the same
information must be submitted both for the parent and applicant
corporation.)
(1) On the initial
application of a franchise holder for racing dates, a certified copy of the
articles of incorporation of the applicant must be attached to the application
and any applications for racing dates filed subsequent to the initial
application and any subsequent amendments to the aforementioned articles of
incorporation shall be attached thereto, so that there will be on file at the
Commission at all times a current copy of the applicant's articles of
incorporation and amendments thereto.
(2) State the name and address of each person
who owns, of record or beneficially, one or more shares of any class of stock.
This can be indicated in columnar forms as follows:
(A) Name and address
(B) Class of Stock
(C) Type of ownership, whether of record or
beneficial
(D) Amount
owned
(3) Describe
briefly the terms of any voting trust in which any of the capital stock is held
and the name, address and class of stock for all stock held in said voting
trust.
(4) Describe briefly the
terms of any proxy by which any of the capital stock is held, the holder of the
proxy and the name, address and class of stock for all stock held by said
proxy.
(5) State whether five (5%)
or more of the applicant's assets are encumbered by any long-term debt. If so,
state the names and addresses of parties holding security interests or
promissory notes from the applicant where the stock is pledged as security.
Copies of such agreements shall be made available for inspection by the
Commission on request.
(6) Outline
briefly the dividend rights, voting rights, liquidation rights, preemptive
rights, conversion rights and redemption provisions. If the rights of holders
of such stock may be modified otherwise than by a vote of a majority or more of
the shares outstanding, voting as a class, so state and explain
briefly.
(7) List the names of all
directors and officers of the applicant and all persons chosen to become
directors or officers and attach a personal history resume for each person
named. Indicate all positions and offices with the applicant held by each
person named, and the principal occupation during the past five years of each
person named.
(8) List all parents
of the applicant showing the basis of control and as to each parent, the
percentage of voting securities owned or other basis of control by any of its
parents.
(c) Briefly
describe any pending legal proceedings to which the applicant or any of its
subsidiaries or parent corporation is a party or of which any of their property
is the subject. Include the name of the court or agency in which the
proceedings are pending, the date instituted and the principal parties
thereto.
(d) State if the applicant
or its directors, officers, policy-making manager or principal stockholders
have owned an interest in any firm, partnership, association or corporation
previously licensed by the Racing Commission, or are now engaged in the
business of racing outside of the State of Arkansas. Explain.
(e) State all contracts by the applicant
entered into within the year preceding the date of application, and all
executory contracts not otherwise described pursuant to these Rules in which
the consideration exceeds $10,000.00 and indicate the general type of contract
involved and the names and addresses of the parties to the contract. A copy of
any such contracts shall be made available for inspection by the Racing
Commission on request.
(f) State
whether the applicant and principal stockholders have complied with and are in
compliance with Rule 1110.
II.
RACING
OPERATIONS(a) Indicate by actual
dates the racing dates requested by the applicant.
(b) Indicate the kind of racing to be
conducted.
(c) Describe the
pari-mutuel operation in general, and indicate in particular the terms of the
pari-mutuel ticket sales.
(d)
Describe the arrangements for food and drink concessions, and as to each
concession contract indicate the general type of contract involved and the
names and addresses of the parties to the contract. A copy of any such contract
shall be made available for inspection by the Racing Commission on
request.
(e) Describe any clubs or
other special facilities for patrons.
III.
INFORMATION SUBMITTED AFTER
APRIL 1, 1970
Any information submitted after April 1, 1970, may reference
information previously submitted under an application.
1107. In the event the control
(whether majority or less of the capital stock) of any corporation holding a
franchise for racing from the Racing Commission is to be conveyed, no sale or
conveyance shall take effect until approval is obtained from the Racing
Commission. The application of the purchases for the permission and approval of
the Racing Commission shall contain, where applicable, the same information as
is required to be furnished under Rule 1102.
DUTIES AND
OBLIGATIONS
1110.
(a) No applicant, officer, director or
principal stockholder of the applicant, nor any officer or director of any
corporation which is a principal stockholder of the applicant, nor any spouse
or lineal heir of any such person, nor any corporation in which the applicant
or an officer, director or principal stockholder of the applicant holds stock,
shall, directly or indirectly, in the name of or on behalf of the applicant,
promise or offer to give or cause or procure to be promised, offered or given,
any money, goods, present or reward, or any promise, contract, undertaking,
obligation or security for the payment or delivery of any goods, money, present
or reward or any other thing of value whatsoever, to:
(1) Any member of the Racing
Commission;
(2) Employees of the
Racing Commission; or
(3) Any
spouse, lineal heir or employee of any member of the Commission or any
corporation in which any member of the Racing Commission is a principal
stockholder, with the intent to influence the action or decision of any such
person on any question, matter, cause or proceeding concerning the applicant,
which may be pending or which may hereafter in the future be brought before any
such person in his official capacity.
(b) No officer, director or principal
stockholder of the applicant, nor any officer or director of any corporation
which is a principal stockholder of the applicant, nor any spouse or lineal
heir of any such person, nor any corporation in which an officer, director or
principal stockholder is a principal stockholder shall:
(1) contract with the applicant (except for
bona fide contract for salaries for directors and officers actually serving as
such or for professional services actually rendered); or
(2) provide goods or services that are
ultimately sold to applicant's patrons.
(c) Upon application to the Racing
Commission, but prior to entering into any such contract or doing any such
business or making any such payment or contribution, the provisions of
subsections (a) and (b) of this Rule may be waived by the Racing Commission in
its discretion if the proposed contract or the proposed business or any
proposed payment or contribution is under the circumstances advantageous to the
applicant in the conduct of its business of thoroughbred horse
racing.
(d) No license shall be
granted to any applicant if the applicant or any officer, director or principal
stockholder of the applicant has been convicted of a felony by any court of
record of any State or country.
1111. No applicant shall enter into any
contract in which the term exceeds three (3) years or the consideration exceeds
five percent (5%) of the net income of the applicant for the year immediately
preceding the date of the contract without first submitting advance written
notice thereof to the Racing Commission.
1112. Minutes of the meetings of stockholders
and directors of the applicant shall be made available to the Racing
Commission, but copies thereof need not be filed as a matter of record in the
office of the Racing Commission.
1113. The original and six (6) copies of all
applications, notices and other matters required by these Rules shall be filed
with the Racing Commission Office, 1515 Building, 1515 West
7th Street, Suite 505, Little Rock, Arkansas 72203
(Post Office Box 3076, Little Rock, Arkansas, 72203). One (1) additional copy
shall be submitted to each Commissioner at the Commissioner's address of record
on file in the office of the Racing Commission. All applications, notices and
other matters shall be verified, under oath, and all copies shall be manually
signed in ink.
1115. Members of the
Racing Commission and its designated representatives shall have the right of
full and complete entry to any and all parts of the grounds and facilities of
the franchise holder licensed to conduct racing in Arkansas.
1116. Each franchise holder shall provide and
install within its grounds:
(a) an office for
the use of the Racing Commission and its officials;
(b) stands for racing officials, which shall
be maintained in positions commanding an uninterrupted view of the entire
racing strip and which shall be subject to approval of the Racing
Commission;
(c) a suitable
telephone system between the racing officials; and
(d) a first aid room in the
grandstand.
1118. No
franchise holder shall permit the making of handbooks on the grounds. Any
person who bets with or through any such handbook shall be ejected from the
grounds and refused admission to the grounds of all other licensed franchise
holders in Arkansas, and in the case of an owner or trainer, the entries of
said owner or trainer shall be refused for all Arkansas tracks.
1119.
(a)
With prior approval of the Racing Commission and consistent with applicable
federal law, a franchise holder may enter into agreements and arrangements with
other parties pursuant to which its patrons may wager on races run at other
race tracks which are shown live by television or otherwise at locations on the
grounds at the Arkansas racetrack at any time or times during the calendar
year, and agreements and arrangements whereby its races are shown live at other
racetracks and locations. Such agreements and arrangements shall specify all
financial, wagering, distribution and other details, which shall
govern.
(b) The franchise holder
may conduct pari-mutuel wagering at locations on the grounds of the licensed
race track of the franchise holder on races run at other racetracks, even if
the races are not shown live to patrons at the franchise holder's premises for
any reason, including, but not limited to, lapses in satellite transmission,
power outage, store-and-forward digital network nodes, buffering spooling or
other electronic delays or re-transmission, or due to races being run at times
when the franchise holder's premises are not open to the public; provided that
transmission delays or replays shall not compromise the integrity of
pari-mutuel wagering by the franchise holder's patrons wagering on such races,
and provided that the terms, conditions, formats, content and agreements
relating to such races and any delays or replays thereof must be satisfactory
to the Racing Commission.
1120. Any official or other employee of a
franchise holder or any owner or trainer who unlawfully solicits bets from the
public by correspondence or other methods on any entry that is to run on a
track in Arkansas shall be suspended.
1121. No person who has been convicted of a
felony by a Court for illegal sales, possession or giving away of narcotics
shall be granted a license without prior approval of the Racing
Commission.
1122. No person or
horse ruled off or under suspension by any recognized turf authority, any
licensing body in any country or any horse franchise holder, shall be admitted
to the grounds of any franchise holder except that a jockey temporarily
suspended for a minor offense shall not be denied admittance to the
track.
1124. When a person is ruled
off any course or suspended by any recognized turf authority, any licensing
body of any State or country or any thoroughbred horse franchise holder, every
horse owned in whole or in part by the person shall be ineligible to be entered
or to start in any race until said horse has been reinstated either by the
rescission of the owner's suspension or by its transfer through bona fide sale
to an ownership acceptable to the Stewards.
1126. When a person is ruled off any course
or suspended by any recognized turf authority, any licensing body of any State
or country or any thoroughbred horse franchise holder, any horse which is under
the person's care, management, training or superintendence shall not be
qualified to be entered or to start in any race until said horse has been
reinstated by the rescission of said person's suspension or by the placement of
the horse in the hands of a licensed trainer, with such transfer approved by
the Stewards. If a trainer's suspension exceeds thirty days, a transfer of the
trainer's horses during the period of suspension to a family member or employee
of the trainer will not be approved except under extraordinary circumstances,
as determined by the Stewards.
1128. When a person is ruled off any course
or suspended by any recognized turf authority, any licensing body of any
country or any racing franchise holder, the person shall not be qualified,
whether acting as an agent or otherwise, to subscribe for or to enter or run
any horse in any race either in his own name or in that of any other person
until the rescinding of that person's suspension.
1130. A thoroughbred horse or stable ruled
off or under suspension by any recognized turf authority, any licensing body of
any State or country or any racing franchise holder shall not be permitted to
race on any Arkansas track where these Rules are in force during the
continuance of such ruling.
1132.
During the term of disqualification of any participant in racing, it shall be
the duty of the franchise holder to see to it that the privileges of the
participant's admission badge are revoked and that the participant is kept off
of the grounds, unless otherwise permitted to enter under certain conditions
and at certain times as may be provided for elsewhere in these Rules.
1133. Violators of any Rule will be subject
to ejection from the grounds and/or to fine, suspension or ruling
off.
1136. Each franchise holder
shall police its grounds at all times in such a manner as to preclude the
admission of any person in and around the stables excepting those having bona
fide business or duly licensed by the Racing Commission.
1138. Each franchise holder shall furnish to
the Racing Commission the names and addresses of all persons ejected by the
franchise holder from its grounds, together with the offense or offenses
alleged against them and any other material information relating
thereto.
1139. The officials of the
Race Meetings, in making decisions, shall be guided by the practices and
procedures that are recognized and established in the conduct of all properly
authorized Race Meetings.
1140.
Racing franchise holders shall exclude from the paddock, in the interest of
public safety, all those persons who have no immediate business with the
entries, except the members of the Racing Commission, its staff and special
representatives, and those having special permission from the franchise
holder.
1141. Each franchise holder
running a Race Meeting shall keep a separate account to be known as the Owner's
Account and shall not mingle any of the funds therein with the general funds of
the franchise holder.
1142.
Sufficient funds shall be maintained in said account to cover all monies due
owners in regard to purses, stakes, rewards and deposits.
1143. Racing franchise holders shall make
prompt written acknowledgment of stake nominations and subscriptions.
1147. All daily programs sold at the race
track must contain a prominent notice that there is an information window where
complaints may be made or filed in writing, and the exact locations of these
windows must be set forth in said notice. Daily programs sold during the live
racing meet shall contain (a) a notice that the race track is licensed by the
Arkansas State Racing Commission and operates under its regulations and (b) a
listing of the members and manager of the Racing Commission, officers and
directors of the franchise holder, and racing officials for the race
meeting.
1148. A franchise holder
shall maintain in good service a satisfactory Totalisator.
1149. The Racing Commission may require a
franchise holder to install and maintain in good service a satisfactory
photographic device, and where installed it shall be required that all finishes
be recorded by the said photographic devices. However, in the event of any
mechanical difficulty or insufficient light for a picture to be taken, the
Placing Judges shall decide the order of finish, which decision shall be
final.
1150. When finishes are so
recorded, each entry in each race shall wear a number of adequate size on the
side which at the finish will be towards the camera, corresponding to his
number on the official program.
1151. All portions of purse money earned by
horses competing in stakes races shall be made available to the owners of such
horse following the clearance of chemical analysis results from those horses
who have undergone chemical analysis in such stakes races. All portions of
purse money for horses running in overnight races shall be made available to
the owners of such horses on the next racing day following the day such horses
competed and earned purse money. Provided, however, any purse money earned by
any horse in any race may be ordered by the Stewards to be withheld, pending a
hearing and resolution of all appeals, should the chemical analysis of the
horse indicate the presence of a drug, except as allowed in Rule 1232, or for
any other good cause indicating that the horse involved (or its owner, trainer
or jockey) may have violated any rule or regulation of the Racing Commission,
or otherwise engaged in any conduct, which reasonably warrants withholding the
purse under the circumstances. Provided, further, however, should the chemical
analysis of any sample of a horse entitled to a share of the purse indicate the
presence of a drug, except as allowed by Rule 1232, the purse may be revoked at
any time up to nine (9) months following the race and ordered redistributed by
the Racing Commission. The failure of the owner or jockey of the horse testing
positive for the presence of a drug to repay the funds to the proper person(s)
as ordered by the Racing Commission shall result in the suspension and/or
revocation of the owner's or jockey's license. The money shall be repaid to the
proper person(s) for distribution as soon as possible after recovery. After the
period of nine (9) months following the race, all tests and obligations shall
be void.
1152.
(a) Every franchise holder shall carry on its
books an account which shows the total due on outstanding unredeemed mutuel
tickets, which represents the winning tickets not presented for payment.
Further, every franchise holder shall at all times maintain adequate funds to
pay said outstanding tickets.
(b)
Live Races. With respect to live races run at the
franchise holder's racing facility during the franchise holder's live race
meeting, all winning pari-mutuel tickets not presented to the franchise holder
for redemption on or before the 180th day next following the last racing day of
the live racing meet shall be void as provided in Ark. Code Ann. Section
23-110-406(b).
All moneys represented by such void pari-mutuel tickets shall be distributed as
provided in Ark. Code Ann. Section
23-110-406(b).
(c)
Simulcast Races.
With respect to races run at other racing facilities and simulcast at the
franchise holder's racing facility, all winning pari-mutuel tickets on such
simulcast races run from January 1 through the last day of the live racing meet
for such year (the "Last Live Race Meeting Day") not presented to the franchise
holder for redemption on or before the 180th day next following such Last Live
Race Meeting Day shall be void, and all winning pari-mutuel tickets with
respect to such simulcast races run after the Last Live Race Meeting Day
through December 31 of such year not presented to the franchise holder for
redemption on or before June 30 of the immediately next succeeding calendar
year shall be void. All moneys represented by any such void pari-mutuel tickets
shall be distributed by the franchise holder as provided in Ark. Code Ann
Section 23-110-406(b) in
the same manner as uncashed winning pari-mutuel tickets with respect to live
races run at the franchise holder's racing facility.
1153. No person shall be allowed to wager in
violation of any law of the State of Arkansas.
CORRUPT, FRAUDULENT AND PROHIBITED
PRACTICES
1200.
Employees of the Racing Commission, including but not limited to Stewards,
Judges, Auditors, Investigators, Racing Commission Office Manager,
Veterinarians, Secretaries, Bookkeepers, Gatemen and their assistants, and any
person acting in the capacity of a Racing Official shall not wager money or
anything of value on races at the track at which they are employed or
acting.
1201. No one interested in
the results of the race, either because of ownership of any entry, or of his
sire or dam, because of bets or otherwise, shall act as a racing official in
respect to that race.
1202. Racing
officials while serving during any Race Meeting in such capacity shall not
engage in the following:
(a) participate in
the sale or purchase or ownership of any horse racing at the Race
Meeting;
(b) be involved in any way
in the purchase or sale of any contract on any jockey racing at the Race
Meeting;
(c) sell or solicit horse
insurance on any horse racing at the Race Meeting, or make any other business
sales or solicitation not a part of the official's duties;
(d) wager on the outcome of any race;
or
(e) accept or receive money or
anything of value for such official's assistance in connection with his/her
duties.
Racing officials shall include those officials who are approved
and designated by the Racing Commission as racing officials for each live Race
Meeting.
1203.
Any person subject to these Rules shall report to the Stewards all observed
violations of the Rules.
1204. No
person shall enter, cause to be entered or start an entry that the person knows
or believes to be ineligible or disqualified.
1205. If a person wrongfully gives or offers
money, shares in a bet or provides other benefit to any person having official
duties in relation to a race, or if a person having official duties in
relations to a race wrongfully accepts or offers to accept moneys, shares in a
bet or other benefit, or if any person fraudulently offers or receives any
amount of money for the declaring any entry out of a purse or stake, then any
such person shall be in violation of this Rule.
1206. No person licensed as a jockey at
Oaklawn Park shall be owner or part owner of any horse racing at
Oaklawn.
1207. No jockey riding in
a race, nor his attendant, shall make any wager nor shall any wager be made on
the behalf of a jockey or his attendant on any horse other than the horse
ridden by said jockey in such race.
1208. No person shall offer or give a jockey
any money or other benefit in connection with a race, unless said person is the
owner or trainer of the horse ridden in said race by said jockey.
1209. No person shall assume or pay, directly
or indirectly, a fine imposed upon a jockey; provided, however, the Racing
Commission may authorize the payment of such fine by the owner or trainer of
the horse ridden by the jockey at the time of the infraction resulting in such
fine.
1210. No transfer of any
thoroughbred horse shall be made for the purpose of avoiding ineligibility or
disqualifications.
1211. A
thoroughbred horse, starting in a race, shall not be shod with ordinary or
training shoes or turn down shoes, or be allowed to start a race without shoes,
unless the Stewards grant permission to run without shoes prior to the race.
Horses entered to race or training at Oaklawn Park are prohibited from wearing
toe grabs with a height greater than four millimeters, bends, jar caulks,
stickers or any other appliance worn on the front shoes.
1212. No person shall tamper or attempt to
tamper with any thoroughbred horse in such a way as to affect his speed in a
race, nor shall he counsel or in any way aid or abet any such
tampering.
1213. Bar plates may be
used only with the consent of the Stewards.
1214. No electrical or mechanical device or
other expedient designed to increase or decrease the speed of a horse, or that
would tend to do so, other than the ordinary whip, shall be possessed by any
one or applied by any one to a horse at any time on the grounds of a franchise
holder during a Race Meeting, whether in a race or otherwise, provided this
rule is not intended to preclude any pre-race external treatments permitted
under Rule 1218(b).
1215. While
within the confines of a racetrack, its buildings or on the grounds, no person,
other than a veterinarian licensed by the Racing Commission, shall have in
his/her possession any equipment for hypodermic administration. Non-injectable
medication prescribed by a properly licensed veterinarian for an existing
condition may be possessed.
1216.
No person shall administer, permit or authorize the administration of any drug,
narcotic, stimulant, tranquilizer, depressant, local anesthetic, steroids,
NSAIDS or any substance which interferes with recognized testing procedures,
except as permitted by Rule 1232, in any manner whatsoever, internally or
externally, to any horse within 24 hours of the scheduled post time of the race
in which the horse is entered to run. The administration of any drugs or
chemical substance shall be done at the risk of the person or persons
administering, authorizing or permitting the administration, and all such
persons shall assume the risk that if the horse tests positive after an
analysis by the Racing Commission Chemist, it shall be a violation of Rule
1233, whether the drug or chemical substance was administered before or after
24 hours prior to the scheduled post time.
1217. See separate Appendix for Rule 1217(A),
(B), (C), (D), and (E) Uniform Classification Guidelines for Foreign Substances
and Recommended Penalties.
1218.
Any trainer, attendant, owner, veterinarian or other person who shall
participate in the illegal administration of any drug, medication or chemical
substance to any horse entered in a race, or otherwise tamper with an entered
horse for the purpose of enhancing or retarding the performance of such a
horse, shall be punished to such an extent as the Stewards rule.
(a) Upon receipt of a positive laboratory
report, the Stewards shall direct that no undistributed money earned by the
positive horse be awarded pending a final determination of the matter.
Distributed purse money may be ordered returned by the Stewards. If it is
determined that a violation has occurred, the purse money will be ordered
forfeited and redistributed among the other horses in the race as determined by
the Stewards. Pari-mutuel wagering shall not be affected by purse money
redistribution.
(b)
(1) External non-invasive treatments such as
icing, massage therapy, use of magnetic blanket or vibrator, or equine
chiropractic treatments may be administered prior to the time the horse is
required to be in the paddock for any race in which the horse is entered;
provided, however, such permitted external treatments shall
not include any activity involving (i) any incision or piercing of
the skin, (ii) the application of extracorporeal shock wave therapy or radial
pulse wave therapy otherwise prohibited by Rule 1217(C), or (iii) the use of
any prohibited drug or other prohibited substance.
(2) No device designed to produce localized
anesthesia at the site or underlying tissues may be used on a horse after 6:00
p.m. on the day immediately prior to any day the horse is an entry in a race.
The application of extracorporeal shock wave therapy and radial pulse wave
therapy must comply with Rule 1217(C).
(3) Any person performing any equine
chiropractic services on the grounds of the association shall consult with a
veterinarian licensed by the Commission regarding the chiropractic services to
be performed, and shall conduct such services in compliance with applicable
Arkansas law governing such services. In addition, any person performing any
equine chiropractic services on the grounds of the association must be licensed
as a vendor by the Commission, and must have such further licenses if and to
the extent required by applicable Arkansas law.
(4) Any machine or other device to be used in
connection with any chiropractic treatment on any horse on the grounds of the
association must be registered with and approved by the Commission or its
designee before use. Any machine or other device producing localized anesthesia
or electronic or other similar shock wave used in connection with any treatment
on any horse on the grounds of the association, including, without limitation,
any laser, ultrasound and nerve stimulator devices (e.g., "TENS" machine), must
be registered with and approved by the Commission or its designee before use.
Customarily used vibrators, magnetic blankets and magnetic boots are not
required to be so registered. No machine or other device which produces
localized anesthesia at the site or underlying issues lasting more than twelve
(12) hours shall be approved unless use is limited to such lead times before
racing as the official veterinarian shall determine is necessary for the
anesthesia effect to properly dissipate.
(5) Use of any machine or other device
required to be registered with the Commission or its designee under subsection
(4) of this rule on a horse on the grounds of the association must be reported
to the official veterinarian on the prescribed form not later than the time
prescribed by the official veterinarian.
1219. Repealed December 2, 2015.
1220. Any franchise holder, owner, trainer or
other licensee employing persons at Oaklawn Jockey Club who fails to hire
qualified persons for the job duties assigned to said employer's employees or
fails to adequately supervise, direct or train the employees so employed by
said employer may be fined, suspended or excluded.
1221. Any time a horse is disqualified from a
race for any reason, the purse money won by that horse shall be redistributed,
unless the Commission finds that there are special circumstances justifying the
owner, trainer or jockey sharing in the purse.
1231.
Total Dissolved Carbon Dioxide
Testing
A. Definitions
1.
Bicarbonate Loading or
"Milkshaking"-- terms used to describe the administration of
bicarbonate of soda (sodium bicarbonate or NaHCO3) or other substances that
affect total dissolved carbon dioxide levels, administered through a
nasogastric tube or by any other means, which shall be deemed to have an
adverse effect on the horse by changing its normal physiological state through
elevation of blood total dissolved carbon dioxide.
2.
Nasogastric Tube-- any
tube which can be inserted through the nose that extends into the
stomach.
B. Procedures
1. The state veterinarian may draw blood
samples from a horse for the purpose of obtaining a TCO2 (total dissolved
carbon dioxide) concentration level.
2. Blood samples for TCO2 shall be drawn at
the discretion of the State Veterinarian.
3. The TCO2 level in the blood shall not
exceed 37.0 millimole per liter.
4.
In the event a sample drawn from a horse contains an amount of TCO2 which
exceeds the levels described above, the following penalties shall apply:
a. The first time the laboratory reports an
excessive TCO2 level, the trainer shall be fined $1,000 and the purse shall be
redistributed.
b. The second time
the laboratory reports an excessive TCO2 level, the stewards shall suspend the
trainer for the duration of the race meeting plus 10 days or for a period not
to exceed 6 months, whichever is greater, impose a fine of up to $1,500, with
redistribution of the purse, and shall refer the case to the
commission.
c. For each subsequent
report of an excessive TCO2 level, the Stewards or Commission may suspend the
trainer for up to one year and impose a fine of up to $2,500, with
redistribution of the purse.
5. There shall be no split sample testing on
blood samples drawn for purposes of TCO2 testing.
6. No licensee other than veterinarians shall
possess a nasogastric tube, as described herein, on the premises under the
jurisdiction of the commission.
1232.
MEDICATION:
FUROSEMIDE (LASIX)
(1)
Furosemide may be administered intravenously to a horse, which is entered to
compete in a race. Except under the instructions of the official veterinarian
or the racing veterinarian for the purpose of removing a horse from the
Veterinarian's List or to facilitate the collection of a post-race urine
sample, furosemide shall be permitted only after the official veterinarian has
placed the horse on the Furosemide List. In order for a horse to be placed on
the Furosemide List the following process must be followed.
(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/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/her designee by the proper time
deadlines so as to ensure public notification.
(c) 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 must be made to the official veterinarian or his/her designee, on the
proper form, no later than the time of entry.
(d) After a horse has been removed from the
Furosemide List, the horse may not be placed back on the list for a period of
60 calendar days unless it is determined to be detrimental to the welfare of
the horse, in consultation with the official veterinarian. If a horse is
removed from the official Furosemide List a second time in a 365-day period,
the horse may not be placed back on the list for a period of 90 calendar
days.
(2) The use of
furosemide shall be permitted under the following circumstances on association
grounds where a detention barn is utilized:
(a) Furosemide shall be administered at the
direction of the official veterinarian no less than four hours prior to post
time for the race for which the horse is entered.
(b) A horse qualified for furosemide
administration must be brought to the detention barn within time to comply with
the four-hour administration requirement specified above.
(c) The dose administered shall not exceed
500 mg. nor be less than 150 mg.
(d) Furosemide shall be administered by a
single, intravenous injection.
(e)
After treatment, the horse shall be required by the Commission to remain in the
detention barn in the care, custody and control of its trainer or the trainer's
designated representative under association and/or Commission security
supervision until called to the saddling paddock.
(3) The use of furosemide shall be permitted
under the following circumstances on association grounds where a detention barn
is not utilized:
(a) Furosemide shall be
administered no less than four hours prior to post time for the race for which
the horse is entered.
(b) The
furosemide dosage administered shall not exceed 500 mg. nor be less than 150
mg.
(c) Furosemide shall be
administered by a single, intravenous injection.
(d) The trainer of the treated horse shall
cause to be delivered to the official veterinarian no later than one hour prior
to post time for the race for which the horse is entered the following
information under oath on a form provided by the Commission:
(i) The name of the horse, racetrack name,
the date and time the furosemide was administered to the entered
horse;
(ii) The dosage amount of
furosemide administered to the entered horse; and (iii) The printed name and
signature of the attending licensed veterinarian who administered the
furosemide.
(4) Test results must show a detectable
concentration of the drug in the post-race serum, plasma or urine sample.
(a) The specific gravity of post-race urine
samples may be measured to ensure that samples are sufficiently concentrated
for proper chemical analysis. The specific gravity shall not be below 1.010. If
the specific gravity of the urine is found to be below 1.010 or if a urine
sample is unavailable for testing, quantitation of furosemide in serum or
plasma shall be performed;
(b)
Quantitation of furosemide in serum or plasma shall be performed when the
specific gravity of the corresponding urine sample is not measured or if
measured below 1.010. Concentrations may not exceed 100 nanograms of furosemide
per milliliter of serum or plasma.
1232(A).
LASIX
Administration-2015
(a) The
Commission Veterinarian shall designate the veterinarians (each referred to
herein as a "Designated LASIX Veterinarian") authorized to
administer LASIX (furosemide) as independent contractors to horses on the
grounds of the franchise holder not less than four (4) hours before the
published post time for the race in which the horse is entered to run. The
number of veterinarians designated by the Commission Veterinarian as Designated
LASIX Veterinarians shall not be more than the number reasonably necessary, in
the reasonable judgment of the Commission Veterinarian, to appropriately and
efficiently administer LASIX (furosemide) on a timely basis to horses on the
grounds of the franchise holder as contemplated by this rule. A Designated
LASIX Veterinarian must be a veterinarian licensed and in good standing to
practice veterinary medicine under the laws of Arkansas, have sufficient
experience, reasonably satisfactory to the Commission Veterinarian, performing
veterinary services for horses, including administration of LASIX (furosemide),
and have a current malpractice insurance policy in effect with coverage
customary for veterinarians performing veterinary services on the grounds of
the franchise holder (and shall provide to the Commission Veterinarian a
customary certificate of insurance in a form acceptable to the Commission
Veterinarian).
(b) A Designated
LASIX Veterinarian may not perform other veterinary services on the grounds of
the franchise holder, or for any horse entered or expected to be entered to
race at Oaklawn during the then current racing season, except (i)
administration of LASIX (furosemide) as contemplated by this rule, (ii)
assisting as independent contractors in pre-race exams with consent of the
Commission Veterinarian, or (iii) to address emergency situations.
(c) The fee charged by the Designated LASIX
Veterinarians for LASIX (furosemide) administration shall not exceed the fair
market fee for such services. The fees charged by the Designated LASIX
Veterinarians for LASIX (furosemide) administration shall be billed to
applicable horse owner's account with the Horsemen's Bookkeeper and paid
through the Horsemen's Bookkeeper.
(d) Except as otherwise provided in
subsection (e) of this rule, no veterinarian or other person, except a
Designated LASIX Veterinarian, may administer LASIX (furosemide) to any horse
on the day the horse is scheduled to race prior to the running of the race, or
after 6:00 p.m. on the day immediately before such race day.
(e) In the event of a shortage or other
unavailability of a sufficient number of Designated LASIX Veterinarians to
appropriately and efficiently administer LASIX (furosemide) on a timely basis
to horses on the grounds of the franchise holder as contemplated by this rule,
the Commission or Stewards may authorize any licensed veterinarian to
administer LASIX (furosemide) to horses under this rule and other applicable
rules of the Commission.
1233. THE TRAINER SHALL BE RESPONSIBLE FOR
AND BE THE ABSOLUTE INSURER OF THE CONDITION OF AN ENTRY THE TRAINER ENTERS
REGARDLESS OF THE ACTS OF THIRD PARTIES. Should the chemical analysis of
saliva, urine or blood specimen detect the presence of any drug, medication or
chemical substances, including but not limited to narcotics, stimulants,
tranquilizers, depressants, steroids, NSAIDS not specifically permitted by
Rules 1217 and 1232, or any substance which interferes with testing procedures,
the trainer of the horse may, in the discretion of the Stewards, subject to
appeal to the Racing Commission, be fined, suspended and ruled off the track.
In addition, any other person responsible for the care or attendance of the
horse may be penalized as determined by the Stewards or Racing Commission.
(a) A licensed assistant trainer shall assume
the same duties and responsibilities as imposed on the holder of a trainer's
license. The designation of an assistant trainer shall not relieve the
trainer's absolute responsibility for the condition of the entry, but shall, in
addition, place the assistant trainer under such absolute responsibility. It is
the intent of this Rule that both the trainer and the assistant trainer may, in
the discretion of the Stewards or Racing Commission, be fined, ruled off or
otherwise penalized under the absolute insurer Rule for the same incident or
infraction.
(b) The trainer shall
be responsible for:
(1) Using the services of
those veterinarians licensed by the Commission to attend horses that are on
association grounds;
(2)
Immediately reporting the alteration of the sex of a horse to the horse
identifier and the racing secretary.
1234. Any person who has been convicted by
any court having proper jurisdiction of the possession or use of narcotics may
be denied a license or be ruled off.
1235. At the beginning of each racing season,
the Racing Commission may employ a Chemist for the purpose of making chemical
analysis of saliva or other excretions or body fluids taken by the Commission
Veterinarian from any entry running on any track operating under a franchise
from the Racing Commission.
1236.
If after a race a sample of saliva or other excretions or body fluids is to be
taken by the Commission Veterinarian from a horse that has competed in the
race, nothing shall be administered or given in any manner whatsoever to the
said horse (except with the permission of and in the presence of the Track
Veterinarian or Commission Veterinarian) until the Commission Veterinarian
obtains the sample.
1237. The
Commission Veterinarian, at his discretion, may administer a diuretic to any
horse from which a urine sample is to be taken in order to expedite the test of
the horse, unless the trainer of the horse shall have expressly requested
otherwise in a signed statement delivered to the Commission Veterinarian prior
to the administration by the Commission Veterinarian of the diuretic to the
horse.
1238. Every owner or his
authorized agent or trainer of any entry shall immediately, upon request by the
Racing Commission, submit any entry of which he is the owner or authorized
agent or trainer to any veterinarian designated by the Racing Commission for
such examination or tests as said veterinarian may deem advisable. The
Commission Veterinarian may detain an entry as long as he deems necessary in
order to obtain a specimen.
1239.
During the taking of the samples by the Commission Veterinarian, the owner or
trainer in each instance must be present and witness the procedure. If for any
reason the owner or trainer cannot be present, he must first advise the
Commission Veterinarian in writing the name of the person to act as his witness
when the sample is taken.
1240. The
sample so taken shall be immediately sealed in a container in the presence of
the owner, trainer or witness, and evidence of such sealing must be noted
thereon by the signature of the owner, trainer or witness. The owner, trainer,
witness or chemist appointed by them shall have the right and opportunity to
witness the examination and testing of said specimen by the Commission Chemist,
provided that a written request for same, signed by the owner or trainer, is
submitted to the Commission Veterinarian at the time of the taking of the
specimen. Thereupon, said owner or trainer will receive written notification of
the time and place of such examination and testing, and in such event the seal
of the container containing said specimens shall not be disturbed by the
Commission Chemist until the time so appointed and in the presence of the
chemist selected by the owner or trainer, if said chemist selected by the owner
or trainer is present at the time and place so appointed for the examination
and testing.
1241. Upon such
sealing of the container containing the specimens, the container shall be
encased and deposited in a large-size carrying case, all of which shall be
stored and kept while at the racetrack. Any such carrying case shall be
properly locked with an individual lock, the keys to which shall only be in
possession of the Commission Veterinarian and the Commission Chemist.
1242. The franchise holder shall make
provisions for suitable space, with a door equipped with proper lock and keys,
where such specimens can be stored by the Commission Veterinarian. The
Commission Veterinarian shall be in control and custody of all specimens until
they are transported to the Commission Chemist.
1243. The Commission Veterinarian and
Commission Chemist shall each keep, in addition to the record placed on the
containers containing the specimen, separate individual records showing date,
track, race, entry, name of owner, name of trainer, name of witness, name of
guard, name of transportation agent who delivered the specimen to the
Commission Chemist and the time and date of receipt by the Commission Chemist,
analysis made and result thereof.
1244. Every franchise holder and all
officials and employees thereof shall give every possible aid and assistance to
any department, bureau, divisions, officer, agent, inspector or any other
person connected with the United States Government or with the State of
Arkansas or any local authority who may be investigating or prosecuting any
such person they may suspect of being guilty of possessing any drug, hypodermic
needles, batteries or other similar appliances.
1245. Any horse that has been the subject of
a fraudulent practice or other violation of the Rules may be disqualified by
the Stewards for no longer period than the remainder of the calendar year.
1245(A)
(a)
Any horse exhibiting a positive response to a test for the presence of any
antibodies of any blood doping agent, including, but not limited to,
Erythropoietin, Darbepoetin, Oxyglobin and Hemopure, (a "Blood Doping Agent")
shall be ineligible to start or race until the owner or trainer, at his or her
own expense, provides proof, in a form and substance acceptable to the
Stewards, of a subsequent negative test result for antibodies of Blood Doping
Agents from a laboratory approved by the Commission, provided any such test
sample and test must be obtained and conducted under collection and test
procedures acceptable to the Commission Veterinarian. The Blood Doping Agents
to be tested for shall include Erythropoietin, Darbepoetin, Oxyglobin, Hemopure
and such other blood doping agents determined from time to time by the
Commission Veterinarian.
(b)
Notwithstanding any inconsistent provision of these Rules, the trainer of the
horse shall not be subject to application of the trainer's responsibility
penalty based solely on a finding by the laboratory that the Blood Doping Agent
first detected in the initial positive test remains present in the horse in a
subsequent sample taken from that horse for purposes of any subsequent test for
Blood Doping Agents performed on the horse in an effort to determine the
horse's re-eligibility to start and race again pursuant to subsection (a) of
this Rule.
1247. If any owner, trainer, attendant or any
person uses profane or indecent language to officials or otherwise disturbs the
peace on the grounds of the franchise holder, he or she shall be liable for a
fine, suspension, or both, or shall be ruled off.
1248. The Stewards may fine, suspend or rule
off any person who has violated the Rules of the Commission, State or Federal
law.
1249. Should any licensee of
the Racing Commission incur expenses while racing at any licensed track and
wrongfully refuses to pay the same when due and payable, or within a reasonable
time after demand, such licensee shall be deemed guilty of conduct detrimental
to the best interest of racing, and for such reason may be suspended until
proper restitution is made.
1251.
Complaints against an official or officials shall be made to the Stewards in
writing, signed by the complainant(s). Complaints charging any infraction of
any law of the State of Arkansas or Rule of the Racing Commission may be made
by any person, but if the complainant is an owner, trainer or authorized agent
and if he fails to substantiate the charge, he may be liable for a fine,
suspension or any other appropriate sanction. All such complaints shall be
reported to the Racing Commission, together with the action taken on them by
the Stewards.
1252. The Stewards
shall take notice of corrupt and fraudulent practices and other infractions of
the Laws or Rules of the Racing Commission.
1253. Stewards may exclude from all places
under their control any person who has been excluded by the appropriate horse
racing authority of any other state, territory or country from racing
facilities located in such other state, territory or country. Stewards may
decline to license, or may suspend any license theretofore granted to, and may
exclude any person who they find has violated any of these Rules, provided any
such suspension and exclusion shall be for a period not exceeding the license
year and may fine any such licensee any amount up to and including $2,500. All
fines shall be paid to the Racing Commission. If the Stewards are of the
opinion that the violation or violations involved warrant greater punishment,
they shall so report to the Racing Commission. The Stewards shall make daily
reports in writing to the Racing Commission of the rulings.
1254. When any licensee, horse or stable is
suspended by the Stewards, such suspension shall immediately become effective
on all other tracks under the jurisdiction of the Racing Commission until such
time as the case in question is decided upon by the Racing Commission.
The license of anyone ruled off of any Arkansas track for fraud
or fraudulent practice, or for violation of any of the Rules of Racing of the
Racing Commission shall thereby be revoked. When a person is ruled off for any
fraudulent practice in relation to a particular horse wholly or partly
belonging to him, he shall return all money or prizes that such horse has
fraudulently won. Fines must be paid within forty-eight (48) hours. Delinquents
may be summarily suspended. All fines shall be collected by the Racing
Commission. An unpaid fine may not be rescinded by the Stewards except with the
approval of the Racing Commission.
1255. No racing official other than the
Stewards and the Commission shall have the authority to impose a fine or
suspension for violation of the Rules or state law. In instances where the
individual rule does not specify the amount of the fine, the Stewards may
impose a fine in the amount of $2,500, and the Commission may impose fines in
the amount authorized by Arkansas law.
1256. Any persons, firms, associations or
corporation penalized or disciplined under the Law or under these Rules, or who
is otherwise aggrieved by any action, proceeding or decision of a racing
official or franchise holder licensed by the Racing Commission may appeal to
the Racing Commission for a review of such action, proceeding or decision by
requesting a hearing before the Racing Commission, which may take whatever
action it deems appropriate.
1257.
Appeals to the Racing Commission must be filed in writing at the office of the
Racing Commission within three days after the date of said action, proceeding
or imposition of said discipline or penalty.
1258. Appeals to the Racing Commission shall
be signed by the person making it, and must set forth his reasons for believing
he is entitled to a hearing.
1259.
All papers filed with the Racing Commission shall be the property of the Racing
Commission.
1260. An appeal from
any action, proceeding or decision of a racing official or franchise holder
shall not serve to stay or otherwise affect such action, proceeding or decision
until the appeal has been acted upon by the Racing Commission, unless otherwise
ordered by the Racing Commission or by a Court of competent jurisdiction.
(a) An appeal from any action, proceeding or
decision of a racing official or franchise holder, hearings on misconduct of
jockeys, owners or trainers, applications for franchises, licenses or dates to
conduct Race Meetings, and similar matters shall be heard by the Racing
Commission at an informal hearing on not less than twenty-four (24) hours'
notice. Minutes of said hearings shall be kept by the Racing Commission, which
minutes need not be verbatim.
(b)
All other hearings conducted by the Racing Commission shall be formal hearings
and governed by the following practices and procedures:
(1)
Pleadings. Pleadings before the Racing
Commission shall be by application or complaint, answer, motion and reply. All
pleadings shall be typewritten and unless otherwise required by law, filed in
duplicate with one additional copy mailed to each member of the Racing
Commission at his address of record.
(2)
Transcript. The proceedings shall be
reported and transcribed by a qualified court reporter. However, a transcript
of the proceedings shall be made at the expense of the Racing Commission only
if directed by the Chairman or any two Commission members. Minutes of the
proceedings shall be maintained by the Racing Commission and need not be
verbatim.
(3)
Notice. Except as otherwise provided by
law, not less than twenty-four (24) hours' notice of the proceedings shall be
served upon the applicant, all other parties and such persons that have
requested notice of the proceedings in writing, which request shall be directed
to the Chairman of the Racing Commission.
(c) Formal and informal hearings shall be
governed by the following practice and procedures:
(1)
Attorneys. Any person or party affected
by the proceedings shall be entitled to represent himself or be represented by
an attorney at law to be retained at his expense; provided, however, the
Chairman may prohibit an attorney from practicing before the Racing Commission
on a showing that such attorney has personally engaged in conduct in violation
of the laws of the State of Arkansas pertaining to thoroughbred horse racing or
Rules of the Commission.
(2)
Service of Complaint and Notice. Service
of all notices and complaints shall be accomplished by sending same to such
person or his agent for service. The complaint or notice must be sent by
certified or registered United States mail addressed to the recipient, with
return receipt requested, or by service by an officer authorized to serve
process. A proof of service shall be filed with the Racing
Commission.
(3)
Depositions. Upon application to the
Chairman, the Chairman may cause depositions of witnesses to be taken in such
manner as he may direct.
(4)
Public Hearings. All hearings before the
Racing Commission shall be open to the public.
(5)
Subpoena. Any party to a hearing before
this Racing Commission, including an applicant, may on written or oral motion
to the Chairman and the Commission, its attorney or any Commissioner request
the issuance of a subpoena, both ad testificandum and duces tecum, for any
witness to appear before the Racing Commission. Upon receiving the request, the
Chairman shall issue the requested subpoena directed to the Sheriff of the
County of the witness's residence or any other officer authorized by law to
serve process, requiring him to summon the person named therein to attend at a
particular time and place to testify as a witness. It may, when the Chairman so
directs, require the witness to bring with him any book, writing paper,
document, tape, record or other thing under his control. The subpoena shall be
served and the return made, as provided by law for the Circuit Courts of this
State. Any witness subpoenaed shall attend and give evidence until the matter
before the Racing Commission is decided or such witness is discharged by the
Chairman. The failure to appear and be sworn shall be punished as provided by
law.
In any case not provided for by this Rule with regard to the
issuance of subpoenas, the law of Arkansas with regard to subpoenas issued by
the Circuit Courts of this State shall apply.
(6)
Conduct of
Hearing. The Chairman shall have the power to preserve and
enforce order during any proceeding before the Racing Commission, to administer
oaths, to rule upon all questions arising during the course of the hearing, to
hold conferences before and during the hearing for the settlement or
simplification of issues, to make or recommend decisions, to compel the
attendance and testimony of the witness, to require the production of books,
papers, documents and other evidence, and generally to regulate and guide the
course of the pending proceeding. In the absence of the Chairman, a majority of
the remaining members of the Commission may select one of their number to act
as Chairman, and the acting Chairman shall thereupon be authorized to discharge
the duties of Chairman. Except as otherwise provided by Law for the conduct of
hearings by the Racing Commission, the hearings shall be conducted as
prescribed for adjudication and rule making under the Arkansas Administrative
Procedure Act.
(7)
Appearance. Unless incapacitated, a
person placing a claim or defending a privilege before the Racing Commission
shall appear in person, and may not be excused from answering questions
directed by the Commission or its attorney and supplying information
thereto.
(8)
Consolidation of Issues. Hearings
involving several applicants or complaints having a common issue may be joined
and heard together at the discretion of the Racing Commission.
(9)
Action by
Commission. All orders, findings of fact, rulings and other
formal action taking by the Racing Commission during the course of a hearing or
at the conclusion thereof shall be in writing and a copy furnished to all
parties and persons that have requested notice pursuant to subsection (b) (3)
above. Any member of the Racing Commission may submit a minority or
supplemental report or dissent. Orders of the Racing Commission and all
pleadings and applications shall be maintained on permanent file by the Racing
Commission for public inspection.
(10)
Costs. The Racing Commission may tax
appropriate costs to any person or party.
(d) Any person or party shall, upon written
application to the Racing Commission, be entitled to a formal hearing upon
posting a bond for costs thereof. The provisions of this Rule are
severable.
(e) Following the
hearing, the Commission may, at its discretion, uphold the decision of the
Stewards, overturn the decision of the Stewards, or reduce or increase any
penalties assessed by the Stewards in their ruling.
TRACK VETERINARIAN
1261. Each Association shall have a
registered veterinarian licensed to practice under the laws of Arkansas. The
Track Veterinarian shall be on the grounds at pre-post weighing in time and
during all racing hours. No Track Veterinarian, during the Track Veterinarian's
employment by the Association, shall be permitted to engage in private
veterinary practice involving thoroughbreds racing at Oaklawn Jockey Club; nor
be employed by or receive any compensation directly or indirectly from any
owner or trainer licensed by the Commission during the current Race Meeting;
nor sell or buy, for himself/herself or another, any thoroughbred; nor place
any wager in any manner on any race run at the Association; nor sell any drug
supplies; nor sell horse insurance; nor be licensed to participate in racing in
any other capacity during the course of the Race Meeting.
1262. The Track Veterinarian shall, in
general, familiarize himself/herself with the racing conditions of all
entrants, and if, in the Track Veterinarian's opinion, any entrant is not in
condition to race, the Track Veterinarian shall notify the Stewards and the
Racing Secretary at least one hour before the start of the race of the
day.
1263. The Track Veterinarian
shall be present in the paddock before each race, and shall inspect each
entrant. If, in the Track Veterinarian's opinion, any entrant is not in
condition to complete in the race, the Track Veterinarian shall immediately
notify the Stewards.
1264. In
EITHER of the aforementioned cases, the Stewards shall determine whether or not
the horse automatically goes on the Veterinarian's List. If placed on the
Veterinarian's List, the horse shall not be permitted to enter until the
Veterinarian notifies the Racing Secretary and the Stewards that the horse is
again fit to compete.
1265. The
Track Veterinarian shall be attendant to the Stewards and the Racing Secretary
at scratch time each day and shall examine such horses as they request, and
make a report to the said racing official as promptly as possible.
COMMISSION
VETERINARIAN
1266.
The Racing Commission shall appoint and employ a Commission Veterinarian during
the Race Meeting. The Commission Veterinarian shall be a veterinarian licensed
to practice under the laws of Arkansas and be in good standing. The Commission
Veterinarian shall be on the grounds at pre-post weighing in time and during
all racing hours.
1267. The
Commission Veterinarian and the Commission Veterinarian's assistants are
prohibited, except in emergency situations, from practicing veterinary medicine
on any horse owned, leased or otherwise controlled by a licensed owner or
trainer at Oaklawn Park. This prohibition applies to all horses, whether they
are housed on the track or elsewhere.
1268. The Commission Veterinarian or the
Commission Veterinarian's assistant shall obtain saliva and/or body fluids from
such horses as are designated by the Stewards or the Commission, and make such
examination and tests as from time to time may be required by the said racing
officials and Racing Commission.
1268A. An
Official Observer is a designated representative of the Racing Commission and
is authorized access and entry to all parts of the grounds of all franchise
holders licensed to conduct racing in Arkansas, and may perform any duty
delegated by the Racing Commission. All Commissioners who have served on the
Racing Commission shall be Official Observers.
ANIMAL HEALTH
1269.
(a)
All horses on the grounds of Oaklawn Jockey Club must have a record of a
negative official Coggins test conducted at an approved laboratory within the
previous twelve (12) months. Proper evidence of this test must be attached to
the foal papers, kept current and placed on file in the office of the Racing
Secretary at Oaklawn. This applies to all horses and is not limited to racing
animals.
(b) In addition, all
horses which are sold, bartered, traded, given free of charge or offered for
sale, or any horses otherwise exchanged for any reason on the grounds of
Oaklawn Jockey Club must be accompanied by a record of a negative official
Coggins test conducted at an approved laboratory within the previous six (6)
months. Both the buyer and the seller are equally and individually responsible
for meeting the Coggins testing requirements prior to the effective time of the
sale or change of ownership; provided, however, see subsection (c) below with
respect to claiming races.
(c) If
any horse claimed in a claiming race does not meet the Coggins testing
requirements set forth in subsections (a) and (b) above, it shall be the
responsibility of the buyer to (1) promptly engage an accredited veterinarian
to collect a blood sample from the horse and to have a Coggins test performed
on the blood sample at an approved laboratory, and (2) file the results of the
test with the Racing Secretary and the Racing Commission office within seven
(7) days (excluding Sundays and generally recognized holidays) after the date
of the claim.
(d) In addition to
other potential penalties under applicable law, failure by claimant to comply
with the forgoing testing requirements shall be considered a violation of this
Rule, and the claimant shall be subject to penalties as determined by the
Racing Commission, including possible suspension or fines up to $1,000 per day
for each subsequent day with which the claimant fails to comply with this
Rule.
(e) For purposes of this
Rule, an "approved laboratory" means a laboratory that is approved by the USDA
and the State Veterinarian to conduct an official test for equine infectious
anemia.
(f) Twenty-four hour ban.
(1) Except as provided in 1232, no substance
shall be administered to a horse entered to race by hypodermic injection within
24 hours prior to the scheduled post time for the race in which the horse is
entered;
(2) No foreign substance
shall be administered to a horse entered to race by oral administration,
nasogastric tubing, topical administration that can penetrate the skin, rectal
infusion, suppository or inhalation, within 24 hours prior to the scheduled
post time for the race in which the horse is entered.
(g) Humane Treatment of Horses.
(1) No person shall subject any animal to any
form of cruelty, mistreatment, neglect, abuse, abandonment or injury on the
grounds of a track licensee;
(2) No
person shall deprive any animal of necessary care, sustenance, shelter or
veterinary care on the grounds of a track licensee.
(h) Observe Sanitary, Safety Human Rules
A trainer shall see to it that the stables and immediate
surrounding area assigned to him or her are sanitary at all times and that the
common livestock practices are observed and that the fire prevention rules
(especially no-smoking in the stable area) are strictly observed at all
times.
1270.
Postmortem Examination
(1) The
Commission may conduct a postmortem examination of any horse that is injured in
this jurisdiction while in training or in competition and that subsequently
expires or is destroyed. In proceeding with a postmortem examination the
Commission or its designee shall coordinate with the trainer and/or owner to
determine and address any insurance requirements.
(2) The Commission may conduct a postmortem
examination of any horse that expires while housed on association grounds or at
recognized training facilities within this jurisdiction. Trainers and owners
shall be required to comply with such action as a condition of
licensure.
(3) The Commission may
take possession of the horse upon death for postmortem examination. The
Commission may submit blood, urine, other bodily fluid specimens or other
tissue specimens collected during a postmortem examination for analysis . Upon
completion of the postmortem examination, the carcass may be returned to the
owner or disposed of at the owner's option.
(4) The presence of a prohibited substance in
a specimen collected during the postmortem examination may constitute a
violation.
The cost of Commission-ordered postmortem examinations, testing
and disposal shall be borne by the Commission.
1271.
Physical Inspection of
Horses
A. Assessment of Racing
Condition
(1) Every horse entered to
participate in an official race shall be subjected to a veterinary inspection
prior to starting in the race for which it is entered. Trainers with horses on
the grounds of the franchise holder must post the "in-today" tags provided by
the franchise holder above the stall of every horse under the care of the
trainer that is entered to run that day. The "in-today" tags for horses stabled
on the grounds of the franchise holder must be posted by 6:00 a.m. on the
morning of the race. Trainers who are stabled off track and are using the
Receiving Barn must have their horses that are entered to race that day in a
stall posted with the "in-today" tag provided by the franchise holder by 10
a.m. on the day of the race for which the horse is entered.
(2) The inspection shall be conducted by the
Commission Veterinarian or his designated assistant(s). The appointment of any
designated assistant of the Commission Veterinarian shall be subject to
approval by the Commission.
(3) Any
horse entered to race stabled on the grounds of the franchise holder must be
available and ready for pre-race inspection beginning at 6:00 a.m. on the day
of the race for which the horse is entered. Horses stabled off track that are
using the Receiving Barn, must be on the grounds of the franchise holder and
available and ready for pre-race exam by 10 a.m. on the day of the race for
which the horse is entered. (NOTE: If a horse stabled off track is running on
Furosemide (Lasix), the horse must be present on the grounds of the franchise
holder a full four (4) hours prior to post time to comply with the time
deadline contained in Rule 1232 for the administration of Furosemide (Lasix)
which must be administered by a licensed Veterinarian on the grounds of the
franchise holder no less than four (4) hours prior to post time.)
(4) The trainer of each horse or a
representative of the trainer must present the horse for inspection as required
by the examining veterinarian. Horses presented for examination must have
bandages removed; and the legs must be clean. Horses may not be placed in ice
on race day, until after the conclusion of the pre-race examination by the
Commission Veterinarian; nor shall any device or substance be applied that
impedes veterinary clinical assessment.
(5) The assessment of a horse's racing
condition shall include:
(a) Proper
identification of each horse inspected;
(b) Observation of each horse in
motion;
(c) Manual palpation and
passive flexion of both forelimbs;
(d) Visual inspection of the entire horse and
assessment of overall condition;
(e) Clinical observation in the paddock and
saddling area, during the parade to post and at the starting gate, during the
running of the race, and following the race until the horse has exited the race
track; and,
(f) Any other
inspection deemed necessary by the Commission Veterinarian.
Unless otherwise directed by the Commission or Stewards, the
functions set forth in subsection 5(e) of this rule shall be performed by the
Track Veterinarian.
(6) The Commission Veterinarian shall
maintain a permanent continuing health and racing soundness record of each
horse inspected.
(7) The Commission
Veterinarian is authorized access to any and all horses on the grounds of the
franchise holder regardless of entry status.
(8) If, prior to starting, a horse is
determined to be unfit for competition, or if the veterinarian is unable to
make a determination of racing soundness, the veterinarian shall recommend to
the Stewards that the horse be scratched.
(9) Horses scratched upon the recommendation
of the examining veterinarian shall be placed on the Veterinarian's
List.
RULES FOR THOROUGHBRED RACING OFFICIALS &
DUTIES
2000. The
racing officials of a Race Meeting shall include a Clerk of Scales, a
Handicapper, a Paddock Judge, three Placing Judges, a Racing Secretary who may
also be the Handicapper, an Assistant Racing Secretary, a Claim Clerk, a horse
Identifier, a Starter, three Stewards, Commission Clocker, a Track
Superintendent, a Track Veterinarian, a State Veterinarian, two Outriders, and
others as determined pursuant to Rule #1202.
2001. One of the Stewards for each Race
Meeting and one Placing Judge shall be named by the Racing Commission. The
franchise holder holding the Race Meeting shall name the second, and the Racing
Commission and the franchise holder together shall name a third. All other
officials therein designated shall be appointed by the franchise holder holding
the Race Meeting. All the appointments, including the Stewards, are subject to
the approval of the Racing Commission, which reserves the right to demand a
change of personnel for what it deems good and sufficient reasons. The
successors to officials so replaced are subject to the approval of the
Commission. The franchise holder is hereby directed to submit to the Commission
the names of the officials prior to the start of any Race Meeting.
CLERK OF SCALES
2003. The Clerk of Scales shall weigh all
jockeys out and in.
2004. The Clerk
of Scales shall record and publish on the notice Board any overweight or any
change of jockey, weight or racing colors as compared with those stated on the
official program, and shall promptly supply all proper racing officials with
all pertinent changes.
2005. The
Clerk of Scales shall promptly report to the Stewards any infraction of the
Rules with respect to weight, weighing or riding equipment.
2006. The Clerk of Scales shall be
responsible for completion of all data required on the Scale Sheet, and submit
that data to the Horsemen's Bookkeeper after the running of each
race.
HANDICAPPER
2007. The Handicapper, who may be the Racing
Secretary, shall assign the weights to be carried by each horse in a
handicap.
2008. The Handicapper
shall append to the weights for every handicap the day and hour from which
winners will be liable to weight penalty.
2009. If there are no penalties, that fact
shall be appended to the weights. No alteration of weights shall be made after
publication.
2010. In case of
omission through error of the name or weight of a horse duly entered, the
omission shall be rectified by the Handicapper.
JOCKEY ROOM
2011. It shall be the duty of the Jockey Room
Custodian, working under the Stewards' supervision, to see to it that order,
decorum and cleanliness are maintained in the jockey and scale rooms.
2012. The Custodian shall assist the Clerk of
Scales in any way that official requires.
2013. The Custodian shall see to it that no
person, other than racing officials, the Racing Commission and the necessary
jockey room attendants are admitted to the jockey room on a race day without
consent of the Stewards for each time of entry.
2014. The Custodian shall oversee the care
and storage of all racing colors.
2015. The Custodian shall oversee the valets
and their duties.
2016. The
Custodian shall see to it that no valet not approved by the franchise holder is
permitted to assist any jockey at any time.
2017. The Custodian shall report to the
Stewards any irregularities that occur in his presence or in the jockey
room.
2018. The Custodian shall see
to it that jockeys are neat in appearance and attired in keeping with the Rules
when they leave the room to ride in a race.
PADDOCK JUDGE
2019. The Paddock Judge shall report any
irregularities to the Stewards.
2021. The Paddock Judge shall keep a record
of all equipment carried by all horses in all races under his jurisdiction, and
shall permit no change in equipment not authorized by the Stewards.
2022. The Paddock Judge shall in each and
every race require the Plater in attendance in the paddock to see to it that
all horses are properly shod.
PLACING JUDGES
2025. The Placing Judges shall occupy the
Placing Judges' stand at the time the horses pass the finish line in each and
every race, and their duty shall be to place and record all horses in the order
of their finish in each race.
(a) The Placing
Judges shall properly display the numbers of the first four horses in each race
in the order of their finish.
(b)
When the Placing Judges differ in their placing, the majority shall
prevail.
(c) The Placing Judges
shall make public their decisions as promptly as possible.
(d) If it is considered advisable to consult
a picture from the finish camera, the Placing Judges shall post without waiting
for a picture such placements as are in their opinion unquestionable, and after
consulting the picture make the other placements.
(e) In determining the places of the horses
at the Finish of a race, the Placing Judges shall consider only the relative
position of the respective noses of such horses.
(f) After, and not until the outrider shall
have communicated no-claim/no-protest status to the Stewards, as contemplated
by Rule 2363, the Stewards shall notify the Placing Judges when the result is
"Official." If the outrider does not communicate no-claim/no-protest status to
the Stewards, then after, and not until, the jockeys riding the first five
horses to finish have been weighed in, the Clerk of Scales shall so notify the
Stewards, and the Stewards shall then notify the Placing Judges when the result
is "Official."
(g) Upon receipt of
such notice, the Placing Judges shall promptly display the sign
"Official."
(h) There shall be no
alteration of placement after the sign "Official" has been purposely displayed
without approval of the Stewards.
(i) Nothing in these Rules shall be construed
to prevent the Placing Judges, with the approval of the Stewards, from
correcting an error before the display of the sign "Official", or from
recalling the sign "Official" in case it has been displayed through
error.
(j) The Placing Judges shall
each day file with the Commission a copy of the official placement of the first
five horses in each race of that day, and shall supply to other officials such
information in the respect to the racing as the franchise holder may
require.
RACING SECRETARY
2026. The Racing Secretary shall compile an
official program for each racing day, which shall state the time fixed for the
first race and give the names of the horses which are to run in each of the
races of the day.
2027. The program
shall indicate the order in which each race is to be run, the purse conditions,
the jockey of each horse, each owner's racing colors, the weight assigned to
each horse and each horse's name, number, post position, color, sex, age and
breeding. The program may show other pertinent data.
2028. The Racing Secretary shall be
responsible for the format of the Scale sheet.
2029. The Racing Secretary shall receive all
entries and declarations, and he or any other person designated by the
franchise holder may receive all stakes, forfeits, entrance monies, fees
(including Jockey's fee), purchase money in claiming races and all other money
that can properly come into his possession as agent for the franchise holder
for which he is acting.
2030. The
Racing Secretary or other persons designated by the franchise holder shall pay
over when due all monies collected by them to such persons as may be entitled
to receive same.
2031. The Racing
Secretary shall have the right to inspect any trainer's or jockey's license or
partnership papers; all papers and documents with respect to a contract between
a jockey and his employer or employers; papers relating to the appointment of
authorized agents or jockey agents; and papers related to the adoption of
colors or to assumed names.
2032.
It shall be the duty of the Racing Secretary to assign to applicants such
stabling as he may deem proper to be occupied by horses in preparation for
racing, and he shall determine all conflicting claims of stable
privilege.
OFFICIAL STARTER
2034. Only the Official Starter or a deputy
approved by the Official Starter and by the Stewards may start a
race.
2035. The Official Starter
shall give all orders and take all measures necessary to insure a fair
start.
2036. The Stewards' decision
as to the validity of a start shall be final. Likewise, the Stewards' decision
as to whether or not a horse was locked in the gate shall be final. The
Stewards' decisions shall be made in consultation with the Official
Starter.
2037. The Official Starter
may appoint the Official Starter's assistants, subject to the approval of the
Stewards.
2038. Horses are in the
hands of the Official Starter from the moment they enter the track on the way
from the paddock to post. They remain in the Official Starter's hands until off
time.
2039. In case the alignment
of the horses at the post is delayed, the Official Starter may permit jockeys
to dismount and their mounts to be attended.
2040. If after reaching the starting post a
horse is so badly injured as to make it impractical or impossible for the horse
to run in a race, the Official Starter may, in the interest of saving time,
excuse that horse, but must notify the Stewards before the Official Starter
starts the race. Any horse so excused shall to all intents and purposes be
considered as excused by the Stewards.
2041. Horses shall take their positions in
numerical order from the inside rail, that order to be determined by post
positions.
2042. All flat races
shall be started out of a stall gate.
2049. The start shall not be unduly delayed
on account of bad mannered horses.
2050. The Official Starter shall maintain a
schooling list, and all horses placed by the Official Starter on said list
shall be required to school to barrier or starting gate under the personal
supervision of the Official Starter or the Official Starter's
assistants.
2051. Only the Official
Starter shall have the authority to designate the horses named to the schooling
list.
2052. The Official Starter
shall file a copy of the schooling list with the Racing Secretary.
2053. The Official Starter shall report to
the Racing Secretary as soon as a horse on the list has been schooled
sufficiently to be permitted to start.
2054. A horse will not be eligible to start
until the Official Starter orders the name stricken from the Official Starter's
schooling list.
2055. The Stewards
and the Commission may fine or suspend a jockey for disobedience of orders, for
attempting to gain an unfair advantage, or for otherwise violating the
Rules.
2057. Neither the Official
Starter nor the Official Starter's assistants shall mistreat or use abusive
language to a jockey.
2058. The
Official Starter's approval must be obtained of the starting ability for all
horses that have never started at a recognized meeting.
2059. A false start is void, and the horses
shall be started again as soon as practical. Any horse running the course from
a false start may be excused from the true race by the Stewards.
2060. If a horse is locked in the gate or if
the Official Starter excuses a horse from a race, the Official Starter shall
immediately notify the Stewards, who in turn shall immediately notify the
Manager of the Pari-mutuel Department.
STEWARDS
2061. The Stewards shall have the power to
interpret the Rules and to decide all questions not specifically covered by
them.
Any person acting as a Steward at Oaklawn Park shall have the
following minimum qualifications:
(a)
EXPERIENCE:
(1) At least three years (an
average of 75 live race dates per year) of experience as a licensed racing
official, (i.e., Racing Secretary, Patrol Judge, Paddock Judge, Clerk of
Scales, Starter, Placing Judge or other racing official as designated by the
Racing Commission);
(2) at least
five years (an average of 100 starts per year) of experience in the pari-mutuel
horse racing industry as a licensed trainer or jockey, with two years (an
average of 75 live race dates per year) of experience as a licensed racing
official;
(3) at least ten years of
experience in the pari-mutuel horse racing industry as a licensed owner, whose
experience, knowledge, ability and integrity relative to the industry are
deemed sufficient by the Racing Commission, with two years (an average of 75
live race dates per year) of experience as a licensed racing
official;
(4) be presently employed
as a Steward for a length of time in the opinion of the Racing Commission to
otherwise meet the experience requirements deemed necessary by the Racing
Commission for the Steward position; or
(5) such experience in the horse racing
industry in a position or positions and for a length of time sufficient, in the
opinion of the Racing Commission, to otherwise satisfy the experience
requirements deemed necessary by the Racing Commission for the Steward
position.
(b)
REQUIREMENTS FOR ATTENDANCE AT ACCREDITED STEWARD SCHOOLS, SEMINARS, AND
WRITTEN/ORAL EXAMINATIONS:
(1) Persons with
five years (an average of 75 race days per year) of experience as a licensed
Steward need only attend a short course (of at least two days or 16 hours)
given by an accredited Stewards' school, and pass the standard written and oral
examinations.
(2) Persons with less
experience than the persons included in subsection (b) (1) above must complete
a course of at least seven days or 60 hours and pass the standard written and
oral examination.
(3) All
applicants may take the written and oral examinations in sections. Any person
failing any section of the examination may retake said section a maximum of two
times without retaking the full exam.
(c) REQUIREMENTS FOR CONTINUING EDUCATION:
(1) All accredited Stewards, in order to
maintain their accreditation, must attend a continuing education seminar of at
least two days or 16 hours given by an accredited Stewards' school at least
once every two years.
2062. In matters pertaining to racing, the
orders of the Stewards supersede the orders of the officers and directors of
the franchise holder.
2063. The
Stewards shall have the power and duty to regulate and govern the conduct of
all racing officials and of all owners, trainers, jockeys, grooms and other
persons attendant to horses during, before and after races, unless the power
and the duty is reserved to the Racing Commission.
2064. The Racing Commission, its delegated
agents, or Stewards investigating for violations of law or the Rules of the
Racing Commission, and other persons authorized by the Racing Commission or
Stewards, shall each have the power to conduct searches of persons licensed by
the Racing Commission, employees and agents of the franchise holder and
employees and agents of vendors conducting business on the grounds of the
franchise holder, including, without limitation, searches of any and all such
persons' personal effects and property in the person's possession or control.
The Racing Commission shall have the power to authorize its agents to enter and
search stables, rooms, vehicles and other places both on the Association
Grounds and at other tracks or locations where horses eligible to race at said
Racing Meeting are kept. Each such licensee, employee, agent and vendor, as a
condition of licensing or in accepting employment or conducting business on the
grounds of the franchise holder, shall be deemed to have granted consent to
such search and to have waived and released any and all claims or possible
actions for damages by virtue of any action taken under this Rule.
2065. All entries and declarations shall be
under the supervision of the Stewards.
2066. The Stewards shall have the power to
determine all questions arising with reference to entries and racing.
2067. All questions pertaining to which their
authority extends shall be determined by a majority vote of the
Stewards.
2068. The Stewards shall
have the power to punish for violation of the Rules any person subject to their
control, and in their discretion to impose fines or suspensions, or both, for
infractions.
2069. The Stewards may
at any time require any licensee having direct physical contact with horses or
direct responsibility for some portion of the day's racing program, or whose
duties place him or her in a position of danger, or who commits an act that
endangers a horse or human to provide breath or urine samples for analysis. If
a licensee declines to provide a sample, or if a sample shows a positive level
of any nonprescription, prohibited or illegal drug, or an alcohol concentration
greater than 0.05 % and 0.00% for jockeys, the Stewards may decline to license
or may suspend any license theretofore granted to, and may exclude any such
person for a period not exceeding the licensing year and may fine any such
person any amount up to the maximum amount permitted by Arkansas law.
2070. The Stewards may suspend a person or
disqualify a horse.
2071. The
Stewards shall have the power to exclude or eject from all premises and
enclosures of the franchise holder any person who is disqualified for corrupt
practices on the turf in any country, or so exclude or eject any other improper
or objectionable persons.
2072. The
Stewards may demand proof that a horse is not disqualified in any particular
and is not entered or owned in whole or in part by a disqualified or ineligible
person, or trained in whole or in part by a disqualified or ineligible
person.
2073. If the Stewards deem
the proof demanded under Rule 2072 unsatisfactory, they may declare the horse
disqualified.
2074. The Stewards
shall have the power to examine or cause to be examined any horse stabled on or
off the grounds of the franchise holder.
2075. The three Stewards must be on duty
during the race time, which shall mean from one hour before post time for the
first race of the day until after the last race of the day has been made
official.
2076. At least one of the
Stewards must be on duty within call of the Racing Secretary from the time of
the opening of overnight entries each morning until after the drawing of post
positions.
2077. If there is only
one Steward present at race time, said Steward shall appoint two other
qualified persons to act with him as Steward pro tem.
2078. If only two Stewards are present at
race time, they shall by agreement appoint a deputy for the absent Steward;
but, if unable to reach such an agreement, shall call upon the Racing Secretary
to appoint said deputy.
2079. If
none of the Stewards are present at race time, the Racing Secretary shall
appoint three qualified persons, one of whom may be himself, to act as Stewards
pro tem.
2080. Appointment of any
deputy or deputies for a Steward or Stewards shall be reported immediately to
the Racing Commission and its approval obtained as soon as
practicable.
2081. When a vacancy
occurs among the racing officials, other than the Stewards, prior to post time
of the first race of the day, or when a vacancy occurs after the racing of the
day has started, the Stewards shall immediately fill the vacancy. The
appointment shall be effective only for the day, unless the franchise holder
fails to fill the vacancy on the following days and to notify the Stewards of
its action not less than one hour before the post time of the first race of the
day.
2082. Such appointments shall
be reported immediately to the Racing Commission.
2083. The Stewards shall take notice of any
questionable conduct with or without complaint thereof.
2084. The Stewards may substitute a jockey of
their selection on any horse.
2085.
The Stewards may place any horse in the temporary charge of a trainer of their
selection.
2086. It shall be the
duty of the Stewards to see to it that horses arrive at the starting post as
nearly as practical at the advertised post time.
2087. All horses in every race shall return
to the finish area immediately following the race and be held until released by
the Stewards.
2088. In case of
accident or casualty to a horse before off time, the Stewards may excuse said
horse.
2089. The Stewards must
investigate promptly and render a decision in every protest and in every
complaint properly made to them.
2090. The Stewards shall report all protest
and complaints to the Racing Commission as soon as received by them, and shall
make prompt report to said Racing Commission of their decision.
2091. The Stewards shall before the close of
each day file with the Racing Commission a signed report of any and all
infractions of the Rules coming under their observance that day, and shall file
with the Racing Commission all rulings on infractions or otherwise as soon as
said rulings are made.
2092. During
the term of suspension of any jockey, owner, trainer, or other person on any
racetrack under the Racing Commission's jurisdiction, it shall be the duty of
the Stewards to see to it that the offender's badge is taken up and that he is
refused admission to any part of the course.
2093. Except in emergencies, no Steward shall
grant permission for a change of a horse's equipment after the close of entries
for the race in which the changed equipment is to be carried.
2094. Whenever the Stewards have reasonable
cause to believe that a licensee has committed an act or engaged in conduct in
violation of any law or any Rule of the Racing Commission, the following
procedures will apply:
(a) The licensee shall
be immediately subject to such intermediate conditions, limitations and
restrictions as the Stewards decide necessary to insure compliance with
applicable laws and Rules.
(b) The
licensee shall be summoned to a meeting of the Stewards called for the purpose
of investigating suspected or alleged violations by the licensee, at which all
Stewards shall be present. The licensee may request a continuance for good
cause, but a continuance shall not stay any intermediate condition, limitation
or restriction.
(c) The summons
given to the licensee shall be in writing and shall give notice of the date,
time, place and purpose of the Stewards' meeting, and shall specify the laws or
Rules allegedly violated.
(d) Every
person called to testify before the Stewards at such meeting is entitled to
have counsel or an observer of the person's choosing present at the meeting;
however, such counsel or observer may only participate under such conditions or
in such manner as the Stewards direct.
(e) If a licensee, after receiving notice of
a Stewards' meeting, fails to appear as summoned, the licensee will be deemed
to have waived any right to appear and present evidence to the
Stewards.
(f) No announcement of
the meeting or of the alleged infraction of laws or Rules shall be made until
after the Stewards' meeting, when the Stewards shall transmit a signed written
decision to the Racing Commission and to the licensee containing the Stewards'
findings and the penalty imposed.
(g) The Stewards may issue a written
directive or order requiring any licensee to submit documents or personally
appear as part of a Stewards' investigation or inquiry.
(h) The Commission is not bound by the
findings or penalties imposed by the Stewards. In any appeal to the Commission
from a Stewards' Ruling, the Commission shall determine all issues de
novo.
(i) The Stewards
shall maintain a "List" of horses that they determine exhibit poor or
inconsistent performances during a race. Horses placed on the "List" will not
be allowed to enter a race until the Stewards have given the owner / trainer
permission to enter the horse in a race subsequent to the date the horse is
placed on the "List."
(j) The
Stewards shall also place a horse on the Stewards' "List" when the Stewards
determine there are questions or issues involving the proper owner(s) of the
horse. All issues involving the ownership of a horse must be resolved prior to
entry in a race, unless otherwise approved by the Stewards.
(k) No owner or trainer shall move, or permit
to be moved, any horses in a trainer's care to another trainer without
immediately notifying the Stewards.
METHOD OF TIMING
2095. The Stewards shall determine the
official time of each race.
2096.
When electric timing is used, the timing device will be checked for accuracy at
the discretion of the Stewards.
2097. The time shall be announced or
displayed on the Information Board located in view of the public.
2098. A written report of the time of each
race shall be made to the Clerk of Scales for the reports to the Racing
Secretary.
COMMISSION CLOCKER
2099. The Commission Clocker shall be
appointed by the Racing Commission and paid by the franchise holder. The
Commission Clocker and his assistants will be responsible for recording
official workouts each day. Official workouts that are not reported in The
Daily Racing Form shall be tabulated by the Commission Clocker and posted for
public viewing in a conspicuous place.
2099.1
(a)
(1) A
horse shall not be taken on the track for training or a workout except during
hours designated by the Association.
(2) The trainer or rider shall identify the
horse and distance to be worked to the Official Clocker or his
assistant.
(3) A horse which has
not started for a period of sixty (60) days or more prior to race day must have
at least two (2) official published timed workouts within the previous thirty
(30) days prior to race day, at least one (1) of which must be at a distance of
four (4) furlongs or more. The workouts must have occurred at a pari-mutuel
horse racing facility or recognized horse training facility, approved by the
Stewards
(4) A horse which has not
started for a period of six (6) months or more prior to a race day must have
three officially published timed workouts, two of which must be within 30 days
of the race and one of which must be at a distance of four (4) furlongs or
more. A horse which has not started for a period of six (6) months or more must
also undergo a physical examination by a regulatory veterinarian and be
approved in writing by the regulatory veterinarian prior to being entered in a
race. The workouts must have occurred at a pari-mutuel horse racing facility or
a recognized horse training facility, approved by the Stewards.
(5) First time starters must have three (3)
or more official published timed workouts within the previous sixty (60) days
prior to race day, (i) two (2) of which must be within the previous thirty (30)
days prior to race day, (ii) at least one (1) of which must be at a distance of
four (4) furlongs or more, and (iii) at least one (1) of which must be a
workout starting out of the gate within the previous thirty (30) days prior to
race day. The workouts must have occurred at a pari-mutuel horse racing
facility or recognized horse training facility approved by the
Stewards.
(6) The Association may
impose more stringent workout requirements.
TRACK
SUPERINTENDENT
2100. It shall be the duty of the Track
Superintendent to supervise the upkeep of the course in its preparedness for
training and racing.
2101. The
Track Superintendent shall exercise such control over the course as may be
necessary to protect its condition and the rights of all parties entitled to
its use, and the Track Superintendent shall be responsible for sanitary
conditions.
2102. It is also the
duty of the Track Superintendent to preserve order, enforce decorum and prevent
petty games of chance on the grounds of the franchise holder at such times as a
Race Meeting is not in progress. When a Race Meeting is in process, those
duties shall fall upon the franchise holder's police force.
LICENSES, REGISTRATIONS AND FEES FOR
PARTICIPANTS IN RACING
2103. All owners, trainers jockeys, jockey
agents, handlers, attendants, employees of a stable or franchise holder, and
all other persons, firms, associations or corporations patronizing or
participating in a Race Meeting are subject to the laws of the State of
Arkansas and the Rules and the Regulations promulgated by the Racing
Commission, and all such persons, firms, associations or corporations shall
abide by said laws and the Rules of the Racing Commission. Further, said
persons, firms, associations or corporations shall abide by the decisions of
the racing officials on any and all questions to which their authority
extends.
2104. All applications for
licenses and registrations to participate in racing shall be filed with the
Commission on forms supplied by it or by a national licensing organization. No
owner shall be eligible to start a horse unless his/her completed license
application is on file in the Racing Commission Office, Oaklawn Jockey Club, no
later than 3 P.M. (central time) the day before the race, unless otherwise
approved by the Board of Stewards.
2105. The appropriate fees shall accompany
each application. Licenses may be issued for one or three years. Such license
or registration shall expire December 31st of the
year of expiration.
2106. No
application for a license or registration shall be approved, and no license or
registration will be issued by the Racing Commission unless satisfactory
evidence is first presented that the applicant will participate in the Race
Meeting for which the license or registration is sought.
2107. All applications for licenses and for
registrations must be approved by the Stewards of the Race Meeting before any
action on the application will be taken by the Racing Commission. Before
approving any application for a license or registration, it shall be the duty
of the Stewards to ascertain whether the applicant or registrant is qualified
as to ability and integrity for the license or registration sought either by
oral or written examination.
2108.
In considering each application for a license, the Stewards of the Race Meeting
or the authorized representatives of the Racing Commission may require the
applicant as well as his endorsers to appear before them and show that said
applicant is qualified in every respect to receive their recommendation for the
granting of the license.
2109. Any
person to whom a license has been issued by the Racing Commission may have his
license revoked due to corrupt, fraudulent or improper practices or conduct on
the part of the licensee. All licenses granted shall be subject to the
conditions set forth in the application therefore, and the Racing Commission
shall have full discretion to suspend or revoke the same for any infraction of
the conditions of the application for license and the Rules and Regulations of
the Racing Commission.
2110.
(a) The following persons shall secure a
license from the Commission and the annual fee shall be as follows:
Owner
|
$60.00
|
Partnership
|
$60.00
|
Stable Name
|
$60.00
|
Trainer/Asst. Trainer
|
$55.00
|
Jockey/App. Jockey/Jockey Agent
|
$55.00
|
Veterinarian
|
$45.00
|
Authorized Agent
|
$38.00
|
Horseshoer
|
$35.00
|
Employee
|
$ 5.00
|
(b)
Any person employed on the grounds of a franchise holder by the franchise
holder or its lessees, or by any concession licensed or permitted to operate on
the grounds of the franchise holder must secure an employee license from the
Racing Commission, and the issuance of such licenses will begin the week prior
to the opening of the Race Meeting.
(c) The following must be registered annually
with the Racing Commission, and the fee payable for such registration shall be
as follows:
Stable Names
|
$20.00
|
Partnership or Corporation
|
20.00
|
(d)
Each owner, member of a partnership which is licensed as an owner, stockholder
or member of a corporation which is licensed as an owner, and registrant for
stable name shall, simultaneously with the filing of an application for such
license or registration of such stable name, also register the colors used by
such owner, partnership, corporation or stable.
(e) Any person to whom a license has been
issued by the Racing Commission and whose duties require that such person have
access to the stable area shall have a photographic identification on his
person at all times while in the area. All other persons must obtain a
visitor's pass from the Racing Commission before entering the stable area.
Persons failing to have a photographic identification badges or failing to
obtain a visitor's pass before entering the stable area are subject to ejection
from the grounds and/or to fine, suspension or ruling off.
The identification system for licensed personnel shall consist
of:
(1) A tamper proof badge
containing the name of the track, the year of issue, color photograph of the
individual to whom issued, his name, his position or occupation, the signature
of said individual, the date the badge was issued and any other pertinent
information which the Racing Commission may require.
(2) The Racing Commission shall keep a list
of the names of the individuals to whom photographic identification badges have
been issued, the date of the issue and the position or occupation of each
individual. Replacement for lost or mutilated badge is $5.00. A visitor's pass
shall consist of a numbered, laminated badge, with clasp, to be worn in plain
view. A log of all persons to whom a visitor's pass has been issued shall be
maintained by track security at the main stable gate.
2111. No license shall be issued
by the Racing Commission to any person who:
(a) owns, operates or has an interest in any
bookmaking, pool selling or other illegal enterprise, or who is or has been
connected with or associated with any person engaged in bookmaking, pool
selling or other illegal enterprise;
(b) has been convicted or found guilty of a
crime, excluding minor traffic offenses (provided, the Racing Commission may,
in its discretion, grant a license where the applicant has been found guilty of
a crime);
(c) is unqualified, by
experience or otherwise, to perform the duties required of such
applicant;
(d) has been or is
habitually intoxicated or addicted to drugs;
(e) fails to disclose the true ownership or
interest in any and all thoroughbred horses, as required by the Racing
Commission (provided, the Racing Commission may, in its discretion, grant a
license in such circumstances where the Racing Commission finds that the
failure to disclose was not intentional or the applicant rectifies the failure
to disclose to the satisfaction of the Racing Commission);
(f) makes misrepresentations or false
statements in the applicant's application for a license (provided, the Racing
Commission may, in its discretion, grant a license in such circumstances where
the Racing Commission finds that the misrepresentation or false statement was
not intentional or the applicant rectifies the misrepresentation or false
statement to the satisfaction of the Racing Commission);
(g) is engaged in any activity or practice
that is undesirable or detrimental to the best interest of the public and the
sport of racing; or
(h) is less
than sixteen (16) years of age.
2112. An applicant desiring to practice
veterinary medicine at a racetrack in Arkansas must present the applicant's
Arkansas veterinary license certificate and/or copy of the applicant's current
year's renewal certificate indicating that the applicant holds an active
license to practice veterinary medicine in Arkansas. If the applicant holds a
Drug Enforcement Administration number, it must be listed on the application.
(a) Every veterinary license is issued by the
Racing Commission on the condition that the Racing Commission may inform the
Arkansas Veterinary Board of any irregular conduct involving any licensed
veterinarian that might influence the Veterinary Board in issuing, suspending
or revoking a license to practice veterinary medicine.
(b) The Racing Commission, on request, shall
furnish the Veterinary Board a list of all veterinarians receiving a license to
practice at any Arkansas racetrack.
2113. The Racing Commission may require the
registration of any agreement between participants in racing.
2114. The Racing Commission and the Stewards
may order that any person be tested for illegal drug usage at the time the
person applies for a license. The Racing Commission and the Stewards may order
that any licensee be tested for illegal drugs on a random or for-cause basis.
Licensees testing positive for illegal drugs are subject to fine, suspension,
probation or revocation of their license. Persons applying for a license who
test positive for illegal drugs may, at the discretion of the Racing
Commission, be granted a probationary license if they enroll in a drug
treatment or counseling program approved by the Racing Commission. Otherwise,
such persons shall not be eligible for licensure.
OWNERS AND
TRAINERS
2117.
Each owner and trainer must obtain a license from the Racing Commission. In the
absence of the owner, the trainer will be responsible for obtaining the owner
license.
(a) The trainer is presumed to know
the Rules and Regulations Governing Horse Racing in Arkansas and is responsible
for the condition, soundness and eligibility of the horses the trainer enters
in a race. The trainer shall conduct the trainer's business with reasonable
care and skill and in a humane manner, and with due regard to the interests of
the trainer's owners and to the safety of the trainer's employees and of the
horses in the trainer's care.
(b)
In addition to the responsibilities under subsection (a) of this Rule, a
trainer has the following specific responsibilities:
(1) to have knowledge of medication status of
all horses in the trainer's care;
(2) to guard and protect all horses in the
trainer's care;
(3) to make or
authorize the making of all entries and scratches of horses in the trainer's
care;
(4) to account for fees and
services rendered on behalf of any horse in the trainer's care to the
appropriate owner or owners; and
(5) to determine the training regimen of all
horses in the trainer's care.
(c) No trainer shall assign any of the
trainer's duties or responsibilities to any person that is disqualified or
ineligible to participate in racing or is not appropriately licensed.
(d) No trainer shall assume any of the above
responsibilities for a horse not under his/her active care, custody and
supervision.
(e)
(1) A trainer's commission shall be ten
percent (10%) of an owner's share of the purse for horses finishing first,
second or third. This amount shall be deducted from the owner's account by the
Horsemen's Bookkeeper and deposited in the account set up by the trainer at the
track upon notification from the Board of Stewards that the purse may be
released. Notwithstanding the foregoing, if the owner and trainer have a
written contract which requires payment less than or more than ten percent
(10%) of the purse earned, the owner shall pay the trainer any money due under
the contract in excess of ten percent (10%) and the trainer shall reimburse the
owner any money due under said contract, in each case in accordance with the
terms of said contract. Should a purse be redistributed for any reason, the
owner and trainer shall be responsible for reimbursing the Horsemen's
Bookkeeper for their respective share of any purse monies credited to their
account that are required to be redistributed.
(2) Any owner may elect not to have ten
percent (10%) of the owner's purse earned deducted from the owner's account by
filing with the Horsemen's Bookkeeper a form titled Notification of
Exclusion To Trainer 10% Program, which is hereby incorporated by
reference. The form, which is available in the Horsemen's Bookkeeper office,
may be filed by an owner with the Horsemen's Bookkeeper's Office at any time
during a race meeting and (i) shall apply to all horses owned in whole or in
part by the owner, (ii) shall be binding on all licensed owners with an
interest in the horse or horses, (iii) shall apply to all trainers employed by
the owner, and (4) shall remain in force until written revocation is submitted
by the owner to the Horsemen's Bookkeeper's office to which the form was
submitted, or the end of the then current calendar year.
(3) Nothing contained in this rule shall
preclude the owner and trainer from entering into an agreement for the payment
of fees due the trainer for services provided or expenses incurred that varies
from the terms of this rule.
2118. No trainer shall practice the horse
training profession except under the trainer's own name.
2119. The Stewards may permit a trainer to
act pending action on the trainer's application.
2120. A licensed trainer may represent the
owner in the matter of entries, declarations and the employment of
jockeys.
2121. A trainer shall have
the trainer's horse in the paddock at the time appointed.
2122. A trainer shall attend the trainer's
horse in the paddock and shall be present to supervise the saddling of the
horse, unless the trainer's has obtained the permission of a Steward to send
another licensed trainer as a substitute.
2123. Each trainer shall register with the
Racing Secretary all horses in the trainer's charge, giving the name, color,
sex, age, breeding and ownership of each such horse.
(a) Each trainer shall register with the
Stewards every person employed by the trainer.
(b) A trainer shall not have in charge or
under the trainer's supervision any horse owned in whole or in part by a
disqualified or ineligible person.
2124. It shall be the duty of each franchise
holder to see that all owners, authorized agents and trainers are licensed
before any thoroughbred horse in which they hold an interest or which they
train is allowed to race, and it shall also be the duty of each franchise
holder to see that the application for license is filed and the prescribed fee
is paid to the Racing Commission.
2125. No licensed owner or trainer shall
knowingly stable horses belonging to an unlicensed owner.
2126. No owner or trainer shall accept,
directly or indirectly, any bribe, gift or gratuity in any form which might
influence the result of any race, or which would tend to do so.
2127. No owner or trainer shall move or
permit to be moved any horse or horses in the owner or trainer's care from the
grounds of a franchise holder without written permission from the Racing
Secretary. A trainer, or owner, shall not enter or start a horse that:
(a) is not in sound racing
condition;
(b) is a bleeder, unless
approved by the Track Veterinarian;
(c) has been trachea-tubed;
(d) has a temperature above its normal
temperature, established as acceptable by the trainer or the attending
veterinarian;
(e) has been "nerved"
above the ankle; or
(f) has been
given in any manner whatsoever, internally or externally, any stimulant,
depressant, hypnotic or narcotic drug, or antiseptic of any kind or
description.
2128. No
person licensed by the Racing Commission shall have in his or her possession on
or about any race track any appliance (electrical, mechanical, or otherwise)
which could affect the racing condition or speed of a horse, unless the
appliance is approved for use on horses on the grounds of the association under
Rule 1218(b) or Rule 1217(C).
2129.
No owner or trainer shall employ a jockey for the purpose of preventing him
from riding in any race.
2130.
Trainer transfers or changes must be approved by the Stewards prior to
entry.
2131. Each owner shall
register with the Racing Secretary each thoroughbred horse owned by him giving
the names, color, sex, age, breeding, authorized agent and trainer, weight and
characteristic markings, scars and other identification features not above
named.
2132.
(a) Each franchise holder shall keep and
maintain during its Race Meeting the registration papers on each thoroughbred
horse, which are issued by The Jockey Club of New York. The Track Identifier
shall carefully compare the description provided in the aforementioned
registration papers in the paddock before post time.
(b) No trainer shall be licensed until he or
she presents a certificate of insurance or other adequate proof to the Stewards
with the trainer's license application, certifying that the trainer has
Worker's Compensation Insurance or other insurance which covers on-the-job
injuries sustained by the trainer, the trainer's employees or family
members.
PARTNERSHIPS
2133. Each partnership shall be registered
with the Racing Commission.
2134.
Partnership papers shall, among other things, set forth the following:
(a) the name and address of each person
having any interest in the thoroughbred horse involved;
(b) the relative proportions of such
interest;
(c) to whom the winnings
are payable;
(d) in whose name the
horse shall run;
(e) with whom the
power of entry and declaration rest; and
(f) the terms of any contingency, lease or
any other arrangement concerning the horse.
All partnership papers must be signed by all of the parties or
by their authorized agents.
2135. Any alteration in a recorded
partnership registration, to be effective, must be reported in writing to the
Racing Commission and signed by all the partners.
2136. All the parties to a partnership, and
each of them, shall be jointly and severally liable for all stakes, forfeits
and other obligations.
CORPORATE AND LLC
OWNERS
2137. All
corporations and limited liability companies ("LLC") having any interest in a
thoroughbred horse shall file with the Stewards at the time of filing an
application for an owner's license a statement in duplicate setting forth the
names and addresses of all officers, directors and stockholders of said
corporation, and officers, directors, managers, members and owners of each LLC,
together with the amount of the respective holdings of each stockholder, member
or other owner, as the case may be, and a statement as to whether or not said
stock and/or membership interest is paid in full, and including the designation
of an authorized agent or agents of said corporation or LLC, as the case may
be. The said statement shall be signed by the president of the corporation,
attested to by its secretary, and the corporate seal attached, or in the case
of an LLC by an authorized member or manager of the LLC. A copy of said
statement shall be transmitted promptly to the office of the Racing Commission
by the Stewards, provided, however, that the Stewards may in their discretion
and for good cause waive these requirements if horses are shipped in for stakes
races.
2138. Any transfer of stock
of such corporation or transfer of ownership or membership interests in such
LLC, or change in the officers, directors, or managers thereof, shall be
reported in writing to the Stewards at the track within forty-eight (48) hours
of such change.
2139. Each
stockholder, member or other person owning five percent (5%) or more of any
corporation or LLC licensee must file an application for an owner's
license.
AUTHORIZED AGENTS
2140. Each authorized agent must file an
application for a license for each owner represented setting forth the agent's
authority to act for the owner, including any authority the agent may have to
collect money from the franchise holder. A copy of the agent's agreement with
the owner, if in writing, shall be attached to the application.
2141. A copy of the application and written
agreement, if any, shall be filed permanently with the Racing
Secretary.
2143. Any changes in the
agent's authority must be in writing and filed as above provided.
2144. If an agent represents more than one
owner, a separate application shall be filed for each owner.
2145. The term of the license shall be the
calendar year unless the agent's appointment is revoked by the owner or the
license is revoked by the Racing Commission.
2146. The revocation of an agent's authority
shall be filed in writing with the Racing Commission and with the Racing
Secretary.
STABLE NAMES
2147. A person wishing to race thoroughbred
horses under a stable name may do so by registering with the Racing Commission
and by paying the fee as required herein.
2148. No person may register more than one
stable name at the same time, nor may any person race under the person's real
name if the person has registered a stable name.
2149. A stable name may be changed at any
time by registering a new name and paying the fee charged for the original
registration. A person may not register as the person's stable name a name
similar to:
(a) one already registered by
another person;
(b) one that is the
name of another owner; or
(c) one
that is the name of any prominent person.
2150. All registrations of stable names by
any recognized Thoroughbred Association and all recognized racing commissions
shall be recognized in Arkansas.
2151. In applying to race under a stable
name, the applicant must disclose the identity or identities of the owners
associated with the stable. Any partnership, limited liability company or
corporation associated with a stable shall comply with the Rules governing
partnerships, limited liability companies or corporations, and the usual fees
of such partnerships, limited liability companies or corporations shall be paid
in addition to the fees for the registration of the stable name.
2152. Changes in identities of owners
associated with the stable shall be reported immediately to and approval
obtained from the Racing Commission.
2153. Any person may abandon a registered
stable name at any time after the person has given written notice to the Racing
Commission and the franchise holder.
2154. [repealed Oct. 19, 2017]
2155. A corporate or limited liability
company name shall be considered a stable name for the purposes of these Rules,
but the Racing Commission may refuse any corporation or limited liability
company the privilege of registering a stable name.
2156. No stable name shall be used for
advertising purposes.
JOCKEYS
2157. No person under 18 years of age shall
be licensed as an apprentice jockey or jockey, save and except those apprentice
jockeys and jockeys under 18 years of age who have previously been
licensed.
2158. The Stewards may
permit a jockey to ride pending action on the jockey's application.
2159. Every jockey shall ride under the
jockey's legal name.
2162. In
riding a race, a jockey must be neat in appearance and must wear conventional
attire and the racing colors of the owner or owners of the horse the jockey is
riding. No advertising on the jockey's attire is permitted without the approval
of the stewards, owner and the Franchise Holder.
2163.
(a)
All jockeys, exercise persons, outriders and other persons riding horses on the
grounds of Oaklawn Park shall at all times while mounted on a horse wear
appropriate protective headgear and have their chin straps fastened. This rule
shall apply from the time the stable is open for training until it is closed
after the race meeting, and shall be enforced by all trainers. The protective
headgear must meet any of the following standards:
(1) American Society for testing and
Materials (ASTM 1163);
(2) UK
Standards (EN 1384 and PAS 015);
(3) Australian/New Zealand Standards (AS/NZ
3838).
(b) No jockey
(including apprentice jockeys) shall be allowed to ride in any race or exercise
horses on the grounds of Oaklawn Park without a safety vest. The safety vest
shall provide a minimum shock absorbing protection of five (5), as defined by
the British Equestrian Trade Association (BETA). The safety vest must meet one
of the following standards:
(1) British
Equestrian Trade Association (BETA) 2000, level 2;
(2) Euro Norris (EN) 121.58 Level
1;
(3) American Society for Testing
Materials (ASTM) (F2681-08);
(4)
Show and Allied Trade Research Association (SATRA) (Jockey Vest Document M6
Issue 2);
(5) Australian Racing
Board (ARM) (Standard 11998).
The safety vest shall weigh no more than two (2) pounds and
shall not be included in a jockey's weight when weighing out to race. If a
jockey fails to wear a safety vest in the running of any race, the jockey's
horse shall be disqualified. The Stewards or Racing Commission may levy
additional penalties or fines against the jockey or trainer.
(c)
(1) Although the use of a riding crop is not
required, any jockey who uses a riding crop during a race shall do so only for
safety, correction and encouragement;
(2) All riders shall comply with the
following when using a riding crop:
(a)
Showing the horse the riding crop and giving it time to respond before hitting
it;
(b) Having used the riding
crop, giving the horse a chance to respond before using it again;
(c) Using the riding crop in rhythm with the
horse's stride.
(3)
Prohibited uses of the riding crop include but are not limited to striking a
horse:
(a) On the head, flanks or any other
part of its body other than the shoulders or hind quarters except when
necessary to control a horse;
(b)
During the post parade or after the finish of the race except when necessary to
control the horse;
(c) Excessively
or brutally causing welts or breaks in the skin;
(d) When the horse clearly is out of the race
or has obtained its maximum placing;
(e) Persistently hitting the horse even
though the horse is showing no response under the riding crop, or
(f) Striking another rider or
horse.
(4) All riding
crops are subject to inspection and approval of the Stewards and Clerk of
Scales.
(5) Riding crops shall have
a shaft and flap and weigh a maximum of eight (8) ounces; have a maximum
length, including flap, of 30 inches; a minimum shaft diameter of one-half inch
and the shaft contact area must be smooth with no protrusions or raised surface
and covered by shock absorbing material that gives a compression factors of at
least one-millimeter throughout its circumference.
(6) The flap is the only allowable attachment
to the shaft and the length must not be more than one inch beyond the end of
the shaft, a minimum width of 0.8 inch and a maximum of 1.6 inches, no
reinforcements or additions beyond the end of the shaft, and shock absorbing
characteristics similar to those of the contact area of the shaft.
2164. All jockeys shall
faithfully fulfill all engagements in respect to racing.
2165. A jockey shall wear a number on his
right arm, and it and the saddle cloth number shall correspond to the number of
the horse in the official program.
2166. Every jockey who is engaged to ride in
a race shall report to the scale room on the day of the race at the time
required by the Racing Secretary, except that every jockey who has an
engagement to ride in a stake race must report in the jockey room not later
than one (1) hour before post time of that race. The jockey shall then report
the jockey's engagements and overweight, if any, and thereafter the jockey
shall not leave the jockey room, except to view the races from a point approved
by the Stewards or to ride in a race, until all of the jockey's engagements of
the day have been fulfilled.
2167.
No jockey shall make a bet on any race nor accept the promise or the token of
any bet with respect to the race in which the jockey is riding, except through
or from the owner or trainer of the horse the jockey rides, and then only on
that horse.
2168. No jockey shall
enter the betting area until the jockey has completed his/her riding
engagements for the day.
2169.
(a) In the absence of a specific contract or
special agreement, the following jockey mount fees apply:
PURSE
|
WINNING MOUNT
|
SECOND MOUNT
|
THIRD MOUNT
|
LOSING MOUNTS
|
Purses up to $24,999
|
10% of win purse
|
5% of place purse
|
5% of show purse
|
$80
|
$25,000-49,999
|
10% of win purse
|
5% of place purse
|
5% of show purse
|
$85
|
$50,000-99,999
|
10% of win purse
|
5% of place purse
|
5% of show purse
|
$95
|
$100,000 to $999,999
|
10% of win purse
|
5% of place purse
|
5% of show purse
|
$120
|
$1,000,000 and up
|
10% of win purse
|
5% of place purse
|
5% of show purse
|
$250
|
(1) If any owner
or trainer engages two or more jockeys for the same race, the owner or trainer
shall be required to pay each of the jockeys the appropriate fee pursuant to
Rule 2169 whether the jockey rides in the race or not.
(2) A jockey fee shall be considered earned
when the jockey is weighed out by the Clerk of Scales for that race.
(b) If any owner or trainer
engages two or more jockeys for the same race, the owner or trainer shall be
required to pay each of the jockeys the appropriate fee pursuant to Rule #2169
whether the jockey rides in the race or not.
2170.
(a)
The added purse money for Arkansas-breeds shall be included as defined
above.
(b) Purse money shall
include all enhancements and supplements from any source, and shall be
distributed by the Horsemen's Bookkeeper.
2171. The suspension of a jockey for an
offense not involving fraud shall begin not later than two racing days after
the ruling, unless otherwise ordered by the Stewards.
2172. The suspension of a jockey for fraud
shall begin immediately after the ruling.
2173. A jockey temporarily suspended for ten
(10) days or less for a minor riding violation may continue to exercise horses
during training hours and may fulfill riding engagements in designated races,
as specified by the Stewards at the beginning of the Race Meeting.
2174. Every jockey may have one agent and no
more. All engagements to ride, other than those for the jockey's contract
employer, shall be made by the jockey or the jockey's agent or
employer.
2175. The franchise
holder shall choose the only attendants who will be permitted, within the
limits of these Rules, to (a) assist a jockey after weighing out and until he
leaves the paddock, and (b) assist a jockey in weighing in and until he arrives
at the jockey room. Such attendants shall be paid for their services by the
franchise holder. A system of rotation of attendants shall be
maintained.
NAMING OF JOCKEYS
2176. Jockeys shall be named not later than
time of entry.
2177. Any subsequent
change of a jockey must be sanctioned by the Stewards and must be promptly and
publicly posted and announced.
JOCKEY AGENT
2178. Each jockey agent must obtain a license
from the Racing Commission.
2179.
The Stewards may permit an applicant to act pending decision on the jockey
agent's application for license.
2180. Each jockey agent may handle up to two
jockeys and one apprentice, but no more.
2181. No jockey agent shall make or assist in
the making of an engagement for any rider other than for the riders the jockey
agent is licensed to represent.
2182. If, for good reason, a jockey agent is
short of the jockey agent's permissible quota of jockeys and wishes to take on
the task of making engagements for a rider not named in the jockey agent's
license, the jockey agent must obtain permission from the Stewards and the
Racing Commission before making any such engagements.
2183. If any jockey agent gives up the making
of engagements for any rider, the jockey agent shall immediately notify the
Stewards, the Racing Commission and the Racing Secretary, and the jockey agent
shall turn over to the Stewards a list of any unfilled engagements the jockey
agent may have made for that rider.
2184. Each jockey agent shall keep, on a form
provided by the franchise holder, a record by races of all engagements made by
the jockey agent or by others for the jockeys the jockey agent is handling.
This record shall include the day and the hour of making of each engagement,
and the calls shall be numbered in the order of their priority whenever more
than one is given for any rider in any race. This record must be kept up to
date and held ready at all times for inspection by the Stewards or the Racing
Secretary.
2185. All rival claims
for the services of a rider will be adjudged by the Stewards in the light of
the records submitted by the jockey agents.
2186. A jockey agent shall not give to
anyone, directly or indirectly, any information or advice, or engage in the
practice commonly known as "touting", for the purpose of influencing any
person, or that would tend so to do so, in the making of a wager on the result
of any race.
2187. Any agent who
falsifies his/her record shall be penalized by the revocation of the agent's
license, and any agent so penalized shall be ineligible for another license for
a term of twelve (12) months from the day of the revocation.
2188. Jockey agents will be called upon to
explain rival claims for any mount or for any rider, and inability to satisfy
the Stewards that the rival claim arose through honest bona fide error shall be
considered a falsification of records.
2189. Jockey agents shall not be allowed in
the paddock at any time.
2190.
Under no circumstances shall jockey agents be permitted within the saddling
enclosure during the period of racing hours, nor shall said agents have access
to the jockey quarters at any time, nor shall said agents be allowed on the
race track proper at the conclusion of any run.
JOCKEY APPRENTICES
2200. Any male or female 18 years or older,
who has never been previously licensed as a jockey in any country, and who has
been granted an Apprentice Jockey Certificate, may claim in all races except
handicaps and stakes the following allowances.
(a) Apprentice's allowance shall be as
follows:
(1) Ten (10) pounds until the
apprentice has ridden five winners.
(2) Seven (7) pounds until the apprentice has
ridden an additional thirty-five (35) winners.
(3) If the apprentice has ridden forty (40)
winners prior to the end of one (1) year from the date of riding his or her
fifth (5th) winner, the apprentice shall have an
allowance of five (5) pounds until the end of that year.
(4) If after riding one (1) full year from
the date of the apprentice's fifth (5th) winning
mount, the apprentice jockey has failed to ride a total of forty (40) winners
from the date of the apprentice's first winning mount, the apprentice shall
continue to ride with a seven (7)pound weight allowance for one (1) more year
from the date of the apprentice's fifth (5th)
winning mount or until the apprentice has ridden a total of forty (40) winners,
whichever comes first.
(b) An approval board will be established by
the Stewards and will consist of designated jockeys, trainers, outriders,
racing officials and the Official Starter. To assure that the applicant has
successfully satisfied the qualifications and guidelines set forth in this
section, an initial apprentice jockey's license may only be issued to an
applicant who:
(1) is at least eighteen (18)
years of age;
(2) passes a physical
examination and has minimum 20/20 vision acuity, or corrected as certified by a
licensed professional;
(3) has at
least two (2) years experience in various capacities of horsemanship on the
backstretch of a racetrack and/or a horse farm, the past one (1) year of which
has been as a licensed exercise rider at a recognized pari-mutuel racing
facility, or the equivalent (and the applicant's employers must verify these
experiences);
(4) has attended the
reviewing of the videotapes or movies at the designated area as scheduled by
the Stewards;
(5) has observed
jockeys and horses loading and breaking from the starting gate, at the start of
races under the supervision of the Official Starter, for at least ten (10)
racing days;
(6) has observed
horses changing leads and negotiating turns at the designated patrol judge
stands under the supervision of a racing official for at least ten (10) racing
days;
(7) has broken an adequate
number of horses out of the starting gate to the satisfaction of the Official
Starter.
(8) has breezed horses out
of the starting gate and from the pole in the company of other horses to create
as close to race conditions as possible (and the accompanying horses shall be
ridden by jockeys designated by the approval board, and at least one other
member of the approval board shall be in attendance as an observer);
and
(9) shall be familiar with a
jockey's responsibilities as defined by the Rules and Regulations, and may be
tested in respect to his/her knowledge of a jockey's duties.
A temporary apprentice license may be issued by the Stewards
upon notification of the recommendation of the approval board.
After riding in an adequate number of races, and when the
stewards are satisfied that the applicant has demonstrated competence in
his/her abilities to ride in races, a regular apprentice license will then be
issued.
(c)
Under exceptional circumstances, such as inability of an apprentice to ride
because of service in the Armed Forces of the United States, personal injuries
in the conduct of his or her duty, restrictions on racing or other valid
reasons which interrupt the allowance period permitted under this Rule, the
Racing Commission may extend the term of the apprentice allowance and/or such
allowance period. The Racing Commission shall take jurisdiction on any
applications for extensions in cases where personal injuries in the conduct of
his or her duty and restrictions occurring at tracks licensed by the Racing
Commission. In order to qualify for an extension of his or her apprentice
allowance, an apprentice rider must have been rendered unable to ride for a
period of not less than fourteen (14) consecutive days during the period in
which he or she was entitled to an apprentice allowance. In the case of
inability of an apprentice to ride because of service in the Armed Forces of
the United States, the Racing Commission will take jurisdiction only on an
apprentice allowance that was executed and filed at time of execution in this
State. All other extensions must be acted on by the Racing Commission with
which the original apprentice allowance was filed.
(d) Apprentice Jockey Certificates and
Apprentice Jockey Extension Request Forms shall be in a form approved by the
Racing Commission. The apprentice jockey shall keep the apprentice jockey's
Apprentice Certificate with him/her at all times. Prior to riding, the
Apprentice Certificate shall be submitted to the Clerk of Scales at each racing
Association in which the apprentice is licensed and riding, and the apprentice
jockey shall keep an accurate updated record of the apprentice jockey's first
forty (40) winners, to be recorded on the certificate by the presiding Clerk of
Scales.
2201. No race
not reported in the Daily Racing Form, Equibase or other publications
recognized as official by the Stewards shall be considered in determining an
apprentice jockey's right to the apprentice allowance.
2202. A licensed apprentice who loses his or
her apprentice allowance for any reason shall obtain a jockey license before
being permitted to ride again.
ENTRIES
2212. "Entry" shall mean according to the
requirements of the test:
(a) A horse made
eligible to run in a race.
(b) Two
or more horses that are entered or run in a race and are coupled because of
common ties. However, there shall be no coupling because of same owner common
ties in stakes races, maiden special weight races, or allowance races
(excluding starter allowance races), and each such horse shall run as a
separate betting interest. Furthermore, in any race where two or more horses
owned by different owners but trained by the same trainer are entered to run in
the race, the horses may run in said race as separate betting interests if
approved by the Racing Secretary in coordination with the Stewards. In races
that overfill, the trainer(s) (in accordance with instructions from the owner)
must declare a preference of runners with same owner common ties at time of
entry, and same owner/common ties second choice horses shall be least
preferred.
(c) [repealed Oct. 19,
2017]
2213. A horse
shall not be qualified to start in any race unless he has been and continues
properly entered therein.
2214. For
all races, the Racing Secretary is the person authorized to receive entries and
declarations.
2215. Entries and
declarations shall be made in writing and signed by the owner of the horse or
by the owner's authorized agent or some person deputed by the owner, and each
franchise holder shall provide blank forms on which entries and declarations
are to be made.
2216. The Racing
Secretary may also allow entries to be made by telephone or other electronic
means in a manner and form acceptable to the Racing Secretary. Entries may not
be made via text messages to the personal phone of any racing office
employee.
2217. Any person having a
recorded interest in a horse may enter that horse unless prohibited by the
terms of the partnership papers registered with the Racing
Commission.
2218. Joint
subscriptions and entries may be made by any one or more of the owners.
However, all partners and each of them shall be jointly and separately liable
for all fees and forfeits.
2220.
The Racing Secretary may call upon an owner or trainer for any proof of the
eligibility of any entered horse or of any horse offered for entry, and in
default of such proof may decline to accept the entry.
2221.
(a)
The entries of any person, or the transfer of any entry, may be refused with or
without either notice or reason being given therefor.
(b) The franchise holder, with permission
from the stewards, shall have the right to refuse the acceptance of any
nomination to any stakes race, and to revoke any previously accepted
nomination, for any reason. If a nomination is denied or revoked, all
nomination fees tendered or paid with respect to the horse for its nomination
for such race shall be returned to the owner of the horse whose nomination was
denied or revoked. Denial or refusal to allow a horse to enter or start because
of race being postponed or cancelled; overfill of entries; failure to satisfy
any eligibility condition; scratch by stewards for horse's actions in paddock,
during warm-up, or in starting gate (including breaking through the gate),
scratch by stewards on advice of track veterinarian, or scratch by stewards for
violation of any other rule, shall not be grounds for refund of any nomination
fee.
2222. No horse
shall be allowed to enter or start in any flat race unless duly registered and
named at the Registry Office of The Jockey Club (New York).
2222.1 No horse shall be allowed to start
unless the registration papers are on file with the Racing Secretary. For
horses running in stakes and allowance races, the Stewards may waive this
requirement, provided the horse can be positively identified by the
Identifier.
2223. If a
horse's name is changed, the horse's new name shall be registered with The
Jockey Club (New York). The horse's old name, as well as the horse's new name,
must be given in every entry list until the horse has run three (3) races. Both
names must be printed on the official program for those three (3)
races.
2224. At the time of entry
of a horse starting for the first time, a certificate of registration shall be
required by the Racing Secretary.
(a) No horse
shall be entered or started unless in the care, custody and complete control of
the licensed registered trainer. Program trainers are not permitted.
(b) No horse shall be permitted to start that
has not been fully identified.
(c)
No horse shall be allowed to race unless the horse has been lip-tattooed,
microchipped and/or digitally tattooed in conformity with T.R.P.B. protocols or
other manner approved by the Stewards which properly identifies the horse. For
good cause, the Stewards or the identifier may waive this requirement if the
horse is otherwise properly identified. However, the horse shall be tattooed,
microchipped and/or digitally tattooed as set forth above thereafter within
such time as set by the Stewards.
(d) Any person attempting to establish the
identity of a horse or the horse's ownership shall be held to account, the same
as the owner, and shall be subject to the same penalty in case of fraud or
attempted fraud.
2225.
No horse shall be permitted to enter or to start unless stabled on the grounds
of the franchise holder, except with the permission of the Racing
Secretary.
2228. No horse shall be
permitted to start whose name and true ownership is not registered with the
Racing Secretary.
2229. All
ownerships in a horse, except a trainer's percentage of his winnings, shall be
filed with the Racing Secretary before the horse shall start, as also shall
every change in ownership thereafter during the Race Meeting.
2230. No horse may be entered in two or more
races scheduled to run on the same day unless all of the races into which the
horse is entered for such day are stakes races.
2231. To compete in a race, a horse must be
eligible at the time of starting that race.
2232. A horse shall not be qualified to be
entered or to start in any race if owned in whole or in part, or if under the
management, directly or indirectly, of a disqualified or ineligible
person.
2233. If an entry from any
disqualified person or a disqualified horse is received, such entry shall be
void and any money paid for such entry shall be returned, if the
disqualification is disclosed forty-five (45) minutes before post time for the
race. Otherwise, any such money shall be paid to the winner.
2234. No entry shall be accepted from husband
or wife while either is disqualified.
2235. No horse on the schooling list shall be
qualified to be entered or to start.
2236. No horse on the Official Starter's or
Veterinarian's List shall be allowed to be entered or to start.
2237. If a horse is sold to a disqualified
person, said horse's racing engagements shall be void as of the date of
sale.
2238. No horse shall be
allowed to enter or to start in any race if the owner of that horse is in
arrears, except with the approval of the Stewards.
2239. In divided races, the starters in the
separate divisions shall be determined by the Racing Secretary, provided,
however, when it is determined that an overnight handicap will be divided, the
event must be divided by listing the entries consecutively according to weights
assigned, and assigning entries to each division from high weights to low
weights. No entry will be permitted to start in one division to the exclusion
of a single entry regardless of the type of conditions of any overnight race.
However, an entry may be split into each division of the divided race and be
treated as separate single entries. All divided races will be considered
separate races.
2240. Entries in
claiming races may be accepted for not more than two horses, whether they are
owned by the same or different interests. At the time of entry, a preference
must be made to the end that each interest may have an entry in each division
should the race be divided.
2241.
In making multiple entries to purse races, trainers and owners must signify a
preference.
2243. The franchise
holder shall have the right to withdraw or change any unclosed race.
2244. If a race is declared off because of
insufficient entries, the franchise holder may split any overnight race that
may have closed, and cause a new drawing for post positions.
2245. An entry in a sweepstakes is a
subscription and cannot be withdrawn.
2247. If a horse is excused from the race by
the Stewards before off time, the starting fee shall be refunded.
2248. If a horse is locked in the gate and if
the conditions of that race include fees of any kind (nominating or starting),
such fees, together with the jockey fees, shall be returned to the owner of any
horse so prevented from participating in that race. If for any reason a race is
not run, said fees shall be returned to the owners.
2249. The nominator is liable for the
entrance money or stake, and the death of an entered horse or a mistake in his
entry (if eligible) shall not release the nominator or transfer from such
liability; nor shall the entrance money or stake of an eligible horse to any
race which is run off be returnable for the entry's failure to start for any
cause.
2250. Except in a match
race, no entry, subscription or right of entry under it shall become void on
the death of the nominator or subscribed. Such rights shall follow the
horse.
2251. Entries shall be
closed at an established time. The Racing Secretary, however, may postpone the
closing of entries for any day's racing schedule, with the approval of the
Stewards.
2252. The franchise
holder, through its Racing Secretary, shall establish the time of closing of
entries, subject to the approval of the Racing Commission.
2253. In the absence of notice to the
contrary, entrance and declarations for sweepstakes, which close during or on
the eve of a Race Meeting, close at the office of the Racing Secretary, who
shall make provision therefor. Closing at all other times for sweepstakes shall
be at the office of the franchise holder.
2254. Except in overnight races, if the hour
for closing of entries or for declarations is not stated, it is understood to
be midnight at the close of the day specified.
2255. Nominations for stake races shall be
valid if received or postmarked before midnight on the established day of
closing of nominations as printed in the condition of the stakes.
2256. If a miscarriage of any nomination or
declaration in a stake race is claimed, satisfactory proof that it was mailed
or telegraphed must be presented within a reasonable time, or such evidence
will not be considered.
2257.
Entries that have closed shall be compiled without delay by the Racing
Secretary and conspicuously posted.
2258.
(a)
The maximum number of starters in any race shall be limited to the number of
starting positions afforded by the Association starting gate and extensions
thereof. The maximum number of starters shall further be limited by the number
of horses that, in the opinion of the Stewards, considering the safety of the
horses and riders, can be afforded a fair and equal start. A fully paid entry
in a stakes race, when denied the opportunity of starting because the number of
entries exceeds the capacity of the starting gate and extensions thereof, will
be entitled to refund of nomination and/or entry fee.
(b) In handicaps (stakes and overnights)
preference will be given to high weights. In allowance stakes, if the number of
entries exceeds the limitations of the starting gate and extensions thereof,
preference will be given to horses that have accumulated the highest earnings,
excluding earnings won in restricted races. For the purpose of this preference,
a restricted race shall mean (i) a State Bred Race (a race where entries are
restricted to horses qualifying under State Breeding programs), (ii) a Sales
Restricted Race (a race where entries are restricted by origin of purchase). On
restricted stakes races for Arkansas-breds, total earnings in EITHER open or
restricted races will determine preference to start.
(c) In the event part or all of a purse for a
race is sponsored and provided by a party other than the franchise holder, the
conditions imposed on the race by the sponsor for the selection of starters and
the distribution of that part of the purse provided by the third party for the
sponsored race shall supersede any contrary provisions of these Rules, if
approved by the Racing Commission.
2259. In a purse race, twelve (12) horses
only will be drawn to compete. (See Rules 2279-2289 for disposition of excess
entries.)
2260. Purse distribution
will be paid back on the following basis: winner 60%, place 20%, show 10%,
fourth 5% and fifth 3%, and the remaining 2% shall be divided and
paid equally among the other official starters in the race (i.e., sixth through
last).
2261. No alterations shall
be made in any entry after the closing of entries, but an error may be
corrected.
2262. Any horse that has
been excused from starting on account of sickness or physical disability will
not be allowed to run for ten (10) days after such excuse.
2263. Any horse that has been the subject of
fraudulent practice may be disqualified by the Stewards for no longer period
than the duration of the meeting.
2263(A)
(a) Any horse exhibiting a positive response
to a test for the presence of any antibodies of any blood doping agent,
including, but not limited to, Erythropoietin, Darbepoetin, Oxyglobin and
Hemopure, (a "Blood Doping Agent") shall be ineligible to start or race until
the owner or trainer, at his or her own expense, provides proof, in a form and
substance acceptable to the Stewards, of a subsequent negative test result for
antibodies of Blood Doping Agents from a laboratory approved by the Commission,
provided any such test sample and test must be obtained and conducted under
collection and test procedures acceptable to the Commission Veterinarian. The
Blood Doping Agents to be tested for shall include Erythropoietin, Darbepoetin,
Oxyglobin, Hemopure and such other blood doping agents determined from time to
time by the Commission Veterinarian.
(b) Notwithstanding any inconsistent
provision of these Rules, the trainer of the horse shall not be subject to
application of the trainer's responsibility penalty based solely on a finding
by the laboratory that the Blood Doping Agent first detected in the initial
positive test remains present in the horse in a subsequent sample taken from
that horse for purposes of any subsequent test for Blood Doping Agents
performed on the horse in an effort to determine the horse's re-eligibility to
start and race again pursuant to subsection (a) of this
Rule.
EQUIPMENT CHANGES
2265. Permission for any change of equipment
from that which a horse carried in his last previous race can be obtained only
from the Stewards, and must be obtained before the closing of entries for the
race in which the horse is to run with changed equipment.
2266. Permission for a horse to add blinkers
to his equipment or to discontinue the use of them must be approved by the
Starter before being granted by the Stewards.
DECLARATIONS AND
SCRATCHES
2267. No
horse shall be considered scratched or declared out of an engagement until the
owner or his authorized agent or some person deputed by him shall have given
due notice in writing to the Racing Secretary.
2268. No horse in an overnight race shall be
scratched without the approval of the Stewards.
2269. For stake races, if a horse is not
named through the entry box at the usual time of closing, the horse is
automatically out.
2270. The
declaration or scratch of a horse out of an engagement is
irrevocable.
2271. Scratches from
stake races will close forty-five (45) minutes before post time.
2272. Declarations and scratches from purse
races shall be made to the Racing Secretary by the owner or his authorized
agent or some person deputed by him, before the time stipulated by the
regulations of the franchise holder.
2273. If the miscarriage of any declaration,
by mail or otherwise, is alleged, satisfactory proof of such miscarriage shall
be required of the complainant; otherwise, the declaration shall not be
accepted as of the time alleged.
POSTPONEMENT AND CANCELLATION OF
RACES
2274. If the
whole or a part of a racing program is cancelled, any race involved may be
rescheduled by the Racing Commission.
2275. If a stake race is declared off, all
subscriptions and fees paid in connection with that race shall be
refunded.
2276. Public notice shall
be given at the earliest practicable time if a published race is declared
off.
2277. No race that has closed
with sufficient entries shall be declared off except by the Stewards in their
discretion.
2278. The Stewards may
postpone a race from one race-day to the next race-day.
PREFERRED AND ALSO ELIGIBLE
LISTS
2279. The
Racing Secretary shall keep a list of all horses excluded from races because of
too many entries, and horses on such list are to have preference in any race in
which they may afterwards be entered in accordance with the regulations adopted
by the Racing Secretary for the Race Meeting. This shall be known as the
preferred list.
2280. The Racing
Secretary may, in his sole discretion, decide for any Race Meeting whether or
not there shall be an also-eligible list.
2281. If more than twelve (12) horses are
entered for any purse race, a list of names not to exceed six (6) may be drawn
in order of preference from the overflow entries and listed as eligible to
start, if originally carded horse or horses are excused from the race. The
owner or trainer of any horse on the also-eligible list shall, if he does not
intend to start, so notify the Racing Secretary not later than scratch
time.
2282. If the entries in a
race exceed eighteen (18) and the also-eligible list is being used, then those
in excess of eighteen (18) not drawn automatically go on the preferred
list.
2283. If the also-eligible
list is not being used, all horses in excess of twelve (12) not so drawn as
eligible, or also eligible, automatically go on the preferred list.
2284. Division of the preferred list with
regard to claiming price and/or to distance shall be made at the discretion of
the Racing Secretary, but whichever system is adopted shall be maintained for
the entire Race Meeting.
2286. The
name of no horse shall be placed on the preferred list if the owner thereof did
not accept when presented the opportunity of starting.
2287. Horses whose names appear in the
entries and have an opportunity to start, EXCEPTING HORSES ENTERED IN
SWEEPSTAKES, will be given no consideration whatsoever should they be entered
for the following day and the race overfill.
2288. A copy of the preferred list will be
posted each day by 7 a.m., and any claim of error must be made by 12 noon of
that same day.
2289. In entering
horses on the preferred list, a claim of preference must be made at time of
entry and noted on the entry, or the preference shall be lost. No claim of
error will be considered by the Stewards if the person making the claim has
signed an entry not marked in keeping with this Rule.
POST POSITION
2290. Post positions shall be determined
publicly by lot in the presence of the Racing Secretary or his deputy, one or
more Stewards or their deputies, and at least one trainer licensed by the
Racing Commission.
2291. Beginning
from the inside rail, the horses shall take their positions at the post in
keeping with the numerical order resulting from the public drawing.
WEIGHT PENALTIES AND
ALLOWANCES
2292.
Weight penalties are obligatory.
2293. Weight allowance is obligatory except
by permission of a Steward. Such permission must be obtained at time of
entry.
2294. Weight allowance,
including apprentice allowance, must be claimed at time of entry or prior to
the drawing of the races.
2295.
Said weight allowance shall not be abandoned after the posting of entries
except by consent of the Stewards.
2296. Penalties and allowance of weight are
not cumulative, unless so declared by the conditions of a race.
2297. A horse shall start with only the
allowance of weight entitled at the time of starting, regardless of the claimed
allowance at the time of entry.
2298. Horses incurring weight penalties for a
race shall not be entitled to any of the weight allowances for that
race.
2299. Horses not entitled to
the first weight allowance in a race shall not be entitled to the second and so
on.
2300. Omission to claim a
weight allowance is not cause of disqualification.
2301. Claim of weight allowance to which a
horse is not entitled shall not disqualify unless protest is made in writing
and lodged with the Stewards at least sixty (60) minutes before post time of
the race in question.
2302. No
horse shall incur a weight penalty or be barred from any race for having been
placed second or lower in any race.
2303. No horse shall be given a weight
allowance for failure to finish second or in any lower place in any
race.
2306. Penalties shall not be
invoked nor allowances made in arriving at the weights to be carried in matches
or in private sweepstakes.
2307. No
horse shall receive allowance of weight or be relieved of extra weight for
having been beaten in one or more races, provided this Rule shall not prohibit
maiden allowances or allowances to horses which have not won within a specified
period or which have not won a race of specified value.
2308. When the decision of a race is in
dispute, all horses involved in the dispute with respect to the winner's credit
shall be liable to all weight penalties attached to the winnings of that race
until a winner has been adjudged.
2309. Reports, records and statistics as
published by The Daily Racing Form, Equibase or other publications recognized
as official by the Stewards shall be considered official in determining
eligibility, allowances and penalties, but may be corrected.
2311. No horse shall incur a weight penalty
for a placement from which he is disqualified, but a horse placed through the
disqualification of another horse shall incur the weight penalties of that
placement. No such placement, however, shall make a horse ineligible to a race
that already has been run.
2312. A
horse involved in a Dead Heat for the first place shall be liable to weight
penalty for the amount received.
WEIGHT, SCALE OF
2313. The following is the scale of weights
for age, and shall be carried when not otherwise specified in the condition of
the race.
Distance
|
Age Years
|
March and April
|
May
|
June
|
July
|
Aug.
|
Sept.
|
Oct.
|
Nov. and Dec.
|
3 years
|
115
|
116
|
117
|
119
|
121
|
123
|
124
|
125
|
Half
|
4 years
|
126
|
126
|
126
|
126
|
126
|
126
|
126
|
126
|
Mile
|
5 & over
|
126
|
126
|
126
|
126
|
126
|
126
|
126
|
126
|
3 years
|
116
|
119
|
120
|
122
|
123
|
125
|
126
|
127
|
Six
|
4 year
|
130
|
130
|
130
|
130
|
130
|
130
|
130
|
130
|
Furlongs
|
5 & over
|
132
|
132
|
132
|
130
|
130
|
130
|
130
|
130
|
3 years
|
109
|
112
|
114
|
116
|
118
|
119
|
120
|
120
|
One
|
4 years
|
128
|
127
|
126
|
126
|
126
|
126
|
126
|
126
|
Mile
|
5 & over
|
130
|
129
|
128
|
126
|
126
|
126
|
126
|
126
|
One Mile
|
3 years
|
106
|
108
|
112
|
114
|
117
|
118
|
120
|
120
|
and a
|
4years 128
|
127
|
126
|
126
|
126
|
126
|
126
|
126
|
Quarter
|
5 & over
|
130
|
129
|
128
|
126
|
126
|
126
|
126
|
126
|
One and
|
3 years
|
103
|
105
|
107
|
110
|
116
|
118
|
119
|
120
|
a Half
|
4 years
|
127
|
127
|
126
|
126
|
126
|
126
|
126
|
126
|
Miles
|
5 & over
|
130
|
129
|
128
|
126
|
126
|
126
|
126
|
126
|
3 years
|
100
|
102
|
104
|
108
|
112
|
114
|
117
|
118
|
Two
|
4 years
|
127
|
126
|
126
|
126
|
125
|
125
|
124
|
124
|
Miles
|
5 & over
|
130
|
129
|
128
|
126
|
125
|
125
|
124
|
124
|
3 years
|
97
|
99
|
100
|
102
|
107
|
108
|
110
|
112
|
Three
|
4 years
|
127
|
127
|
127
|
126
|
126
|
126
|
124
|
122
|
Miles
|
5 & over
|
130
|
129
|
128
|
126
|
126
|
125
|
124
|
122
|
Footnotes.
(a) In races of intermediate
lengths, the weights for the shorter distance shall be carried.
(b) In races exclusively for
three-years-olds or four-year-olds, the weight shall be 126 pounds.
(c) Except in handicaps, fillies and
mares three years old and over shall be allowed five (5) pounds before
September 1st, and three (3) pounds thereafter.
(d) Except in handicaps, no horse
three years old or over shall carry less than eighty-four (84) pounds.
(e) "Welter Weight" is twenty-eight
(28) pounds added to weight for age.
WEIGHING IN
2314. After a race has been run and after he
has pulled up the horse he has ridden, the jockey shall ride promptly to the
finish line and there dismount, after obtaining permission from the Judges, and
present himself to the Clerk of Scales to be weighed in.
2315. If a jockey is prevented from riding
his mount to the finish line because of an accident or of illness either to
himself or his horse, he may walk or be carried to the scales, or he may be
excused by the Stewards from weighing in.
2316. Except by permission of the Stewards,
every jockey must upon returning to the finish line unsaddle the horse he has
ridden, and no person shall touch said horse except by his bridle.
2317. No person shall assist a jockey in
removing from his horse the equipment that is to be included in the jockey's
weight, except by permission of the Stewards.
2318. No person shall throw any covering over
any horse at the place of dismounting until the jockey has removed the
equipment that is to be included in his weight.
2319. No jockey shall before weighing in
willfully touch any person or thing other than the equipment that is to be
included in his weight.
2320. Each
jockey shall in weighing in carry over to the scales all pieces of equipment
with which he weighed out. Thereafter he may hand it to his
attendant.
2321. In the event a
jockey weighs in following the running of the race more than two (2) pounds
short of the weight that the jockey was assigned in the race, the Clerk of
Scales shall immediately so notify the Stewards, and the Stewards shall
investigate and when warranted take disciplinary action against the individual
or individuals responsible for the violation. When warranted, such action shall
include disqualification of the horse from receiving what would otherwise be
its share of the purse. In the event that a horse is disqualified pursuant to
this Rule after the declaration of the race as
"Official," such disqualification shall not affect the results of the race for
pari-mutuel wagering purposes or in so far as the payout to patrons is
concerned. In the event a jockey weighs in following the running of the race
more than two (2) pounds short of the weight that the jockey was assigned in
the race and the Clerk of Scales so notifies the Stewards
before the declaration of the race as "Official," the
jockey's mount shall be disqualified for all purposes, including for purposes
of pari-mutuel wagering and in so far as the payout to patrons is
concerned.
2322. When a horse is
disqualified under Rule 2321 and there is evidence of fraud or attempted fraud,
any other horse in the race owned or controlled by the same interest or trained
by the same trainer also shall be disqualified.
2323. No jockey shall weigh in at more than
two (2) pounds over the weight at which he weighed out, except in so far as
said weight may have been affected by the elements.
WEIGHING OUT
2324. The specified jockeys shall be weighed
out for their respective mounts in each race by the Clerk of Scales not less
than ten (10) minutes before the time fixed for the race. In case of a
substitution of riders after the original rider has been weighed out, the
substitute rider shall be weighed as promptly as possible and the name of the
substitute and his weight publicly announced and posted.
2325. A jockey's weight shall include his/her
clothing, boots, goggles, saddle and its attachments, etc. The franchise holder
should include the following language in its daily program: All jockeys will
carry approximately three (3) pounds more than the published weight to account
for safety equipment including helmet, vest and riding crop that is not
included in the required weighing out procedure.
2326. None of the following items should be
included in a jockey's weight: whip, or a substitute for a whip, protective
helmet, head number, bridle, bit, reins or saddle cloth.
2327. No bridle shall exceed two (2) pounds
in weight, and no whip (or substitute for a whip) shall exceed one (1) pound in
weight unless approved by the Stewards.
2328. Seven (7) pounds is the limit of the
overweight any horse is allowed to carry.
2329. The franchise holder shall provide the
only attendants who will be permitted to assist jockeys in weighing
out.
PADDOCK TO POST
2331. Permission must be obtained from a
Steward to exercise a horse between races.
2332. When a horse is being so warmed up
before entering the paddock, his official program number must be displayed by
the rider.
2333. In a race, each
horse shall carry a conspicuous saddlecloth number corresponding to his number
on the official program. In the case of an Entry, each horse making up the
Entry shall carry the same number with a distinguishing letter. For example,
1,1A,1X. In the case of a Field, the horses comprising the Field shall carry an
individual number; i.e. 12, 13, 14, 15 and so on.
2334. Horses must be in the paddock at least
twenty minutes before post time, or at the time appointed by the
Stewards.
2335. Every horse must be
saddled in the paddock or designated saddling area.
2336. All horses shall parade such a distance
as is reasonable and proper in the opinion of the Stewards, unless excused by
the Paddock Judge as provided in Rule 2023. If a horse is so excused from
parading and is led to the post, he must pass over the same route as that
followed by the parade.
2337. All
horses shall carry their respective weights from paddock to post and during the
running of the race.
2338. Parading
horses shall pass the Stewards' stand in the numerical order of their exhibited
number. Only a horse being led by the parade leader, or excused from parading,
may parade out of numerical order.
2339. In the discretion of the Stewards,
parading horses maybe allowed to break out of numerical order after passing
from in front of the stands, or may be required to maintain their order until
arrival at the post.
2340. After
the horses enter the track, no jockey shall dismount and no horse shall be
entitled to the care of an attendant without consent of the Stewards or the
Starter.
2341. In case of accident
to a jockey or to his mount or equipment, the Stewards or the Starter may
permit the jockey to dismount and the horse to be cared for during the delay,
and may permit all jockeys to dismount and all horses to be attended during the
delay.
2342. If a jockey is thrown
on the way from the paddock to the post, the horse must be remounted, returned
to the point where the jockey was thrown and then proceed over the route of the
parade to the post.
2343. If the
jockey is so injured on the way to the post as to require another jockey, the
horse shall be taken to the paddock, another jockey obtained and then ridden
over any uncompleted portion of the exact route of the parade to the starting
point.
2344. If a horse leaves the
course while moving from paddock to post, he shall return to the course at the
nearest practical point to that which he left the course, and shall complete
his parade to the post from the point at which he left the course.
2345. No person shall willfully delay the
arrival of a horse at the post.
POST TO FINISH
2347.
(a)
When clear, a horse may be taken to any part of the course, but no horse shall,
and no jockey shall carelessly or willfully permit his/her mount to, cross or
weave in front of another horse, or jostle another horse, in such a way as to
impede other horses or constitute or cause interference or
intimidation.
(b) A jockey shall
not ride carelessly or willfully in a manner that jeopardizes the safety of any
horse or other jockey.
(c) No
jockey shall carelessly or willfully strike or touch another jockey or another
jockey's horse or equipment.
2348. The Stewards or the Commission may fine
and/or suspend a jockey for violation of any rule of the Commission, whether or
not the horse ridden by the jockey is disqualified in connection with the
incident in question.
2349.
(a) In the case of any violation of Rule
2347, 2348, or any other applicable rule of the Commission, the offending
horse, or the horse of the offending jockey, as the case may be, may be
disqualified, if in the opinion of the Stewards, the violation affected the
outcome of the race, regardless of whether the foul was accidental, willful or
the result of careless riding.
(b)
When the Stewards determine that a horse shall be disqualified for
interference, they may place the offending horse behind such horses as in their
judgment it interfered with, or they may place it last.
(c) Should the Stewards determine that there
is more than one incident of interference in a race where disqualification is
warranted, the Stewards shall deal with the incidents in the order in which the
incident occurs during the race from start to finish; except in the case where
the same horses are involved in multiple incidents. Once a horse has been
disqualified, it should remain placed behind the horse with which it
interfered.
2350. No
jockey shall unnecessarily cause his horse to shorten his stride with a view to
complaint.
2351. All horses shall
be ridden out in every race. A jockey shall not ease up or coast to the finish
without reasonable cause, even if the horse has no apparent chance to win prize
money. A jockey shall give a best effort during a race, and each horse shall be
ridden to win.
2352. If two horses
run in one interest in any race, each shall give best effort. The practice of
declaring to win with one or the other of such horses will not be
allowed.
2353. The Stewards shall
take cognizance of foul riding and may entertain reports from other racing
officials of the Race Meeting whether or not formal complaint is made, but no
complaint shall be considered which comes from any person other than the
jockey, trainer or owner of the horse interfered with.
2354. No owner, trainer or jockey shall
complain frivolously that his horses were crossed or jostled.
2356. The time for the first horse to cross
the finish line shall be the official time of the race.
PROTESTS
2357. A protest, except a protest involving
fraud, may be filed only by the owner (or his authorized agent), trainer or
jockey of a horse engaged in the race over which the protest is made, or by a
racing official of the Race Meeting.
2358. A protest involving fraud may be made
by any person.
2359. A protest,
except a claim growing out of happenings in the running of the race, must be
made in writing signed by the complainant and filed with the Stewards before
the later of:
(i) 24 hours after the race is
declared official or
(ii) the
published post time (in the official racing program) for the Association's
first race on the next live racing day, if one, during the racing season which
includes the race which is the subject of the protest (i.e.,
so if the race occurs on the last day of the racing season, the
protest would have to be made to Stewards in writing as set forth above prior
to 24 hours after the race is declared official). For further example, if the
race occurs on a Sunday, and the next live race day during that racing season
is the following Thursday, the protest would have to be made to Stewards in
writing as set forth above prior to the published post time (in official racing
program) for the Association's first race on that Thursday. To merit
consideration, any protest over the status of an alleged maiden must be made in
writing, signed by the complainant and filed with the Stewards within the time
period for protest set forth above in this Rule 2359.
2360. A protest against a horse engaged in a
race, and filed with the Stewards not less than sixty (60) minutes before post
time, shall receive immediate consideration. In default of proof within thirty
(30) minutes of post time that the horse is qualified to start, the horse may
be disqualified from starting.
2361. To merit consideration, a protest
against the programmed distance of a race must be made at least thirty (30)
minutes before post time for that race, but nothing in this Rule shall affect
the Rule for races run at a wrong distance as compared with the official
program.
2362. To merit
consideration, a protest against a horse based on a happening in a race must be
made to the Stewards before the placing of the horses for that race has been
officially confirmed.
2363. Jockeys
wishing to claim a foul or otherwise protest a happening in a race must do so
by communicating to the outrider as promptly as practical following the running
of the race. If the jockey's horse is pulled up prior to reaching the outrider,
the jockey must proceed to the outrider in order to request a claim of foul or
protest. The outrider must wait for those horses that pass the outrider before
they are pulled up (and for the jockeys on horses pulled up prior to reaching
the outrider to have had the opportunity to communicate a foul or protest claim
to the outrider) before communicating a no-claim/no-protest status to the
Stewards. If for any reason the outrider is unable to communicate to the
Stewards, the Stewards shall not declare the race "Official" until the jockeys
riding the first five (5) horses to finish shall have weighed in. Any jockey
who has requested to register a claim of foul or protest also must contact the
Stewards promptly upon dismounting. If the outrider is not confident regarding
the decision to permit the quick official, the outrider shall so notify the
Stewards and request a hold, and in such event the race shall not be declared
"Official" by the Stewards until after either (i) the outrider shall have
subsequently released the hold and notified the Stewards of no-claim/no-protest
status or (ii) the jockeys riding the first five horses to finish have been
weighed in.
2364. A person or
persons lodging a protest must pay all the costs and expenses incurred in
determining the objection unless his objection is upheld, in which case the
cost shall be paid by the offender.
2365. Pending the determination of a protest,
any money or prize won by a protested horse, or any other money affected by the
outcome of the protest shall be paid to and held by the Racing Secretary until
the protest is determined.
2366.
(a) If a protest (except for foul riding)
against a horse that has won or has been placed is sustained by the Stewards,
the horse shall be assigned to last position in the race, and the other horses
in the race shall be advanced accordingly in the order of their
finish.
(b) The Stewards are vested
with the power to determine the extent of the disqualification in case of
fouls. They may place the offending horse behind such horses as in their
judgment it interfered with, or they may place it last.
2367. In the case of a disqualification, the
Stewards shall immediately make public the reason for the disqualification, and
the same shall be announced over the public address system.
2368. A protest may not be withdrawn without
permission of the Stewards.
2369.
No person shall make frivolous protests.
2370. The Stewards shall keep a record of all
protests and complaints and of any action taken thereon, and shall report both
daily to the Racing Commission.
2371. If a horse is disqualified for a foul
under these Rules, any other horse in the race owned wholly or in part by the
same interest or trained by the same trainer may also be disqualified if the
Stewards determine the second part of the coupled or uncoupled entry benefitted
from the actions of the disqualified stablemate.
WINNINGS
2374. Winnings shall include all net monies
won in all countries, up to the time appointed for the start, including
walkovers and forfeits, but not second and third money nor the value of a prize
not in money.
2375. Winnings during
a year shall be reckoned from January 1st of that year.
2376. Winner or non-winner of a specified sum
means winner or non-winner of a single race of that value to the winner, unless
otherwise stated.
2377. In
computing the value of a series of races in which an extra sum of money is won
by the winning of two or more races of the series, the extra amount shall not
be included in the horse's winnings until the series, or that part of it, is
finished, and hence the extra amount is definitely ascertainable. When
ascertained, it shall be added to the race which determines the extra
amount.
2378. Foreign winnings
shall be estimated on the basis of the normal rate of exchange prevailing on
the day of the winnings.
2379. All
franchise racing holders, owners, trainers, jockeys, agents, grooms and
platers, and all licensees are deemed to accept the conditions under which
franchise holder conducts the race meeting. Any person shall, before he/she
terminates or discontinues his/her employment, engagement or activities under
such accepted conditions, give the person's employer or other party for whom
the person works, as the case may be, at least seven (7) days notice in writing
of his/her intention to terminate or discontinue his/her employment, engagement
or activities, provided, the employer or other party for whom the person works
may waive the requirement of such advance notice. The Commission may, upon
notice to all parties of interest, conduct a hearing or hearings with respect
to any termination or discontinuance of employment, engagement or activities
and if the Commission shall find that the cause for said termination or
discontinuance of employment, engagement or activities under such accepted
conditions is unreasonable or unlawful or contrary to the rules, regulations
and conditions of the Commission, or the statutes of the State of Arkansas, or
in bad faith or detrimental to the public interest or against the best interest
of racing, or if the Commission shall find that the licensee or said persons
have failed to give the required written notice herein provided, or in any
other manner violated these Rules, it may, in its discretion, revoke, cancel,
withdraw or suspend the licenses of any such trainer, jockey, agent, groom,
plater, and other licensee, or may forever prohibit said person or persons from
engaging in any activities at any race track in State of Arkansas, or take
other appropriate disciplinary action in the circumstances.
DEAD HEATS
2382. The owners of the horses in a Dead Heat
shall divide equally the purse money involved.
2383. If a Dead Heat is for the first place,
each horse shall be considered a winner of the amount received according to the
preceding Rule.
2384. When a Dead
Heat is run for second place and an objection is made to the winner of the
race, and sustained, the horses that ran the Dead Heat, shall be deemed to have
run a Dead Heat for first place.
2385. Owners shall divide equally all monies
and other prizes; and if no agreement can be reached as to which of them shall
receive a cup, plate or other indivisible prize, they shall draw lots for it in
the presence of one or more of the Stewards.
2386. In a Dead Heat for first place, the
winning jockeys shall receive 10% of the winning purse, and in all other cases
the jockeys involved shall divide equally the sum total of the fees they would
have received individually had one beaten the other, or others. Likewise, the
owners of the horses involved shall pay their equal share of the jockey's
fees.
MUTUELS
2387. When two or more horses run in a race
and are coupled because of common ties, they are called an "Entry", and a wager
on one of them shall be a wager on all of them.
2388. When the individual horses competing in
a race exceed the numbering capacity of the totalisator, the highest numbered
horse within the capacity of the totalisator and all horses of a higher number
shall be grouped together and called the "Field", and a wager on one of them
shall be a wager on all of them.
2389. With the approval of the proper
officers of the franchise holder, the following Rules will apply.
(a) If less than six interests qualify horses
to start in a race, the Manager of the Pari-mutuel Department shall be
permitted to prohibit show wagering on that race.
(b) If less than five interests qualify
horses to start in a race, the said Manager shall be permitted to prohibit both
place and show wagering on that race.
(c) If less than three interests qualify
horses to start in a race, and both of the horses qualified are coupled as an
Entry, the said Manager shall be permitted to prohibit wagering on that
race.
(d) The said Manager may
prohibit wagering on any particular horse in any race.
2390. Before the wagering starts on each
race, the morning line showing "Odds" on each horse may be posted on the public
board. Entries shall be listed as one horse, and likewise the Field shall be
listed as one horse.
2391. After
wagering has begun on each race and immediately after there is $1,000 (more or
less, depending on circumstances) in the Straight Pool, the "Approximate Odds"
on each horse must be computed at each cycle of the Tote Board. Said
"Approximate Odds" shall agree with the amount wagered on each horse in the
Straight Pool. There shall be a minimum of four sets (and more under proper
circumstances) of "Approximate Odds" posted during the wagering on each race.
These "Odds", however, are approximate and not the exact figures used in the
payoff.
2392. Wagering shall cease
not later than off time, and no tickets shall be sold after the totalisator has
been locked or wagering ceased.
2393. If, for any reason other than power
failure or accidental locking, the pari-mutuel ticket issuing machines are
closed during the wagering on a race, and before off time, they shall remain
closed until after the race. Wagering shall cease on that race, and the payoff
for that race shall be computed on the sums then wagered in each
pool.
2394. If a horse or horses
are locked in the gate, the proper racing official shall promptly notify the
Manager of the Pari-mutuel Department of the name and number of said horse or
horses.
2395. At the end of each
race, the Placing Judges shall advise the Manager of the Pari-mutuel Department
of the official placement of the horses, and no payoff shall be made until the
receipt of such notice.
2397. If an
error is made in posting the payoff figures on the Tote Board, it shall be
corrected promptly and only the correct amounts shall be used in the payoff,
irrespective of the error on the Tote 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.
2398. In the event of
an irreparable breakdown of the totalisator or the ticket issuing machines or
both during the wagering on a race, the wagering for that race shall be
declared closed. The payoff for that race shall be computed on the sums wagered
in each pool up to the time of the breakdown.
2399. In all cases when a horse has been
excused by the Stewards after wagering has started, but before off time, all
money wagered on the horse so excused shall be deducted from the pool and be
refunded.
2400. Should an accident
in the starting gate, malfunction of the starting gate, or other unusual event
caused by outside elements compromise the fairness of the race or safety of
race participants, the Stewards, in consultation with the Official Starter, may
declare individual horses to be non-starters or declare a no contest, and,
subject to other Rules of the Commission applicable to multi-race wagers,
exclude individual horses from one or more pari-mutuel pools and order a refund
of pari-mutuel wagers on the horses involved, as the circumstances warrant in
fairness to the bettors and race participants.
2401. If no horse finishes in a race, all
money wagered on that race shall be refunded.
2402. If two or more horses in a race are
coupled on the same mutuel ticket, there shall be no refunds unless all of the
horses so coupled are excused before off time or all of the horses so coupled
are locked in the gate.
2403. If a
jockey weighs in more than two (2) pounds short of the weight that the jockey
was assigned in the race, and his mount is disqualified by the Stewards in
consequence of short weight prior to the declaration
of the race as "Official," all moneys wagered on said horse shall be deducted
from the pool and refunded. If a jockey weighs in more than two (2) pounds
short of the weight that the jockey was assigned in the race, and his mount is
disqualified by the Stewards in consequence of short weight
after the results of the race have been declared
"Official," the moneys wagered on said horse shall not be deducted from the
pool or refunded and such disqualification shall not affect the results of the
race for pari-mutuel wagering purposes or in so far as the pay out to patrons
is concerned.
2404. In the case of
an Entry, if one of the jockeys riding the Entry weighs in short of weight by
more than two (2) pounds and his mount is disqualified by the Stewards in
consequence of short weight prior to the result of the
race being declared "Official," no refund shall be made unless the other
portion of the Entry also is disqualified by the Stewards for short weight
prior to the result of the race being declared
"Official," in which case all moneys wagered on the Entry so disqualified
prior to the results of the race being declared
"Official" shall be deducted from the pool and refunded. This Rule applies with
equal effect to the Field. See Rule 2321 and 2403 in the event a jockey weighs
in short of weight by more than two (2) pounds after
the results of the race have been declared "Official." Such
resulting disqualification of the mount (after the
results of the race have been declared "Official") shall not affect the results
of the race for pari-mutuel wagering purposes or in so far as the payout to
patrons is concerned.
2405. In the
case of a race postponed beyond the day originally scheduled, all money wagered
on said race shall be refunded.
2406. If a race is declared off by the
Stewards after wagering begins on that race, all money wagered on that race
shall be refunded.
2407. If a horse
wins and there is no money wagered on that horse to win, the Straight Pool
shall be apportioned among the holders of the place tickets on that horse, if
any; otherwise, among holders of the show tickets on that horse.
2408. If no money has been wagered to place
on a horse which is placed first or second in a race, the Place Pool for that
race shall be apportioned among the holders of the place tickets on the other
horse which was placed first or second.
2409. If no money has been wagered to show on
a horse which is placed first, second or third in a race, the Show Pool in that
race shall be apportioned among the holders of show tickets on the other horses
which are placed first, second or third in that place.
2410. If only one horse finishes in a race,
the Place and Show Pools shall be apportioned among the holders of place and
show tickets on that horse.
2411.
If only two horses finish in a race, the Show Pool shall be apportioned among
the holders of show tickets on those two horses.
2412. Any ruling of the Stewards with regard
to the reward of purse money made after the sign "Official" has been purposely
displayed by the Placing Judges shall have no bearing on the mutuel
payoff.
2413. Whenever there is a
difference in any pool or pools; i.e., a difference between the sum total of
the wagers on the individual horses as compared with the grand total as shown
by the Tote Board, the larger amount shall be used as the basis for computing
the payoff. The said larger amount shall be used as the base on which the
commissions are computed and paid to the franchise holder and to the Racing
Commission respectively, except that at racetracks which use equipment such as
computers, which make it possible to determine immediately the correct amount
of money wagered, the correct amount so determined shall be used as the basis
for computing the payoff and commissions. In cases where the lesser amount is
used, the Racing Commission auditor on duty must be in agreement with the
figure used.
2415. Payments due on
all wagers shall be made in conformity with the well-established practice of
the pari-mutuel system. Money wagered on winning tickets is returned in full,
plus the profits. The practice is to work in dollars and not in the number of
tickets. The break permitted by Law is deducted in all of the calculations
arriving at the payoff price; i.e., the odd cents over any multiple of ten
cents of winnings per dollar wagered are deducted.
2416. Any claim by a person that a wrong
ticket has been delivered to him must be made before leaving the mutuel ticket
window. No claim shall be considered thereafter and no claim shall be
considered for tickets thrown away, lost, changed, destroyed or mutilated
beyond identification. Payment of wagers will be made only on presentation of
appropriate pari-mutuel tickets.
2417. Should an emergency arise in connection
with the operation of the pari-mutuel department not covered by these Rules and
an immediate decision is necessary, the Manager of the Pari-mutuel Department
shall make the decision. The Manager of the Pari-mutuel Department shall be
properly and timely advised by the Racing Secretary, prior to the beginning of
wagering of each race, of the horses that will compete in the race.
2418. No minor shall be allowed to wager, and
no jockey in colors shall enter the betting area.
2419. The minimum payout on all winning
wagers in live horse racing shall be equal to the amount wagered plus ten
percent (10%) (i.e., the minimum payout on a $1.00 wager shall be $1.10, the
minimum payout on a $2.00 wager shall be $2.20, etc.). However, in the event of
a minus pool in live horse racing, the minimum payout on all winning wagers in
that pool shall be equal to the amount wagered plus five percent (5%) (i.e.,
the minimum payout on a $1.00 wager shall be $1.05, the minimum payout on a
$2.00 wager shall be $2.10, etc.).
STEPS IN CALCULATING THE PAYOFF IN WIN
POOL
2420.
(a) The commission authorized by law is
deducted from the sum total wagered in the Win Pool. The balance is called the
"Net Pool".
(b) The amount wagered
on the winner is then divided into the "Net Pool". The quotient thus obtained
is the payoff price on the winner for each dollar wagered, and it includes the
dollar wagered on the winner.
STEPS IN CALCULATING THE PAYOFF IN A PLACE
POOL
2421.
(a) The commission authorized by law is
deducted from the sum total wagered in the Place Pool. The balance is called
the "Net Pool".
(b) The sum total
of the amount wagered in the Place Pool on the horses placed first and second
is deducted from the "Net Pool". This gives a remainder, which is the profit or
winnings. The said profit is divided into two equal parts between those who
wagered in the Place Pool, on the winner and those who wagered on the horse
that was placed second.
(c) Using
the amount wagered in the Place Pool on the winner "to Place" as a divisor and
one-half of the profits of the Place Pool as specified in (b) as a dividend,
the quotient thus obtained is the profit per dollar wagered in the Place Pool
on the winner "to Place".
(d) Using
the amount wagered in the Place Pool on the horse placed second "to Place" as a
divisor and the other half of the profits as specified in (b) as a dividend,
the quotient thus obtained is the profit per dollar wagered in the Place Pool
on the second horse "to Place".
(e)
In each of the next above paragraphs (c) and (d), the profit per dollar wagered
is the resultant. The sums wagered on the horses placed first and second must
be returned, therefore add to the quotient the dollar taken out of the "Net
Pool" in (b). The result is the payoff for each dollar wagered on horses placed
first and second in the Place Pool.
STEPS IN CALCULATING THE PAYOFF IN A SHOW
POOL
2422.
(a) The commission authorized by law is
deducted from the sum total wagered in the "Show Pool". The balance is called
the "Net Pool".
(b) The sum total
of the amount wagered in the Show Pool on the horses placed first, second and
third is deducted from the "Net Pool". This gives a remainder, which is the
profit or winnings. The said profit is divided into three equal parts among
those who wagered in the Show Pool on the winner, the second horse and the
third horse.
(c) Using the amount
wagered in the Show Pool on the winner "to Show" as a divisor and one-third of
the profits of the Show Pool as specified in (b) as a dividend, the quotient
thus obtained is the profit per dollar wagered in the Show Pool on the winner
"to Show".
(d) Using the amount
wagered in the Show Pool on the horse placed second "to Show" as a divisor and
one-third of the profits as specified in (b) as a dividend, the quotient thus
obtained is the profit per dollar wagered in the Show Pool on the second horse
"to Show".
(e) Using the amount
wagered in the Show Pool on the horse placed third "to Show" as a divisor and
one-third of the profits as specified in (b) as a dividend, the quotient thus
obtained is the profit per dollar in the Show Pool wagered on the third horse
"to Show".
(f) In each of the next
above paragraphs (c), (d) and (d), the profit per dollar wagered is the
resultant. The sums wagered on the horses placed first, second and third must
be returned, therefore add to the quotient the dollar taken out of the "Net
Pool" in (b). The result is the payoff price for each dollar wagered on horses
placed first, second and third in the Show Pool.
STEPS IN CALCULATING THE PAYOFF IN DEAD
HEATS
2423. In the
case of a Dead Heat in the Straight Pool, the payoff prices shall be figured as
in a Place Pool.
(a) In the case of a Dead
Heat for second in the Place Pool, the winner of the race receives its half
share of the profits in that pool; and each of the two horses that Dead Heat
for second receives one-half of the remaining half of the profit.
(b) In the case of a Dead Heat for third or
"Show" in the Show Pool, the first and second horses each receive a normal
one-third of the profits in that pool; and the two horses that Dead Heat for
third each receive one-half of the remaining third of the profits.
(c) Where two or more horses racing for one
interest or Field horses participate in Dead Heats, each horse of the Entry or
Field is entitled to his/her proportionate share of the profits in the Pool in
which the Dead Heat occurs and the other pools affected. For example: Where two
horses of an Entry or Field "Dead Heat" for win, the win and place prices are
calculated as Straight Pools, and the Entry is entitled to two-thirds of the
profits of the Show Pool.
DAILY DOUBLE
2424.
(a)
Two Daily Doubles will be permitted during any single racing program.
(b) If no ticket is sold combining the two
winners of the Daily Double, the pool shall then be apportioned equally between
those having tickets including the winner in the first race of the Daily Double
and those having tickets including the winner in the last race of the Daily
Double in the same manner in which a Place Pool is calculated and
distributed.
(c) If no ticket is
sold including the winner of the first race of the Daily Double, then the
entire pool will be paid to the holders of tickets which include the winner of
the last race of the Daily Double.
(d) Likewise, if no ticket is sold including
the winner of the last race of the Daily Double, the entire pool will be paid
to the holders of tickets which include the winner of the first race of the
Daily Double.
(e) If no ticket is
sold including a winner of either race of the Daily Double, then the pool shall
be paid to holders of tickets which include the horses finishing second in the
two races of the Daily Double.
(f)
If no ticket is sold that would require distribution of the Daily Double pool
to a winner under the sub-sections (b), (c), (d) and (e) of Rule 2424, the
Association shall make a complete and full refund of the Daily Double
Pool.
(g) There shall be a refund
of Daily Double wagers in the event of a horse being scratched before the
betting on the Daily Double has closed. (This refund is to apply only to wagers
on the horse scratched.)
(h) It is
required that a complete tabulation of sale or "take-off" of all combinations
of tickets in the Daily Double Pool be made, and a copy of said "take-off" be
in the hands of the Racing Commission auditor as soon as practicable.
(i) In the event a horse is scratched or
excused in the second half of the Daily Double, after the first half is
official, all tickets combining the scratched horse with the winner of the
first half of the Daily Double shall be paid a price per dollar denomination
calculated as follows: The net Daily Double Pool (gross pool less commission)
shall be divided by the purchase price of all tickets combining the winner of
the first half, and the quotient thus obtained shall be the price to be paid to
holders of tickets combining the winner of the first half and the scratched or
excused horse in the second half. The entire consolation pool (number of
eligible tickets times the consolation), shall be deducted from the Daily
Double Pool.
(j) Before the running
of the race comprising the last half of the Daily Double Pool, there shall be
displayed in a prominent place, easily visible from the grandstand, clubhouse
and bleachers, the payoff of each combination coupled with the winner of the
first half of the Daily Double.
(k)
In case of a Dead Heat for winner in the first half of the Daily Double, the
payoff of the Daily Double need not be posted until after the running of the
second half of the Daily Double, owing to the complicated calculations
involved. However, announcement of this fact must be made over the loudspeaker
and notice to this effect be posted on Tote Board at the conclusion of first
half of Daily Double.
(l) If a Dead
Heat should result in either the first or second race of the Daily Double, the
total pool is figured as a Place Pool.
EXACTA WAGERING
2424.1 The Exacta Pool is a contract by the
purchaser of one (1) ticket combining two (2) horses in a single race,
selecting the two (2) horses that will subsequently finish first and second in
that race. Payment of the ticket shall be made only to the purchaser who has
selected the same order of finish as officially posted.
(a) The exacta is not a "parlay" and has no
connection with or relation to the win, place and show betting and will be
calculated as an entirely separate pool.
(b) If no ticket is sold on the winning
combination of an Exacta Pool, the net pool shall be distributed equally
between holders of tickets selecting the winning horse to finish first and/or
holders of tickets selecting the second place horse to finish second.
(c) If no ticket is sold that would require
distribution of an Exacta Pool to winner as above defined, the Association
shall make a complete and full refund of Exacta Pool.
(d) In case of a Dead Heat between two (2)
horses for first place, the net Exacta Pool shall be calculated and distributed
as a place pool to holders of tickets of the winning combinations. In case of a
Dead Heat between two (2) horses for second place, the Exacta Pool shall be
figured as a place pool, the holders of tickets combining the winning horse and
the two (2) horses finishing second participating in the payoff.
(e) In the event of a Dead Heat for second
place, if no ticket is sold on one (1) of the two (2) winning combinations, the
entire net pool shall be calculated as a Win Pool and distributed to those
holding tickets on the other winning combination. If no tickets combine the
winning horse with either of the place horses in the Dead Heat, the Exacta Pool
shall be calculated and distributed as a Place Pool to holders of tickets
representing any interest in the net pool.
(f) In the event of any Entry finishing first
and second, the net Exacta Pool shall be distributed to holders of tickets
selecting the Entry to win combined with the horse finishing third.
MINUS POOL
2425. In the event of a Minus Pool, the
deficiency shall be absorbed by the breaks accruing for that day. In the event
the breaks accruing for that day are not sufficient to absorb such Minus Pool,
the remaining deficiency will be borne solely by the franchise
holder.
CLAIMING
2426. In claiming races on the flat, any
horse is subject to claim by (i) any owner in good standing or (ii) by a person
who has been issued a "claiming authorization" as provided below in Rule 2426
(a "Claiming Authorization"). However, no owner (who has not otherwise been
issued a Claiming Authorization) may claim a horse at Oaklawn unless that owner
(either individually or through co-ownership, partnership, limited liability
company, corporation or other entity in which the owner owns an equity
interest);
(1) has foal papers on file in the
Oaklawn racing office with respect to a horse eligible to race at Oaklawn, and
(2) either (i) has had an
"official start" in a prior race at Oaklawn during the current race meet or
(ii) was an "official starter" in the race in which the claim is submitted;
provided, in the event an owner (either individually or through co-ownership,
partnership, limited liability company, corporation or other entity in which
the owner owns an equity interest) has started a horse at the Oaklawn meeting
and does not currently have foal papers on file in the racing office with
respect to a horse eligible to race at Oaklawn because his last horse(s) was
claimed, that owner is not required to obtain a "Claiming Authorization" and is
immediately eligible to claim a horse at Oaklawn, provided such claim is in
compliance with all other applicable claiming rules. As an example, if an owner
(who has not previously had an "official start" in a prior race at Oaklawn
during the current race meet) owns in whole or in part Horse A entered in an
Oaklawn race, the owner may, if otherwise in compliance with applicable rules,
submit a claim for another horse in the race, but that claim shall be void if
Horse A fails to become an "official starter" in the race.
CLAIMING AUTHORIZATION:
(a) The Stewards or their appointed
representatives shall issue a Claiming Authorization to any person who makes
application therefor on forms prescribed for that purpose and who:
(1) meets all requirements for the issuance
of an owner's license;
(2) either
(A) is not presently involved, and does not have a spouse presently involved,
as an owner of a horse in thoroughbred racing able and eligible to race at
Oaklawn, (B) was an owner (either individually or through co-ownership,
partnership, limited liability company, corporation or other entity in which
the owner owns an equity interest) of a horse that had an "official start" in a
prior race at Oaklawn during the immediately preceding Oaklawn race meet, or
(C) has foal papers on file in the Oaklawn racing office with respect to a
horse eligible to race at Oaklawn;
(3) has an agreement with a licensed trainer
to take charge of, care for and train any horse claimed pursuant to the
Claiming Authorization (and the holder of a Claiming Authorization and the
trainer shall each promptly notify the Stewards in writing if such agreement is
terminated before a horse is successfully claimed);
(4) has at least the amount of the claim on
deposit or credited with the horsemen's bookkeeper; and
(5) a claiming certificate may not be
utilized until 24 hours have elapsed since the application is received by the
Stewards and during the first week of racing, which is defined as the first
block of scheduled consecutive racing days of each meet.
However, notwithstanding the foregoing, a Claiming
Authorization may not be issued to any thoroughbred horse trainer licensed as
such in any jurisdiction unless the trainer is a member of a partnership,
limited liability company, corporation or other entity that would otherwise be
eligible for a Claiming Authorization and the claim is being made by that
partnership, limited liability company, corporation or other entity.
(b) The Claiming
Authorization shall be valid for the calendar year in which it is issued or
until such earlier time as the person to whom the Claiming Authorization was
issued (i) executes a claim and becomes an owner of a horse through use of the
Claiming Authorization, or (ii) in the case of a Claiming Authorization issued
to a person under section 2426(a)(2)(A) above, through private purchase. A
person shall not be eligible for issuance of more than one (1) Claiming
Authorization for the same race meeting unless the person presents evidence to
the satisfaction of the Stewards that the person is no longer the owner (either
individually or through co-ownership, partnership, limited liability company,
corporation or other entity in which the owner owns an equity interest) of a
horse able to race at Oaklawn because of illness or injury to the
horse.
(c) If the applicant has not
been issued an owner's license for the current race meet, the same fee charged
for an owner's license shall be payable to the Commission by the applicant
prior to issuance of a Claiming Authorization. The holder of a Claiming
Authorization shall not, by virtue thereof, be entitled to admission to the
grandstand, clubhouse, or other spectator facility at prices less than those
charged the general public.
(d) An
application for Claiming Authorization may be denied or revoked for any reason
that would justify denial, suspension or revocation of an owner's license. Any
person whose Claiming Authorization is denied or revoked shall have the same
rights to notice and hearing as an owner whose license is denied, suspended or
revoked.
(e) A holder of a Claiming
Authorization for the current race meet who has not previously been granted an
owner's license for the current race meet will be issued an owner's license
without payment of any additional fees, but subject to the other requirements
for issuance of an owner's license.
2426-A. At the time of entry into a claiming
race, the owner (or trainer acting under authorization from the owner) may opt
to declare a horse ineligible to be claimed provided:
(a) the horse has not been an official
starter in a race at any racetrack for a minimum of sixty (60) days since its
last race as an official starter;
(b) the horse's last race as an official
starter was a claiming race in which the horse was eligible to be
claimed;
(c) the horse is entered
for a claiming price equal to or greater than the claiming price at which it
last started as an official starter;
(d) failure to declare the horse ineligible
at the time of entry may not be remedied; and
(e) ineligibility to be claimed shall apply
only to the first start as an official starter following each such 60-day or
longer layoff.
2427. A claim maybe made by an authorized
agent, but agent may claim only for the account of those for whom he is
licensed as agent.
2428. No person
shall claim his own horse or cause his own horse to be claimed, directly or
indirectly, for his own account.
2429. No person shall claim more than one
horse from any one race.
2430. When
a stable consists of horses owned by more than one person and trained by the
same trainer, not more than one claim may be entered on behalf of such stable
in any one race.
2431. The claiming
price of each horse in a claiming race shall be printed in the official
program, and all claims for said horse shall be for the amount so
designated.
2432. Each claim shall
be made in writing on a form supplied by the franchise holder. It shall be
properly signed and enclosed in an envelope provided for the purpose by the
Racing Secretary. The envelope shall have no identification mark on it, but it
shall be marked with the number of the race. It shall be sealed and deposited
in a locked box provided for this purpose by the Racing Secretary.
2433. No money or its equivalent shall be put
in the claiming box. For a claim to be valid the person making the claim must
have a credit balance in his account with the franchise holder's horseman's
account of not less than the amount of the claim (plus any applicable sales
tax).
All claims shall be deposited in the claiming box at least
fifteen (15) minutes before the established post time of the race out of which
the claim is made.
2434.
(a) Claims are irrevocable except as
otherwise provided in subsection (e) of this Rule.
(b) At the time of filing the claim form,
claimants shall have the right to designate on the claim form a request for a
post-race test of the claimed horse for anabolic steroids and blood doping
agents determined from time to time by the Commission Veterinarian, including,
but not limited to, Erythropoietin, Darbepoetin, Oxyglobin and Hemopure, (a
"Blood Doping Agent"). In the event a request for the post-race test for
anabolic steroids and Blood Doping Agents is marked on the successful
claimant's claim form, the claimed horse shall be taken to the test barn
immediately after the race, a blood sample shall be drawn from the horse by the
Commission Veterinarian or Commission Veterinarian's assistant, and the sample
shall be submitted to a Commission-approved laboratory to test for the presence
of anabolic steroids and Blood Doping Agent antibodies. The blood sample shall
be taken, contained and submitted to the Commission-approved laboratory in
accordance with the rules and procedures, including split samples, applicable
to other post-race tests for foreign substances. The Blood Doping Agents to be
tested for shall include Erythropoietin, Darbepoetin, Oxyglobin, Hemopure and
such other blood doping agents determined from time to time by the Commission
Veterinarian.
(c) The successful
claimant shall be responsible for paying the cost for the test for anabolic
steroids and Blood Doping Agents. This cost shall be posted by the Commission
Veterinarian and shall be deducted from the successful claimant's account with
the horsemen's bookkeeper.
(d) If
for any reason the claimed horse is unable to go to the test barn following the
race, the Commission Veterinarian or Commission Veterinarian's Assistant will
make reasonable efforts to reach the horse and draw a blood sample for testing.
If for any reason the Commission Veterinarian or Commission Veterinarian's
Assistant is unable or otherwise fails to draw a blood sample, the successful
claimant's right to revoke the claim under this Rule shall be
forfeited.
(e) The successful
claimant shall have the right to void the claim if the Stewards determine that
the blood sample from the claimed horse exhibited a positive response to the
antibody test for any Blood Doping Agent under the testing guidelines
established by the Commission Veterinarian or for anabolic steroids; provided,
any such revocation of the claim must be submitted in writing to the Stewards
within the forty-eight (48) hour period after the Stewards' decision on the
positive test result is made public, as set forth below.
(f) Once the Stewards' determination of the
positive test result for anabolic steroids and a Blood Doping Agent is made
public, the successful claimant shall have forty-eight (48) hours thereafter to
exercise his or her right to revoke the claim. Such revocation must be in
writing and must be submitted to the Stewards within said forty-eight (48) hour
time period. If no such revocation is received by the Stewards within the
designated forty-eight (48) hour time period, the successful claimant shall
forfeit the right to revoke the claim.
(g) If the successful claimant revokes the
claim in accordance with this Rule, the Stewards shall order that (i) the horse
be returned promptly to the former owner from whom the horse was claimed, and
(ii) the claim money be returned promptly to the claimant revoking the claim,
regardless of any appeals, hearings or other delays of any type.
(h) The successful claimant shall be
responsible for all expenses for the care and maintenance of the horse from the
time the horse is transferred to the claimant until the time the horse is
returned to the prior owner following revocation of the claim in accordance
with this Rule.
(i) In the event a
claimed horse suffers a fatality during the running of the race (or
on the race track after the running of the race and before control of the horse
is transferred to the claimant), or the horse is otherwise removed
from the race track in the horse ambulance, the claim shall be declared void by
the Board of Stewards unless the claimant notifies the Board of Stewards within
fifteen (15) minutes after the race is declared official that the claimant
desires for the claim to remain in effect. Any such notice must be provided
within said fifteen (15) minute period by the claimant-owner or the
claimant-owner's trainer, or by a representative thereof designated in writing
for this purpose by the claimant-owner or claimant-owner's trainer to the Board
of Stewards prior to the running of the race with respect to which the claim
was submitted.
(j) In the event a
claimed horse suffers an injury during the running of the race (or
on the race track after the running of the race and before control of the horse
is transferred to the claimant), but the horse is not removed from
the race track in the horse ambulance (i) pursuant to instructions from the
Association Veterinarian, (ii) contrary to instructions from the Association
Veterinarian, (iii) because of unavailability of a horse ambulance, or (iv)
because of other extenuating circumstances (e.g., horse is injured in the race,
loses jockey, and runs loose off the track), the Board of Stewards may, after
consultation with the Association Veterinarian, declare the claim void unless
the claimant notifies the Board of Stewards within fifteen (15) minutes after
the race is declared official that the claimant desires for the claim to remain
in effect. Any such notice must be provided within said fifteen (15) minute
period by the claimant-owner or the claimant-owner's trainer, or by a
representative thereof designated in writing for this purpose by the
claimant-owner or claimant-owner's trainer to the Board of Stewards prior to
the running of the race with respect to which the claim was
submitted.
2435. When
claiming time has expired, the claiming box shall be delivered to the Racing
Secretary or the Racing Secretary's deputy. The Racing Secretary or the Racing
Secretary's deputy shall open the box, and thereafter all claims are in their
possession. The claiming box shall be available in the office of the Racing
Secretary each racing day until fifteen (15) minutes before scheduled post time
of each race. Where after the claiming box shall be available in the possession
of the Racing Secretary or the Racing Secretary's deputy.
2436. The Racing Secretary or the Racing
Secretary's deputy, shall open the claim envelope for each race as soon as, but
not until, the horses for said race enter the track on the way from paddock to
post; and immediately thereafter check with the horsemen's bookkeeper to
ascertain whether or not the proper credit balance has been established with
the franchise holder.
2437. The
Stewards may at any time, in their discretion, require any person filing a
claim to make affidavit in writing that he is claiming in accordance with the
Rules.
2438. Claims that are made
not in keeping with the Rules shall be void.
2439. A claimed horse shall run in the
interest and for the account of the owner from whom claimed.
2440. Title to a claimed horse shall be
vested in the successful claimant at the time the horse becomes a starter. A
horse is a starter when the stall doors of the starting gate open in front of
it at the time the starter dispatches the horses.
2441. Any horse that has been claimed shall,
after the race has been run, be taken to a claimed horse exchange area approved
by the Board of Stewards for delivery to the claimant. However, if a urine or
other test is to be made, the horse shall be taken to the test barn and the
test made immediately. Thereafter, possession of the horse shall be delivered
to the claimant.
2442. A horse
claimed shall not be delivered by the original owner to the successful claimant
until written authorization is given by the Racing Secretary.
2443. No person shall refuse to deliver to
the person legally entitled thereto a horse claimed out of a claiming
race.
2444. If more than one claim
is filed for the same horse, the title to the horse shall be determined by lot
under the direction and supervision of one or more of the Stewards. After title
to the claimed horse is determined by lot under this rule, all other claims on
that horse in a race shall be deemed null and void. Accordingly, if the winning
claim determined by lot under this rule is subsequently ruled invalid for any
reason, title to the horse shall be returned to the owner of the horse prior to
the lot draw. The successful claimant shall be responsible for all expenses for
the care and maintenance of the horse from the time the horse is transferred to
the claimant until the time the horse is returned to the prior owner following
invalidation of the winning claim.
2445. For a period of twenty-seven (27) days
after the claim, a claimed horse shall not start in a race in which the
determining eligibility price is less than twenty-five (25%) more than the
price at which it was claimed. The day claimed shall not count for purposes of
counting the applicable twenty-seven (27) day period, and for this purpose, the
immediate following calendar day after the day claimed shall be the first day.
The horse shall be entitled to enter whenever necessary so that the horse may
start on the twenty-eighth (28th) calendar day following the claim, for any
claiming price.
2446. No horse
claimed in a claiming race shall be sold or transferred, wholly or in part, to
anyone within thirty (30) days after the day claimed except in another claiming
race. Further, when a horse is claimed at a recognized race meeting under rules
that are at variance with this Rule, title to such horse shall be recognized in
Arkansas to follow the rule of the race meeting under which it was
claimed.
2447. No claimed horse
shall remain in the same stable or under the care or management of the owner or
trainer from whom claimed.
2448. A
horse claimed at a recognized race meeting under rules which are at variance
with those of Arkansas shall, while racing in Arkansas, pay the penalties
imposed on claimed horses by the Arkansas Rules, and shall pay any additional
penalty imposed by the rules under which it was claimed.
2449. The engagements of a claimed horse pass
automatically with the horse to the claimant. Notwithstanding any designation
of sex or age appearing on 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.
2450. The
holder of a claim, whether it be a mortgage, bill of sale or lien of any kind
against a horse, shall be required to file the same with the Racing Secretary
previous to the time the horse is entered. Failure to do so shall forfeit his
rights in the winnings of the horse previous to the time his claim is properly
filed.
2451. No person shall enter
a horse in a claiming race without disclosing its true ownership.
2453. An allegation of ownership of a horse
entered in a claiming race will not be considered after closing time for claims
on that race.
2454. No person shall
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.
2455. No person shall attempt by intimidation
to prevent any one from running a horse in any claiming race for which it is
entered.
2456. No owner or trainer
shall make any agreement for the protection of each other's horses in a
claiming race.
2457. Any horse
claimed at Oaklawn Jockey Club will not be eligible to start at any other track
until the current Oaklawn meeting is closed, unless approved by the Stewards.
See also Rule 2458 below for additional restrictions on starting horses at
other racetracks after the current Oaklawn meeting is closed.
2458
(a).
Except as otherwise provided in this Rule 2458, no horse claimed during an
Oaklawn race meet shall be eligible to race at another track for a period of
thirty (30) days following the end of the Oaklawn racing season unless the
claimed horse has subsequently run back in another race at Oaklawn following
the claim.
(b) Horses claimed
during the final fifteen (15) scheduled race days of an Oaklawn race meet are
excepted from the requirements of Rule 2458(a).
(c) Horses entered in good faith in a
subsequent race at Oaklawn with appropriate conditions that are unable to run
back before of failure of the subsequent race at Oaklawn to fill or failure to
draw in from the also eligible list may be excepted from the requirements of
Rule 2458(a), if approved by the Racing Secretary and Stewards.
(d) Horses also may be excused from the
requirements of Rule 2458(a) with approval by the Racing Secretary and Stewards
in other appropriate circumstances where the horse was unable for good cause to
run back in a subsequent race at Oaklawn.
OAKLAWN JOCKEY CLUB CLASSIX
RULES
2460.
(a) The Classix pari-mutuel pool is not a
parlay and has no connection with or relation to any other pari-mutuel pool
conducted by Oaklawn, nor to any Win, Place and Show Pool shown on the
totalisator, nor to the Rules governing the distribution of such other
pools.
(b) The Classix pari-mutuel
Pool consists of amounts contributed for a selection for win only in each of
six races designated by Oaklawn. Each person purchasing a Classix ticket shall
designate the winning horse in each of the six races comprising the
Classix.
(c) Those horses
constituting an Entry of coupled horses or those horses coupled to constitute
the Mutuel Field in a race comprising the Classix shall race as a single
wagering interest for the purpose of the Classix 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 that race for
the Classix calculation and the selection shall not be deemed a
scratch.
(d) The Classix
pari-mutuel pool shall be handled as follows:
(1) The net amount in the Classix pari-mutuel
pool will be divided into the Major Share (75%) and the Minor (Consolation)
Share (25%).
(A) The Major Share (75%) will be
distributed among holders of Classix tickets which correctly designate the
official winner in each of the six races comprising the Classix.
(B) The Minor Share (25%) will be distributed
among the holders of Classix tickets which correctly designate the most
official winners, but fewer than six, of the six races comprising the
Classix.
(2) In the
event there is no pari-mutuel ticket properly issued which correctly designates
the official winner in each of the six races comprising the Classix, the Major
Share (75%) shall not be distributed, but shall be carried over to the next
racing day and be added to the Major Share for distribution among holders of
Classix tickets which correctly designate the official winner in each of the
six races comprising the Classix.
(3) The management of Oaklawn reserves the
right to cancel (terminate) Classix wagering. Public notice must be given at
least seventy-two (72) hours prior to the date of cancellation
(termination).
(4) Should no
distribution be made pursuant to subsection (D) (1) (A) of this Rule on the
last day of Oaklawn's meeting in which Classix wagering is offered (held), then
that portion of the distributable pool and all monies accumulated therein shall
be distributed to the holders of tickets correctly designating the most winning
selections of the six races comprising the Classix for that day.
(e) In the event a Classix
pari-mutuel ticket designates a selection in any one or more of the races
comprising the Classix and that selection is scratched, excused or determined
by the Stewards to be a non-starter in the race, the actual favorite, as
evidenced by the amounts wagered in the win pool at the time of the start of
the race, will be substituted for the non-starting selection for all purposes,
including pool calculations and payoffs.
(f) In the event of a Dead Heat for win
between two or more horses in any Classix race, all such horses in the Dead
Heat for win shall be considered as winning horses in the race for the purpose
of calculating the pool.
(g) No
Classix shall be refunded except when all six legs are cancelled or declared as
"No Contest". The refund shall apply only to the Classix pool established on
that racing card. Any net pool carryover accrued from a previous Classix
feature shall be further carried over to the next scheduled Classix Pool
operated by Oaklawn.
In the event that any number of races less six comprising the
Classix are completed, one hundred percent (100%) of the net pool for the
Classix shall be distributed among holders of pari-mutuel tickets that
designate the most winners in the completed races. No carryover from a previous
day shall be added to the Classix pool in which less than six races have been
completed.
Any net pool carryover accrued from a previous Classix feature
shall be further carried over to the next scheduled Classix Pool operated by
Oaklawn.
(h) No parimutuel
ticket for the Classix Pool shall be sold, exchanged or canceled after the time
of the closing of wagering in the first of the six races comprising the
Classix, except for such refunds on Classix tickets as required by these Rules,
and no person shall disclose the number of tickets sold in the Classix Pool, or
the number or amount of tickets sold in the Classix Pool, or the number or
amount of tickets selecting winners of the Classix races, until such time as
the Stewards have determined the last race comprising the Classix each day to
be official.
(i) A Classix
pari-mutuel ticket shall constitute a binding contract between the holder of
the ticket and Oaklawn, and said ticket shall constitute an acceptance of the
Classix Rules.
PICK-3 WAGERING
2461.
(a)
The Pick-3 pari-mutuel Pool is not a parlay and has no connection with or
relation to any other pari-mutuel pool conducted by the Association, nor to any
Win, Place or Show pool, nor to the Rules governing the distribution of such
other pools.
(b) A valid Pick-3
ticket shall be evidence of a binding contract between the holder of the ticket
and the racing Association, and the said ticket shall constitute an acceptance
of Pick-3 provisions and Rules.
(c)
The Pick-3 pari-mutuel Pool consists of amounts contributed for a selection for
win only in each of three (3) races designated by the Association with prior
approval of the Racing Commission. Each person purchasing a Pick-3 ticket shall
designate the winning horse in each of the three (3) races comprising the
Pick-3.
(d) Those horses
constituting an Entry of coupled horses or those horses coupled to constitute
the Field in a race comprising the Pick-3 shall race as a single wagering
interest for the purpose of the Pick-3 pari-mutuel Pool calculations and
payouts to the public. However, if any part of either an Entry or the Field
racing as a single 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
Pick-3 calculation, and the selection shall not be deemed a scratch.
(e) The net amount in the pari-mutuel Pool
subject to distribution among winning ticket holders shall be distributed among
the holders of tickets that correctly designate the winners in all three races
comprising the Pick-3.
(f) If no
ticket is sold combining the three winners of the Pick-3, the net amount in the
Pick-3 pari-mutuel Pool shall be distributed among holders of tickets which
include the winners of at least two of the three races comprising the
Pick-3.
(g) If no ticket is sold
combining at least two winners of the Pick-3, the net amount in the Pick-3
pari-mutuel Pool shall be distributed among holders of tickets which include
the winner of any one race comprising the Pick-3.
(h) If no ticket is sold that would require
distribution of the Pick-3 Pool to a winner under this Rule, the Association
shall make a complete and full refund of the Pick-3 Pool.
(i) If for any reason one of the races
comprising the Pick-3 is cancelled, the net amount of the Pick-3 pari-mutuel
Pool shall be distributed as provided above in subsections (f), (g) and (h) of
this Rule.
(j) If for any reason
two or more of the races comprising the Pick-3 are cancelled, a full and
complete refund will be made of the Pick-3 Pool.
(k) In the event a Pick-3 ticket designates a
selection in any one or more of the races comprising the Pick-3 and that
selection is scratched, excused or determined by the Stewards to be a
non-starter in the race, the actual favorite, as evidenced by the amounts
wagered in the Win Pool at the time of the start of the race, will be
substituted for the non-starting selection for all purposes, including pool
calculations and payoffs.
(l) In
the event of a Dead Heat for win between two or more horses in any Pick-3 race,
all such horses in the Dead Heat for win shall be considered as winning horses
in the race for the purpose of calculating the pool.
(m) No pari-mutuel ticket for the Pick-3 Pool
shall be sold, exchanged or cancelled after the time of the closing of wagering
in the first of the three races comprising the Pick-3, except for such refunds
on Pick-3 tickets as required by this Rule, and no person shall disclose the
number of tickets sold in the Pick-3 pool or the number or amount of tickets
selecting winners of Pick-3 races until such time as the Stewards have
determined the last race comprising the Pick-3 to be official.
Trifecta Wager
2462.
(a)
The Trifecta requires selection of the first three (3) finishers, in their
exact order for a single race.
(b)
The Net Trifecta Pool shall be distributed to winning wagers in the following
precedence, based upon the official order of finish:
(1) As a single priced pool to those whose
combination finished in correct sequence, as the first three betting
interests.
(2) If there are no such
wagers in (1), then as a single priced pool to those whose combination
included, in correct sequence, the first two betting interests.
(3) If there are no such wagers in (1) or
(2), then as a single priced pool to those whose combination correctly selected
the first place betting interest only.
(4) If there are no such wagers in (1), (2)
or (3), then the entire pool shall be refunded on Trifecta wagers for that
race.
(c) If less than
three (3) betting interests finish and the race is declared official, payoffs
will be made based upon the order of finish of those interests completing the
race. The balance of any selection beyond the number of betting interests
completing the race shall be ignored.
(d) If there is a Dead Heat for first
involving:
(1) Contestants representing three
(3) or more betting interests, all of the wagering combinations selecting three
(3) betting interests that correspond with any of the betting interests
involved in the Dead Heat shall share in a profit split.
(2) Contestants representing two (2) betting
interests, both of the betting interests, irrespective of order, along with the
third-place betting interests shall share in a profit split.
(e) If there is a Dead Heat for
second, all of the combinations correctly selecting the winner combined with
any two (2) of the betting interests involved in the Dead Heat for second shall
share in a profit split.
(f) If
there is a Dead Heat for third, all wagering combinations correctly selecting
the first two (2) finishers, in correct sequence, along with any of the betting
interests involved in the Dead Heat for third shall share in a profit
split.
(g) Entries coupled as a
single wagering interest and a Field of horses when designated as a single
wagering interest are permitted. Such a single wagering interest constitutes an
individual wagering selection, and a scratch of any horse that is part of an
Entry or the Field shall not constitute a scratch of the single wagering
interest.
(h) For Trifecta races,
at least five (5) betting interests shall be carded; provided, if only four (4)
betting interests are carded, or if scratches occurring after opening the
Trifecta Pool reduce the race to four (4) betting interests, Trifecta wagering
on the race will still be permitted. However, in no event shall Trifecta
wagering be allowed on a race with fewer than four (4) betting
interests.
Quinella Wager
2463.
(a)
The Quinella is not a parlay and has no connection with or relation to the Win,
Place and Show Pools. All tickets on the Quinella will be calculated in a
separate pool.
(b) All Quinella
tickets will be for the win and place combination only. When purchasing a
Quinella ticket, two (2) horses are selected, which must finish 1-2 or 2-1. For
example, if numbers 3 and 6 are selected, they must come in 3 first and 6
second, or 6 first and 3 second.
(c) Entries or Field horses in a race
comprising the quinella shall race as single wagering interests for the purpose
of pari-mutuel pool calculations and payouts to the public. If, in the event
that any part of the Entry or the Field is a starter, there shall be no refund
to persons wagering on such Entry or Field. In the event any part of an Entry
or the Field finishes first, the order of finish of all other horses making up
such Entry or Field will be disregarded in determining which horse finished
second for the purpose of this Rule.
(d) Should any horse or horses entered in a
Quinella race be scratched or excused by the Stewards after wagering has
commenced, or should any horse or horses be prevented from racing because of
the failure of stall doors on the starting gate to open, all tickets including
such horse or horses shall be deducted from the Quinella Pool and refunded to
the purchasers of tickets on the horse or horses so excused or prevented from
racing.
(e) Should there be no
tickets sold on the winning combination in a Quinella race, any and all
Quinella tickets bearing the number of individual win horse and any and all
Quinella tickets bearing the number of the individual place horse shall be
deemed winning tickets, and the payoff shall be calculated as a Place
Pool.
(f) Should there be no
tickets sold on the winning combination in a Quinella race and should there be
no Quinella tickets sold bearing the number of the individual win horse, any
and all Quinella tickets bearing the number of the individual place horse shall
be deemed winning tickets, and the payoff shall be calculated as a Win
Pool.
(g) Should there be no
tickets on the winning combination in a Quinella race, and should there be no
Quinella tickets sold bearing the number of the individual place horse, any and
all tickets bearing the number of the individual win horse shall be deemed
winning tickets, and the payoff shall be calculated as a Win Pool.
(h) Should there be no tickets on the winning
combinations in a Quinella race, and should there be no Quinella tickets sold
bearing the number of the individual win horse, and should there be no Quinella
tickets sold bearing the number of the individual place horse, the Quinella
shall be deemed "No Contest," and all money in the Quinella shall be promptly
refunded.
(i) Should, after an
official start is effected, only one horse finish the Quinella race, the total
money is figured as a Win Pool, with those who have picked that one horse in
the race participating in the pool.
(j) Should a two (2) horse Dead Heat for win
result in a Quinella race, the two horses involved in the Dead Heat shall be
the winners of the Quinella race.
(k) Should a multiple Dead Heat for win
result in a Quinella race, all horses involved in the Dead Heat shall be
winners of the Quinella and payoffs figured accordingly. Example: Should
numbers 1, 3 and 5 Dead Heat for win, the winning Quinella combinations would
be 1-3, 1-5, 3-1, 3-5, 5-1, 5-3. The net pool, after deducting the amount
wagered on the winning combinations, will be equally distributed in payoff
calculations on the winning combinations.
(l) Should a two (2) horse Dead Heat for
place result in a Quinella race, the total pool is calculated as a Place
Pool.
(m) Should a multiple Dead
Heat for place result in a Quinella race, all combinations coupling the winning
horse with the individual place horses shall be winners of the Quinella race,
and payoffs calculated accordingly.
SUPERFECTA POOL
2465.
(a)
The Superfecta requires the selection of the first four (4) finishers, in their
exact order, for a single race.
(b)
The net Superfecta Pool shall be distributed to winning wagers in the following
precedence, based upon the official order of finish:
(1) As a single price pool to those whose
combination finished in correct sequence as the first four (4) betting
interests.
(2) If there are no such
wagers in (1), then as a single price pool to those whose combination included,
in correct sequence, the first three (3) betting interests.
(3) If there are no such wagers in (1) or
(2), then as a single price pool to those whose combination included, in
correct sequence, the first two (2) betting interests.
(4) If there are no such wagers in (1), (2)
or (3), then as a single price pool to those whose combination correctly
selected the first place betting interest only.
(5) If there are no such wagers in (1), (2),
(3) or (4), then the entire pool shall be refunded on Superfecta wagers for
that race.
(c) If less
than four (4) betting interests finish and the race is declared official,
payoffs will be made based upon the order of finish of those betting interests
completing the race. The balance of any selection beyond the number of betting
interests completing the race shall be ignored.
(d) If there is a Dead Heat for first
involving:
(1) Contestants representing four
(4) or more betting interests, all of the wagering combinations selecting four
(4) betting interests that correspond with any of the betting interests
involved in the Dead Heat shall share in a profit split.
(2) Contestants representing three (3)
betting interests, all of the wagering combinations selecting the three (3)
Dead Heated betting interests, irrespective of order, along with the fourth
place betting interest shall share in a profit split.
(3) Contestants representing two (2) betting
interests, both of the wagering combinations selecting the two Dead Heated
betting interests, irrespective of order, along with the third place and fourth
place betting interests shall share in a profit split.
(e) If there is a Dead Heat for second
involving:
(1) Contestants representing three
(3) or more betting interests, all of the wagering combinations correctly
selecting the winner combined with any of the three (3) betting interests
involved in the Dead Heat for second shall share in a profit split.
(2) Contestants representing two (2) betting
interests, all of the wagering combinations correctly selecting the winner, the
two (2) Dead Heated betting interests, irrespective of order, and the fourth
place betting interest shall share in a profit split.
(f) If there is a Dead Heat for third, all
wagering combinations correctly selecting the first two (2) finishers, in
correct sequence, along with any two (2) of the betting interests involved in
the Dead Heat for third shall share in a profit split.
(g) If there is a Dead Heat for fourth, all
wagering combinations correctly selecting the first three (3) finishers, in
correct sequence, along with any of the betting interests involved in the Dead
Heat for fourth shall share in a profit split.
(h) Entries coupled as a single wagering
interest and a Field of horses when designated as a single wagering interest
are permitted. Such a single wagering interest shall constitute an individual
wagering selection, and a scratch of any horse that is part of an Entry or the
Field shall not constitute a scratch of the single wagering interest.
(i) In the event that more than one (1)
component of a Field or coupled Entry finishes within the first four (4)
finishing positions, the first member of the Field or coupled Entry to finish
shall determine the position (first, second, third or fourth) of the single
betting interest. The net pool shall then be distributed to those whose
selection included the Field or coupled Entry and each of the other three (3)
betting interests in accordance with the priorities otherwise set forth in this
Superfecta Rule.
(j) For Superfecta
races, at least six (6) betting interests shall be carded; provided, however,
if only five (5) betting interests are carded, or if scratches occurring after
opening reduce the Superfecta Pool to five (5) betting interests, Superfecta
wagering on the race shall still be permitted, but in no event shall Superfecta
wagering be allowed on a race with fewer than five (5) betting
interests.
PICK-4 WAGERING
2466.
(a)
The Pick-4 requires selection of the first-place finisher in each of four (4)
designated races. The Association shall designate the four (4) races comprising
the Pick-4, with prior approval of the Racing Commission. Any changes to the
approved Pick-4 format shall require prior approval from the Racing
Commission.
(b) The net Pick-4 pool
shall be distributed as a single price pool among the holders of valid tickets
that designate the first-place finisher in the greatest number of races
comprising the Pick-4, based upon the official order of finish. For example,
the net amount in the Pick-4 pool shall be distributed among the holders of
valid tickets that correctly designate the official winner of all four (4)
races comprising the Pick-4. If there is no valid ticket sold that correctly
designates the official winner of all four (4) of the Pick-4 races, the net
amount in the Pick-4 pool shall be distributed among the holders of valid
tickets that correctly designate the official winner of any three (3) of the
races comprising the Pick-4. If there is no valid ticket sold that correctly
designates the official winner of at least three (3) of the Pick-4 races, the
net amount in the Pick-4 pool shall be distributed among the holders of valid
tickets that correctly designate the official winner of any two (2) of the
races comprising the Pick-4. If there is no valid ticket sold that correctly
designates the official winner of at least two (2) of the Pick-4 races, the net
amount in the Pick-4 pool shall be distributed among the holders of valid
tickets that correctly designate the official winner of any one (1) of the
races comprising the Pick-4. If there are no winning wagers (i.e., if there is
no valid ticket sold that correctly designates the official winner of at least
one (1) of the Pick-4 races), the Pick-4 pool shall be refunded.
(c) If there is a dead heat for first in any
of the Pick-4 races involving:
(1) horses
representing the same betting interest, the net Pick-4 pool shall be
distributed as if no dead heat occurred.
(2) horses representing two (2) or more
betting interests, all such horses in the dead heat for win shall be considered
as winning horses in the race for purposes of calculating the Pick-4 pool and
payouts to the public.
(d) Should a betting interest in any of the
Pick-4 races be scratched, the actual favorite, as evidence by total amounts
wagered in the Win pool at the host association for the race at the close of
wagering on that race, shall be substituted for the scratched betting interest
for all purposes of the Pick-4, including Pick-4 pool
calculations. In the event that the Win pool total at the host association for
the race at the close of wagering on that race for two (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.
(e) Those horses
constituting an Entry of coupled horses or those horses coupled to constitute
the Field in a race comprising the Pick-4 shall race as a single wagering
interest for purposes of the Pick-4 pool calculations and payouts to the
public. If only part of an Entry or part of the Field racing as a single
interest scratch and any part of the Entry or part of the Field racing as a
single interest is a starter in the race, the Entry or the Field selection
shall remain as the designated selection to win in that race for the Pick-4
calculation, and the selection of the Entry or Field, as the case may be, shall
not be deemed a scratch.
(f) The
Pick-4 pool shall be canceled and all Pick-4 wagers for that Pick-4 shall be
refunded if at least three (3) contests included as part of such Pick-4 are
canceled or declared "no contest."
(g) If one (1) or two (2) contest(s) included
as part of a Pick-4 are canceled or declared "no contest", the net Pick-4 pool
shall be distributed as a single price pool among the holders of valid tickets
that designate the first-place finisher in the greatest number of remaining
Pick-4 races for that Pick-4.
(h)
Providing information to any person regarding covered combinations, amounts
wagered on specific combinations, number of tickets sold, or number of live
tickets remaining is strictly prohibited until such time as the Stewards have
determined the last race comprising the Pick-4 to be official. This shall not
prohibit necessary communication between totalisator and pari-mutuel department
employees for processing of pool data.
(i) The Association may suspend previously
approved Pick-4 wagering with the prior approval of the Racing
Commission.
Pick 5 Wagering
Rule
2467.
(a) The Pick-5 requires
the selection of the first-place finisher in each of five (5) designated races.
The Association shall designate the five (5) races comprising the Pick-5, with
prior approval of the Racing Commission. Any changes to the approved Pick-5
format shall require approval from the Racing Commission.
(b) The net Pick-5 pool shall be distributed
as a single price pool among the holders of valid tickets that designate the
first-place finisher in the greatest number of races comprising the Pick-5,
based upon the official order of finish. For example, the net amount in the
Pick-5 pool shall be distributed among the holders of valid tickets that
correctly designate the official winner of all five (5) races in the Pick-5. If
there is no valid ticket sold that correctly designates the official winner of
all five (5) of the Pick 5 races, the net amount in the Pick-5 pool shall be
distributed among the holders of valid tickets that correctly the designate the
official winner of any four (4) of the races comprising the Pick 5. If there is
no valid ticket sold that correctly designates the official winner of at least
four (4) of the Pick-5 races, the net amount in the Pick-5 pool shall be
distributed among holders of valid tickets that correctly designate the
official winner of any three (3) of the races comprising the Pick 5. If there
is no valid ticket sold that correctly designates the official winner of at
least three (3) of the Pick-5 races, the net amount in the Pick-5 pool shall be
distributed among holders of valid tickets that correctly designate the
official winner of any two (2) of the races comprising the Pick 5. If there is
no valid ticket sold that correctly designates the official winner of at least
two (2) of the Pick-5 races, the net amount in the Pick-5 pool shall be
distributed among holders of valid tickets that correctly designate the
official winner of any one (1) of the races comprising the Pick 5. If there are
no winning wagers (i.e., if there is no valid ticket sold that correctly
designates the official winner of at least one (1) of the Pick-5 races), the
Pick-5 pool shall be refunded.
(c)
If there is a dead heat for first in any of the Pick-5 races involving:
i. Horses representing the same betting
interest, the net Pick-5 pool shall be distributed as if no dead heat
occurred.
ii. Horses representing
two (2) or more betting interests, all such horses in the dead heat for win
shall be considered as winning horses in the race for purposes of calculating
the Pick-5 pool and payouts to the public.
(d) Should a betting interest in any of the
Pick-5 races be scratched, the actual favorite, as evidenced by total amounts
wagered in the Win pool at the host association for the race at the close of
wagering on that race, shall be substituted for the scratched betting interest
for all purposes of the Pick 5, including the Pick-5 pool calculations. In the
event that the Win pool total at the host association for the race at the close
of wagering on that race for two (2) or more favorites is identical, the
substitute selection shall be the betting interest with the lowest program
number. The totalizator 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.
(e) Those horses
constituting an Entry of coupled horses or those horses coupled to constitute
the Field in a race comprising the Pick-5 shall race as a single wagering
interest for purposes of the Pick-5 pool calculations and payouts to the
public. If only part of an Entry or part of the Field racing as a single
interest scratch and any part of the Entry or part of the Field racing as a
single interest is a starter in the race, the Entry of the Field selection
shall remain as the designated selection to win in that race for the Pick-5
calculation, and the selection of the Entry or Field, as the case may be, shall
not be deemed a scratch.
(f) The
Pick-5 pool shall be canceled and all Pick-5 wagers for that Pick-5 shall be
refunded if at least three (3) contests included as part of such Pick-5 are
canceled or declared "no contest."
(g) If one (1) or two (2) contest(s) included
as part of a Pick-5 are canceled or declared "no contest," the net Pick-5 pool
shall be distributed as a single price pool among the holders of valid tickets
that designate the first-place finisher in the greatest number of remaining
Pick-5 races for that Pick-5.
(h)
Providing information to any person regarding covered combinations, amounts
wagered on specific combinations, number of tickets sold, or number of live
tickets remaining is strictly prohibited until such time as the Stewards have
determined the last race comprising the Pick-5 to be official. This shall not
prohibit necessary communication between totalizator and pari-mutuel department
employees for processing of pool data.
(i) The Association may suspend previously
approved Pick-5 wagering with the prior approval of the Racing
Commission.
Instant Racing #5, Instant Double
2485(A).
1)
Summary : Instant Double is a method of pari-mutuel wagering which
requires selection of one or more of the first three finishers for each of two
races selected from a historical library of previously run races that are
replayed from a central video server according to the following procedures:
a) The first race from the historical library
is selected at random before the player enters any selection.
b) The player may examine one or more charts
including past performance information showing the relative merits of the
horses as they actually were on the day of the first race.
c) After the player's selections are
registered, the identity of the first race is revealed, a video segment of the
race finish is shown, and the actual official results are displayed.
d) A player qualifies to play the Bonus Game
by matching some or all of the first three finishers of the first race in one
of several different ways. See Ways to Qualify for Bonus Game.
e) In the Bonus Game the player's selections
are matched with a second race, the Bonus Race, selected from the historical
library. Any winnings may be collected instantly.
f) The results of the Bonus Game are
displayed as a pattern of symbols for easy identification.
2)
Wager Amounts :
a) Acceptable wagering units shall be no
lower than "5¢ Per Play" ($0.05) and no higher than "$20 Per Play"
($20).
b) The franchise holder
shall designate a maximum number of unit bets per wager, no higher than ten
(10).
c) For players who purchase
the maximum number of unit bets in one wager, the highest value pool shall be
augmented by the Maximum Bet Jackpot pool (if available).
3)
Pool Split : After the
applicable takeout (as approved by the Racing Commission) has been deducted
from the wager, the remaining amount shall be apportioned among several
separate pools which have been carried over from previous races played by all
players:
a) The remaining amount (after
takeout) of the bet amount shall be apportioned among a pool for each of
several ways to win, the Maximum Bet Jackpot pool (if available), and to the
Seed Pool (depending on its current amount).
b) The takeout rate and allocation to each
pool may be different for each of the bet amounts from one to the maximum
number of bet units.
4)
Ways to Qualify for Bonus Game : Some or all of the following ways
to qualify for the Bonus Game may be included, or other similar ways may be
declared with approval of the Racing Commission:
a) 3 Exact Order: The player's selections
correctly match the first three finishers of the first race in exact
order.
b) 3 Any Order: The player's
selections correctly match the first three finishers of the first race in any
order.
c) Top 2 Exact Order: The
player's top two selections correctly match the first two finishers of the
first race in exact order.
d) Top
Pick Wins Race: The player's top selection correctly matches the first
(winning) finisher of the first race.
e) Any 2 of 3: The player's selections
correctly match any two of the first three finishers of the first race in any
order.
f) In the Money: Any one of
the player's three selections correctly matches the first, second, or third
finisher of the first race.
5)
Ways to Win the Bonus Game: A
wager may qualify to win the Bonus Game using the following procedure:
a) The Bonus Race shall be selected using
various designated permutations of the player's selections in a manner set by
the franchise holder and reported to the Racing Commission.
b) The franchise holder may elect to
associate each of the several separate pools with a group of two or more of
these ways to win so that either:
(1) Each
such way to win shall be an equivalent way to win that pool, or:
(2) One such way to win shall be paid a
designated multiple of the payment calculated for another way to win.
c) One or more of the ways to win
may be designated to participate in the Maximum Bet Jackpot pool, only for
those players who purchase the maximum number of unit bets in one
wager.
d) Some or all of the
following ways to win may be included, or other similar ways may be declared
with approval of the Racing Commission:
(1) 3
Exact Order: The player's selections correctly match the first three finishers
of the bonus race in exact order.
(2) 3 Any Order: The player's selections
correctly match the first three finishers of the bonus race in any
order.
(3) Third-Second-First: The
player's selections match the first three finishers of the bonus race in
reverse order.
(4) Top 2 Exact
Order: The player's top two selections correctly match the first two finishers
of the bonus race in exact order, and the player's third selection is
ignored.
(5) Top Pick Wins Race:
The player's top selection correctly matches the first (winning) finisher of
the bonus race, and the player's second and third selections are
ignored.
(6) Top 2 Exact Order
Only: The player's top two selections correctly match the first two finishers
of the bonus race in exact order, but the player's third selection matches
nothing.
(7) Top Pick Wins Race
Only: The player's top selection correctly matches the first (winning) finisher
of the bonus race, but the player's second and third selections match
nothing.
(8) 3 Any Order
Consolation: The player's selections fail to match any other way to win in
the bonus race, but do correctly match the first three
finishers of the first race in any order.
6)
Payment
Calculation :
a) The winning price for
a pool shall be calculated as follows:
(1) The
entire amount in the pool after takeout shall be divided by the maximum number
of unit bets, then:
(2) If there
are other ways to win this pool that specify a multiple, the result shall be
further divided by the largest multiple, then:
(3) The result shall be rounded down if
necessary for price round-off (breakage), then:
(4) The result shall be raised if necessary
to the minimum payoff amount, then:
(5) The result shall be multiplied by the
actual number of unit bets wagered, then:
(6) If the way to win this pool specifies a
multiple, the result shall be further increased by that multiple.
(7) Only for players who purchase the maximum
number of unit bets in one wager, if this way to win has been designated to be
paid the Maximum Bet Jackpot pool, then that amount shall be added to the
winning price, rounded down if necessary for price round-off
(breakage).
b) When a
wager qualifies for more than one way to win, only the largest single amount
qualified for shall be paid.
c)
Each way to win has a minimum payoff amount for winning wagers, which shall be
posted.
d) In the case of a minus
pool, the minimum payoff amount shall not be less than the amount of one unit
bet wagered.
e) If two players
qualify to win the same pool within a short time, the first winner shall be
paid an amount calculated from the current pool and the second shall be paid an
amount calculated from the new pool, which may begin with the minimum payoff
amount.
7)
Dead
Heat : A race that has a dead heat for first, second, or third shall not
be used for Instant Double wagering.
8)
Coupled Entries, Mutuel
Fields :
a) A race involving coupled
entries or mutuel fields shall not be used for Instant Double wagering if there
are two or more betting interests live for a single horse number.
b) The one remaining live betting interest of
a coupled entry or mutuel field shall be represented by its horse number
without a letter. For example, horse number "1" represents either horse "1" or
"1A".
9)
Seed
Pool : To cover the cases when one of the minimum payoff amounts is
paid, the Seed Pool is accumulated from a designated percent of wagers.
a) Each time the application of the minimum
payoff results in a payoff amount in excess of the actual amount available in
the pool, the shortfall shall be deducted from the Seed Pool.
b) After a pool is paid, the actual amount of
the pool may be seeded from the Seed Pool to a specified initial
amount.
c) While the Seed Pool is
below a designated threshold amount, the allotments to the other pools are each
decreased and the difference shall increase the allotment to the Seed
Pool.
10)
Racing
Commission Approval :
a) The takeout
rate may not exceed seventeen percent (17%).
b) The method of apportioning wagers to each
of the pools shall be set by the franchise holder and reported to the Racing
Commission.
c) The method of
seeding pools shall be set by the franchise holder and reported to the Racing
Commission.
d) The number of pools
and specific ways to win, and specific ways to qualify for the Bonus Game,
declared from time to time by the franchise holder from the list set forth
above (or other similar ways approved by the Racing Commission), shall be set
by the franchise holder and reported to the Racing Commission.
e) The Bonus Race selection method shall be
approved by the Racing Commission.
f) Should the Instant Double pools be
designated for termination or mandatory distribution on a specific date, a
method approved by the Racing Commission shall be used.
g) The percents for apportioning the wager
among takeout and the various pools will be posted.
2485(B).
1. Only wagers that are pari-mutuel and
processed through a recognized pari-mutuel totalizator system may be accepted.
Wagers placed in accordance with the Instant Double rules adopted by the Racing
Commission contemporaneously herewith are pari-mutuel.
2. Races shall be randomly selected from a
historical library of actual races that have previously been run. Only races
that were run at licensed racetracks may be used. It shall not be necessary
that each patron be wagering on the same race.
3. All wagers, less the applicable takeout,
will be placed in pari-mutuel pools as approved by the Racing Commission. The
takeout may not exceed 17%.
4.
Minimum payout on winning wagers will be 10 cents on the dollar, unless that
results in a minus pool, in which event, the minimum payout on winning wagers
may be as low as the amount of the wager itself. The effective breakage will be
10 cents on the dollar, except when minimum payouts are less than 10 cents on
the dollar.
5. The total amount in
each pari-mutuel pool shall be posted at all times.
6. Minimum payouts shall be posted at all
times.
7. The tax rate will be the
same as for simulcasting.
8. Except
as provided in Ark Code Ann. Section
23-110-405(b)(3)(B),
no purse and construction fund amounts will be withheld from the wager or
included as part of the takeout. Except as provided in Ark Code Ann. Section
23-110-405(b)(3)(B),
no portion of the takeout shall be allocated to the purse and construction
fund.
9. Oaklawn will receive this
simulcast product on replayed races from RaceTech, LLC pursuant to agreements
with the racetracks where the races were actually run, and shall relay the
product to Southland (and ultimately later on to other racetracks). Southland
(and eventually other racetracks) will wager through Oaklawn's pools.
10. Reports and tax payments to the State
will be made on a monthly basis.
PURSE, CONSTRUCTION AND PATRONAGE AND TOURISM
PROMOTION FUND
2500.
(a)
Pursuant to Ark. Code Ann. Section
23-110-407(a)(3)(A),
the franchise holder shall retain four and one-half percent (4.5%) of all
moneys wagered on races where the wagerer is required to select one (1) horse,
and three and one-half percent (3.5%) of all moneys wagered on races where the
wagerer is required to select more than one (1) horse (i.e., the "Purse,
Construction, and Patronage and Tourism Promotion Moneys"), which retained
amounts shall be reflected in a separate account on the franchise holder's
books designated "Purse, Construction and Patronage and Tourism Promotion
Fund." In addition, the franchise holder shall retain and deposit into the
Purse, Construction and Patronage and Tourism Promotion Fund account the amount
required to be withheld by the franchise holder for such purposes pursuant to
Ark. Code Ann. Section
23-110-405(b)(3)(B),
and such amounts shall likewise be considered Purse, Construction, and
Patronage and Tourism Promotion Moneys.
(b) The Purse, Construction and Patronage and
Tourism Promotion Fund account shall be established and maintained in federally
insured financial institutions selected by the franchise holder. Such financial
institutions shall be located in the State of Arkansas, provided, however, if
the franchise holder obtains a loan for construction purposes from a financial
institution located outside the State of Arkansas, the Purse, Construction and
Patronage and Tourism Promotion Fund account may be maintained there as long as
the loan is outstanding. All such funds shall be maintained in interest bearing
accounts whenever reasonably possible. Purse, Construction, and Patronage and
Tourism Promotion Moneys shall be used only for purses and construction, for
debt service on money borrowed by the franchise holder for construction, or for
promotions to encourage patronage and tourism consistent with the provisions of
Ark. Code Ann. Section
23-110-407(a)(3).
(c)
(A)
"Construction", as used in this Rule, shall include all items and expenditures
incurred in keeping the overall racing facility in the best possible condition
for the patrons, horsemen, and franchise holder, including, without limitation,
land acquisition (provided that the franchise holder submits plans for
utilizing the acquired land for an approved purpose within five (5) years of
the acquisition), new construction with related equipment, and reconstruction,
renovation, reconditioning, and repairing of facilities with related
equipment.
(B) "Construction", as
used in this Rule, shall not include ordinary or routine maintenance of the
overall racing facility and shall not include the construction or improvement
of areas of the racing facility not generally accessible by, or used for the
benefit of, either the horsemen or patrons, or both.
(C) "Construction", as used in this Rule,
shall not apply to office furniture, office telephones, or other office
equipment primarily devoted to the use of the franchise holder and providing
little or no benefit to either horsemen or patrons, or both.
(d) The franchise holder may be
reimbursed only for construction and patronage and tourism promotion
expenditures from the Purse, Construction, and Patronage and Tourism Promotion
Fund after submitting a claim that itemizes each expenditure listing the
specific expenditure and the payee of the expenditure and stating in specific
terms with respect to construction expenditures how the expenditure jointly
benefits the patrons, horsemen, and franchise holder.
(e) The Racing Commission shall have
jurisdiction and shall seek the assistance of the Department of Finance and
Administration ("DF&A") to check and verify compliance by the franchise
holder with the provisions of this Rule. The Racing Commission shall make
periodic determinations as to compliance under this Rule and under such other
rules and regulations as the Racing Commission shall adopt.
(f) The franchise holder must deliver to the
Racing Commission any documents reasonably requested by the Racing Commission,
and the franchise holder must deliver to DF&A any documents reasonably
requested by DF&A, to check and verify compliance with this Rule, within
thirty (30) days of receiving a written request for the documents. If the
Racing Commission does not receive the documents requested by the Racing
Commission within the time period provided, or if the DFA does not receive the
documents requested by DF&A within the time period provided (and the
Director of the DF&A so notifies the Racing Commission), no reimbursement
shall be approved from the Purse, Construction, and Patronage and Tourism
Promotion Fund until the documents are delivered.
(g) The franchise holder may seek prior
approval from the Racing Commission for expenditures. The application for the
approval must contain the information required by subsection (d) of this Rule;
provided if the exact amount of the expenditure is not then known, the
franchise holder shall use its best estimate, and if the precise contractor or
payee is not then known, the franchise holder may provide that information
prior to final approval of the expenditure by the Racing Commission as set
forth below. The initial approval will be subject to a final approval by the
Racing Commission that the expenditures were made for the approved purposes in
compliance with the requirements of this Rule and Ark. Code Ann. Section
23-110-407(a)(3),
and the Racing Commission shall seek assistance from the DF&A to verify
that the expenditures were made for the approved purposes.
(h) The franchise holder shall be solely
responsible for planning and accomplishing all construction and for
accountings. Before undertaking any construction project estimated to cost
$100,000 or more, the franchise holder shall give the Committee (identified in
subsection (l) of this Rule) at least fifteen (15) days notice of the proposed
project and its estimated cost, which notice shall contain sufficient
information to adequately apprise the Committee of what is being undertaken. If
the Committee wants a meeting concerning the proposed project, it shall advise
the franchise holder within the fifteen (15) days. If there is no request for a
meeting, the franchise holder may proceed with the project. If there is a
request for a meeting, the franchise holder may proceed after the meeting in
accordance with the action taken by the Committee at the meeting. If the
estimated cost of a Project is less than $100,000, the franchise holder may
proceed immediately but must notify the Committee within sixty (60) days of the
project and its estimated cost, which notice shall contain sufficient
information to adequately apprise the Committee of what is being undertaken. If
the Committee wants a meeting concerning the proposed project it shall advise
the franchise holder within fifteen (15) days after receipt of the notice. If
there is no request for a meeting, the franchise holder may proceed with the
project. If there is a request for a meeting, the franchise holder may proceed
after the meeting in accordance with the action taken by the Committee at the
meeting.
(i) On or before June 1 of
each year the franchise holder shall file a report with the Committee
reflecting the purpose and amounts of expenditures for construction and
promotions to encourage patronage and tourism during the preceding calendar
year. The report shall be accompanied by a statement from the franchise
holder's independent certified public accounting firm that the report
accurately reflects the purposes and amounts of construction and patronage and
tourism promotion expenditures. Also, on or before June 1 of each year the
franchise holder shall file a report with the Committee specifying the amount
of Purse, Construction and Patronage and Tourism Promotion Moneys used for
purses during the preceding calendar year.
(j) The Purse, Construction and Patronage and
Tourism Promotion Moneys shall not be subject to the provisions of any contract
or agreement between the franchise holder and the organization representing
horsemen, to the end that any contractual obligations for the use of moneys for
purses shall not apply to any expenditures for construction or patronage and
tourism promotion out of the Purse, Construction and Patronage and Tourism
Promotion Moneys, and any expenditures for purses out of the Purse,
Construction and Patronage and Tourism Promotion Moneys shall be in addition to
contractual purse obligations affecting moneys other than the Purse,
Construction and Patronage and Tourism Promotion Moneys. The franchise holder
shall determine the amount of the Purse, Construction and Patronage and Tourism
Promotion Moneys to be used for the authorized purposes, except that at least
one-half (1/2) of the Purse, Construction and Patronage and Tourism Promotion
Moneys must be used for purses.
(k)
No expenditures shall be made from the Purse and Construction Fund to any
construction company, material supplier or other entity directly involved in an
actual construction project in which an officer, director, employee or
shareholder of the franchise holder or their spouse, children or grandchildren
have any type of significant financial interest, or receive significant
financial benefits.
(l) The Racing
Commission shall appoint a three member committee, to include the Director of
the Department of Finance & Administration (the "Committee"), to examine
and to approve or disapprove, in whole or in part, the reports filed by the
franchise holder pursuant to subsection (i) of this Rule. Committee action
shall be reported to the full Racing Commission for approval or ratification,
but the franchise holder may proceed on the basis of any Committee action until
it shall be notified that the full Commission has taken contrary action. The
Committee may, in its discretion, have an auditor from the Department of
Finance & Administration conduct an audit of all deposits and expenditures
of Purse, Construction and patronage and Tourism Promotion Fund Moneys for any
calendar year. In that event, the franchise holder shall make available to the
auditor all records necessary for the audit.
(m) As authorized by Ark. Code Ann. Section
23-110-407(a)(3),
accountings for expenditures for construction and patronage and tourism
promotion out of the Purse, Construction and Patronage and Tourism Promotion
Fund Moneys may utilize a multi-year approach based on a multi-year program
being undertaken by the franchise holder so that accountability for
expenditures may be based on expenditures made during the entire multi-year
period out of the Purse, Construction and Patronage and Tourism Promotion Fund
Moneys derived during the multi-year period; provided that the multi-year
period shall not exceed five (5) years, unless the Racing Commission makes a
specific determination that a longer period is necessary to finance long-term
construction projects for the joint benefit of patrons, horsemen, and the
franchise holder. Authorized expenditures will be determined on the basis of
what is expended during the entire multi-year period and not on what is
expended in any one year. For example, if in the first year less is expended
for construction than the eligible amount, the unused amount will carry over to
the next year and if in that year more is expended than the eligible amount
plus any carry over, the excess shall be carried forward to the next year and
credited against the franchise holder's expenditures, and so forth.
(n) If money is borrowed for an authorized
purpose, then Purse, Construction and Patronage and Tourism Promotion Fund
Moneys may be used for debt service (principal, interest and service charges)
on the loan. The franchise holder shall account to the Racing Commission for
expenditures from the proceeds of any loan, to insure that eligible items are
involved.
(o) If the amount of
approved expenditures exceeds the balance of the Purse, Construction, and
Patronage and Tourism Promotion Fund, the excess amount will remain payable to
the franchise holder out of the Purse, Construction, and Patronage and Tourism
Promotion Fund; provided that, with respect to expenditures incurred by the
franchise holder on or after January 1, 2001, interest shall not accrue on the
deficit balance, unless the interest is payable to an unrelated third-party
lender with respect to indebtedness directly incurred to finance construction
expenditures as contemplated by this Rule and Ark. Code Ann. Section
23-110-407(a)(3).
(p) If the franchise holder makes any
expenditure of Purse, Construction and Patronage and Tourism Promotion Moneys
in good faith and it is subsequently determined that all or part of that
expenditure does not qualify as an authorized purpose under this Rule or Ark.
Code Ann. Section
23-110-407(a)(3),
the franchise holder may use the unqualified amount for another purpose that is
qualified. If, after the franchise holder is afforded that opportunity, there
is a final determination that there remains at the end of the applicable
multi-year period an amount that represents an unauthorized expenditure, that
amount shall be paid to the Racing Commission for the use and benefit of the
State of Arkansas.
Instant Racing Purse &
Awards
2700. The
franchise holder shall pay to the Racing Commission for deposit in the Arkansas
Racing Commission Purse and Awards Fund, to be used for purse supplements,
breeders' awards, owners' awards, and stallion awards as provided in Ark. Code
Ann. Section
23-110-409, an amount equal to one
percent (1%) of the "net takeout" from pari-mutuel wagering at the franchise
holder's racetrack facility under the Electronic 1-2-3 (thoroughbred) Rules.
For this purpose, "net takeout" shall be the amount of the applicable takeout
from the wagering pool remaining after payments for system and race rights
usage fees.
Advance Deposit Wagering.
2800.
(a) As used in this Rule:
(i) "ADW" means advance deposit
wagering.
(ii) "Commission" means
the Arkansas Racing Commission.
(iii) "Federal Interstate Horseracing Act"
means the federal Interstate Horseracing Act of 1978, as amended, 15 U.S.
0Section
3001
et seq.,as in effect on the effective date of this
Rule.
(iv) "Franchise Holder" means
the holder of a franchise to conduct pari-mutuel wagering on (1) horse racing
under the Arkansas Horse Racing Law, Arkansas Code Section
23-110-101 et seq. or (2)
greyhound racing under the Arkansas Greyhound Racing Law, Arkansas Code Ann
Section 23-111-101 et seq.
(v) "Greyhound Racing Franchise Holder" means
the holder of a franchise to conduct pari-mutuel wagering on greyhound racing
under the Arkansas Greyhound Racing Law, Arkansas Code Ann. Section
23-111-101 et seq.
(vi) "Horse Racing Franchise Holder" means
the holder of a franchise to conduct pari-mutuel wagering on horse racing under
the Arkansas Horse Racing Law, Arkansas Code Section
23-110-101 et seq.
(vii) "Other ADW Provider" means any
individual or entity licensed in a jurisdiction other than Arkansas to engage
in ADW on horse or greyhound racing that accepts advance deposit wagers from
Arkansas residents, under the applicable law of the jurisdiction where the
individual or entity is so licensed, and in the case of horse racing, under the
Federal Interstate Horseracing Act.
(b) Horse Racing Franchise Holders may
conduct ADW under Arkansas Code Section
23-110-405(e) and
in accordance with this Rule. Greyhound Racing Franchise Holders may conduct
ADW under Arkansas Code Section
23-111-508(e) and
in accordance with this Rule.
(c) A
Franchise Holder's patrons may, with money on deposit in an account with the
Franchise Holder, place wagers by communication through telephone or other
mobile device, or through other electronic means, on races conducted at the
Franchise Holder's race track facility and races (horse and greyhound) at other
racetracks, whether or not the patron is located on the grounds of the
Franchise Holder's race track facility when placing the wager.
(d) A Franchise Holder or Other ADW Provider
may not accept advance deposit wagers under this Rule on any horse or greyhound
race unless the Franchise Holder or Other ADW Provider, as the case may be, has
the consent of the host racetrack (i.e., the racetrack where the race is
conducted) allowing the Franchise Holder or Other ADW Provider, as the case may
be, to accept wagers on such race.
(e) Prior to conducting ADW under this Rule,
the Franchise Holder shall provide to the Commission the Franchise Holder's
proposed rules governing patrons' ADW accounts, and such rules shall be subject
to approval by the Commission. Such ADW account rules (as approved by the
Commission) shall be made available to each account holder at the time the ADW
account is opened, either online at the Franchise Holder's internet website or
ADW platform, or in other written form delivered, mailed or otherwise made
reasonably available to the account holder.
(f) ADW accounts may be opened only by an
individual eighteen (18) years of age or older. An applicant for an ADW account
with a Franchise Holder must provide to the Franchise Holder the applicant's
name, resident address, mailing address (if different), social security number,
date of birth, and such other information required by the Franchise Holder's
ADW account rules.
(g) Franchise
Holders and Other ADW Providers conducting ADW under this Rule shall operate a
secure ADW platform consistent with (or exceeding) current security standards
and protocols in the ADW industry. Each ADW account shall have a separate
unique user name and passcode (or personal identification number).
(h) Funds in ADW accounts shall be segregated
from the Franchise Holder's own funds, and shall be maintained in a separate
account or accounts separate and apart from the Franchise Holder's other
accounts.
(i) A Franchise Holder
may contract with an Other AWD Provider to utilize the Other ADW Provider's ADW
platform as the Franchise Holder's ADW platform under this Rule.
(j) Wagers accepted under Arkansas Code
Section 23-110-405(e) or
Arkansas Code Section
23-111-508(e), as
applicable to the Franchise Holder, and this Rule shall be treated for all
purposes under the provisions of Arkansas Horse Racing Law, Arkansas Code
Section 23-110-101 et seq. or the Arkansas
Greyhound Racing Law, Arkansas Code Ann. Section
23-111-101 et seq., as applicable
to the Franchise Holder, and the rules of the Commission, as if the wagers were
made by the patron on the grounds of the Franchise Holder's race track facility
(e.g., advance deposit wagers accepted by the Franchise Holder on its live
races, shall be treated as if the patron made a wager at the Franchise Holder's
racetrack facility on a live race conducted at the Franchise Holder's racetrack
facility, and advance deposit wagers accepted by the Franchise Holder on
simulcast races from other racetracks, shall be treated as if the patron made a
wager at the Franchise Holder's racetrack facility on the simulcast
race).
(k) On or before January 7,
2014, and continuing on or before January 7 (if a business day, or if not, by
the next business day) of each calendar year thereafter, each Other ADW
Provider shall register as such with the Commission on forms supplied by the
Commission, and shall provide to the Commission information reasonably
requested by the Commission to verify that the Other ADW Provider is (i) duly
licensed by the applicable regulatory agency and (ii) in good standing in the
jurisdiction where the Other ADW Provider is licensed to conduct ADW. Other ADW
Providers accepting wagers on horse racing from Arkansas residents shall
comply, as applicable, with the Federal Interstate Horseracing Act.
(l) An Other ADW Provider may not accept
advance deposit wagers on horse racing from Arkansas residents unless the Other
ADW Provider has a mutually acceptable written agreement in place with the
Arkansas Horse Racing Franchise Holder to pay the Arkansas Horse Racing
Franchise Holder commercially reasonable source market fees consistent with
generally prevailing standards in the horse racing ADW industry relating to
such source market fees. The Arkansas Horse Racing Franchise Holder shall have
a mutually acceptable written agreement in place with the organization
representing horsemen at the Horse Racing Franchise Holder's racetrack
regarding the portion of such source market fees to be dedicated and used for
purses on live horse races conducted at the Horse Racing Franchise Holder's
racetrack.
(m) An Other ADW
Provider may not accept advance deposit wagers on greyhound racing from
Arkansas residents unless the Other ADW Provider has a mutually acceptable
written agreement in place with the Arkansas Greyhound Racing Franchise Holder
to pay the Arkansas Greyhound Racing Franchise Holder commercially reasonable
source market fees consistent with generally prevailing standards in the
greyhound racing ADW industry relating to such source market fees. The Arkansas
Greyhound Racing Franchise Holder shall have a mutually acceptable written
agreement in place with the organization representing greyhound owners and
trainers at the Greyhound Racing Franchise Holder's racetrack regarding the
portion of such source market fees to be dedicated and used for purses on live
greyhound races conducted at the Greyhound Racing Franchise Holder's
racetrack.
APPENDIX
1217.
Medication and Prohibited Foreign
Substances.
A. Medication
(a) No horse participating in a race or
entered in a race shall carry in its body any foreign substance except as
provided for in this rule.
(b) No
substance, foreign or otherwise, shall be administered to a horse entered to
race by:
(1) injection;
(2) jugging;
(3) oral administration;
(4) tube;
(5) rectal infusion or suppository;
(6) inhalation; or
(7) any other means; within twenty-four (24)
hours prior to the scheduled post time of the race the horse is running except
furosemide as provided for in this rule. The prohibitions in this section
include, but are not limited to, injection or jugging of vitamins, electrolyte
solutions, and amino acid solutions. The prohibition also includes, but is not
limited to, the topical, oral, or nasal administration of compounds, such as
Traileze, Vapol, Vicks vapor-rub, wind-aid, exhale ease, or containing
methylsalicylate, camphor, potassium iodide, or products containing "caine"
derivatives or dimethylsulfoxide (DMSO).
(c) Substances or metabolites thereof which
are contained in equine feed or feed supplements that do not contain
pharmacodynamic or chemotherapeutic agents are not considered foreign
substances if consumed in the course of normal dietary intake (eating and
drinking).
(d) The prohibition in
subsection (b) notwithstanding, the use of nebulizers are permitted on an
entered horse within twenty- four (24) hours of the scheduled post time for the
horse's race until the horse's arrival in the paddock provided their use is
restricted to water and saline solutions only.
(e) Topical dressings such as leg paints,
hoof dressings, and antiseptics, which do not contain anesthetics or a
pharmacodynamic or a chemotherapeutic agent, may be administered at any time
prior to a horse's arrival in the paddock.
B.
Foreign substances prohibited
(a) No horse participating in a race shall
carry in its body any foreign substance except as provided by these rules. A
finding by the chemist or commission designee that a foreign substance is
present in the test sample shall be prima facie evidence that such foreign
substance was administered and carried in the body of the horse while
participating in a race. Such a finding shall also be taken as prima facie
evidence that the trainer and his or her agents responsible for the care or
custody of the horse have been negligent in the handling or care of the
horse.
(b) Upon a finding of a
violation of this section, the owners or lessees of the horse from which the
specimen was obtained shall forfeit any purse money and any trophy or award.
However, forfeiture of any purse, trophy, or award for an overage of
phenylbutazone, flunixin, ketoprofen, or furosemide in violation of these rules
shall be consistent with Recommended Penalties of the Association of Racing
Commissioners, International.
C. Nonsteroidal anti-inflammatory drugs
(NSAIDs)
(a) The use of NSAIDs shall be
governed by the following conditions:
(1)
NSAIDs included in the ARCI Controlled Therapeutic Medication Schedule, Version
2.2, are not to be used in a manner inconsistent with the restrictions
contained therein. NSAIDs not included on the ARCI Controlled Therapeutic
Medication Schedule, Version 2.2, are not to be present in a racing horse
biological sample at the laboratory concentration of detection.
(2) The presence of more than one (1) NSAID
may constitute a NSAID stacking violation consistent with the following
restrictions:
(A) A Class 1 NSAID Stacking
Violation (Penalty Class B) occurs when:
(i)
two (2) nonsteroidal anti-inflammatory drugs are found at individual levels
determined to exceed the following restrictions:
(AA) Diclofenac - 5 nanograms per milliliter
of plasma or serum;
(BB) Firocoxib
- 20 nanograms per milliliter of plasma or serum;
(CC) Flunixin - 20 nanograms per milliliter
of plasma or serum;
(DD) Ketoprofen
- 2 nanograms per milliliter of plasma or serum;
(EE) Phenylbutazone - 2 micrograms per
milliliter of plasma or serum; or
(FF) all other nonsteroidal anti-inflammatory
drugs - laboratory concentration of detection;
(ii) three (3) or more nonsteroidal
anti-inflammatory drugs are found at individual levels determined to exceed the
following restrictions:
(AA) Diclofenac - 5
nanograms per milliliter of plasma or serum;
(BB) Firocoxib - 20 nanograms per milliliter
of plasma or serum;
(CC) Flunixin -
3 nanograms per milliliter of plasma or serum;
(DD) Ketoprofen - 1 nanogram per milliliter
of plasma or serum;
(EE)
Phenylbutazone - 0.3 micrograms per milliliter of plasma or serum; or
(FF) all other nonsteroidal anti-inflammatory
drugs - laboratory concentration of detection.
(B) A Class 2 NSAID Stacking Violation
(Penalty Class C) occurs when:
(i) any one (1)
substance noted in subsection (A)(i) above is found in excess of the
restrictions contained therein in combination with any one (1) of the following
substances at levels below the restrictions so noted but in excess of the
following levels:
(AA) Flunixin - 3 nanograms
per milliliter of plasma or serum;
(BB) Ketoprofen - 1 nanogram per milliliter
of plasma or serum; or
(CC)
Phenylbutazone - 0.3 micrograms per milliliter of plasma or serum.
(C) A Class 3 NSAID
Stacking Violation (Penalty Class C, fines only) occurs when:
(i) any combination of two (2) of the
following nonsteroidal anti-inflammatory drugs are found at or below the
restrictions in subsection (A)(i)(a through e) above but in excess of the noted
restrictions:
(AA) Flunixin - 3 nanograms per
milliliter of plasma or serum;
(BB)
Ketoprofen - 1 nanogram per milliliter of plasma or serum; or
(CC) Phenylbutazone - 0.3 micrograms per
milliliter of plasma or serum.
(b) Any horse to which a NSAID has
been administered shall be subject to having a blood and/or urine sample(s)
taken at the direction of the commission veterinarian to determine the
quantitative NSAID level(s) and/or the presence of other drugs which may be
present in the blood or urine sample(s).
D. Threshold levels
The official blood (serum or plasma), hair, and urine samples
may contain only the following therapeutic medications, their metabolites or
analogues, and shall not exceed the threshold concentrations specified in this
rule:
(1) The use of acepromazine
shall be permitted under the following conditions: Not to exceed ten (10)
nanograms per milliliter of the metabolite, 2-(1-hydroxyethyl) promazine
sulfoxide (HEPS), in urine.
(2) The
use of albuterol shall be permitted under the following conditions: Not to
exceed one (1) nanogram per milliliter of total albuterol (albuterol plus
conjugates) in urine.
(3) The use
of betamethasone shall be permitted under the following conditions: Not to
exceed ten (10) picograms per milliliter of betamethasone in serum or
plasma.
(4) The use of butorphanol
shall be permitted under the following conditions: Not to exceed three hundred
(300) nanograms per milliliter of total (free and conjugated) butorphanol in
urine or two (2) nanograms per milliliter of free butorphanol in serum or
plasma.
(5) The use of clenbuterol
in thoroughbreds shall be permitted under the following conditions: Not to
exceed one hundred forty (140) picograms per milliliter clenbuterol in urine or
the limit of detection (LOD) in serum or plasma. The presence of clenbuterol
shall not exceed the limit of detection (LOD) in urine, serum, plasma, or
hair.
(6) The use of cetirizine
shall be permitted under the following conditions: Not to exceed six (6)
nanograms per milliliter of serum or plasma.
(7) The use of cimetidine shall be permitted
under the following conditions: Not to exceed four hundred (400) nanograms per
milliliter of serum or plasma.
(8)
The use of dantrolene shall be permitted under the following conditions: Not to
exceed one hundred (100) picograms per milliliter of 5-hydroxydantrolene in
serum or plasma.
(9) The use of
detomidine shall be permitted under the following conditions: Not to exceed two
(2) nanograms per milliliter of carboxydetomidine in urine or one (1) nanogram
per milliliter detomidine in blood.
(10) The use of dexamethasone shall be
permitted under the following conditions: Not to exceed five (5) picograms per
milliliter of dexamethasone in plasma or serum.
(11) The use of diclofenac shall be permitted
under the following conditions: Not to exceed five (5) nanograms per milliliter
of diclofenac in plasma or serum.
(12) The use of dimethylsulfoxide (DMSO)
shall be permitted under the following conditions: Not to exceed ten (10)
micrograms per milliliter of DMSO in serum or plasma.
(13) The use of firocoxib shall be permitted
under the following conditions: Not to exceed twenty (20) nanograms per
milliliter of firocoxib in serum or plasma.
(14) The use of glycopyrrolate shall be
permitted under the following conditions: Not to exceed three (3) picograms per
milliliter of glycopyrrolate in serum or plasma.
(15) The use of guaifenesin shall be
permitted under the following conditions: Not to exceed twelve (12) nanograms
per milliliter of serum or plasma.
(16) The use of isoflupredone shall be
permitted under the following conditions: Not to exceed one hundred (100)
picograms per milliliter of isoflupredone in serum or plasma.
(17) The use of lidocaine shall be permitted
under the following conditions: Not to exceed twenty (20) picograms per
milliliter of total 30-hydroxylidocaine (to include conjugates) in serum or
plasma.
(18) The use of mepivacaine
shall be permitted under the following conditions: Not to exceed ten (10)
nanograms per milliliter of total hydroxymepivacaine in urine or the LOD of
mepivacaine in serum or plasma.
(19) The use of methocarbamol shall be
permitted under the following conditions: Not to exceed one (1) nanogram per
milliliter of methocarbamol in serum or plasma.
(20) The use of methylprednisolone shall be
permitted under the following conditions: Not to exceed one hundred (100)
picograms per milliliter of methylprednisolone in serum or plasma.
(21) The use of omeprazole shall be permitted
under the following conditions: Not to exceed ten (10) nanograms per milliliter
of omeprazole sulfide in serum or plasma.
(22) The use of prednisolone shall be
permitted under the following conditions: Not to exceed one (1) nanogram per
milliliter of prednisolone in serum or plasma.
(23) The use of procaine penicillin shall be
permitted under the following conditions:
(A)
Not to exceed twenty-five (25) nanograms per milliliter of procaine in serum or
plasma, and
(B) Administration of
procaine penicillin must be reported to the official veterinarian at the time
of administration, and
(C) Procaine
penicillin must not be administered after the horse is entered to race,
and
(D) Mandatory surveillance of
the horse must occur for the six (6) hours immediately preceding the race for
which the horse is entered by association security at the owner's
expense.
(24) The use of
ranitidine shall be permitted under the following conditions: Not to exceed
forty (40) nanograms per milliliter of serum or plasma.
(25) The use of triamcinolone acetonide shall
be permitted under the following conditions: Not to exceed one hundred (100)
picograms per milliliter of triamcinolone acetonide in serum or
plasma.
(26) The use of xylazine
shall be permitted under the following conditions: Not to exceed two hundred
(200) picograms per milliliter of xylazine in serum or plasma.
E. Furosemide as a permitted
foreign substance
Furosemide may be administered intravenously to a horse, which
is entered to compete in a race. Except under the instructions of the
commission veterinarian or the racing veterinarian for the purpose of removing
a horse from the veterinarian's list or to facilitate the collection of a
post-race urine sample, furosemide shall be permitted only after the commission
veterinarian has placed the horse on the furosemide list. In order for a horse
to be placed on the furosemide list, the following process must be
followed:
(1) After the horse's
licensed trainer and practicing veterinarian determine that it would be in the
horse's best interests to race with furosemide, they shall notify the official
veterinarian or his/her designee, using the prescribed form, that they wish the
horse to be put on the furosemide list.
(2) The form must be received by the
commission veterinarian or his/her designee by the proper time deadlines so as
to ensure public notification.
(3)
A horse placed on the official furosemide list must remain on that list unless
the licensed trainer and practicing veterinarian submit a written request to
remove the horse from the list. The request must be made to the commission
veterinarian or his/her designee, on the proper form, no later than the time of
entry.
(4) After a horse has been
removed from the furosemide list, the horse may not be placed back on the list
for a period of sixty (60) calendar days unless it is determined to be
detrimental to the welfare of the horse, in consultation with the commission
veterinarian. If a horse is removed from the official furosemide list a second
time in a three hundred sixty-five (365) day period, the horse may not be
placed back on the list for a period of ninety (90) calendar days.
(5) Furosemide shall only be administered on
association grounds.
(6) Upon the
request of the regulatory agency designee, the veterinarian administering the
authorized bleeder medication shall surrender the syringe used to administer
such medication, which may then be submitted for testing.
(7) Time of treatment. Horses qualified for
medication and so indicated on the official bleeder list must be treated at
least four (4) hours prior to post time.
(8) Medication administration. Bleeder
medication shall be administered by a veterinarian licensed by the commission
at an intravenous dose level not to exceed five hundred (500) milligrams and no
less than one hundred fifty (150) milligrams. Administration of furosemide
shall take place in the horse's stall or a specific location otherwise
designated by the commission
(9)
Out-of-state horses. A bleeder horse shipped into the state from another
jurisdiction may be automatically eligible to receive furosemide provided that
the jurisdiction from which it was shipped qualified it as a bleeder using
criteria satisfactory to this state. The Daily Racing Form, Equibase, the breed
registry foal certificate, or bleeder certificate may be utilized in
determining a horse's eligibility to receive furosemide.
(10) The test level of furosemide under this
rule shall not be in excess of one hundred (100) nanograms per milliliter of
serum or plasma and shall not be below a urine specific gravity of one and ten
one-thousandths (1.010). If an insufficient volume of urine is obtained, a
positive test shall be based upon quantitative testing performed on blood serum
or plasma only. Split sample testing shall be quantitative and be performed on
blood serum or plasma only.
F. Bleeding from nostrils
A horse known to have bled from its nostrils for the first time
within a 365-day period during a race or workout may not race during the next
14 days without prior approval by the commission veterinarian or his/her
designee. If a horse bleeds from its nostrils a second time within a 365-day
period, the horse shall be placed on the veterinarian's list and prohibited
from racing for a minimum of 30 days. If a horse bleeds from its nostrils a
third time within a 365-day period, the horse shall be placed on the
veterinarian's list and prohibited from racing for at least 180 days. If a
horse bleeds from its nostrils a fourth time within 365 days, the horse will be
barred from racing in Arkansas. For the purpose of counting, the number of days
a horse is ineligible starts the day after the horse is observed
bleeding.
A horse that bleeds from its nostrils, but upon endoscopic
examination shows no sign of pulmonary hemorrhage, shall not be subject to the
restrictions imposed by this section. After expiration of the ineligibility
period, a horse must perform a workout without bleeding, to the satisfaction of
the commission veterinarian. Prior to the workout, a blood sample may be
collected by the Commission veterinarian and sent to the commission's testing
laboratory. After the workout, the commission veterinarian may witness an
endoscopic examination of the horse to confirm the horse has not bled.
G. Program information
In order to inform the race track patrons of those horses
racing with medication, the permit holder shall indicate in the racing program
that a horse is racing with permitted foreign substances for race day
administration.
H. Drug
classification and penalties
(a) Except as
provided in subsection (b), upon a finding of a violation of this rule, the
stewards shall consider the classification level of the violation as currently
established by the Uniform Classification Guidelines of Foreign Substances and
Recommended Penalties and Model Rule as revised by the ARCI and impose
penalties and disciplinary measures consistent with the recommendations
contained therein. Provided, however, that in the event a majority of the
stewards determine that mitigating circumstances require imposition of a lesser
penalty they may impose the lesser penalty. In the event a majority of the
stewards wish to impose a greater penalty or a penalty in excess of the
authority granted them, then, and in such event, they may impose the maximum
penalty authorized and refer the matter to the commission with specific
recommendations for further action.
(b) Cobalt shall carry a category "B"
penalty, as established by the Recommended Penalties and Model Rule, regardless
of its presence in a post-race or out of competition sample. The stewards shall
consider levels less than fifty (50) parts per billion a mitigating factor and
levels of one hundred (100) parts per billion or more an aggravating factor
when determining penalties.
I. Androgenic-anabolic steroids (AAS)
(a) No AAS (androgenic-anabolic steroid)
shall be permitted in test samples collected from racing horses except for
endogenous concentrations of the naturally occurring substances boldenone,
nandrolone, and testosterone at concentrations less than the indicated
thresholds.
(b) Concentrations of
these AAS shall not exceed the following free (
i.e.,not
conjugated) steroid concentrations in plasma or serum:
(1) Boldenone - A confirmatory threshold not
greater than 25 picograms/milliliter for all horses, regardless of
sex;
(2) Nandrolone - A
confirmatory threshold not greater than 25 picograms/milliliter for fillies,
mares, and geldings; males horses other than geldings shall be tested for
Nandrolone in urine;
(3)
Testosterone - A confirmatory threshold not greater than 25
picograms/milliliter for fillies, mares, and gelding.
(c) Total concentrations of these AAS shall
not exceed the following total concentrations in urine after hydrolysis of
conjugates:
(1) Boldenone - A confirmatory
threshold not greater than 1 nanogram/milliliter for fillies, mares, and
geldings; a confirmatory threshold not greater than 15 nanograms/milliliter in
male horses other than geldings;
(2) Nandrolone - A confirmatory threshold not
greater than 1 nanogram/milliliter for fillies, mares, and geldings; a
confirmatory threshold not greater than 45 nanograms/milliliter (as
5[ALPHA]-estrane-3ß,17a-diol) of urine in male horses other than
geldings;
(3) Testosterone - A
confirmatory threshold of not greater than 55 nanograms/milliliter of urine in
fillies and mares (unless in foal); a confirmatory threshold of not less than
20 nanograms/milliliter in geldings.
(d) All other AAS are prohibited in racing
horses.
(e) The sex of the horse
must be identified to the laboratory for all samples designated for AAS
testing.
(f) A trainer may request
that a horse be placed on the veterinarian's list due to medically necessary
treatment with AAS. The horse shall remain on the veterinarian's list:
(1) for 365 days;
(2) until the concentration of the drug or
metabolite in urine or blood has fallen below the designated threshold for the
administered AAS; or
(3) until the
concentration of the drug or metabolite in urine or blood has fallen below the
limit of detection for AAS that do not have a designated threshold, whichever
is longer.
J.
Environmental contaminants and substances of human use
(1) Environmental contaminants are either
endogenous to the horse or can arise from plants traditionally grazed or
harvested as equine feed or are present in equine feed because of contamination
during the cultivation, processing, treatment, storage or transportation
phases.
(2) Substances of human use
and addiction may be found in the horse due to its close association with
humans.
(3) If the preponderance of
evidence presented in the hearing shows that a positive test is the result of
environmental contamination, including inadvertent exposure due to human drug
use, or dietary intake, or is endogenous to the horse, those factors should be
considered in mitigation of any disciplinary action taken against the affected
trainer. Disciplinary action shall only be taken if test sample results exceed
the regulatory thresholds in the most recent version of the ARCI Endogenous,
Dietary, or Environmental Substances Schedule.
(4) The identification and adoption of these
uniform thresholds for certain substances
K. Laboratory reports
A finding by a chemist at a commission-approved equine drug
testing laboratory that a test sample taken from a horse contains a drug or its
metabolites or analogs, or any substance foreign to the natural horse, any drug
found in excess of the commission-approved levels, substances present in the
horse in excess of concentrations at which such substances could occur
naturally, or substances foreign to a horse at concentrations that cause
interference with testing procedures shall be prima facie evidence that such
foreign substance has been administered to the horse either internally or
externally in violation of this rule. It is presumed that:
(1) the sample of urine, saliva, blood, hair,
or other acceptable specimen tested by the approved laboratory to which it is
sent is taken from the horse in question, its integrity is preserved;
(2) all accompanying procedures of
collection, preservation, transfer to the laboratory, and analysis of the
sample are correct and accurate; and
(3) the report received from the laboratory
pertains to the sample taken from the horse in question and correctly reflects
the condition of the horse during the race in which it was entered or, in a
case of out of competition testing, when the test sample was taken; with the
burden on the trainer, assistant trainer, or other responsible person to prove
otherwise at any hearing in regard to the matter conducted by the stewards or
the commission.
L.
Pre-race testing
The stewards may require any horse entered to race to submit to
a blood test, and no horse is eligible to start in a race until the owner or
trainer complies with the required testing procedure.
M. Selection of horses tested
(a) The stewards, the commission veterinarian
or the executive director of the commission may order a blood test, hair test,
or urine test, or all three (3), on a horse for the purpose of
analysis.
(b) A blood specimen,
hair specimen, or urine specimen, or all three (3), shall be taken from the
following horses after the running of each race:
(1) The horse that finishes first in each
race.
(2) Any other horses
designated by the stewards, the commission veterinarian or the executive
director of the commission.
(3) The
stewards and the commission veterinarian designate for the taking of such a
specimen a horse that races markedly contrary to form.
N. Taking of samples
(a) Blood, urine, saliva, hair, or other
samples shall be:
(1) taken under the
direction of the commission veterinarian or persons appointed or assigned by
the commission veterinarian for such purposes;
(2) taken in a detention area approved by the
commission unless the commission veterinarian or stewards approves
otherwise;
(3) witnessed,
confirmed, or acknowledged by the trainer of the horse being tested or his or
her authorized representative or employee and may be witnessed by the owner,
trainer, or other licensed person designated by them;
(4) sent to racing laboratories approved and
designated by the commission in such manner as the commission or its designee
may direct; and
(5) in the custody
of the commission veterinarian, his or her assistants, or other persons
approved by the executive director or the commission veterinarian from the time
they are taken until they are delivered for shipment to the testing laboratory.
No person shall tamper with, adulterate, add to, break the seal
of, remove, or otherwise attempt to so alter or violate any sample required to
be collected by this rule, except for the addition of preservatives or
substances necessarily added by the commission approved laboratory for
preservation of the sample or in the process of analysis.
(b) The commission has the
authority to direct the approved laboratory to retain and preserve samples for
future analysis.
(c) The fact that
purse money has been distributed shall not be deemed a finding that no chemical
substance has been administered in violation of the provisions of this rule to
the horse earning such purse money.
O. Split Sample procedures
(a) All collection procedures shall be done
in accordance with chain of custody guidelines.
(b) The owner or trainer of any horse which
has a drug overage or positive will have 96 hours to notify the stewards or
commission veterinarian they wish to have a split sample tested at a RMTC
accredited laboratory.
(c) Before
sending an equine sample to the primary testing laboratory, the commission
veterinarian or a designated commission employee shall divide the specimen into
two (2) parts provided a sufficient amount is collected.
(d) The commission veterinarian or a
designated commission employee shall attempt to collect a minimum of fifty (50)
milliliters of urine. A urine specimen shall not be split if less than fifty
(50) milliliters is collected from the horse. In such instances, the commission
is entitled to submit the entire urine specimen for testing or detain the horse
an adequate amount of time until it can be obtained. If an insufficient volume
of urine is obtained, the trainer and owner are not entitled to a split
sample.
(e) The commission
veterinarian, a licensed veterinarian authorized by the commission, or a
veterinary technician under the direct supervision of a commission veterinarian
shall collect a minimum of thirty (30) milliliters of blood, which shall be
divided into two (2) portions, one (1) of which shall be forwarded to the
primary laboratory.
(f) The
commission veterinarian, a licensed veterinarian authorized by the commission,
or a veterinary technician under the direct supervision of a commission
authorized veterinarian shall collect a minimum of a hair sample that is at
least the same size in diameter as a standard lead pencil.
(g) If the retained part of a specimen is
sent for testing, the commission veterinarian or designated commission employee
shall arrange for the transportation of the specimen in a manner that ensures
the integrity of the sample.
(h)
Blood samples shall be centrifuged.
P. Storage and shipment of split samples
(a) The commission veterinarian or his/her
designee shall store the retained part of a specimen in secure, limited access
storage at a site approved by the commission for the period required by this
section.
(b) If the results of the
initial test on a specimen are negative, the commission veterinarian, or
his/her designee, or primary laboratory may discard the retained part of the
specimen upon receipt of the negative result. If the result of the initial test
on a specimen is positive, the commission veterinarian, or his/her designee, or
primary laboratory may discard the retained part of the specimen after the
expiration of the period during which an owner or trainer may request the
retained part be sent for split testing.
(c) The identity of the drug or drug
metabolites may be revealed to the split sample laboratory. Communication
between the primary and split sample laboratory is limited to the exchange of
the analytical method and the threshold level used to confirm the drug's
identity.
(d) The association shall
be responsible for providing sufficient freezer space to accommodate the
retained specimens.
Q.
Administrative procedures prior to split sample testing
(a) The results of all tests performed by the
primary laboratory or laboratories are confidential until such time a ruling is
issued in that matter and shall only be communicated to the commission,
commission staff, stewards, owner, and trainer. Notice of a positive test
result may be communicated verbally to the trainer. The trainer shall be
responsible for promptly notifying the owner of a horse of a positive test as
reported by the primary laboratory.
(b) The trainer or owner of a horse for which
a positive result on a drug test is returned may request that the stewards
submit the retained part of the specimen for testing in accordance with this
section. The specimen must be tested by a laboratory that is identified on the
list of approved laboratories maintained by the commission and acceptable to
the following:
(1) The commission.
(2) The primary laboratory.
Laboratories providing split sample testing shall be RMTC
accredited unless otherwise approved by the commission. The request must be in
writing, include the laboratory selection, and must be delivered to the
stewards not later than ninety-six (96) hours after the trainer has received
notice of a positive test result. Failure to request testing of a split sample
and provide all necessary information within ninety-six (96) hours shall
constitute a waiver of the right. The split sample laboratory shall be
contacted by a representative of the commission to request acceptance of a
split sample. The trainer or owner may choose any laboratory on the commission
maintained applicable list to test the sample. However, the commission or
executive director may limit the choice of laboratory for the detection of
specific drugs.
(c) The trainer or owner may elect to waive
his or her right to testing of a split sample.
(d) The owner or trainer of a horse who
submits a specimen for drug testing is entitled to be present or have a
representative present at any time that the retained part of the specimen is
prepared for storage or is tested.
(e) The split sample laboratory may require
the owner or trainer of a horse who submits a specimen for testing to execute a
hold harmless agreement for the split sample laboratory and an agreement that
the results of the split sample laboratory can be introduced as evidence in any
hearing. The agreements shall remain in the hands of the stewards.
(f) The trainer or owner may request that
negative control samples be tested with the split sample. The identities of the
negative control samples and the split sample shall be known only to the
commission.
(g) The presence of a
drug or drug metabolite in any quantity, excluding phenylbutazone, flunixin,
ketoprofen or furosemide is sufficient for a finding of a positive
test.
R. Administrative
procedures subsequent to split sample testing
(a) The split sample laboratory shall send a
confidential written report on the result of its tests to the commission staff
which in turn shall send a confidential report to the trainer and owner
forthwith.
(b) No action shall be
taken against the trainer or owner if the results of split sample testing are
not confirmed.
(c) No hearing shall
be held concerning the allegations against the trainer or owner, nor shall
purse redistribution take place, until split sample testing has been completed
and the results of the primary laboratory have been confirmed.
(d) The owner or trainer shall be notified in
writing of the:
(1) results of the primary and
split sample laboratories in the case of confirmed positives; and
(2) time and place of any administrative
hearings resulting from the findings.
S. Cost of split sample testing
(a) In order for a split sample laboratory to
be identified on the list of laboratories approved by the Commission, it must
establish reasonable fees for split sample testing based on their actual cost
of testing. Fees for split sample testing shall include the cost of testing
negative control samples if requested by the owner or trainer.
(b) The trainer or owner requesting split
sample testing and negative control samples shall pay all costs of transporting
and conducting tests on the split sample and negative control
samples.
(c) The trainer or owner
requesting split sample testing and negative control samples shall make full
payment at the time laboratory selection occurs or in accordance with split
laboratory requirements.
(d) The
commission shall reimburse the trainer or owner for the cost of split sample
testing if the results from the split sample laboratory do not confirm the
presence of the drug at levels above the thresholds levels.
Rule 1217(A)
A.
Anabolic Steroids
(1) The use of one of four approved anabolic
steroids shall be permitted under the following conditions:
(a) Not to exceed the following permitted
urine or plasma threshold concentrations:
(i)
Stanozolol (Winstrol) - 1 ng/ml in urine or 100 pg/ml in plasma
(ii) Boldenone (In male horses other than
geldings; including free boldenone and boldenone liberated from its
conjugates)-15 ng/ml in urine or 25 pg/ml in plasma
(iii) Nandrolone - 1 ng/ml in urine or 190
pg/ml in plasma
(iv) Testosterone
1. in geldings-20 ng/ml in urine or 25 pg/ml
in plasma
2. in fillies and
mares-55 ng/ml urine or 25 pg/ml in plasma.
(b) Any other anabolic steroids are
prohibited to be administered.
(c)
The presence of any one or more of the four approved anabolic steroids above
the approved thresholds is not permitted.
(d) Post-race urine samples must have sex of
the horse identified.
(e) Any horse
to which an anabolic steroid has been administered in order to assist in the
recovery from an illness or injury may be placed on the veterinarian's list in
order to monitor the concentration of the drug in urine. Once the concentration
is below the designated threshold the horse is eligible to be removed from the
list.
Rule
1217(B)
B.
Out of
Competition Testing for Blood and/or Gene Doping Agents
(1) Any horse on the grounds at a racetrack
or training center under the jurisdiction of the commission; or under the care
or control of trainer or owner licensed by the commission is subject to testing
for blood and/or gene doping agents without advance notice. This rule does not
apply to therapeutic medications approved by the FDA for use in the
horse.
(2) Horses to be tested may
be selected at random, with probable cause, or as determined by the
commission;
(3) The Commission
Veterinarian, or any licensed veterinarian or licensed veterinary technician
authorized by the commission, may at any time, take a urine, blood or hair
sample from a horse for this purpose.
(4) Prohibited substances, practices and
procedures are defined as:
(a) Blood doping
agents including, but not limited to Erythropoietin (EPO), Darbepoetin,
Oxyglobin, Hempure, Aransep or any substance that abnormally enhances the
oxygenation of body tissues.
(b)
Gene doping agents or the non-therapeutic use of genes, genetic elements,
and/or cells that have the capacity to enhance athletic performance or produce
analgesia.
(5)
Cooperation with the Commission Veterinarian, or any licensed veterinarian or
licensed veterinary technician authorized by the commission, includes:
(a) Assisting in the immediate location and
identification of the horse selected for out of competition testing;
(b) Providing a stall or safe location to
collect the samples;
(c) Assisting
the veterinarian in properly procuring the samples;
(d) Split samples will be collected as per
PMRMR-025-023-C.
(6) Out
of competition samples will be sent to the official laboratory of the
commission, or other laboratory as designated by the commission with reports
made in accordance with the provisions of these medication rules and the
penalty provisions thereof.
Rule 1217(C)
C.
Prohibited Practices -
Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy
The use of Extracorporeal Shock Wave Therapy or Radial Pulse
Wave Therapy shall not be permitted unless the following conditions are
met:
(a) Any treated horse shall not
be permitted to race for a minimum of 10 days following treatment;
(b) The use of Extracorporeal Shock Wave
Therapy or Radial Pulse Wave Therapy machines shall be limited to veterinarians
licensed to practice by the Commission;
(c) Any Extracorporeal Shock Wave Therapy or
Radial Pulse Wave Therapy machines on the association grounds must be
registered with and approved by the Commission or its designee before
use;
(d) All Extracorporeal Shock
Wave Therapy or Radial Pulse Wave Therapy treatments must be reported to the
official veterinarian on the prescribed form not later than the time prescribed
by the official veterinarian.
Rule 1217(D)
D.
Multiple Medication Violations
(MMV)(a) A trainer who receives a
penalty for a medication violation based upon a horse testing positive for a
Class 1-5 medication with Penalty Class A-C, as provided in the most recent
version of the ARCI Uniform Classification Guidelines for Foreign Substances,
shall be assigned points as follows:
Penalty Class Controlled
|
Points If Controlled Therapeutic
Substance
|
Points If Non-Substance
|
Class A
|
N/A
|
6
|
Class B
|
2
|
4
|
Class C with point for violation
|
1/2 for first violation with an additional 1/2 point for
each additional violation within 365 days1
|
1 for first violation an additional 1/2 each additional
within 365 days
|
Class D
|
0
|
0
|
If the Stewards or Commission determine that the violation is
due to environmental contamination, they may assign lesser or no points against
the trainer based upon the specific facts of the case.
(b) The points assigned to a medication
violation by the Stewards or Commission ruling shall be included in the ARCI
official database. The ARCI shall record points, including, when appropriate, a
designation that points have been suspended for the medication violation.
Points assigned by such regulatory ruling shall reflect, in the case of
multiple positive tests whether they constitute a single violation. The
Stewards' or Commission's Ruling shall be posted on the official website of the
Commission and within the official database of the Association of Racing
Commissioners International. If an appeal is pending, that fact shall be noted
in such Ruling. No points shall be applied until a final adjudication of the
enforcement of any such violation.
(c) A trainer's cumulative points for
violations in all racing jurisdictions shall be maintained by the ARCI. Once
all appeals are waived or exhausted, the points shall immediately become part
of the trainer's official ARCI record and shall be considered by the Commission
in its determination to subject the trainer to the mandatory enhanced penalties
by the Stewards or Commission as provided in this regulation.
1
Points for NSAID violations only
apply when the primary threshold of the NSAID is exceeded. Points are not to be
separately assigned for a stacking violation.
(d) Multiple positive tests for the same
medication incurred by a trainer prior to delivery of official notice by the
Commission may be treated as a single violation. In the case of a positive test
indicating multiple substances found in a single post-race sample, the Stewards
may treat each substance found as an individual violation for which points will
be assigned, depending upon the facts and circumstances of the case.
(e) The official ARCI record shall be used to
advise the Stewards or Commission of a trainer's past record of violations and
cumulative points. Nothing in this administrative regulation shall be construed
to confer upon a licensed trainer the right to appeal a violation for which all
remedies have been exhausted or for which the appeal time has expired as
provided by applicable law.
(f) The
Stewards or Commission shall consider all points for violations in all racing
jurisdictions as contained in the trainer's official ARCI record when
determining whether the mandatory enhancements provided in this regulation
shall be imposed.
(g) In addition
to the penalty for the underlying offense, the following enhancements shall be
imposed upon a licensed trainer based upon the cumulative points contained in
his/her official ARCI record:
Points
|
Suspension in days
|
5-5.5
|
15 to 30
|
6-8.5
|
30 to 60
|
9-10.5
|
90 to 180
|
11 or more
|
180 to 360
|
MMV penalties are not a substitute for the current penalty
system and are intended to be an additional uniform penalty when the
licensee:
(i) Has had more than one
medication violation for the relevant time period, and;
(ii) Exceeds the permissible number of
points.
The Stewards and Commission shall consider aggravating and
mitigating circumstances, including the trainer's prior record for medication
violations, when determining the appropriate penalty for the underlying
offense. The MMV is intended to be a separate and additional penalty for a
pattern of violations.
(h) The suspension periods shall run
consecutive to any suspension imposed for the underlying offense.
(i) The Stewards' or Commission's Ruling
shall distinguish between the penalty for the underlying offense and any
enhancement based upon a Stewards' or Commission's review of the trainer's
cumulative points and regulatory record, which may be considered an aggravating
factor in a case.
(j) Points shall
expire as follows:
Penalty Classification
|
Time to Expire
|
A
|
3 years
|
B
|
2 years
|
C
|
1 year
|
In the case of a medication violation that results in a
suspension, any points assessed expire on the anniversary date of the date the
suspension is completed.