Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
230.215,
230.240,
230.260,
230.290,
230.310,
230.320
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215(2) authorizes the
Kentucky Horse Racing Commission (the "commission") to promulgate
administrative regulations prescribing the conditions under which all horse
racing is conducted in Kentucky.
KRS
230.260(8) grants the
commission the authority to regulate conditions under which horse racing shall
be conducted in Kentucky. This administrative regulation establishes
requirements for entry, subscription, and declaration of horses in order to
race.
Section 1. Definition.
"Subscriber" means an owner who enters a horse into a stakes race and pays the
requisite entry fee.
Section 2.
Entering Required. A horse shall not be qualified to start in any race unless
it has been, and continues to be, entered in the race. Entries or subscriptions
for any horse, or the transfer of entries or subscriptions for any horse, may
be refused or cancelled by the association without notice or reason
given.
Section 3. Procedure for
Making Entries.
(1) An entry, subscription,
declaration, or scratch shall be filed with the racing secretary and shall not
be effective until received by the racing secretary. The racing secretary shall
maintain a record of the time of receipt of an entry, subscription,
declaration, or scratch for a period of at least one (1) year.
(2) An entry shall be made by the owner, the
trainer, or an authorized agent of the owner or trainer. An entry shall be in
the name of a horse's licensed owner, as completely disclosed and registered
with the racing secretary pursuant to subsection (3) of this section.
(3) An entry shall be submitted in writing or
by telephone to the racing secretary. A telephone entry shall be confirmed
promptly in writing if requested by the stewards, the racing secretary, or an
assistant to the racing secretary.
(4) An entry shall clearly designate the
horse entered as reflected by its registration certificate, racing permit, or
virtual certificate.
(a) A horse shall not
race unless registered pursuant to
810 KAR 4:010 or otherwise
correctly identified to the satisfaction of the stewards.
(b) Establishing the identity of a horse
shall be the responsibility of its owner and of any other person required to
certify the identity of the horse. A person shall be subject to appropriate
disciplinary action under
810 KAR
8:030 for incorrect identification.
(5) The entry shall indicate usage
of furosemide pursuant to
810
KAR 8:010.
(6) An entry shall not be altered after the
closing of entries, except to correct an error with permission of the
stewards.
(7) A horse shall not be
entered in two (2) races to be run on the same day.
(8)
(a) A
horse that has not started in the past forty-five (45) days shall not be
permitted to start unless it has at least one (1) published workout within
twenty (20) days of entry at a distance satisfactory to the stewards. If a
horse has performed the requisite workout, but the workout does not appear in
the past performances, the horse shall be permitted to start if the stewards
determine that the workout failed to be published through no fault of the
trainer.
(b) A horse that has not
started in the past ninety (90) days shall not be permitted to start unless it
has at least two (2) published workouts during the past ninety (90) day period,
one of which occurs within twenty (20) days of entry at a distance satisfactory
to the stewards. If a horse has performed the requisite workouts, but the
workouts do not appear in the past performances, the horse shall be permitted
to start if the stewards determine that the workout failed to be published
through no fault of the trainer.
(c) A horse that has not started in the past
180 days shall not be permitted to start unless it has at least three (3)
published workouts during the past 180-day period, one (1) of which occurs
within twenty (20) days of entry, at a distance satisfactory to the stewards.
If a horse has performed the requisite workouts, but the workouts do not appear
in the past performances, the horse shall be permitted to start if the stewards
determine that the workouts failed to be published through no fault of the
trainer.
(d) A horse starting for
the first time shall not be permitted to start unless it has three (3)
workouts, one (1) of which is from the starting gate, one (1) of which is
within twenty (20) days of entry, and at least one (1) of which is
published.
(e) A workout not
appearing in the official program shall be publicly displayed on television
monitors, the tote board, and, if available, the bulletin boards where photo
finishes are shown at the time when mutuel windows are opened and shall be
displayed until the conclusion of the race in which the horse is
entered.
(f) A horse that has never
started shall not be entered until the trainer has produced a document or card
issued by the starter indicating that the horse has been adequately trained to
race from the starting gate.
(9) If the published conditions of the race
permit, an association may accept in a turf race an entry designated "main
track only." Preference shall apply to all horses drawn into a race, except
that horses entered as "main track only" shall be listed as also-eligible and
be considered only if the race is taken off the turf.
(10) A horse shall only be permitted to enter
if at the time of entry, the owner, trainer, or an authorized agent of the
owner or trainer submits a complete medical record for the horse for the
fourteen (14) day period prior to the entry date.
Section 4. Limitation as to Spouses.
(1) An entry in a race shall not be accepted
for a horse owned wholly or in part or trained by a person whose spouse is
under license suspension, revocation, or is otherwise ineligible to be
licensed, at the time of the entry except as established in subsection (2) of
this section.
(2) If the license of
a jockey has been suspended for a routine riding offense, depending on the
severity of the offense, the stewards may waive the application of this section
as to the licensed spouse of the suspended jockey.
Section 5. Mutuel Entries.
(1) More than two (2) horses having common
ties through training shall not be entered in a purse race.
(2) Horses entered in the same race and owned
wholly or in part by the same owner or spouse, may be joined as a mutuel entry
and single betting interest.
(3)
More than two (2) horses having common ties through ownership or training shall
not be joined as a mutuel entry in a purse race. If making a double entry of
horses owned wholly or in part by the same owner or spouse, or having common
ties through training, a preference for one (1) of the horses shall be
made.
(4)
(a) Two (2) horses having common ties through
ownership or training shall not start in a purse race to the exclusion of a
single entry.
(b) In any race, the
racing secretary may uncouple entries having common ties through training or
ownership to make two (2) separate betting interests.
Section 6. Subscriptions.
(1) A subscriber to a stakes race may
transfer or declare a subscription prior to the closing of entries for the
race.
(2) Joint subscriptions and
entries may be made by any one (1) of the joint owners of a horse. Each owner
shall be jointly and severally liable for all payments due.
(3) Death of a horse or a mistake in its
entry if the horse is eligible shall not release the subscriber or transferee
from liability for all stakes fees due. Fees paid in connection with a
subscription to a stakes race that is run shall not be refunded, except as
otherwise stated in the conditions of the stakes race.
(4) Death of a nominator or original
subscriber to a stakes race shall not render void any subscription, entry, or
right of entry. All rights, privileges, and obligations shall attach to the
successor owner, including the legal representatives of the decedent.
(5) If a horse is sold privately, sold at
public auction, or claimed, stakes engagements for it shall be transferred
automatically with the horse to its new owner. If the horse is transferred to a
person whose license is suspended, revoked, or is otherwise ineligible to be
licensed, the subscription shall be void as of the date of the
transfer.
(6) All stakes fees paid
toward a stakes race shall be allocated to the winner unless otherwise provided
by the condition for the stakes race. If a stakes race is cancelled for any
reason, all subscription fees paid shall be refunded.
Section 7. Closings.
(1) Entries for purse races and subscriptions
to stakes races shall close at the time designated by the association in
previously published conditions for the races.
(a) If a race is not split, an entry,
subscription, or declaration shall not be accepted after closing
time.
(b) If a purse race fails to
fill, or in an emergency, the racing secretary may extend the closing time, if
the approval of a steward has been obtained.
(2) Entries that have closed shall be
compiled without delay by the racing secretary and shall be posted along with
declarations.
Section 8.
Number of Starters in a Race.
(1) The maximum
number of starters in any race shall be limited to the number of starting
positions afforded by the association starting gate and any extensions approved
by the commission as can be positioned across the width of the track at the
starting point for the race. The maximum number of starters further shall be
limited by the number of horses that, in the opinion of the stewards after
considering the safety of the horses and riders and the distance from the start
to the first turn, may be afforded a fair and equal start.
(2)
(a) A
maiden, starter, or claiming race shall be run if:
1. Eight (8) or more horses are
entered;
2. The horses entered
represent different betting interests; and
3. The race is listed in the printed
condition book.
(b)
Except as established in paragraph (c) of this subsection, any other purse race
shall be run if:
1. Six (6) or more horses are
entered;
2. The horses entered
represent different betting interests; and
3. The race is listed in the printed
condition book.
(c) If a
purse race under paragraph (b) of this subsection includes two (2) horses
having common ties through training or ownership, the race shall be run if
eight (8) or more horses are entered.
(3) If a purse race in the printed condition
book fails to fill with the minimum number of entries required by subsection
(2) of this section, the association may cancel or declare the race off. The
names of all horses entered in the race shall be publicly posted in the office
of the racing secretary on the date of entry.
Section 9. Split or Divided Races.
(1) If a race is cancelled or declared off,
the association may split any race programmed for the same day that may
previously have been closed. Races printed in the condition book shall have
preference over substitute and extra races.
(2) If a purse race is split, forming two (2)
or more separate races, the racing secretary shall give notice of the split not
less than fifteen (15) minutes before the races are closed in order to grant
time for the making of additional entries to the split races.
(3) Division of entries upon the splitting of
any race shall be made in accordance with the conditions under which entries
and subscriptions were made and the conditions established in paragraphs (a)
through (c) of this subsection.
(a) Horses
originally joined as a mutuel entry may be placed in different divisions of a
split race unless the person making the multiple entry, at the time of the
entry, indicates the coupling of horses is not to be uncoupled if the race is
split.
(b) Division of entries in
any split stakes race may be made according to age, sex, or both.
(c) Entries for any split race not divided by
any method provided for in this administrative regulation shall be divided by
lot so as to provide a number of betting interests as nearly equal as possible
for each division of the split race.
Section 10. Post Positions.
(1) Post positions for all races shall be
determined by lot, except as established in Section 11(5) of this
administrative regulation. Owners, trainers, and their representatives shall
have the opportunity to be present at the drawing.
(2) The racing secretary shall assign program
numbers for each starter to conform with the post position drawn, except if a
race includes two (2) or more horses joined as a single betting
interest.
Section 11.
Also-Eligible List.
(1) If the number of
entries for a race exceeds the number of horses permitted to start, as
established by Section 8 of this administrative regulation, the names of no
more than eight (8) horses entered but not drawn into the race as starters
shall be posted on the entry sheet as "also-eligible" to start.
(2) After a horse has been excused from a
race at scratch time, also-eligible horses shall be drawn into the body of the
race based on preference. If preference is equal, horses shall be drawn by lot,
unless otherwise stipulated in the conditions of the race.
(3)
(a) An
owner or trainer of a horse on the also-eligible list not wishing to start the
horse in a race shall notify the racing secretary prior to scratch time for the
race. The horse shall forfeit any preference to which it may have been
entitled.
(b) If there are no
scratches in the body of a race, a horse on the also-eligible list not drawn
into the race shall retain its previously established preference.
(4) A horse on the also-eligible
list for a race on the present day that has been drawn into the body of a race
on a future race day, shall not be permitted to run in the race on the present
day for which it had been listed as also-eligible. This shall not include
stakes, handicaps, races at subsequent meets, or races in other
jurisdictions.
(5) A horse on the
also-eligible list shall be assigned a post position by preference. If
preference is equal, post positions shall be drawn by lot, unless otherwise
stipulated in the published conditions of the race.
Section 12. Preferred List.
(1) The racing secretary shall maintain a
list of horses that were entered but denied an opportunity to race because they
were eliminated from a race included in the printed condition book either by
overfilling or failure to fill.
(2)
The racing secretary shall submit, for approval of the commission at least
thirty (30) days prior to the opening date of a race meeting, a detailed
description of the manner in which preference will be allocated.
(3) Preferences shall not be given to a horse
otherwise eligible for a race if it is also entered for a race on a future race
day. This shall not include stakes and handicaps.
Section 13. Arrears. Unless approved by the
racing secretary, a horse shall not be entered or raced unless its owner has
paid all stakes fees owed.
Section
14. Declarations.
(1)
Declarations shall be made in the same form, time, and procedure as required
for the making of entries.
(2)
Declarations shall be irrevocable.
(3) A declaration fee shall not be required
by any licensed association.
Section
15. Scratches.
(1) Scratches
shall be irrevocable and shall be permitted under the conditions established in
this section.
(a) Except as established in
paragraph (b) of this subsection, a horse may be scratched from a stakes race
for any reason at any time until four (4) hours prior to post time for the race
by obtaining approval from the stewards. Upon receiving a scratch from a stakes
race, the racing secretary shall promptly notify the stewards and pari-mutuel
manager, and shall cause public announcement of the scratch to be
made.
(b) If a list of
also-eligible horses has been drawn, scratches shall be filed at the regular
scratch time as posted by the racing secretary. Scratch time may be extended by
the stewards at their discretion if warranted. Thereafter, a horse shall not be
scratched unless:
1. A valid physical reason
exists; or
2. The scratch is
related to adverse track conditions or change of racing surface.
(c) A horse shall not be scratched
from a purse race unless:
1. The approval of
the stewards has been obtained; and
2. Intention to scratch has been filed in
writing with the racing secretary or the secretary's assistant at or before
scratch time.
(2) A scratch of one (1) horse coupled in a
mutuel entry in a purse race shall be made at or before scratch time, unless
permission is granted by the stewards to allow both horses to remain in the
race until a later appointed scratch time.
(3) In a purse race, a horse that is
physically disabled or sick shall be permitted to be scratched first. If horses
representing more than eight (8) betting interests remain in after horses with
physical excuses have been scratched, an owner or trainer may scratch horses
without physical excuses at scratch time, down to a minimum of eight (8)
betting interests. This privilege shall be determined by lot if an excessive
number of owners or trainers wish to scratch their horses.
(4) A horse that has been scratched or
excused from starting by the stewards because of a physical disability or
sickness shall be placed on the commission's veterinarian list for six (6)
calendar days beginning the day after the horse was scratched or
excused.
(5) Each association shall
keep records and statistics documenting the effect upon field sizes of the six
(6) day veterinarian list requirement in subsection (4) of this section.
Records and statistics kept pursuant to this section shall be retained by the
licensed racing association for at least one (1) year.
Section 16. Official Publication Statistics.
In determining eligibility, allowances and penalties, the reports, records, and
statistics as published in the Daily Racing Form or similar publication as the
commission considers appropriate to advise the public and the monthly chart
books, or corresponding official publications of any foreign country, shall be
considered official, but may be corrected until forty-five (45) minutes prior
to post time of the race.
Section
17. Examination by Attending Veterinarian.
(1) Subject to the exception in subsection
(4), a horse shall only be entered if:
(a) The
horse has been examined by an attending veterinarian licensed by the veterinary
regulatory body in the jurisdiction where the examination occurs no more than
three (3) days prior to entry;
(b)
The attending veterinarian certifies in writing that the horse is in
serviceable, sound racing condition; and
(c) The written certification is provided to
the Equine Medical Director or designee no later than the time of
entry.
(2) The
examination required by paragraph (a) of subsection (1) of this section shall
include watching the horse jog in hand.
(3) If the attending veterinarian who
examines the horse prescribes a diagnostic test as part of the evaluation of
the horse's soundness, the results of the test shall be provided to the
commission's veterinarian no later than one (1) day before the horse is set to
start.
(4) If a racing secretary
contacts a trainer to fill a race, the trainer may enter a horse prior to
obtaining the examination and written certification required in this section,
if the certification required in this section is provided to the Equine Medical
Director or designee on the day that the horse is entered.
STATUTORY AUTHORITY:
KRS
230.215(2),
230.260(8)