Current through Register Vol. 51, No. 19, September 20, 2024
A. Except as
provided by this section, an owner may not be allowed to start a horse under
the jurisdiction of the Commission until the owner has obtained from the
Commission a current owner's license. The license may be revoked, for cause, by
the Commission or, in the discretion of the Commission, may be suspended, for
cause, for any period of time. Before issuance of a license, an owner may be
required to satisfy the Commission of his financial responsibility. An owner
shall maintain his financial responsibility so long as he is licensed by the
Commission. The stewards, in their discretion, may allow an owner to race a
horse one time while awaiting action on the owner's application for licensure.
An owner who so races but does not complete his application for a license and
pay the appropriate fee within a reasonable period of time, shall be precluded
from racing until his application is filed, and license fee paid.
B. Disqualification of a husband or wife from
having a license may apply equally to both.
C. The application for a license shall be
made upon a form of application prepared by the Commission.
D. A licensed owner shall order the
production and transfer of all health and medical records, as defined under
COMAR 09.10.03, held by the individual or veterinarian providing services to
the horse owned by them within 7 days if:
(1)
The horse is sold to, claimed by, or transferred to a new owner; or
(2) The Racing Commission Equine Medical
Director makes a request for such records.
E. Multiple Ownership.
(1) Forms of multiple ownership shall be duly
licensed by the Commission before being allowed to start a horse.
(2) The license application of the multiple
ownership entity ("entity") shall be accompanied by the relevant documents
governing the formation of the entity which shall contain, among other things,
the following:
(a) The name, address, social
security number, and date of birth of each person having an interest in the
entity;
(b) The relative
proportions of the interests in §F(2)(a);
(c) To whom the winnings are
payable;
(d) In whose name the
horse or horses owned by the entity shall run;
(e) The name of the person designated to act
as agent for the entity in all racing matters;
(f) The names of the horse or horses owned by
the entity;
(g) The terms of any
contingency, lease, or other arrangement. A copy of the documents shall be
attached to the registration certificate of any horses owned by the
entity.
(3) A person
holding an interest of 5 percent or more in an entity shall be deemed to hold a
beneficial interest and shall obtain an owner's license. Beneficial interest
includes all direct and indirect forms of ownership or control, or both, voting
power, or investment power, held through any contract, lien, lease,
partnership, stockholding, syndication, joint venture, understanding,
relationship (including family relationship), present or reversionary right,
title or interest, or otherwise.
(4) A person holding a beneficial interest in
an entity shall disclose any beneficial interests which that person holds in
any horses to the Commission, at the time of licensing and at the track not
later than the time of entry.
(5)
Officers, directors, general partners, managers, and authorized agents of an
entity shall obtain an owner's license.
(6) Each entity shall designate in writing
the person authorized to act as agent for the entity in all racing matters.
This person shall obtain an owner's license and represent more than 50 percent
of the financial interests in the entity, and shall be subject to the rules
governing the authorized agent. The Commission shall be notified in writing by
the entity of any change in the person designated as its agent. An agent for an
entity may not assume the responsibilities of the trainer unless that person is
the trainer.
(7) The Commission may
deny, suspend, or revoke the license of an entity in which a beneficial
interest is held by a person who is or would be ineligible to be licensed as an
owner in any respect.
(8) Changes
either in the structure of the entity or in the persons holding any interest in
the entity shall be immediately disclosed to the Commission in
writing.
(9) Horses owned by the
entity shall race in the name of the entity, the stable name of the entity, or
the name of the agent designated to act for the entity with the designation "et
al" following the agent's name.
(10) The Commission, through the racing
secretary's office, shall review the ownership of each horse entered to race
and ensure that each registration or eligibility certificate is properly
endorsed by the transfer or to the entity. The Commission may determine, for
racing purposes, the validity of all liens, transfers, and agreements
pertaining to ownership of a horse and may call for adequate evidence of
ownership at any time. The Commission may declare ineligible to race any horse
whose ownership is in question.
(11) Coupled Horses.
(a) In §F(11) of this regulation,
"commonality of ownership" means that the same person, persons, entity, or
entities own at least 25 percent of a horse entered in a race and also own at
least 25 percent of another horse entered in the same race.
(b) Except as provided in this subsection,
horses may be uncoupled at the time of entry for betting purposes if the horses
have commonality of ownership.
(c)
If horses have commonality of ownership in a stakes race, the horses shall be
uncoupled for betting purposes.
(d)
If a race is split into two or more divisions, horses subject to the provisions
of §F(11)(b) of this regulation shall be seeded in separate divisions, if
possible, but the divisions in which they compete and the post positions shall
be determined by lot.
(12) A person involved in a multiple
ownership entity may lease, subject to the provisions of COMAR
09.10.04.22B, the
person's interest in the entity to another person in the multiple ownership
entity.
F. If an owner
engages two or more jockeys for the same race, he shall pay the losing fee for
each engaged jockey not riding in the race, as well as the proper fee to the
jockey who does ride.
G. An owner
who makes a frivolous complaint or frivolously places a hold upon the results
of a race being made official may be fined or suspended by the
stewards.
