Current through Register Vol. 63, No. 12, December 1, 2024
(1) No person (including licensees) shall:
(a) Incite, encourage, instruct, assist, or
cause or attempt to cause another person to engage in any violation of ORS
Chapter 462 or any rule of the commission, or to commit any prohibited act in
relation to racing in another racing jurisdiction.
(b) Offer or accept any form of compensation
for cashing a pari-mutuel ticket for another.
(c) Direct any personally offensive language,
inappropriate gesture or sign, profanity, obscenity, or abusive epithets toward
any racing official or employee of the commission at any place under the
jurisdiction of the racing commission.
(d) Take any action upon a racecourse that
creates or causes a clear and present danger of violence.
(e) Initiate any physical altercation with
another person on a racecourse.
(f)
Threaten another person with physical harm or probable physical harm.
(g) Refuse to obey reasonable orders or
directions of a racing official, security personnel of the race meet licensee
or Oregon Racing Commission employees.
(h) Sell or offer to sell tip sheets or any
other written, electronic or oral predictions as to the outcome of races at any
place under the jurisdiction of the commission unless licensed to do so by the
commission.
(i) Gamble, bet, or
wager on a racecourse except as authorized by the State of Oregon.
(j) Except for the race meet licensee,
solicit any wagers from the public.
(k) Give or offer to give any bribe directly
or indirectly, to any licensee, racing official, commission member or employee,
or any other person having official duties in relation to any race, racecourse,
or racing animal.
(l) Tamper or
attempt to tamper with an animal, or apply or aid in applying to an animal or
possess on a racecourse any electrical or mechanical device or prohibited
medication intended to affect the performance of an animal.
(m) Possess a hypodermic needle or usable
injectable syringe on which a needle may be attached on a racecourse, except
veterinarians or veterinarian assistants licensed by the Oregon Racing
Commission. On a racecourse, veterinarians may use only one-time disposable
needles, and shall dispose of them appropriately, according to Oregon
Veterinary Medical Examining Board standards. If a person has a medical
condition which makes it necessary to have a syringe on the racecourse, that
person must request permission of the stewards in writing, furnish a letter
from a licensed physician explaining why it is necessary for the person to have
a syringe on the racecourse, and must comply with any conditions and
restrictions set by the stewards.
(n) Administer, offer to administer, or allow
to be administered to any racing animal any prohibited drug or medication, or
an unauthorized quantity of an approved drug or medication.
(o) Alter or forge a prescription for
medication for a racing animal, or any legal document including but not limited
to: a bill of sale, a claim blank, a license application, a treatment form, a
registration certificate, ownership registration certificate, lease
certificate, a check, or a license application.
(p) Impersonate any racing official,
commission member or employee, or any other person having official duties in
relation to any race, racecourse, or animal in any manner including forging any
of these individuals' names or initials on any document.
(q) Submit or knowingly allow to be submitted
to the commission, commission personnel, racing secretary or any racing animal
registry, any report or document or application which contains false or
misleading information.
(r) Mar or
alter any identification mark on a racing animal.
(s) With the exception of commission staff
and racing officials in the conduct of official business, use cell phones in
the paddock, jockeys' room, test barn enclosure/area and on the racing surface
when the area is actively in use.
(t) Smoke inside the test barn/storage area,
under the covered portion of the stables, including stalls, tack rooms,
shedrow, or in designated "No Smoking" areas.
(u) Use any tobacco products or have food or
beverages in the designated testing areas.
(v) Test barn commission staff is permitted
to have food or beverages in specified areas only under the following
conditions:
(A) Test barn staff is to be free
of food residues on their person and to wash their hands prior to testing
horses or handling samples.
(B)
Food or beverage items that contain prohibited substances are not permitted in
the test barn enclosure.
(w) Possess on a racecourse any deadly weapon
or firearm, a BB gun, blow gun, pellet gun or similar device, except law
enforcement officers, commission officials and security personnel.
(x) While employed by the race meet licensee,
racing commission or acting as a racing official, wager at the racecourse where
employed or working, while on duty, or ask any other person to place a bet on
their behalf. This includes individuals working under contract with the race
meet licensee during the racing program and the employees of contractors of the
race meet licensee who are working during the racing program.
(y) Allow any person under the age of
eighteen (18) years to place or collect a wager. Race meet licensee shall turn
over to the proper civil authorities any person who violates this rule, to be
punished upon conviction of any such violation, according to law. This rule
shall be posted conspicuously at entrance gates and throughout wagering areas.
The license of any employee participating in any transaction relative to
wagering with persons under the age of eighteen (18) years may be summarily,
suspended or revoked.
(z) Move,
nominate or enter to race a racing animal on a racecourse except with express
permission of the trainer, racing secretary, owner, stall superintendent or the
stewards.
(aa) Submit any animal
in their charge to cruel or inhumane treatment. Cruel or inhumane treatment
includes, but is not limited to:
(A)
Inadequate food, shelter and water as defined by typical industry standards for
those animals kept in similar climates and conditions;
(B) Neglect in any manner, including adequate
veterinary care and attention when necessary;
(C) Conditions which cause the animal
unnecessary physical pain or suffering;
(D) Prohibited conduct described in ORS
167.310 to 167.388 in the form the statute provided on the effective date of
this rule.
(bb) Commit
theft or buy, sell or possess any stolen property, or buy, sell or possess any
illegal contraband.
(cc) Illegally
influence or conspire, or attempt to influence or conspire, to affect the
result of any race or manipulate the odds in which an animal
participates.
(dd) Violate any
written agreement entered into with the Oregon Racing Commission, the board of
stewards or any other commission employee as a result of an order of the
commission or stewards.
(ee) Engage
in any lewd, obscene, indecent, or inappropriate conduct
(2) No licensee shall:
(a) Enter for official racing, official
schooling, start, cause or allow to be entered or start, a racing animal that
the licensee knows or should know does not meet all entry
requirements.
(b) Come onto a
racecourse or participate in a race meet while suspended, excluded or ruled off
by the official body of any racing jurisdiction unless otherwise ordered by the
board of stewards or the Oregon Racing Commission.
(c) Knowingly harbor or otherwise enable the
unlawful presence of any individual who is suspended or revoked by the official
body of any racing jurisdiction or excluded by the race meet
licensee.
(d) Fail to immediately
notify the racing secretary when the licensee discovers that any entry or
starting requirement for a racing animal under the licensee's control is not
met or is no longer being met.
(e)
Allow or cause a scratch to become necessary, which could have been avoided by
the exercise of reasonable care.
(f) Fail to request a scratch immediately
upon learning that a scratch is necessary.
(g) Solicit, offer or accept any bribe in any
form, directly or indirectly, to or from any person, in connection with any
race meet in any racing jurisdiction which is a member of Association of Racing
Commissioners International (ARCI). A conviction is not required in order to
prove a violation of this rule.
(h)
Commit any corrupt, fraudulent, or unlawful act on any racecourse or in
connection with any race meet in any racing jurisdiction which is a member of
ARCI.
(i) Fail to cooperate with
commission personnel, officials or security personnel when requested to comply
with these statutes and rules relating to racing.
(j) Fail to report to the stewards' office
promptly upon request.
(k) Lodge a
frivolous complaint.
(l) Knowingly
allow an unlicensed person to participate in a race meet if the licensee knows
or should know that the person is required to be licensed.
(m) Fail to properly escort unlicensed
individuals after registering them with security personnel as guests.
(n) Fail to immediately report to the
commission the unlicensed participation in a race meet of any person who the
licensee knows or should know is required to be licensed.
(o) Fail to report promptly to a commission
representative any possession or use of a prohibited drug, prohibited
medication or prohibited paraphernalia.
(p) Fail to notify the commission in writing
of a change of officer, director, stockholder (except for publicly traded
corporations), or partner, within 30 days, if the change occurred during a race
meet, or prior to the next race meet, if the change occurred after a race
meet.
(q) Ride a horse on the
racecourse without properly wearing an approved helmet and vest.
(r) Retain any prize or purse money which the
person has reason to know was paid in error or lost because of disqualification
or commission action as a result of an appeal.
(s) If an owner, assistant trainer, groom or
other person having charge, custody or care of a racing animal, fail to protect
the racing animal and guard it against the administration of unauthorized drugs
or any other illegal conduct.
(t)
Direct, by use of language, gesture or sign, any profanity, obscenity or
abusive epithets toward the public at a racecourse.
(u) Direct any personally offensive language,
inappropriate gesture or sign, profanity, obscenity, or abusive epithets toward
any person while in view of the public.
(v) Allow anyone other than participating
jockey, authorized racing officials, representatives of the commission,
licensed valets and authorized licensed vendors in the jockey room between two
hours before post time for the first race of the day and one hour after the
last race without consent of the stewards for each time of entry.
(w) Other than a licensed jockey agent, make
engagements for a jockey. A jockey may make his/her own engagements if not
represented by a jockey agent.
(x)
Engage in any dishonest conduct on a racecourse.
(y) Engage in any unprofessional conduct on a
racecourse.
(z) Willfully and
deliberately fail or refuse to pay any monies when due for any service,
supplies or fees connected with their operations as a licensee; nor shall a
licensee falsely deny any such amount due or the validity of the complaint
thereof with the purpose of hindering or delaying the payment of the debt or
defrauding the person to whom the indebtedness is due.
(aa) Write, issue, make or present any check
in payment for any license fee, fine, nomination or entry fee or other fees, or
for any service or supplies when such licensee knows or should reasonably know
that the said check will be refused for payment by the bank upon which it is
written, or that the account upon which the check is written does not contain
sufficient funds for payment of the said check, or that the check is a stop
payment check or is written on a closed account or a nonexistent account. The
fact that such a check is returned to the payee by the bank as refused,
constitutes a rebuttable presumption for a finding of financial
irresponsibility.
(bb) Except in
cases deemed appropriate by the board of stewards, no person shall enter the
stalls, shed row, tack rooms, feed sheds or the immediate adjacent area of the
locations, unless the person has prior approval of the trainer to whom the
locations are assigned by the association. This rule does not apply to racing
officials, investigators of the commission, security officers, employees or
agents of the association who are on duty, law enforcement or fire protection
officers, or employees, agents or representatives of the trainer to whom the
locations are assigned.
(3) Substance Abuse:
(a) Alcohol Consumption: No licensee may have
present within his/her system an amount of alcohol which would constitute being
intoxicated, defined as .08% blood alcohol content or greater, while in a
restricted area. No jockey, apprentice jockey, valet, assistant starter, pony
person, exercise person, or racing official may have present within his/her
system an amount of alcohol which would constitute being impaired, defined as
.02% or greater blood alcohol content, while responsible for performing their
official duties.
(A) Any licensee may be
required to take a breath alcohol test prior to their participation in racing
events.
(B) Acting with reasonable
suspicion, the stewards, or a designated Racing Commission representative, may
direct any licensee to submit to a breathalyzer test to determine blood alcohol
content.
(C) Refusal to take a
breath test will be considered as positive evidence of a violation of
subsection (3)(a).
(D) Sanctions
for Alcohol Violations
(i) Penalties for a
first offense may result in a fine and/or a suspension up to 15 days. The
licensee may be required to present an evaluation by a certified rehabilitation
program approved in advance by the commission. If the evaluation determines
treatment is needed, the licensee shall provide documented proof of completion
or current enrollment in an appropriate certified rehabilitation program prior
to reinstatement.
(ii) Penalties
for a second offense may result in a fine and suspension up to 30 days. The
licensee may be required to present an evaluation by a certified rehabilitation
program approved in advance by the commission. If the evaluation determines
treatment is needed, the licensee shall provide documented proof of completion
or current enrollment in an appropriate certified rehabilitation program prior
to reinstatement.
(iii) Penalties
for third and subsequent offenses shall result in a fine and suspension for no
less than 90 days. The licensee shall be required to present an evaluation by a
certified rehabilitation program approved in advance by the commission. If the
evaluation determines treatment is needed, the licensee shall provide
documented proof of completion or current enrollment in an appropriate
certified rehabilitation program prior to reinstatement.
(iv) A history of substance abuse violations
other than alcohol may be considered as aggravating circumstances when
considering penalties for alcohol abuse, and may result in penalties greater
than those listed in these rules.
(b) Drugs/Controlled Substances: No licensee
within any place under the jurisdiction of the racing commission shall have in
the licensee's body any controlled substance or drug listed in Schedules I
through V of 21 USC Section 812 except for a drug which was obtained or taken
pursuant to a valid legal written prescription or order from a licensed
physician acting in the course of the physician's professional conduct and
which is produced by the licensee upon request.
(A) Acting with reasonable suspicion, the
stewards, or a designated racing commission representative, may direct any
licensee observed in a restricted area or any racing official acting in their
capacity to submit to drug testing for analysis. When so directed, said
licensee shall submit to such examination. If the result of the test indicates
the presence of a controlled substance as delineated above, or if the person
refuses to be tested, either for reasonable suspicion or under random testing
criteria, or if the specimen was adulterated as reported by the official
testing laboratory, the person may be fined and/or suspended as described in
this rule. If the laboratory determines that the sample is dilute, the licensee
being tested shall be required to submit another urine sample. To ensure the
sample will not be dilute, the licensee will be required to report for testing
at a specified time and remain until the sample is acquired.
(B) Controlled Substance Testing Expense:
Except for split samples, laboratory analysis will be performed at the racing
commission's expense, unless pursuant to a prior order of the stewards or
commission reinstating the licensee, or the person produced an adulterated
specimen, in which case retesting may be performed only after the person pays
the cost of the first test to the commission.
(C) Sanctions for Controlled Substance
Violations
(i) A licensee's first violation
may in a fine and/or suspension. If suspended, reinstatement shall not occur
until the licensee has been evaluated by, and a current written report is
received from, a drug counselor certified by the State of Oregon and who is
approved in advance by the commission or stewards. If the report states that
treatment is required, reinstatement shall not occur until the licensee
presents documented proof of current enrollment in or completion of an
appropriate certified rehabilitation program approved in advance by the
commission. Reinstatement is also subject to licensee producing at licensee's
expense, a negative test from a laboratory approved in advance by the
commission, and the licensee agreeing in writing to submit urine specimens at
the request of the stewards, or designated racing commission representative,
for not less than five years, or until no longer licensed. Any failure to
comply with the certified counselor's and/or stewards' instructions may result
in immediate suspension.
(ii) A
licensee's second violation within five years of the first violation shall
result in an indefinite suspension and reinstatement shall not occur until the
licensee completes all of the contingencies listed above in subsection
(i).
(iii) A licensee's third
violation within seven years of the second violation shall result in a
suspension of up to 365 days and may include referral to the commission for
consideration of exclusion and/or revocation of the license.
(iv) A history of alcohol abuse violations
may be considered as aggravating circumstances when considering penalties for
drug abuse violations and may result in penalties greater than those listed in
these rules.
(D)
Prescription Medication:
(i) Any licensee who
has obtained a medical prescription for any drug listed in Schedules I through
V of 21 USC Section 812 may be required to furnish the Commission or the
stewards written documentation from the issuing physician that the use of the
prescribed drug will not impede the licensee from performing the duties for
which they are licensed or threaten the safety or welfare of others or a racing
animal.
(ii) If, in the opinion of
the board of stewards, the use of any lawfully prescribed drug listed in
Schedules I through V of 21 USC Section 812 would or could pose a threat to the
health, safety or welfare of the licensee, others or a racing animal, the board
of stewards, after having an appropriate hearing, can bar the licensee from
entering a restricted area of any racecourse or their handling of any race
animal subject to appeal.
(E) Knowledge of a person's voluntary and
active participation in an approved rehabilitation program will not constitute
grounds for "reasonable suspicion" under this rule.
(4) Any licensee who violates any
provision of ORS Chapter 462 or any rule adopted there under is subject to
further discipline by the board of stewards, up to the limits imposed by law,
and also is subject to further discipline by the racing commission, including
suspension, revocation, civil penalties, exclusion, probation, and such other
discipline as may be appropriate in the case. Whenever a licensee is suspended,
the stewards have the commission's authority to also exclude him or her. Any
non-licensee who, in the opinion of the stewards, acts in a manner detrimental
to racing may be subject to exclusion.
(5) When grounds exist for suspension of a
license, the stewards or commission may also impose other appropriate sanctions
including, but not limited to, forfeiture of purse, return of prizes, ruling
off, or forbidding entry of racing animals.
(6) When a license is suspended, it may be
suspended for all categories licensed, including reciprocity
suspensions.
(7) Ejection. The race
meet licensee may eject any person from the race course for any reasons and in
any manner that is not contrary to law. The race meet licensee shall notify the
commission within 24 hours of any ejection or arrest occurring on the
racecourse, including the details thereof.
(8) All licensees shall report any known
irregularities or wrong doings by any person immediately to a commission
employee and cooperate in subsequent investigations.
Statutory/Other Authority: ORS 462.270(3)
Statutes/Other Implemented: ORS
462.270