810 KAR 5:060 - Entries and starters
RELATES TO: KRS 230.215, 230.260(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the Kentucky Horse Racing and Gaming Corporation to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. This administrative regulation establishes requirements for entries.
Section
1. Entries. An entry shall:
(1)
Be made in writing, by telephone, or electronically to the association racing
secretary's office;
(2) Include the
following information pertinent to the entry:
(a) The name of the horse;
(b) The name of the trainer;
(c) The name of the driver; and
(d) The class of the race into which the
horse is to be entered; and
(3) Comply with the provisions of Section 18
of this administrative regulation if the entry concerns an overnight
event.
(4) 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
such horse for the fourteen (14) day period prior to the entry date.
Section 2. Payment of Entry Fee.
An entry fee shall be due and payable with declaration to start and shall not
be refunded if the horse fails to start, unless the horse dies between the time
of declaration to start and the start of the race.
Section 3. Receipt of Entries for Early
Closing Events, Late Closing Events, Stakes and Futurities.
(1) An entry that is not received prior to
the hour of closing shall be ineligible.
(a)
If an entry or payment in a stake, futurity, or early closing race is payable
on a Sunday or a legal holiday that falls on Saturday, the payment shall be due
on the following Monday, and if made by mail, the envelope shall be postmarked
on or before the following Tuesday.
(b) If a payment is due on a Monday that is a
legal holiday, the payment shall be due on the following Tuesday, and if made
by mail, the envelope shall be postmarked on or before the following
Wednesday.
(2) Postage
meter. If an entry is received by letter bearing the postage meter date without
a postmark, the postage meter date shall be considered to be a postmark if the
letter is received within seven (7) days following the closing date of the
event. A letter received later than seven (7) days following the closing date
of the event shall not be considered a valid entry or payment.
Section 4. Deviation from
Published Conditions. An entry and payment not governed by published conditions
shall be void and any deviation from published conditions shall be a violation
of this administrative regulation. A nominator who is allowed privileges not in
accordance with the published conditions of the race, or which are in conflict
with the published conditions or with Title 810 KAR, shall be barred from
receiving any portion of the purse, and any person who knowingly allows the
privileges shall be in violation of this administrative regulation.
Section 5.
(1) Ineligible Horse in a Stakes Race.
(a) A nominator shall be required to
guarantee the identity and eligibility of entries and declarations. If a
nominator provides incorrect information, winnings shall be forfeited and
redistributed to eligible entries, and the person who provided the information
shall be in violation of this administrative regulation.
(b) A person who obtains a purse or money
through fraud or error, with the exception of paragraph (c) of this subsection,
shall surrender or repay the proceeds upon demand. If the proceeds are not
repaid upon demand, the horse that was the subject of the fraud or error, and
all persons involved, shall be in violation of this administrative regulation
and subject to suspension or revocation until repayment is made.
(c) If a horse is declared ineligible as a
result of the negligence of the race secretary, the association shall reimburse
the owner for the resultant loss of winnings.
(2) Ineligible horse drawn into overnight
race. The trainer shall be responsible for entering the horse in the race for
which it is eligible.
Section
6. Transfer of Ineligible Horse. A horse entered in an event for
which it is not eligible may be transferred to any event for which it is
eligible at the same gait.
Section
7. Withholding Purse on Ineligible Horse. An association shall
withhold the purse of a horse, with or without a formal protest, if the
association receives information that the entry or declaration was fraudulent
or ineligible.
Section 8. Agreement
to Race Under Rule. An entry shall constitute an agreement that the horse to be
entered and all persons associated with or having control of the horse shall
abide by Title 810 KAR.
Section 9.
Early Closing Events and Late Closing Races.
(1) Date and place. The sponsor shall state
the place and date the event will be raced, and there shall not be a change in
the date, program, events, or conditions after the nominations have been taken
without the written consent of the owners or trainers of all horses eligible
when the conditions are changed.
(2) Filing conditions. An entry blank shall
be filed with the corporation.
(3)
Payments shall be made on or before the 15th day of the month. Nominations and
payments other than starting fees in early closing events shall be advertised
to be received on the 15th day of the month.
(4) List of nominations. A complete list of
nominations to any late closing race or early closing event shall be made
available within twenty (20) days after the date of closing to each nominator
and the corporation.
(5) Procedure
if event does not fill. If the event does not fill, each nominator and the
corporation shall be notified within ten (10) days, and a refund of nomination
fees shall accompany the notice.
(6) Transfer provisions for change of gait.
(a) The following conditions shall govern
transfers if there is a change of gait, unless the association makes available
to the corporation, at least thirty (30) days prior to the first publication,
its early closing conditions and receives the approval of the corporation for
those conditions:
1. If a condition published
for early closing events allows transfer for change of gait, the transfer shall
be to the slowest class for which the horse is eligible, and eligibility shall
be determined at time of closing of entries.
2. The race to which transfer may be made
shall be the race nearest in time to the date of the event for which the horse
was originally entered.
(b) A two (2) year old, three (3) year old,
or four (4) year old entered in a class that corresponds to its age group shall
be permitted to transfer only to a class for the same age group at the adopted
gait, and shall be the race nearest in time to the date of the original event.
If transfer is made, entry fees shall be so adjusted.
Section 10. Subsequent Payments;
List of Eligibles. If subsequent payments are required by the published
conditions, a complete list of those horses withdrawn or declared out shall be
made within fifteen (15) days after:
(1) The
payment was due; and
(2) The list
has been made available to each nominator and the corporation.
Section 11. Trust Funds. Fees paid
in early closing events shall be segregated and held as trust funds until the
event is contested.
Section 12.
Early Closing Events by New Track. An early closing event at a pari-mutuel
meeting shall not be advertised, nor shall nominations be taken for an early
closing event, until the event has been approved by the corporation. An
association accepting nominations to early closing races, late closing races,
stakes, or futurities shall provide stable space to a horse nominated and
eligible to the event the day before, the day of, and the day after the
race.
Section 13. Limitation on
Conditions. Conditions of an early closing event or a late closing race shall
not add a horse that has not been nominated to an event or eliminate an already
nominated horse from an event by reason of the performance of the horse at an
earlier meeting during the same season, and conditions purporting to do so
shall be considered to be invalid. An early closing event or a late closing
event shall not have more than two (2) also eligible conditions.
Section 14. Purse Requirements. In early
closing races, late closing races, and overnight races requiring entry fees,
all monies paid in by the nominators in excess of eighty-five (85) percent of
the advertised purse shall be added to the advertised purse and the total shall
then be considered to be the advertised purse. In addition to adding excess
entry fees as provided in this section, the sponsor shall add at least fifteen
(15) percent to the advertised purses of late closing races and overnight
races. Fifteen (15) percent of all monies paid in by the nominators shall be
added to all early closing races by the sponsor.
Section 15. Requirement to Run Race.
(1) An association shall specify how many
entries are required for overnight events and, after the condition is
fulfilled, the race shall be run unless declared off as provided in 810 KAR 5:070.
(2) If six (6) or more
betting interests are declared in to start an early closing event or a late
closing event, the race shall be run, unless it is declared off. Stakes and
futurities shall be raced if one (1) or more horses are declared in to start
unless declared off as provided in 810 KAR 5:070.
(3) In an early closing event, if fewer
horses are declared in than are required to start, and all declarers are
immediately so notified, the horse or horses declared in and ready to race
shall be entitled to the sum of the entry fees submitted.
Section 16. Elimination Heats or Two (2)
Divisions.
(1) If the number of horses
declared in to start exceeds twelve (12) on a half-mile track or sixteen (16)
on a larger track, the association conducting the race shall have the option,
before positions are drawn, of announcing that the race shall be run in
elimination heats. A maximum of two (2) tiers of horses, allowing eight (8)
feet per horse, shall start in any race.
(2) If an early closing event or late closing
event is divided, each division shall race for at least seventy-five (75)
percent of the advertised purse unless otherwise specified in the conditions of
the race.
(3) If a stake race or
futurity is divided, the conditions of the race shall determine the number of
starters per division and the purse distribution.
Section 17. Elimination Plans.
(1) If elimination heats are required, or are
specified in the published conditions, the race shall be run in the following
manner unless otherwise stated in the conditions or conducted under another
section of this administrative regulation. The field shall be divided by lot,
and:
(a) The first division shall race a
qualifying dash for thirty (30) percent of the purse;
(b) The second division shall race a
qualifying dash for thirty (30) percent of the purse;
(c) The horses so qualified shall race in the
main event for forty (40) percent of the purse; and
(d) The winner of the main event shall be the
race winner.
(2) Unless
otherwise specified in the conditions of the race, the judges shall draw the
starting positions for the main event and shall determine:
(a) Which of the dash winners shall have the
pole and which the second position; and
(b) Which of the two (2) horses that have
been second shall start in third position, which in fourth position, similarly
in succession. An elimination dash and the concluding heat shall be programmed
to be raced upon the same day or night, unless special provisions for earlier
elimination dashes are set forth in the conditions.
(3) If there are three (3) or more separate
heat or dash winners, those winners shall return for a single event race-off to
determine the race winner. For that single event race-off, the participating
horses shall be assigned post positions according to the order of their finish
in the previous heat or dash.
Section
18. Overnight Events. More than nine (9) horses shall not start on
a half-mile track in overnight events and more than twelve (12) horses shall
not start on larger tracks at extended pari-mutuel meetings allowing eight (8)
feet per horse.
Section 19.
Elimination Race for Early Closing Event, Stake, or Futurity. If elimination
races are provided for in the conditions of an early closing event, stake, or
futurity, the elimination race shall be held not more than five (5) days prior
to contesting the main event (excluding Sunday) and omitting the day of the
race.
Section 20. Declaration.
(1) Extended pari-mutuel meetings. The
declaration time shall be the time posted on the condition sheet.
(2) A horse shall not start in more than one
(1) race on a racing day.
(3) The
time when declarations close shall be the time in use at the meeting.
(4) The association shall provide an entry
box with an aperture through which declarations shall be deposited.
(5) At the close of entries the presiding
judge or the race secretary shall remove any entries in the box and sort the
declarations at the time specified on the condition sheet.
(6) If it is necessary to reopen any race, a
minimum of two (2) public announcements shall be made, and the box shall be
reopened at the announced time.
(7)
In races of a duration of more than one (1) dash or heat at a pari-mutuel
meeting, the judges may draw post positions from the stand for succeeding
dashes or heats.
(8) Effect of
failure to declare on time. If an association requires a horse to be declared
at a stated time, failure to declare at that time shall be considered a
withdrawal from the event.
(9)
After declaration to start has been made, a horse shall be withdrawn only:
(a) Because of sickness, lameness, injury, or
hazardous track conditions; and
(b)
With the permission of the presiding judge.
(10) Horse omitted through error.
(a) Except as provided in this subsection, a
drawing shall be final unless there is conclusive evidence that a horse was
properly declared and omitted from the race, and the omission is verified to be
due to an error of the association's racing office.
(b) The race shall be redrawn if the error is
found prior to scratch time.
(c) If
the race has multiple divisions, a horsemen's representative and a judge shall
draw the division by lot rather than redraw the entire race.
(d) If there is a division or divisions with
short fields, the division or divisions shall be chosen by lot to determine
which division shall be drawn.
(e)
If the error is found after scratch time, then the horse shall be added to the
outside.
Section
21. Qualifying Races. At an extended pari-mutuel meeting,
declarations for overnight events shall be governed by the following:
(1)
(a)
Within forty-five (45) days of being declared in, a horse that has not raced
previously at the gait chosen shall:
1.
Complete a qualifying race in compliance with the conditions set forth by the
association under the supervision of a judge holding a presiding or associate
judge's license for pari-mutuel meetings; and
2. Acquire at least one (1) charted line by a
licensed charter.
(b)
Time and beaten lengths shall be determined by a standard photo
finish.
(2)
(a) The requirements of subsection (1) of
this section shall apply to a horse that does not show a charted line for:
1. The previous season; or
2. Within its last six (6) starts.
(b) Uncharted races contested in a
heat of more than one (1) dash, and consolidated according to subsection (4) of
this section, shall be considered one (1) start.
(3)
(a) The
requirements of subsection (2) of this section shall not apply if a horse:
1. Has raced at a charted meeting during the
current season; and
2. Has two (2)
meetings at which the races are not charted.
(b) The information from the uncharted races
may be:
1. Summarized, including each start;
and
2. Consolidated in favor of
charted lines.
(4) If the race is less than one (1) mile,
the consolidated line shall list the carry date, place, time, driver, finish,
track condition, and distance.
(5)
(a) The judges may require a horse that has
been on the judge's list to successfully complete a qualifying race.
(b) If a horse has raced in individual time
not meeting the qualifying standards for that class of horse, after making
allowance for track variations, the horse shall be required to successfully
complete a qualifying race.
(6) A horse shall be required to qualify in a
qualifying race if it is on the judge's list for any of the following:
(a) Repeated breaks on a fast or good track
or breaks off of a qualifying race on a fast or good track;
(b) Scratched sick or lame in two (2)
consecutive starts, scratched sick or lame following a qualifier, or scratched
sick or lame prior to or after a break line on a good or fast track;
(c) Refusing to come to the gate. Horses
causing two (2) recalls shall be scratched and placed on the starter and
qualifying list;
(d) Poor
performance; or
(e) Being
unmanageable.
(7)
Qualifying races shall be:
(a) Held at least
one (1) week prior to the opening of a meeting of ten (10) days or more;
and
(b) Scheduled as needed through
the last week of the meeting.
(8)
(a) A
race to qualify drivers and horses shall be charted, timed, and
recorded.
(b) A race to qualify
only drivers shall not be required to be charted, timed, and
recorded.
(9)
(a) If a horse takes a win record in a
qualifying race, the record shall be prefaced with the letter "Q".
(b) The presiding judge shall report the test
on the judge's sheet.
(10) Before it is permitted to start in a
race with pari-mutuel wagering, a horse shall have a clean charted line within
forty-five (45) days, race day to race day, and meet the standards of the
meeting.
(11) A horse shall not
enter more than one (1) qualifying race per day.
Section 22. Coupled Entries.
(1)
(a)
Except as provided by the provisions of this section, two (2) or more horses
shall be coupled as a single entry if they are:
1. Owned or trained by the same person;
or
2. Trained in the same stable by
the same management.
(b)
A wager on one (1) of the horses coupled as an "entry" shall be a wager on all
horses in the entry.
(2)
(a) If a trainer enters two (2) or more
horses, under bona fide separate ownerships or the same ownership, each horse
may race as a separate betting entry if:
1.
The association has requested they be permitted to race as separate betting
entries; and
2. The judges approve
the request.
(b) In
overnight events the entries do not exclude any single interest.
(c) In overnight events, part of an uncoupled
entry drawing also eligible may not be moved into a race to replace another
part of the uncoupled entry.
(d) If
more than one (1) horse is trained by the same person, that fact shall be
stated prominently in the program.
(e) The judges may place both horses in an
uncoupled entry if the judges deem that the actions of one part of the
uncoupled entry helped or improved the other.
(f) If the race is split in two (2) or more
divisions, horses coupled or uncoupled in a single entry shall be seeded
insofar as possible, in the following order, by:
1. Owners;
2. Trainers; and
3. Stables.
(g) Divisions and post positions shall be
drawn by lot.
(h) Elimination heats
also shall be governed by the provisions of paragraphs (f) and (g) of this
subsection.
(3) The
presiding judge or the race secretary shall be responsible for coupling
horses.
(4)
(a) If it is necessary to protect the public
interest, horses that are separately owned or trained may be coupled for
pari-mutuel wagering; and
(b) An
entry shall not be rejected on that basis.
(5) If an owner, lessor, or lessee has a
vested interest in another horse in the same race, it shall constitute an
entry.
Section 23. Also
Eligibles.
(1) More than two (2) horses shall
not be drawn as also eligibles for a race.
(2) The positions of also eligibles shall be
drawn along with the starters in the race.
(3) If one (1) or more horses are excused by
the judges, the also eligible horse shall:
(a)
In handicap races in which the handicap is the same, take the place of the
horse that it replaces;
(b) In
handicap races in which the handicap is different, take the position on the
outside of the horses with a similar handicap; or
(c) In other races, take the post position
drawn by the horse it replaces.
(4) A horse shall not be added to a race as
an also eligible unless the horse was drawn at the time declarations
closed.
(5)
(a) A horse shall not be barred from a race
to which it is otherwise eligible by reason of its preference due to the fact
that it has been drawn as an also eligible. A horse moved into the race from
the also eligible list shall not be drawn without the permission of the
judges.
(b) The owner or trainer of
a horse moved into the race from the also eligible list shall be notified that
the horse is in to go.
(6) A horse on the also eligible list that is
not moved into race by scratch time of the track shall be released.
Section 24. Preference.
(1)
(a)
Preference shall be given in overnight events according to a horse's last
previous purse race during the current year.
(b) The preference date on a horse that has
drawn to race and has been scratched shall be the date of the race from which
the horse was scratched.
(2) If a horse is racing for the first time
in the current year, the date of the first successful qualifier shall be
considered the horse's last race date, and preference shall be applied
accordingly.
(3)
(a) If an error has been made in determining
or posting a preference date, and the error deprives an eligible horse of an
opportunity to race, the trainer involved shall report the error to the racing
secretary within one (1) hour of the announcement of the draw.
(b) If a preference date error has occurred,
the race shall be redrawn.
Section 25. Judge's List.
(1)
(a) A
horse shall be placed on a judge's list by the presiding judge if it is unfit
to race because it:
1. Is dangerous;
2. Is unmanageable;
3. Is sick;
4. Is lame;
5. Is unable to show a performance to qualify
for races at the meeting; or
6. Has
exhibited repeated breaks.
(b) The owner or trainer shall be notified in
writing:
1. If a horse is placed on a judge's
list; and
2. Of the specific item
listed in paragraph (a) of this subsection upon which the action is
based.
(c) Declaration
on a horse placed on a judge's list shall be refused.
(d) If a horse is placed on a judge's list,
the clerk of the course shall make a note on the electronic eligibility of the
horse stating the:
1. Date it was placed on
the judge's list;
2. Reason it was
placed on the judge's list; and
3.
If the horse has been removed from the judge's list, the date of its
removal.
(2)
(a) A presiding judge or other official at a
nonextended meeting shall not remove from the judge's list and accept as an
entry a horse that:
1. Has been placed on a
judge's list; and
2. Has not been
removed from the judge's list because it is dangerous or
unmanageable.
(b) A
presiding judge shall refuse declarations on a horse that has been placed on,
but not removed from, a judge's list.
(3) A horse scratched from a race because of
lameness or sickness shall not race for a period of seven (7) days beginning
with the day of the scratch.
Section
26. Driver.
(1) A declaration
shall state the name of the horse's driver and the driver's colors.
(2) A driver shall not be changed after
scratch time of the track without the permission of the judges. The judges
shall grant permission if:
(a) The driver is
unable to be on the premises for a good-faith reason beyond his or her control;
or
(b) The driver is on the
premises but unable to participate due to illness or injury.
(3) If a nominator starts two (2)
or more horses, the judges shall approve the second and third drivers if no
conflicts of interest exist between the ownership of the horses and the
drivers.
Section 27.
Withdrawals and Scratches.
(1) The presiding
judge shall call a meeting of all horsemen on the grounds before the opening of
an extended pari-mutuel meeting to appoint a committee to consist of the
presiding judge, a representative of the association, and a representative of
the Kentucky Harness Horseman's Association or the Kentucky Harness Association
to consider matters relating to the withdrawal of horses due to bad track or
weather conditions.
(2)
(a) If track conditions are questionable due
to weather, the presiding judge shall call a meeting of the committee
established pursuant to subsection (1) of this section.
(b) Upon unanimous decision by the committee
that track conditions are safe for racing, withdrawals shall not be
made.
(3)
(a) An entrant may scratch a horse if:
1. A decision by the committee that the track
is safe is not unanimous; and
2.
The entrant has posted ten (10) percent of the purse for the race.
(b) A person shall not scratch a
horse for a reason other than sickness, lameness, injury, or hazardous track
conditions.
(c) If sufficient
withdrawals are received to cause the field to be less than six (6), the
association shall have the right to postpone an early closing event or stake
and cancel an overnight event.
(4)
(a) The
money posted pursuant to subsection 3(a)2. of this section shall be forwarded
to the corporation.
(b) The
corporation shall determine whether a withdrawal was for sickness, lameness,
injury, or hazardous track conditions.
(c) The money shall be:
1. Forfeited if the corporation determines
that the withdrawal was not for good cause; or
2. Refunded if the corporation determines
that the withdrawal was for good cause.
(5) This section applies only to the
withdrawal of horses that have been properly declared in and does not apply to
postponement as set forth in 810 KAR 5:070.
Section 28. Length of Race and Number of
Heats.
(1) A race or dash shall be listed at a
stated distance in units no shorter than one-sixteenth (1/16) of a
mile.
(2) The length of the race
and the number of heats shall be stated in the conditions.
(3) If a distance or number of heats is not
specified, any race shall be a single mile dash, except at fairs and meetings
of a duration of six (6) days or less where they shall be conducted in two (2)
dashes at one (1) mile distances.
Section 29. Two (2) Year Olds. A two (2) year
old shall not be permitted to:
(1) Start in a
dash or heat exceeding one (1) mile in distance; or
(2) Race in more than two (2) heats or dashes
per day.
Notes
STATUTORY AUTHORITY: KRS 230.215(2), 230.260(8)
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