Chapter 3769-11 General Definitions

3769-11-01 General definitions.

Definitions contained in this chapter are parts of the rules of racing prescribed by the Ohio state racing commission. All rules are prescribed pursuant to Chapter 3769. of the Revised Code, hereinafter referred to as the Horse Racing Act.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-02 Race meeting.

A "race meeting" or "meeting" is the period of time for which permission to conduct horse racing has been granted to a permit holder by the commission.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/1/74, 1/1/85

3769-11-03 Day, month, year.

(A) A "day" means twenty-four hours ending at midnight;

(B) A "month" means a calendar month;

(C) A "year" means a calendar year.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-04 Permit.

A "permit" is a permit issued by the commission to conduct a parimutuel wagering horse racing meeting in Ohio.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-05 License.

A "license" is a license issued by the Ohio state racing commission.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-06 Licensed person required to have a license.

(A) "Licensed person" pertains to any one person who has received a license from the Ohio state racing commission.

(B) A "person required to have a license" pertains to any one whose activities on a permit holder's premises or satellite wagering facility would require such person to be so licensed.

Replaces: 3769-11-06

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-07 Permit holder.

A "permit holder" is a corporation, trust, partnership, limited partnership, association, or person that has been granted a permit to conduct a race meeting.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-08 Recognized meeting.

A "recognized meeting" is a horse racing meeting for which a permit has been issued by the commission or by the racing authority of any other state or foreign country.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-09 Ruled off.

"Ruled off" means an individual is denied access to any permit holder's premises as the result of a ruling issued by judges or the commission.

Replaces: 3769-11-09

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-10 Breakage.

"Breakage" or "breaks" consists of the odd cents of all redistributions to be made on all mutuel contributions exceeding a sum equal to the next lowest multiple of ten.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-11 Mutuel field.

A "mutuel field" consists of two or more horses of separate interests grouped together for parimutuel wagering.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-12 Horse.

"Horse" includes stallion, colt, gelding, ridgling, filly or mare.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-13 Standardbred breeder.

The "breeder of a standardbred horse" is the owner or lessee of the mare at the time of mating.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-14 Owner.

"Owner" includes part owner, lessor, or lessee, but an interest in the winnings of a horse does not of itself constitute ownership.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-15 Age, how reckoned.

The age of a horse shall be reckoned as being on the first day of January of the year of foaling and shall be established by its their official registration papers.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 12/26/70, 1/1/85, 2/2/08

3769-11-16 Maiden.

"Maiden" means a horse that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered. Races or purse money awarded to a horse after the "official sign" has been posted shall not be considered a winning performance or affect status as a maiden.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-17 Race.

A "race" is a contest of speed for a purse, on any course, in the presence of a judge or judges.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-18 Overnight event.

An "overnight race" is a race for which declarations close not less than two days or more than five days before such race is to be scheduled.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-19 Claiming race.

A "claiming race" is a race in which any horse starting may be claimed for a designated amount in accordance with the rules.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-20 Walk over.

When only horses which are of a non-competing interest start in a race, it constitutes a "walk over." In a stake race a walk over is entitled to all the stake money and forfeits. To claim the purse the entry must start and go once over the course.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-21 Futurity.

A "futurity" is a race in which the dam of the competing horse is nominated either when in foal or during the year of foal.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-22 Nominator.

A "nominator" is the person in whose name a horse is entered for a race.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-23 Nomination.

A "nomination" is the naming of a horse or in the event of a futurity, the naming of a foal in utero to a certain race or series of races, eligibility of which is conditioned on the payment of a fee at the time of naming and the payment of subsequent sustaining fees and/or starting fees.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-24 Arrears.

"Arrears" includes all sums due for entrance money, stakes, fees, fines, and any default incident to the rules of the Ohio state racing commission or to the rules of the racing authority of any other state or country.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-25 Entry.

"Entry" can mean any of the following:

(A) The announcement of intention to cause or permit a horse to participate in a stated race accompanied by performance of such acts as may be necessary to make such horse eligible to participate;

(B) Any horse accepted as a contestant in a stated race;

(C) Two or more horses having common ownership or trainer grouped together for the purposes of parimutuel wagering.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-26 Scratch.

A horse is "scratched" when the horse is withdrawn from participation in a race, with permission of the judges.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-27 Scratch time.

"Scratch time" is the hour appointed by the presiding judge until which scratches may be made as provided in the rules of the Ohio state racing commission.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-28 When horse is starter.

A horse is a "starter" when the starting judge gives the word "go."

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-29 Reference to hour of day.

As set out in the rules of the Ohio state racing commission, any reference to an hour of the day shall be considered to be local time at the track where the race is being contested.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-30 Possession/in their possession.

"Possession" or "in their possession" shall mean: in, on or about the licensee's person, or any vehicle which they own, use, or have access to, as well as the entire area assigned and occupied or used by the responsible person which would include but is not limited to barns, stables, stalls, tack rooms, feed rooms.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-31 Added money early closing events.

An "added money early closing event" is a race or series of races scheduled in which declaration fees received are added to the purse or purses.

Replaces: 3769-11-31

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-32 Classified race.

A "classified race" is a race, regardless of the eligibility of horses, with entries being selected on the basis of ability or performance.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-33 Conditioned race.

A "conditioned race" is an overnight event to which eligibility is determined according to specified qualifications. Such qualifications may be based upon among other things:

(A) A horse's money winnings in a specified number of previous races during a specified previous time;

(B) A horse's finishing position in a specified number of previous races or during a specified period of time;

(C) Age;

(D) Sex;

(E) Number of starts during a specified period of time;

(F) Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada; or

(G) Any one or more combinations of the qualifications herein listed.

(H) The use of time bars as a condition is prohibited.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-34 Dash.

A "dash" is a race that is decided in a single trial. Dashes may be given in a series of two or three governed by one entry fee for the series, in which event a horse must start in all dashes. Positions may be drawn for each dash. The number of premiums awarded shall not exceed the number of starters in the dash.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-35 Declaration.

A "declaration" is the naming of a particular horse to a particular race as a starter.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-36 Disqualifications.

A "disqualification" shall be construed to mean that the person disqualified is barred from acting as an official or from starting or driving a horse in a race, or in the case of a disqualified horse, it shall not be allowed to start.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-37 Early closing race.

(A) An "early closing race" is a race for a definite amount to which entries close at least six weeks preceding the race. The entrance fee may be on the installment plan or otherwise, and all payments are forfeits.

(B) No deadline for the payment on a two-year old in early closing events is permissible prior to the fifteenth of February of the year in which the horse is a two-year old.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-38 Green horse. [Rescinded].

Rescinded eff 2-2-08

3769-11-39 Guaranteed purse.

A "guaranteed purse" is a purse that shall not be less than the amount advertised.

Replaces: 3769-11-39

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-40 Handicap.

A "handicap" is a race in which performance, sex or distance allowance is made. Post positions for handicap may be assigned by the racing secretary. Post positions in a handicap claiming race shall be determined by claiming price, and in the event there are two tiers, the higher price horses will draw for the outside positions.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-11-41 Heat.

A "heat" is a single trial in a race, being conducted under the two-in-three or three-heat plan under the provisions of rule 3769-15-21 of the Administrative Code.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-42 Late closing race.

A "late closing race" is a race for a purse to which entries close less than six weeks and more than three days before the race is to be contested.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-43 Length of race.

Races or dashes shall be given at a stated distance in units not shorter than a sixteenth of a mile. The length of a race shall be stated in the conditions. If no distance is specified, a race shall be at one mile.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-44 Stakes race.

A "stakes race" is a race which will be contested in a year subsequent to its closing. The money offered by the sponsor conducting the race shall be added to the money contributed by the nominators, all of which, except deductions for the cost of promotion, breeders or nominators' awards, belongs to the winner or winners.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 2/2/08

3769-11-45 Two in three.

In a two-in-three race, a horse must win two heats to be entitled to first money.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-46 Two-year olds.

No two-year old shall be permitted to start in a race exceeding one mile in distance or in more than two heats in any single day.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 2/2/08

3769-11-47 Sulky defined.

For the purpose of the rules of the Ohio state racing commission a "sulky" shall be defined as a dual-shaft, dual-wheel racing vehicle with configurations complying with rule 3769-14-52 of the Administrative Code.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 9/1/94

3769-11-48 Authorized agent.

"Authorized agent" means a person authorized by a licensed owner or trainer to act in their behalf in all matters pertaining to the racing of his/her horses under the rules, regulations, and conditions of the Ohio state racing commission and the laws of the state of Ohio, subject to any stated limitations.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85

3769-11-49 Winner defined.

The "winner" is the horse or horses, in the case of a dead heat, whose nose reaches the finish line first unless the horse is disqualified by the judges. The finish position of all other horses shall be determined in the same manner.

Replaces: 3769-11-49

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/19/87, 2/2/08

3769-11-50 Simulcast defined.

"Simulcast" shall mean the telecast, for wagering purposes, of audio and visual signals of live horse races conducted at facilities either inside or outside the state of Ohio.

R.C. 119.032 review dates: 11/21/2013 and 11/21/2018
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.089
Prior Effective Dates: 3/1/96