Chapter 3769-15 Racing Eligibility

3769-15-01 Racing secretary.

The racing secretary shall prepare the books or sheets of conditions for the races to be contested during the meeting and he/she and his/her assistants shall take entries for all races. The racing secretary shall assign preference for each entry and prepare the races for the drawing of post positions. Post positions shall be drawn by lot by the judges. The number drawn shall be the post position for the race.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-02 Entry licensing requirements.

No horse may be permitted to race in this state unless the owner, trainer, and driver shall have been granted a current license by the commission or shall have made application for a license accompanied by the proper fee as prescribed in rule 3769-12-24 of the Administrative Code and which application shall not have been rejected. It shall be the duty of the racing secretary to enforce this rule.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/16/1970, 1/1/1985, 10/4/1992

3769-15-03 Entry void.

If a person is suspended, ruled off or expelled, he shall not be qualified, as agent or otherwise, to declare for a race, to enter or to run any horse for himself or anyone else, and no horse which he owns wholly or in part, or which is under his care, management, training or supervision shall be qualified to run in any race. Such entry if received shall be void, and if an entry fee accompanies it, the fee shall be refunded.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-04 Entry in name of all owners and proof of ownership.

(A) Every entry must be in the name of a person having an ownership interest in the horse and must be made in writing by such owner, his/her trainer or by the authorized agent of either. The authorized agent must be licensed at the time the entry is received by the race office. The full name of every person having any ownership in a horse or any interest in its winnings must be recorded with the racing secretary before it starts at any meeting.

(B) The judges may call upon any person making entry to prove the extent of his interest in the horse or its winnings or to give proof that the horse entered is not the property, wholly or in part, of any person who is disqualified. If unsatisfied with the proof tendered, they may declare the horse out of the race.

(C) The judges may penalize any failure to comply with this rule and may disqualify any horse which races after being entered in violation of this rule.

Effective: 03/22/2011
R.C. 119.032 review dates: 11/09/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85

3769-15-05 Stable names.

(A) All current year registrations of stable names by the "United States Trotting Association" shall be recognized in Ohio upon payment of a fee of twenty-five dollars, except that anyone so registered and racing in Ohio will be required to disclose his real name.

(B) A person cannot register more than one stable name at the same time, nor can he use his real name so long as he had registered a stable name, except as provided in paragraph (D) of this rule and unless he is the sole owner of a horse that is not part of a registered stable.

(C) A stable name may be changed at any time upon registration of a new stable name and by paying the required fee.

(D) Any person may abandon a stable name in favor of his real name after he has given written notice to the commission. Both the abandoned stable name and the real name of the new stable name shall be carried for the next three ensuing starts of all horses racing for such person.

(E) A person cannot register as his stable name one which has already been registered by any other person or one which is the real name of any owner or race horses.

(F) A trainer who is a licensed owner or part owner may use a stable name as owner or part owner. However, no trainer may be licensed as a trainer other than in his legal name.

(G) No stable name shall be used if in the judgment of the judges it is obscene, derogatory or is not in keeping with the high standards of racing.

(H) On all applications for stable names one of the owners must personally sign the application as the person designated as the agent responsible for the actions of the stable.

(I) When registering a stable name with the Ohio state racing commission the name and other required information about every person, who has any part of the ownership of any horse which races under the registered stable name, must be listed on the application for said stable name. In the event a new owner is added or an owner ceases to be a part of a stable it shall be the responsibility of the person, designated on the application as the responsible agent for the stable to notify the commission in writing of such change.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1984, 1/1/1985, 8/1/1991

3769-15-06 No change permitted.

(A) No alteration or condition shall be made in any entry after the time fixed for closing except that an error may be corrected with the consent of the judges.

(B) No change in trainers of a horse, entered and drawn to start, will be permitted. In the event of such change the horse will be scratched and the parties responsible therefor shall be subject to fine or suspension. A change in ownership may be permitted with the approval of the judges.

(C) No owner shall list as the trainer of a horse a person who is not in fact the trainer of such horse, and no trainer shall allow his name to be shown on the declaration form nor the official program as trainer of a horse which he does not in fact have under his care and supervision as trainer of said horse. The judges may require proof that a person listed as the trainer of a horse is in fact the actual trainer of that horse.

Some of the things judges may consider when attempting to determine the trainer of a specific horse are as follows:

(1) The individual is responsible for stable activities, including the authority to hire and replace stable personnel and drivers; payment of expenses the stable incurs; payroll matters; and carrying workers compensation coverage.

(2) The individual is in possession of a valid united states trotting association trainer's license.

(3) The individual has consistently requested the services of a veterinarian to treat horses in his/her stable.

(4) The individual conducts a business relationship with an owner regarding the racing schedules of his/her horses.

(5) The individual is known to have communicated with the racing secretary's office in a business like manner regarding the entering of horses.

(6) The individual is responsible for the rigging and shoeing of a horse.

(7) The individual has been known to accompany specific horses to the paddock.

(8) The individual has shown an ability to warm horses up prior to a race.

(9) The individual is known to have entered into a contractual agreement with an owner regarding the care and training of a specific horse(s).

(D) The individual who performs duties and has the main responsibilities as a trainer concerning a specific horse shall be considered the trainer and as such shall be listed in the program as the trainer of said horse.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985, 7/2/1992

3769-15-07 No entry fee.

Unless the conditions of the race so provide, there shall be no entry fee to any race. If the conditions require an entry fee, it shall accompany the entry unless otherwise specified.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-08 Entries refused.

The entries of any person or the transfer of any entry may be refused without notice by the judges with good cause.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-09 Approval of entries.

(A) No entry shall be accepted for any horse not stabled on the grounds of the permit holder unless its stabling elsewhere has been approved by the permit holder.

(B) Entries can be taken from commercial tracks and private and public stabling facilities approved by the permit holder.

(C) All horses shipping in to race must be at the track where they are to race three hours before post time of the race in which they are to run and must be available for examination by the track veterinarian. In the event of an unavoidable delay, as determined by the judges, the judges may determine a reasonable grace period.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 9/1/1976, 1/1/1985, 8/1/1991, 1/1/1995

3769-15-10 Registration with associations.

(A) No horse may be started in any race or qualifying race unless it is registered with the "United States Trotting Association" or "standardbred Canada."

(B) No horse shall be allowed to start unless a lifetime electronic eligibility from the "United States Trotting Association or a current electronic eligibility from "Standardbred Canada" has been acquired.

(C) No horse shall be allowed to enter a race or a qualifying race unless it has been lip tattooed or freeze branded with the proper identification number.

Effective: 02/01/2011
R.C. 119.032 review dates: 11/09/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 8/17/75, 1/1/85, 8/10/95, 5/7/01

3769-15-11 Identification of horse.

(A) When a horse is entered, it must be clearly identified by statement of its name, age, color, and sex, the names of its sire and dam;

(B) Any alteration in the sex of a horse must be reported and noted by the trainer to the racing secretary;

(C) Fillies and mares that have been bred shall be reported to the racing secretary as having been bred prior to being entered in a race. The secretary shall post on the bulletin board the names of all fillies and mares that have been bred and to what stallion or stallions;

(D) A mare that has been bred shall not be eligible to be entered in a claiming race unless the stallion mating certificate is attached to the registration certificate showing the fee for the stallion service has been satisfied and that the successful claimant will not be responsible for the stallion fee.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769, 03
Prior Effective Dates: 3/15/1966, 3/16/1970, 3/1/1974, 1/1/1985

3769-15-12 Proof of identity.

No horse may start in any race unless it be fully identified. Burden of proving identity rests with the person or persons having charge of the horse at the meeting and the judges may suspend and refer to the commission such persons in case of fraud or attempted fraud. The judges also may suspend and refer to the commission any other person who aids in any way in the perpetration of a fraud or who participates in any attempt at fraud. Any person found guilty of violating this rule shall be subject to the penalties provided in rule 3769-15-99 of the Administrative Code.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-13 Receive entry fees.

The racing secretary shall receive all stakes, entrance money, and other moneys that properly can come to his office. At his/her discretion the racing secretary may receive moneys due other associations as fees or forfeits, forwarding them promptly to the association to which same is due.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-14 Mutuel entry.

No more than two horses of the same ownership and/or in charge of the same trainer may be entered for an overnight race, and both may start as a mutuel entry. The horses may also be entered so that each horse will appear in a separate division if the race subsequently be divided, but such notation must appear on the entry blank.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-15 Eligibility of entries.

(A) In harness racing a horse must be eligible to start at time of entry.

(B) Transfer provisions - change of gait. If conditions published for early closing events allow transfer for change of gait, such transfer shall be to the slowest class of the adopted gait for which the horse is eligible. Eligibility shall be determined at time of closing of entries. The race to which transfer may be made must be the one nearest the date of the event originally entered.

(C) Two-year olds, three-year olds, or four-year olds entered in classes for their age, may only transfer to classes for same age group at the adopted gait to the race nearest the date of the event originally entered. Entry fees may be adjusted.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 9/1/1976, 1/1/1985

3769-15-16 Horses ineligible to be entered.

An owner or trainer shall not enter or start a horse that has not been qualified or is on the steward's list, is wearing a trachea-tube, or has a hole in its throat for a trachea-tube, has been nerved as described in rule 3769-18-04 of the Administrative Code, or has impaired eyesight in both eyes.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 4/1/1971, 1/1/1985, 5/4/1992, 1/1/2006

3769-15-17 Engagement passed to new owner.

(A) When a horse is sold, its engagements pass to the new owner unless otherwise specified in the terms of the sale. When a horse is claimed out of a claiming or optional claiming race, its engagements pass to the claimant. In no case, however, shall the engagements pass with the horse to a person not in good standing.

(B) Except in cases of horses claimed out of claiming races, no sale of a horse by private agreement or public auction will be recognized if such sale is not evidenced by a bill of sale.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-18 Ban on dealing in horses.

No employee of any commercial track whose duties include the classification or entry of horses shall participate financially, directly or indirectly, in the purchase or sale of any horse which races at such meeting. Any person violating this rule shall be suspended by the judges and the matter referred to the commission.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3867.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 9/5/1986

3769-15-19 Racing entries.

(A) The racing secretary shall receive declarations (entries) for all races.

(B) All entries must:

(1) Be made in writing or by telephone as provided in rule 3769-15-30 of the Administrative Code;

(2) Be signed by the owner, trainer or an authorized agent, except as provided in paragraph (D) of rule 3769-15-30 of the Administrative Code;

(3) Give name of the owner, registered stable or lessee of the horse; the name of the owner, trainer, or authorized agent making the entry; the telephone number of the person making the entry; and the license number of the person making the entry if the license number has been issued;

(a) If the license number has not been issued to the owner or trainer entering the horse, the race office must indicate that the license number is pending for the person making the entry.

(b) The owner or trainer must obtain a license before the horse races and provide that license number to the race office.

(4) Give name, age, and sex of the horse, the event in which the horse is being entered, the name of the trainer of the horse, and the name of the intended driver of the horse;

(5) State if the horse is to race with furosemide (lasix), and if it is the first time the horse is to race with furosemide, that information shall also be included;

(6) Any other relevant medication information

(7) State if the horse is a pacer that is racing without hopples or a trotter that is racing with hopples; and

(8) Entries in all events must also comply with the provisions of rule 3769-15-10 of the Administrative Code and for claiming events the current registration certificate must be on file with the racing secretary. A separate claiming authorization form, signed by the registered owner or owners indicating the minimum amount for which the horse may be entered to be claimed, shall be attached to the current registration certificate.

Replaces: 3769-15-19

Effective: 02/01/2011
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/1985, 5/7/01

3769-15-20 Declarations.

(A) Declarations shall be taken on a regular, well advertised schedule not less than two days or more than five days in advance of a program, except races for which qualifying dashes or elimination heats are provided in the race conditions.

(B) Once a regular schedule has been established, it can only be changed by consent of the executive director of the Ohio state racing commission and such change must be advertised five days in advance of the first new draw date.

(C) Declarations drawn on a single day for more than one day's races (double draw) must first be submitted to and approved by the executive director of the commission.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985, 6/6/1998

3769-15-21 Elimination heats, divisions.

(A) A permit holder must specify how many entries are required for overnight events and after the condition is fulfilled, the event must be contested except when declared off as provided under rule 3769-14-37 of the Administrative Code - postponement of races:

(1) In early closing events or late closing events, if six or more horses are declared in to start, the race must be contested;

(2) Commercial meetings may require five interests to start. Stakes and futurities must be raced if one or more horses are declared in to start;

(3) In an early closing event, if less 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 all the entrance money and any forfeits from each horse named.

(B) Elimination heats or two divisions:

(1) In any race where the number of horses declared in to start exceeds eleven on a half-mile-track, twelve on a five-eighths-mile track, or fourteen on a larger track, unless lesser numbers are specified in the conditions of the race, at the option of the track conducting the race, the race may be run in elimination heats provided the conditions are so stated before positions are drawn;

(2) In the absence of conditions providing for a lesser number of starters, no more than two tiers of horses, allowing eight feet per horse, will be allowed to start in any race. In no event shall there be allowed more than eleven starters on a half-mile-track, twelve starters on a five-eighths-mile track or fourteen starters on a larger track;

(3) Where a race other than a stake or futurity is divided, each division must race for at least seventy-five per cent of the advertised purse;

(4) At fair meetings, in the case of added money early closing events, and early closers and late closers with a value of twenty thousand dollars or less, the race may be divided and raced in divisions. In such cases each division shall be raced for an equal share of the total purse if the advertised conditions so provide.

(C) Elimination plans:

(1) Whenever elimination heats are required, or specified in the published conditions, such race shall be raced in the following manner unless conducted under another paragraph of this rule. The field shall be divided by lot and the first division shall race a qualifying dash for thirty per cent of the purse. The second division shall race a qualifying dash for thirty per cent of the purse and the horses so qualified shall race in the main event for forty per cent of the purse. The winner of the main event shall be the race winner;

(2) In the event there are more horses declared to start than can be accommodated by the two elimination dashes, then there will be added enough elimination dashes to take care of the excess. The per cent of the purse raced for each elimination dash will be determined by dividing the number of elimination dashes into sixty. The main event will race for forty per cent of the purse;

(3) Unless the conditions provide otherwise, if there are two elimination dashes, the first four finishers in each dash qualify for the final. If three or more elimination dashes are required, not more than three horses will qualify for the final from each qualifying dash;

(4) The judges shall draw the positions in which the horses are to start in the main event as follows: They shall draw positions to determine which of the two dash winners shall have the pole, and which the second position; which of the two horses that have been second shall start in third position; and which in fourth; and continue this pattern until all horses have been drawn. All elimination dashes and the concluding heat must be programmed to be raced upon the same day or night, unless special provisions for earlier elimination dashes are set forth in the conditions;

(5) In the event there are three separate heat or dash winners and they alone come back in order to determine the race winner according to the conditions, they will take post positions according to the order of their finish in the previous heat or dash.

(D) In any race where the number of horses declared in to start exceeds eleven on a half-mile-track, twelve on a five-eighths-mile track or fourteen on a one-mile track, unless other numbers are specified in the conditions, the race, at the option of the permit holder conducting same, stated before positions are drawn, may be divided by lot and raced in two divisions with all heat winners from both divisions competing in a final heat to determine the race winner. Each division shall race two heats for twenty per cent of the purse each heat. The remaining twenty per cent of the purse shall go to the winner of the final heat.

(E) Whenever elimination heats are required, or specified in the published conditions of a stake or futurity, such race may be raced on the three-heat plan, irrespective of any provisions in the conditions to the contrary. That is, the field shall be divided by lot and the first division shall race for thirty per cent of the purse, the second division shall race for thirty per cent, and the horses qualifying in the first and second divisions shall race the third heat for thirty per cent of the purse. If, after the third heat, no horse has won two heats, a fourth heat shall be raced by only the heat winners. The race winner shall receive the remaining ten per cent of the purse. The number of horses qualifying to return after each elimination heat will be the same as set out in paragraph (C)(3) of this rule.

(F) Qualifying race for stake. Where qualifying races are provided in the conditions of an early closing event, stake or futurity, such qualifying race must be held not more than five days prior to contesting the main event (excluding Sunday) and omitting the day of the race.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 1/1/2006

3769-15-22 Overnight list.

The racing secretary shall compile and distribute daily an overnight list which shall carry the names of entries with their post positions.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-23 Must be starter.

Every horse entered and drawn for a race must be a starter unless it is scratched or ordered withdrawn by the starter, judges, or track veterinarian, pursuant to the rules of this chapter.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-24 All moneys must be paid.

A horse shall not become a starter for a stakes race unless all moneys required under the conditions shall have been paid.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-25 Not a claiming race.

Any race conditioned to preclude claim of any of the starters shall not be considered a claiming race even if won by a horse liable to claim under said conditions.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-26 Automatically out.

For stake races, if a horse is not named through the entry box at the designated time of closing, the horse is automatically out.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/1966, 1/1/1985

3769-15-28 Scratch irrevocable.

A scratch of a horse whose name appears in a printed program is irrevocable unless the judges determine an error was made. The horse may be allowed to race for purse money but shall be barred from all wagering if wagering has already begun.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/ 15.1966, 1/1/1985, 2/6/1999

3769-15-29 Qualifying races.

(A) At all extended parimutuel meetings, declarations for overnight events shall be governed by the following:

(1) Before being declared in, a horse that has not raced previously at the gait chosen must go a qualifying race under the supervision of a judge and acquire at least one charted line by a licensed charter. In order to provide complete and accurate chart information on time and beaten lengths, a standard photo finish shall be used.

(2) A horse that does not show a charted line for the previous season, or a charted line within its last six starts, must go a qualifying race as set forth in paragraph (A)(1) of this rule. Uncharted races contested in heats or more than one dash and consolidated according to paragraph (A)(4) of this rule will be considered one start.

(3) A horse that does not show a satisfactory charted line in the last forty-five days must go in a qualifying race as set forth in paragraph (A)(1) of this rule.

(4) When a horse has raced at a charted meeting during the current season and then started at meetings where the races are not charted, the information from the uncharted races may be summarized including each start, and consolidated in favor of charted lines and the requirements of paragraph (A)(2) of this rule would then not apply.

(5) The consolidated line shall carry date, place, time, driver, finish, track condition and distance if race is not at one mile.

(6) The judges may require any horse that has been on the stewards' list to go a qualifying race. If a horse has raced in individual time not meeting the qualifying standards for that class of horses, he may be required to go a qualifying race.

(7) The judges may permit a fast-class horse to qualify by means of a timed workout consistent with the time of the races in which he will compete in the event adequate competition is not available for a qualifying race. These shall be limited to free-for-all preferred or invitational class horses.

(8) To enable a horse to qualify, qualifying races should be held at least one week prior to the opening of any race meeting and shall be scheduled at least twice a week. At least twice a week, unless consent is given by the Ohio harness horsemen's association for less.

(B) If a horse takes a win race record in a qualifying race, such record must be prefaced with the letter "Q" wherever it appears, except in a case where, immediately prior to or following the race, the horse taking the record has been given an approved urine or blood test. It will be the responsibility of the presiding judge to report the test on the judges' sheet.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3760.03
Prior Effective Dates: 1/1/1985, 7/1/2001, 1/1/2006

3769-15-30 Declaration to start and drawing horses.

(Declaration and entry are used interchangeably as indicated).

(A) Declaration also known as the entry box. The permit holder shall provide a locked box with an aperture through which declarations (entries) shall be deposited.

(B) At all commercial tracks the entry (declaration) box shall be opened by the presiding judge or an official designated by the presiding judge, at the advertised time. No owner, trainer or authorized agent for a horse with a declaration shall be denied the privilege of being present. Under the supervision of the presiding judge, or an official designated by the presiding judge, all entries shall be listed, the eligibility verified, preference ascertained, starters selected and post positions drawn. An original condition (not substitute races) on the condition sheet may not be altered and the race must be contested if at least eight horses, representing eight separate betting interests, are entered and meet the eligibility standards. If it is necessary to reopen any race, public announcement shall be made at least twice and the box reopened at a specified time.

(C) Drawing of post positions for the second heat in races of more than one dash at parimutuel meetings, may be conducted by the judges from the stand for succeeding dashes.

(D) Declarations (entries) made by mail, or telephone that are actually received and evidence of which is deposited in the box before the time specified to declare in, shall be drawn in the same manner as the others. Such drawings shall be final. Mail and telephone declarations (entries) must state the same information that is required by paragraphs (B)(3), (B)(4), (B)(5), (B)(6), and (B)(7) of rule 3769-15-19 of the Administrative Code. It shall be the responsibility of the racing secretary to see that such entries are signed by the person receiving the same.

(E) When a track requires a horse to be entered at a stated time, failure to enter as required shall be considered a withdrawal from the event.

(F) After declarations (entries) to start have been made, no horse shall be withdrawn from the race except by permission of the judges. A fine and/or suspension shall be imposed for withdrawing a horse without permission and the penalty shall apply to both the horse and the party who violated the regulation.

(G) Such drawings shall be final unless there is conclusive evidence that a horse properly entered was omitted from the race through the error of a track or its agent or employee in which event the horse shall be added to the race but given the last post position, provided the error is discovered prior to either scratch time or the printing of the program; however, in the case of early closers of more than ten thousand dollars and stake and futurity races, the race shall be redrawn. This shall not apply at commercial parimutuel meetings in overnight events.

(H) Drivers may be changed until the time prescribed by the judges, after which no driver may be changed without permission of the judges and for good cause.

(I) For all overnight events, starters and also eligibles shall be drawn by lot from those properly declared in, except that a race secretary must establish a preference system for races as not more than one conditioned race per day may be divided into not more than two divisions after preference has been applied and the divisions may be selected by the race secretary. For all other overnight races that are divided, the division must be by lot unless the conditions provide for a division based on performance, earnings or sex.

Replaces 3769-15-30

Effective: 02/01/2011
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 10/4/92, 2/6/99, 7/1/2001, 1/1/2006, 10/5/06

3769-15-31 Also eligible list and preference.

(A) Also eligibles. Not more than two horses may be drawn as also eligibles for a race and their positions shall be drawn along with the starters in the race. In the event one or more horses are excused by the judges, the also eligible horse or horses shall race and take the post position drawn by the horse that it replaces, except in handicap races. In handicap races the also eligible horse shall take the place of the horse that it replaces in the event that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap. No horse may be added to a race as an also eligible unless the horse was drawn as such at the time declarations closed. No horse may 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 can only be withdrawn for good cause by permission of the judges, but the owner or trainer of such a horse shall be notified that the horse is to race and it shall be posted at the race secretary's office. All horses on the also eligible list and not moved in to race by the time prescribed by the judges shall be released.

(B) Preference. Preference shall be given in all overnight events according to a horse's last previous purse race during the current year. The "preference date" on a horse that has drawn to race and had been scratched is the date of the race from which he was scratched.

(1) When a horse is racing for the first time in the current year, the date of the horse's first successful qualifying race shall be considered its last race date, and preference applied accordingly, when an overnight race has been re-opened because it did not fill, all eligible horses declared in to that race prior to the re-opening shall receive preference over horses subsequently declared, irrespective of the actual preference dates.

(2) This rule relating to preference is not applicable for any meeting at which an agricultural fair is in progress. All horses granted stalls and eligible must be given the opportunity to compete at these meetings. This rule may be waived by an agricultural fair with permission of the Ohio state racing commission.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.02
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 5/7/2001, 1/1/2006

3769-15-32 Steward's list.

(A) The judges may place a horse on the steward's list at any time for any reason and declarations and/or entries on said horse shall be refused. The owner or trainer shall be notified of such action and the reason shall be clearly stated. When any horse is placed on the steward's list, the clerk of course shall record such in the United States trotting association computer, showing the date the horse was put on the steward's list, the reason and the date of removal if the horse has been removed.

(B) No presiding judge or other official at a fair meeting shall have the power to remove from the steward's list and accept as an entry any horse which has been placed on a steward's list and not subsequently removed therefrom for the reason that he is dangerous or an unmanageable horse. Such meetings may refuse declarations and/or entries on any horse that has been placed on the steward's list and has not been removed therefrom.

(C) No horse shall be admitted to any race track facilities in Ohio without having had a negative official test for equine infectious anemia within twelve months. It shall be the responsibility of the trainer to see that each horse's test results are current, and the racing secretary's office will record such in the united states trotting association computer after the trainer's present the negative coggins test papers to the racing office upon arrival in the barn area.

(D) Qualifying standards shall be set at each track by the race secretary and the judges. These may vary at different times of the year to accommodate weather and the class of horse available. Standards for trotters will be two seconds slower than pacers. Two-year olds will be allowed one second over the standard time for their gait.

(E) Any horse which does not race in qualifying time in two consecutive starts on a good or fast track will automatically be put on the steward's list for performance and must qualify. In its first start off of a qualifying race, any horse who does not go in qualifying time on a good or fast track, shall be placed on the steward's list.

(F) Any horse which makes a break in two consecutive starts on a good or fast track, shall be put on the steward's list and must qualify. Any horse that makes a break off a qualifying race on a good or fast track shall be placed on the steward's list.

(G) The judges may make any horse placed on the steward's list qualify repeatedly or until, in their discretion, said horse is ready to start again.

(H) For horses to be scratched sick or lame a scratch slip signed by a veterinarian must be turned into the judges, and the horse shall be placed on the steward's list. No horse scratched sick or lame may be allowed to race until seven days from the date of the race they were scratched and only with a release slip from the veterinarian who scratched them.

(I) Any horse put on the list as dangerous will not be allowed to race in this state.

(J) Any horse that is scratched sick or lame in two consecutive starts must qualify before being allowed to start again.

(K) Any horse scratched sick or lame off a qualifying race, must requalify, if said horse does not race within fourteen days of the date of the race from which the horse was scratched.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/1/1974, 1/1/1985, 8/9/1996, 7/1/1998, 7/1/2001, 11/2/2006

3769-15-33 Program director.

(A) Each commercial parimutuel track shall designate a program director. It shall be the responsibility of the program director to furnish the public complete and accurate past performance information.

(B) Program information. A printed program shall be available to the public at all meetings when racing for purses. All programs shall furnish:

(1) Horse's name and sex;

(2) Color and age;

(3) Sire and dam;

(4) Owner's name;

(5) Driver's name and colors;

(6)

(L) Proceeding horse's name if racing on furosemide.

(C) At commercial parimutuel meetings the following additional information shall be furnished:

(1) In claiming races the price for which the horse is entered to be claimed must be indicated;

(2) At least the last five performances and accurate chart lines. An accurate chart line shall include: date of race; place; size of track if other than a half-mile track; symbol for free-legged pacers; use of furosemide (L); track condition; type of race; distance; the fractional times of the leading horse including race time, post position, position at one-quarter, one-half, three-quarters; stretch with lengths behind leader; individual time of the horse; closing dollars odds; name of the driver; and the names of the horses placed first, second and third by the judges. The standard symbols for breaks and park-outs shall be used, where applicable;

(3) Indicate drivers racing with a provisional license;

(4) Indicate pacers that are racing without hopples and trotters that are racing with hopples.

(5) Summary of starts in purse races, earnings, and best win time for current and preceding year. A horse's best win time may be earned in either a purse or non-purse race;

(6) The name of the trainer;

(7) The consolidated line shall carry date, time, place, driver, finish, track condition and distance, if race is not at one mile;

(8) At fairs where parimutuel wagering is permitted, the printed program shall contain at least a current summary on each horse to include the number of starts, firsts, seconds and thirds in the current year and also the earnings and best winning time for the current year.

(D) Failure to furnish reliable program information may subject the permit holder and/or program director to a fine and they may be suspended by the Ohio state racing commission until arrangements are made to provide reliable program information.

(E) Inaccurate information. Owners, drivers, trainers, or others found guilty of providing inaccurate information on a horse's performance or of attempting to have misleading information given on a program may be fined and/or suspended by the judges or referred to the commission who may issue penalties under the provisions provided in rule 3769-15-99 of the Administrative Code.

(F) Check on identity of horse. Any track official, representative of the commission, or owner, trainer, or driver of any horse declared in to race, wherein the question arises, may call for information concerning the identity and eligibility of any horse on the grounds of a permit holder, and may demand an opportunity to examine such horse or his electronic eligibility with a view to establishing his identity or eligibility. If the owner or party controlling such horse shall refuse to afford such information, or to allow such examination, or fail to give satisfactory identification, the horse and the said owner or party may be fined by the judges or suspended and referred to the commission.

(G) False chart lines. Any official, clerk, or person who enters a chart line on a horse's electronic eligibility when the race has not been charted by a licensed charter may be fined, suspended, or referred to the commission by the judges.

(H) Frivolous demand for identification. Any person demanding the identification of a horse without cause, or merely with the intent to embarrass shall be punished by a fine.

(I) Withholding registration certificate. Any person withholding a registration certificate from the owner or lessee of a horse, after proper demand has been made for the return thereof may be suspended until such time as the certificate is returned.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 1/1/2006

3769-15-34 Ohio standardbred stallion registration and residence eligibility.

The following rule relates to the registration of standardbred stallions pursuant to section 3769.082 and 3769.085 of the Revised Code.

(A) An Ohio resident for the purpose of determining eligibility under sections 3769.082 and 3769.085 of the Revised Code must comply with the following:

(1) Have been a permanent resident of the state of Ohio for six months and maintain legal residency status in no other state.

(2) If a registered voter, is registered to vote in Ohio only.

(3) Files a personal property tax in Ohio, if required by law to do so.

(B) The owner or lessee of any standardbred stallion desiring to use him for breeding purposes and to have him qualify under this rule must register said stallion with the Ohio state racing commission. Said registration shall be on forms provided by the commission. A stallion which is to stand for the first time in Ohio, must be registered prior to the time he first services a mare that particular breeding season. Beginning with the 1986 breeding season the fee shall be one hundred dollars for the initial registration of a stallion.

(C) Registration of stallions remaining in the state for more than one breeding season must be renewed annually by November thirtieth preceding the breeding season on forms provided by the commission. Beginning with the 1986 breeding season the renewal fee shall be twenty-five dollars.

(D) Owners of standardbred stallions registered with the racing commission shall submit by November thirtieth a report of mares bred during the preceding twelve months.

(E) Cancellation of incorrect registrations. If the commission finds an outstanding registration to be incorrect such registration may be cancelled and notice thereof shall be sent to the owner of the horse.

(F) Cancellation or suspension of registrations. Upon failure of an owner or lessee of a registered stallion to furnish the commission requested information relative to the registration of a horse, the commission may suspend or cancel the registration.

(G) Execution of false application for registration or transfer. If the commission finds that an application for registration or transfer contains false or misleading information, the commission may summon the person who executed said application and any other person who has knowledge thereof. Failure to respond to such summons may cause the commission to suspend or cancel the registration of horses owned by such person. After hearing, the commission may suspend, cancel or bar from further registration horses owned by the person who executed the false or misleading application.

(H) Registration correction fee. Any person filing an application for registration with incorrect or incomplete information may be charged five dollars to defray costs for re-registration.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/1/1974, 8/15/1977, 1/1/19851/1/2006

3769-15-99 Penalties commission may impose.

(A) For a violation of any rule in this chapter and unless a rule specifically precludes the judges from doing so, the judges, upon the concurrence of two such officials, may fine a licensee an amount not in excess of the amount permitted by section 3769.091 of the Revised Code and/or suspend licenses, upon the concurrence of two such officials, for a period not to exceed the length of time permitted by section 3769.091 of the Revised Code and/or refer the licensee to the commission for further action.

Any fine or suspension may be appealed to the commission. Such appeal shall stay the fine or suspension until further action by the commission.

(B) In addition to any other penalty provided, or in the event no penalty has been provided, the commission, may, upon finding a licensee has violated a rule of this chapter, fine the licensee an amount not in excess of the amount prescribed by law and/or deny, suspend or revoke any Ohio state racing commission license held by the licensee and/or rule off any such licensee from all Ohio race tracks.

(C) Should the commission find a permit holder, or a representative of the permit holder has violated a rule in this chapter, they may fine said permit holder or the representative of the permit holder an amount not in excess of the amount prescribed by law and/or deny, suspend or revoke any license and/or permit held by said permit holder or representative of the permit holder and/or rule off any such permit holder's representative.

(D) Each day during which any violation of a rule in this chapter continues to occur shall be considered a separate offense and any person and/or permit holder continuing to violate said rule or rules may be penalized separately for each day the violation occurs.

(E) Any person who violates any provisions of the Horse Racing Act or any of the Ohio rules of racing for which no penalty is otherwise provided, may be denied a license under such rules. A licensee under such rules may be fined, may have his/her license suspended or revoked or may be ruled off. Any permit holder who violates any of the provisions of the Horse Racing Act or any of the Ohio rules of racing for which a penalty is not otherwise provided, may have the permit suspended or revoked, or may be denied a permit upon subsequent application therefor.

R.C. 119.032 review dates: 09/15/2010 and 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 5/1/1985