Chapter 3769-5 Racing Eligibility

3769-5-01 Racing secretary.

The racing secretary shall prepare the books of conditions for the races to be run during the meeting and he/she and his/her assistants shall take entries for all races. The racing secretary shall assign post positions for each race by lot by drawing a numbered ball from a bottle in the presence of the owners or trainers. The number drawn shall be the post position for the horse.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-02 Clerk of course.

The racing secretary or his/her deputy shall be the clerk of the course. The clerk of the course shall discharge all duties expressed or implied by the rules of racing, report to the stewards all violations of said rules or of the regulations of the meeting, and keep a complete record of all races.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-03 Handicapper.

The racing secretary or his/her deputy shall be the handicapper and shall assign weights to equalize the chances of horses named for handicap races.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-04 Receive entry fees.

The racing secretary shall receive all stakes, entrance money, jockey fees and other moneys that properly can come to his/her office and in his/her discretion 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-05 Information on undesirables.

The racing secretary shall, in the interest of racing, keep himself/herself thoroughly informed concerning such forfeits or arrearages as may be authoritatively listed or reported for recognized meetings, using such lists as means of eliminating undesirable people from racing. Other officials shall have access to such information.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-06 Overnight list.

The racing secretary shall compile and distribute daily an overnight list which shall carry the names of entries with their post positions, weights and the assigned jockey, if a rider has been named.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-07 Official program.

The racing secretary shall compile an official program for the day's racing which shall list the races in the order of their running and the name, post positions, rider and weight for each starter together with such other information as may be pertinent or deemed necessary.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-08 Also eligible list.

(A) If more horses are entered for any purse race than can be accommodated, six in addition to those granted post positions may be drawn and placed on an also eligible list. If any of the original starters are withdrawn, their places may be filled from said list.

(B) Any owner or trainer of any horse on the "also eligible list" which does not wish to start such horse in such race shall so notify the racing secretary prior to scratch time for such race and such horse shall be entitled to scratch and shall forfeit any preference to which it may have been entitled.

(C) Where entries are closed two racing days prior to the running of a race, any horse on an "also eligible list," and which also has been drawn into a race as a starter for the succeeding day, shall not be given an opportunity to be drawn into the earlier race for which he had been listed as "also eligible."

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-09 Preferred list.

The racing secretary shall keep a list of all horses excluded from races because of too many entries. These horses shall have preference in any race in which they may afterward be entered in accordance with rules and regulations adopted by the racing secretary for the meeting. Said list shall be known as the preferred list.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-10 Automatically on preferred list.

When the number of entries exceed the original starters plus six, excess entries shall automatically go on the preferred list.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-11 Divisions of preferred list.

Divisions of the preferred list with regard to claiming price or distance may be made at the discretion of the racing secretary.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-12 Grade of preference.

The system of determining which excluded horse has preference over another excluded horse will be up to the discretion of each race track and submitted to the commission for final approval. Whichever system (date system or star system) is used shall be clearly defined in the track rules and shall be based solely on exclusions at that particular track.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85, 4/3/86

3769-5-13 Post preferred list.

The preferred list shall be posted each afternoon in a location easily accessible to all horsemen. Any claim of error must be made by ten a.m. of the racing day following posting to receive consideration by the stewards.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-14 Claim of preference.

When a horse on the preferred list is entered in a race, a claim of preference shall be made at time of entry and noted on the entry sheet. Claims of error will not be considered by the stewards unless the person making the claim has signed an entry in conformity with this rule.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-15 Racing entries.

The racing secretary shall receive entries and declarations for all races. In the absence of notice to the contrary, nominations to and declarations from any stakes closing on the eve of or during a meeting shall be received by the racing secretary.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-16 Entry licensing requirements.

No horse may be permitted to race in this state unless the owner, trainer, assistant trainer and jockey 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 3769-2-24 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. In thoroughbred racing no horse shall be permitted to start unless it is saddled by a licensed trainer.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/16/66, 3/16/70, 1/1/85

3769-5-17 Full name of all owners.

Every entry must be made in the name of a person having an ownership interest in the horse and must be made in writing by such owner or by his trainer or by the authorized agent of either or by a jockey agent. The authorized agent or jockey agent must be licensed at the time the entry is received by the race office. The full name of every person having ownership in a horse or any interest in its winnings and the proportions of each or either must be recorded with the racing secretary before it starts at any meeting. The stewards 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: 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: 3/15/66, 1/1/85

3769-5-17.1 Required information.

(A) All entries must contain the name of the owner, registered stable or lessee of the horse; the name of the owner, trainer, authorized agent or jockey 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;

(B) If a 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,

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

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

3769-5-18 Stable names.

(A) A person wishing to enter horses under a stable name may do so by registering and by paying a fee of fifty dollars, such registration being effective for one year from January first in the year in which registered.

(B) All registrations of stable names by other racing authorities and by the "Jockey Club" shall be recognized in Ohio upon the payment of a fee of twenty-five dollars, except that anyone so registered and racing in Ohio may be required to disclose his real name.

(C) A person cannot register more than one stable name at the same time, nor can he use his real name so long as he has registered a stable name, except as provided in paragraph (E) of this rule.

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

(E) Any person may abandon a stable name in favor of his real name after he/she 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.

(F) 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 of race horses.

(G) If the horses of a partnership are to be run in the name of a member of the partnership in accordance with rule 3769-5-19 of the Administrative Code, such name need not be registered as a stable name, but all horses of the partnership must be run under such name. However, if a partnership should register a stable name, it cannot run any horse except under that name so long as it is registered.

(H) 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 trainer other than in his legal name.

(I) No stable name shall be used if in the judgement of the stewards it is being used for advertising purposes.

(J) 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.

(K) 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/19/65, 5/1/79, 1/1/84, 1/1/85, 8/1/91, 10/4/92

3769-5-19 Statements of partnership.

(A) Statements with respect to all partnerships and the name and address of every individual having any interest in a horse, the relative proportions of such interest, and the terms of any sale with contingencies, or any lease, or of any arrangements, must be signed by all the parties or by their authorized agents and be given to the racing secretary. A copy of such statement shall be transmitted to the Ohio state racing commission before any horse which is joint property or which is sold with contingencies or is leased can start in any race, except that the stewards may in their discretion for good cause waive this requirement if horses are shipped in for stakes races. All the partners, and each of them, shall be jointly and severally liable for all stakes and obligations.

(B) All statements of partnerships, of sales with contingencies, of leases, or of arrangements shall declare the name of the nominator (to whom winnings are payable), in whose name the horses will run, and with whom rests the power of entry or of declaration of forfeit.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/19/65, 5/1/79, 1/1/84, 1/1/85, 8/1/91, 10/4/92

3769-5-20 Emergency authority.

In case of emergency, authority to sign statements of partnerships may be given to the racing secretary by a telegram, promptly confirmed in writing.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-21 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 stewards. After races are drawn, if there is conclusive evidence that a horse properly entered in an overnight race was omitted from the race through the error of a permit holder or its agent or employee, the race will be redrawn, provided the error is discovered prior to either scratch time or printing of the program. However, in the case of stakes, handicaps or races where nominiations are taken prior to passing the entry box, the horse shall be given the outside post and race for the purse but will be barred from the wagering.

(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 stewards.

(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 stewards 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 jockeys; payment of expenses the stable incurs; payroll matters; and carrying workers compensation coverage.

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

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

(4) The individual is known to have communicated with the racing secretary's office regarding the entering of horses.

(5) The individual is responsible for the saddling and shoeing of a horse.

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

(7) 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85, 7/2/92, 2/6/99

3769-5-22 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-23 Proof of ownership.

The stewards 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.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-24 Mutuel entry.

Not more than two horses of the same ownership and/or in charge of the same trainer may be entered for a purse 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: 09/15/2004 and 09/15/2009

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-25 Entries refused.

The entries of any person or the transfer of any entry may be refused without notice.

R.C. 119.032 review dates: 09/15/2004 and 09/15/2009

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-26 List jockey.

(A) Every owner or trainer or authorized agent or jockey agent shall, if possible, upon making entry, furnish the name of the jockey who will ride his horse, but if this is not possible, the name must be furnished at a time designated by the stewards. At time of entry the owner or trainer or authorized agent or jockey agent shall report the equipment, or change of, his/her horse will carry. Such report shall include information with respect to whip, blinkers, weight, etc.

(B) If an owner or trainer or authorized agent does not name a jockey for his entered horse by the time designated by the stewards, the stewards shall select and name a competent jockey to ride that horse.

Replaces: 3769-5-26

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, 1/1/85, 1/1/05

3769-5-27 Registration with associations.

(A) No horse may be started in any race unless it be registered and named with the registry office of the "Jockey Club" (New York), or in quarter horse racing, the "American Quarter Horse Association" (Amarillo, Texas). In the event the name of any horse is changed and such change is approved by the registry office, both old and new names shall be carried in the official program until three starts have been made.

(B) No horse shall be allowed to race unless it has been lip tattooed.

(C) No horse shall be allowed to start unless a "Jockey Club," or "American Quarter Horse Association," registration certificate disclosing actual ownership and the horse's winning official record is on file in the office of the racing secretary, except that the stewards may in their discretion, for good cause, waive this requirement if horses are shipped in for stakes or allowance races, early closers or invitationals, and are otherwise properly identified, provided that a written report of such waiver shall be submitted to the racing commission.

Effective: 12/04/2009
R.C. 119.032 review dates: 09/16/2009 and 09/15/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 8/17/1975, 1/1/1985

3769-5-28 Identification of horse.

(A) When a horse is entered, it must be clearly identified by statement of its name, age, and sex.

(B) Any alteration in the sex of a horse must be reported and noted by the trainer to the racing secretary, or horse identification office immediately and that office must note the same on the foal certificate and notify the proper registry.

(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 written certification of the stallion owner is attached to foal certificate showing the fee for the stallion service has been satisfied and that the successful claimant will not be responsible for the stallion fee.

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: 3/1/74, 1/1/85

3769-5-29 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 stewards may suspend and refer to the commission such persons in case of fraud or attempted fraud. The stewards 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 3769-5-99 of the Administrative Code.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-30 Publish performance.

(A) Every commission licensee exercising a horse shall, upon request of an official timer, correctly identify the horse he is exercising and shall state the distance over which such horse is to be worked and the point on the race track where it is intended to start the workout.

(B) Every commission licensee exercising a horse that has not started in the last year shall report to the official timer, correctly identify the horse he is exercising and shall state the distance over which such horse is to be worked and the point on the race track where it is intended to start the workout.

(C) Any horse starting for the first time must have a minimum of three workouts, one of which must be from the starting gate.

(D) Before any horse is permitted to start, the stewards shall be satisfied that its published past performance, whether in races or workouts, shall be of sufficient number to enable the public to make a reasonable assessment of its capabilities.

(E) Any horse which has not raced for a period of sixty days must have at least one published workout prior to starting in a race, subject to the provisions in paragraph (D) of this rule. Any horse which has not raced for a period of ninety days must have at least two published workouts prior to starting in a race, subject to the provisions of paragraph (D) of this rule.

(F) No horse may be permitted to start in a race whose recent workouts have not been properly recorded with the stewards.

Effective: 07/02/2009
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/15/66, 1/1/85, 1/1/05

3769-5-31 Must be starter.

Every horse entered for a race must be a starter unless it is declared out, excused, or ordered withdrawn.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85, 10/14/88

3769-5-32 Eligibility of entries.

At thoroughbred tracks, a horse must be eligible to start at time of starting, in an overnight event.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 9/1/76, 1/1/85

3769-5-33 Horses ineligible to be entered.

An owner or trainer shall not enter or start a horse that:

(A) Is not in serviceably sound racing condition;

(B) Is wearing a trachea tube, or has a hole in its throat for a trachea-tube;

(C) Has been high nerved as described in rule 3769-8-04 of the Administrative Code;

(D) Has impaired eyesight in both eyes.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 4/1/71, 1/1/85, 5/4/92

3769-5-34 Veterinarian's, steward's, or starter's list.

(A) No horse on the starter's list or on the steward's list or on the veterinarian's list may be entered or started.

(B) All horses scratched by a veterinarian or excused from starting by the stewards for either lameness or sickness shall be put on the veterinarian's list and shall not be removed for three days from the date of the race from which they were scratched. No entries will be accepted on these horses until the three-day period has expired.

(C) The stewards may put any horse on the steward's list if they consider it noncompetitive or unfit to race at the meeting.

(D) No horse shall be admitted to any race track facility in Ohio without having had a negative official test for equine infectious anemia within the past twelve months.

Effective: 11/02/2006
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/1/74, 1/1/85, 10/4/92

3769-5-35 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 at a time designated by the permit holder. At no time shall the designated arrival time for horses shipping in to race be less than two hours prior to post time of the race in which the horse is scheduled to participate.

Whenever a horse shipping in to race arrives at the track, it will be made available for examination by the track veterinarian.

In the event of any unavoidable delay, as determined by the stewards, the stewards may determine a resonable grace period.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/1/74, 1/1/85, 10/4/92

3769-5-36 Closing of stake races.

In stake races, when an hour for closing is designated, nominations and declarations cannot be received thereafter, but if no hour is designated, they may be received until midnight of the day of closing. When nominations or declarations are mailed, the hour of the postmark will determine their validity. Nominations and declarations may be made by telegraph or telephone but must be confirmed promptly in writing.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-37 Late nominations.

In the event of the late delivery or non-delivery or miscarriage of any nomination or declaration not made personally, the stewards in their discretion may declare the nomination or declaration valid if satisfactory proof is presented within what the stewards consider to be a reasonable time.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-38 Substitution; stakes.

A nomination in a stakes is a subscription and cannot be withdrawn, but another horse may be substituted before the closing time. A person subscribing to a stakes before the time fixed for naming can transfer one or more of his subscriptions to any person or persons.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-39 All moneys must be paid.

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

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-40 Subscription not returnable.

Subscriptions are not returnable on the death of a horse or its failure to start, regardless of the cause of the failure.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-41 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-42 Notice in writing.

No horse shall be considered scratched or declared out of an engagement until the owner, trainer or authorized agent, or some person deputized by one of them, shall have given due notice in writing to the racing secretary before the time stipulated by the regulations of the permit holder.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-43 Automatically out.

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

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-44 Scratch time in stake race.

Scratches from the stake races will close forty-five minutes before the scheduled post time of the race.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-45 Scratches must be approved.

(A) Every horse entered and drawn for a race must be a starter unless it is scratched or ordered withdrawn, for reason, by the stewards and/or on the advice of the track veterinarian.

(B) Approved reasons for scratches include, but are not limited to, lameness or sickness of horse; unmanageability of horse; ineligibility of horse; and other situations approved by the stewards.

(C) Trainers and/or owners who fail to start a horse, which has been entered and drawn into a race and which has not been scratched for an approved reason, may be penalized under rule 3769-5-99 of the Administrative Code by the stewards and/or the commission.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 11/1/75, 1/1/85, 8/1/91, 1/1/92

3769-5-46 Scratch irrevocable.

A scratch of a horse whose name appears in a printed program is irrevocable unless the stewards 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85, 2/6/99

3769-5-47 Weight for age.

The scale of weights for age hereinafter listed shall be carried when conditions of races do not otherwise specify.

See Table at

http://www.registerofohio.state.oh.us/pdfs/3769/0/5/3769-5-47_PH_FYR_C_RU_20090910_1032.pdf

(B) In races of intermediate lengths, the weights for the shorter distance shall be carried.

Eff 3-15-66; 1-1-85; 1-1-05
Rule promulgated under: RC 119.03
Rule authorized by: RC 3769.03
Rule amplifies: RC 3769.03
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

3769-5-48 Weights listed. [Rescinded].

Rescinded eff 1-1-05

3769-5-49 Weights in three- or four-year olds. [Rescinded].

Rescinded eff 1-1-05

3769-5-50 Filly allowance.

Except in handicaps, two-year-old fillies shall be allowed three pounds, and fillies and mares three years old and/or upward shall be allowed five pounds before September first and three pounds from that date on.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-51 Minimum weight.

In all overnight races for two-year olds, for three-year olds, or for four-year olds and upward, the minimum weight shall be one hundred twelve pounds, subject to sex and apprentice allowance. This rule shall not apply to handicaps or to races written for three-year olds and upward.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-52 Eligibility to race.

(A) The reports, records, and statistics as published by the daily racing form, equibase, the breed registry foal certificate, or other recognized publications shall be considered in determining eligibility, allowances, and penalties unless the published conditions of the meeting or for the race in question provides otherwise.

Rescinded and reenacted, eff. 1-1-05
Rule promulgated under: RC 119.03
Rule authorized by: RC 3769.03
Rule amplifies: RC 3769.03
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

3769-5-53 Weight penalties, allowances.

(A) Weight penalties are obligatory.

(B) Weight allowances are optional, wholly or in part.

(C) Weight allowance, including apprentice allowance, must be claimed at the time of the overnight entry and shall not be abandoned after posting of entries except by consent of the stewards.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-54 Apprentice jockey allowances.

(A) The holder of an apprentice jockey certificate is entitled to claim the following allowances in all overnight races, except handicaps.

(B) An apprentice jockey shall ride with a five-pound weight allowance beginning with his/her first mount and for one full year from the date of his/her fifth winning mount.

(C) If, after riding one full year from the date of his/her fifth winning mount, the apprentice jockey has failed to ride a total of forty winners from the date of his/her first winning mount, he/she shall continue to ride with a five-pound weight allowance for one more year from the date of his/her fifth winning mount, or until he/she has ridden a total of forty winners, whichever comes first.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 8/1/74, 1/1/85

3769-5-55 Not cumulative.

Penalties and allowances of weight are not cumulative unless so declared by the conditions of the race.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-56 Allowance at time of starting.

(A) A horse shall start with no greater allowance of weight than that to which it is entitled at the time of starting, regardless of its allowance at the time of entry.

(B) Horses incurring weight penalties for a race shall not be entitled to any of the weight allowances for that race.

(C) Horses not entitled to the first weight allowance in a race shall not be entitled to the second, and so on.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-57 Omission to claim weight allowances.

Omission to claim a weight allowance shall not be cause for disqualification.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-58 No penalty for being beaten.

No horse shall incur a weight penalty or be barred from any race for having been beaten in any race.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-59 No allowance for being beaten.

No horse shall receive allowance of weight for having been beaten in any race, but this rule shall not prohibit maiden allowances or allowances to horses which have not won within a specified period or a race of specified value.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-60 Not a claiming race.

In the computation of weight penalties or allowances, 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: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-61 Weight disqualification.

No horse shall incur a weight penalty for a placement from which it is disqualified, but a horse placed through the disqualification of another shall incur weight penalties of that placement.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-62 Steeple chase.

Weight penalties or allowances incurred in a steeple chase or hurdle race shall not apply to flat races or vice versa.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-63 Disputed race.

When the decision of a race is in dispute, all horses for which the winner's share is claimed shall carry the winner's weight penalties until the dispute be decided.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-64 Dead heat.

All horses involved in a dead heat for first place shall be liable to weight penalties for winning.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-65 No race off.

Dead heats shall not be run off. Horses joined in a dead heat for any position for which a share of the purse is payable shall share equally in the money award for the placement. If the owners cannot agree which of them shall receive a cup or other indivisible prize, the stewards shall determine the question by lot.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/15/66, 1/1/85

3769-5-66 Ohio thoroughbred race special account.

(A) A program of breeders' awards is established under section 3769.083 of the Revised Code . In order to register a horse and/or receive a breeders' award for a foal that was registered after December 31, 2008, the breeder must be licensed in accordance with rule 3769-2-24 (C) of the Administrative Code.

(1) The state racing commission may pay from the Ohio thoroughbred race special account to the breeder of a horse meeting the qualifications of division (B) of section 3769.083 of the Revised Code winning first, second, or third prize money of a purse for a thoroughbred race an amount not to exceed fifteen per cent of the first, second, or third prize money of such purse. For the purpose of this rule the breeder shall be considered the owner or lessee of the mare at the time the foal is dropped.

(2) The commission may also provide for stallion owners' awards in an amount equal to not less than three nor more than ten per cent of the first, second, or third place share of the purse; the award shall be paid to the owner of the stallion providing the stallion was standing in Ohio as provided in division (A)(1)(b) of section 3769.083 of the Revised Code at the time the horse placing first, second or third was conceived. The per cent shall be determined in advance by the Ohio state racing commission.

(3) Ohio thoroughbred racing permit holders shall keep records of each race for horses that won first, second, or third places qualifying under section 3769.083 of the Revised Code, and shall submit monthly reports to the Ohio state racing commission on the fifth day of each month, listing all horses qualifying under said section that won first, second, or third places during the previous month. The report shall include the date and number of races, the share of the purse for first, second, and third place finishes, the name of the breeders and the sires of the award winners. The racing commission will then present a voucher to the auditor of state for payment of the breeders' awards and stallion owners awards if applicable.

(B) The owner of any broodmare desiring to breed or board her in the state of Ohio and have the offspring qualify for awards under the Ohio thoroughbred race special account must register the mare with the racing commission. Initial and renewal registration shall be on forms provided by the commission and filed on or before August 15th of the year of conception.

(C) The owner of any stallion desiring to use him for breeding purposes and to have him qualify under this rule, must register said stallion with the Ohio racing commission. Initial and Renewal registration shall be on forms provided by the commission and filed with the commission by the time that he first services a mare that particular year. Said stallion must stand for breeding purposes only in Ohio.

(D) Mares may leave Ohio after foaling to be bred in another state providing they return to Ohio on or before the fifteenth day of August of that year. Owners or authorized agents must notify the Ohio state racing commission in writing of the date of the mare leaving Ohio and the date and location of the mare's return, unless they are disqualified for one or more of the following reasons:

(1) Stallion for which no thoroughbred mares bred to said stallion has been submitted to the Ohio state racing commission for a period of five years.

(2) Broodmare has not had a foal registered with the Ohio state racing commission in the last five years.

(3) Broodmare or stallion has been reported and properly verified as dead by an inspector of the Ohio state racing commission. Any broodmare or stallion that falls into the above categories will have its registration cancelled and destroyed. Any broodmare or stallion registration which has been cancelled for any of the above reasons must be re-registered under the provisions and benefits of the Ohio thoroughbred race special account program on forms provided by the commission.

(E) Any foal born after December 13, 1966, may be registered with the Ohio state racing commission as an "accredited Ohio thoroughbred horse" provided the horse meets all of the qualifications of division (A)(1) of section 3769.083 of the Revised Code, and provided the registration is on forms provided by the commission.

(F) An owner desiring to register any foal as an Ohio-foaled horse shall do so on forms provided by the racing commission. Such registration is not valid unless the dam of the foal was registered as required by the rules of the Ohio state racing commission and produced a foal which is either of the following:

(1) A horse born of a mare which enters this state before foaling and remains continuously in this state until the horse is born.

(2) A thoroughbred foal produced within the state by any broodmare shipped into the state to foal and be bred to a registered Ohio stallion. To qualify this foal as an Ohio-foaled horse, the broodmare must remain in Ohio one year continuously after foaling or continuously through foaling to the cover of the Ohio stallion, whichever is sooner.

For purposes of this paragraph, the term "enters" shall mean physical arrival in this state on or before August 15th of the year in which a foal is conceived.

(G) All horses previously registered as Ohio-conceived and foaled will be considered as Ohio-foaled horses effective January 1, 1976, as provided in division (A)(2) of section 3769.083 of the Revised Code. All horses registered as Ohio-conceived and foaled will be considered as Ohio-foaled horses effective January 1, 2014, as provided in paragraph (F) of this rule.

(H) Registration fees and time of registration:

(1) In order for a thoroughbred owner or breeder to be eligible for any of the payments provided for in section 3769.083 of the Revised Code, and as provided in this rule, the subject horse must be registered with the commission and the registration fees shall be as follows:

(a) Broodmare -- initial registration ..................... $ 100.00

Broodmare--annual renewal registration thereafter ........... $ 25.00

(b) Stallion -- initial registration ........................... $ 100.00

Stallion -- annual renewal registration thereafter .............. $ 25.00

(c) Ohio foal-thoroughbred horse -- initial registration .................... $ 25.00

(d) Accredited Ohio foal-thoroughbred horse -- initial registration ............................... $ 25.00

(2) Registrations for Ohio thoroughbred broodmares, Ohio thoroughbred stallions, Ohio-foal thoroughbred horses and accredited Ohio-foal thoroughbred horses shall be on forms provided by the commission and shall be filed in accordance with the time schedule established in this rule.

(I) In the event that a foal is not registered on or before October fifteenth in the year of birth, said foal may nevertheless be registered thereafter by the payment of an additional registration fee as follows:

(1) From October sixteenth to December thirty-first of the year of birth -- seventy-five dollars;

(2) From January first to December thirty-first of the yearling year -- one hundred fifty dollars.

(3) From January first to December thirty-first of the two-year-old -- three hundred dollars. Such registration must be on forms provided by the racing commission and supported by affidavits as required by the commission.

(4) From January first to December thirty-first of the three-year-old and any year thereafter, and provided the horse has never raced in any type of race --twenty-five hundred dollars. Such registration must be on forms provided by the racing commission and supported by affidavits as required by the commission.

(J) Owners of stallions registered with the racing commission shall submit on or before October fifteenth a report of all mares bred during the year in question. Owners of mares registered with the racing commission shall submit a report of all barren mares each year. Said report shall be filed on or before October fifteenth of the year in which the mare was bred.

(K) In the event that a broodmare is not registered prior to the time prescribed in paragraph (B) of this rule, said broodmare may nevertheless be registered thereafter within two years of said broodmare's first foaling in Ohio providing all of the following requirements are met:

(1) An additional registration fee of five hundred dollars shall be paid.

(2) Accompanying registration is a notarized statement of the veterinarian in attendance at foaling or such other persons, as required by the Ohio state racing commission verifying the date of foaling and date of entry into Ohio.

Effective: 03/27/2014
R.C. 119.032 review dates: 01/10/2014 and 03/17/2019
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.083
Prior Effective Dates: 2/14/67, 3/14/68, 3/31/69, 3/16/70, 10/25/71, 2/12/73, 11/15/76, 1/1/85, 12/1/86, 4/1/88, 9/5/94, 2/2/08, 3/5/09

3769-5-67 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 and breeder of the horse.

Effective: 03/05/2009
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/14/68, 4/1/71, 1/1/85

3769-5-68 Cancellation or suspension of registrations.

Upon failure of a breeder or horseman to furnish the commission requested information relative to the registration of a horse, the commission may suspend or cancel such registration.

Effective: 03/05/2009
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/14/68, 1/1/85

3769-5-69 Execution of false application for registration or transfer.

If the commission has reason to believe 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 registrations of horses owned by such person. After a hearing, the commission may suspend, cancel and/or bar from further registrations horses owned by the person who executed the false or misleading application.

Effective: 03/05/2009
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 3/14/68, 1/1/85

3769-5-70 Registration correction fee.

Any person filing an application for registration with incorrect or incomplete information may be charged ten dollars to defray costs for re-registration.

R.C. 119.032 review dates: 09/10/2009 and 09/09/2014

Promulgated Under: 119.03

Statutory Authority: 3769.03

Rule Amplifies: 3769.03

Prior Effective Dates: 3/14/68, 1/1/85

3769-5-99 Penalties commission may impose.

(A) For a violation of any rule in this chapter and unless a rule specifically precludes the stewards from doing so, the stewards, 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) Should the commission find a breeder has violated a rules in this chapter, in addition to any other penalty provided, the commission may:

(1) Increase the penalty to up to a ten thousand dollar fine and up to a ten year suspension;

(2) Deny the breeder any awards that are due in the future; and/or;

(3) Require the breeder to return any purses from races which subsequent owners may have won, if as a result of the incorrect information a subsequent owner has been ordered to return purses.

(C) 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.

(D) 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.

(E) 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.

(F) 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.

Effective: 03/05/2009
R.C. 119.032 review dates: 09/10/2009 and 09/09/2014
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 5/1/85