Lawriter - OAC - 3769-5-21 No change permitted.

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.

Five Year Review (FYR) Dates: 07/24/2015 and 07/24/2020
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85, 7/2/92, 2/6/99