This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3769-16-01 | Winnings.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Winnings shall include all prizes up to the time appointed for the start and shall apply to all races in any country and shall embrace walking over or receiving forfeit but shall not include second money or lower or the value of any prize not paid in money.
Last updated August 13, 2025 at 9:43 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
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Rule 3769-16-02 | Winnings start on January first.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Winnings during the year shall include all winnings from January first, preceding the start.
Last updated August 13, 2025 at 9:43 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
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Rule 3769-16-03 | Claims.
Effective:
January 1, 2006
(A) Any horse starting in a claiming race shall be subject to claim for its entered price. All claims must be made in writing on forms and in envelopes furnished by the permit holder. Both forms and envelopes must be filled out completely and must be sufficiently accurate to identify the claim or the claim will be void. A photocopy of the claimant's owner's license or eligibility to claim license must be submitted with the claim. (B) Notwithstanding any designation of sex or age appearing on the racing program or in any racing publication, the claimant of a horse shall be solely responsible for determining the age or sex of the horse claimed.
Last updated August 13, 2025 at 9:43 AM
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Rule 3769-16-04 | Persons eligible to claim.
(A) Any Ohio licensed owner or any person
holding an eligibility to claim license may make a claim for any horse subject
to claim. Claims may be made by an authorized agent but only for the account of
the person for whom they are agent. (B) An eligibility to claim license may
be issued by the Ohio state racing commission subject to rules 3769-2-18,
3769-2-26, and 3769-2-30 of the Administrative Code to any applicant who
provides a completed fingerprint card, the name of a licensed trainer who will
assume the responsibility for the care of the horse claimed, and the requisite
fee. An eligibility to claim license is valid until the end of the year from
the date of purchase or until the claimant is successful in claiming or
purchasing a horse. Once the holder of an eligible to claim license
successfully claims or purchases a horse they shall apply for an owner's
license prior to starting any horse. (C) Any person claiming a horse under
this rule must also comply with rules 3769-16-10 and 3769-16-11 of the
Administrative Code.
Last updated July 14, 2025 at 8:09 AM
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Rule 3769-16-05 | Time for depositing claim.
The permit holder shall provide a locked box in
which claims shall be deposited in a sealed envelope. The judges shall have
keys to the box. Only the money required for a registration transfer shall
accompany the claim. The claim shall be deposited in the box no later than
thirty minutes before post time of the race in which the claim is made. Once a
claim is deposited it may not be removed. Personnel receiving claim shall note
the time and date when received. The judges shall certify its validity and
direct delivery of the horse if the claiming price is on deposit.
Last updated July 14, 2025 at 8:09 AM
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Rule 3769-16-06 | Information on claims restricted.
If there is a valid claim for a horse, during the
post parade of its race the judges will have a public announcement made and
information stating there has been a claim made on that horse will be scrolled
on the simulcast video. The successful claimant will be announced after the
completion of the race. Other than this public announcement, no official or
other employee of a permit holder shall give any information as to the filing
of claims until after the race has been run.
Last updated July 14, 2025 at 8:09 AM
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Rule 3769-16-07 | Title vested.
Each horse shall race for the account of the person
in whose name it starts, but title to the claimed horse shall be vested in the
claimant from the time it becomes a starter as defined in rule 3769-1-01 of the
Administrative Code or as provided for in rule 3769-16-19 of the Administrative
Code. If more than one person shall enter claims for the same horse, they shall
cast lots to determine the right to consummate the claim in the presence of the
judges, and the one determined by lot shall become the owner of the horse. In
any case, the claimant shall take the claimed horse whether it be sound or
unsound, or injured during the race or after it. Claims will be void if the
horse dies on the racetrack or is euthanized at the direction of a regulatory
veterinarian.
Last updated July 14, 2025 at 8:09 AM
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Rule 3769-16-08 | Deliver to paddock.
Any horse that has been claimed shall, after the
race has been contested, be taken to the paddock for delivery to the claimant
by the trainer who entered the horse in the race or their designated
representative. The successful claimant or designated representative shall be
allowed to measure the hopples and overcheck of the claimed horse immediately
following the race. The horses' halter accompanies the horse.
Last updated July 14, 2025 at 8:10 AM
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Rule 3769-16-09 | Failure to deliver.
Any person who refuses to deliver a horse claimed
out of a claiming race shall be suspended and the horse shall be
suspended.
Last updated July 14, 2025 at 8:10 AM
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Rule 3769-16-10 | Restriction on sale of claimed horse.
Promulgated Under:
Ch 119.
No horse claimed out of a claiming race shall be sold or transferred to anyone within thirty days of the day it was claimed except in another claiming race nor shall such horse remain in the same stable or under the care or management of its former owner or trainer.
Last updated August 13, 2025 at 9:44 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966, 1/1/1985
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Rule 3769-16-11 | Moving and racing restrictions of claimed horse.
(A) No horse claimed in Ohio shall race
at any other track in the state until the close of the current meeting at the
track at which the claim was made or for thirty days, whichever is the shorter
period of time, unless by permission of the judges at the meeting. If a claimed
horse is eligible to added money races at an Ohio track other than where the
horse was claimed, the horse may race at the other track in those races
only. (B) Unless by permission of the
commission or its executive director, no horse claimed in Ohio may be raced in
another state for sixty days.
Last updated July 14, 2025 at 8:10 AM
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Rule 3769-16-12 | Claiming prices determined.
(A) A claimed horse may be entered in
subsequent claiming races for such claiming price as the claimant of said horse
may determine. (B) Any horse scratched from a
claiming race must be eligible to be claimed for the same claiming price or
less in its next start, or it cannot race until thirty days has
passed.
Last updated July 14, 2025 at 8:10 AM
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Rule 3769-16-13 | Cannot claim own horse.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No person can claim his own horse or cause his horse to be claimed directly or indirectly for his own account; nor shall any person claim more than one horse from any one race. When a stable consists of horses owned by more than one person, trained by the same trainer, not more than one claim may be entered on behalf of such stable in any one race. The judges shall penalize any violator of this rule.
Last updated August 13, 2025 at 9:44 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
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Rule 3769-16-14 | One claim per race.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No authorized agent or trainer although representing several owners shall submit more than one claim for any one race.
Last updated August 13, 2025 at 9:44 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
|
Rule 3769-16-15 | Agreement prohibited.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Any person who shall offer or enter into an agreement to claim or not to claim or attempt to prevent another person from claiming any horse in a claiming race, or attempt by intimidation to prevent anyone from starting a horse in any race for which it is entered, or any owners starting horses in a claiming race who make an agreement for the protection of each other's horses may be penalized by the judges and/or the commission.
Last updated August 13, 2025 at 9:44 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
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Rule 3769-16-16 | Written consent.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Any person or persons who shall enter or allow to be entered in a claiming race, a horse against which any lawful claim is held, either by mortgage, bill of sale or lien of any kind, may be penalized unless before entering the horse, written consent of the holder of the claim shall be filed with the racing secretary.
Last updated August 13, 2025 at 9:44 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
|
Rule 3769-16-17 | Disputed ownership.
Any person who makes a false ownership claim to a
horse may be fined and/or suspended. Additionally, they may be referred to the
commission for any disciplinary action the commission deems advisable.
Last updated July 14, 2025 at 8:10 AM
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Rule 3769-16-18 | Affidavit by claimant.
The judges shall require any person making a claim
for a horse to make affidavit that they are claiming the horse for their own
account or as an authorized agent and not for any other undisclosed person. Any
person making a false affidavit may be subject to penalty by the judges and/or
the commission.
Last updated July 14, 2025 at 8:11 AM
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Rule 3769-16-19 | Claiming rules for scratched horse, blood test, conditions, registration.
(A) No horse may be claimed from a
claiming race unless said horse is declared a starter. (B) Blood sample procedure if horse is
claimed. In the event a horse is claimed, a blood sample may be taken by a
licensed veterinarian, and the sample identified as being from the claimed
horse shall be forwarded within twenty-four hours to an approved laboratory to
be tested for equine infectious anemia. Pending the receipt of a negative test
for equine infectious anemia, the money paid for the claimed horse shall be
held by the track. In the event of a positive test for equine infectious
anemia, the ownership of the claimed horse shall revert to the owner from whom
the horse was claimed, and the claiming money shall be returned to the person
or persons who claimed the horse. The cost of the test is to be borne by the
claimant. The test may be waived by the claimant at their discretion by so
indicating on the claiming slip. (C) Claiming conditions. If sexes are
mixed, mares shall be given a price allowance, provided, however, that there
shall be no price allowance given to a spayed mare racing in a claiming
race. (D) Minimum price. No claiming races
shall be offered permitting claims for less than the minimum purse offered at
that time during the same racing week. (E) Determination of claiming price. No
horse owner shall be prohibited from determining the price for which their
horse shall be entered. (F) The trainer or authorized agent
entering a horse in a claiming race warrants that they have authorization from
the registered owner or owners to enter the horse in a claiming race for the
designated amount. In the event of a claim, the owner, owners, authorized
agent, or trainer shall submit a signed registration or transfer application to
the judges prior to receiving proceeds from the claim.
Last updated July 14, 2025 at 8:11 AM
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Rule 3769-16-20 | Sound of bugle.
A bugle shall sound as the horses come upon the
track. After the horses enter the track, the course to be raced over shall be
closed to all but racing officials until the judges direct that it be reopened.
Horses are not permitted to warm up through post parade.
Last updated July 14, 2025 at 8:11 AM
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Rule 3769-16-21 | In hands of starter.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) Horses shall be in the hands of the starter from the time they arrive on the track until the start is effected. All horses shall parade from the paddock to the starting post, and no driver shall dismount without the permission of the starter. Attendants may not care for horses during the parade except by permission of the starter. (B) After entering the track not more than twelve minutes shall be consumed in the parade of the horses to the post except in cases of unavoidable delay.
Last updated August 13, 2025 at 9:45 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
|
Rule 3769-16-22 | Fair start.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
The starter shall give such orders and take such measures that do not conflict with the rules of racing, as are necessary to secure a fair start.
Last updated August 13, 2025 at 9:45 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/15/1966
|
Rule 3769-16-23 | Starter's duties.
The starter shall be in the starting gate fifteen
minutes before the post time of the first race. They shall have control over
the horses and authority to assess fines and/or suspend drivers for any
violation of the rules from the formation of the parade until the word
"go" is given. They may assist in placing the horses when requested
by the judges to do so. They shall notify the judges and the drivers in writing
of penalties imposed by them. Their services shall be paid for by the permit
holder employing them. An assistant starter may be employed when a permit
holder deems it necessary.
Last updated July 14, 2025 at 8:11 AM
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Rule 3769-16-24 | Starting.
(A) Starter's control. The starter
shall have control of the horses from the formation of the parade until they
give the word"go." (1) Scoring: After one or
two preliminary warming-up scores, the starter shall notify the drivers to come
to the starting gate. During or before the parade the drivers must be informed
as to the number of scores permitted. (2) The horses shall be
brought to the starting gate as near one-quarter of a mile before the start as
the track will permit. (3) Speed of gate:
Allowing sufficient time so that the speed of the gate can be increased
gradually, the following minimum speeds will be maintained: (a) For the first one-eighth mile, not less than eleven miles per
hour. (b) For the next one-sixteenth of a mile, not less than eighteen
miles per hour. (c) From that point to the starting point, the speed will be
gradually increased to maximum speed. (B) The starting point will be not less
than two hundred feet from the first turn, The starting point shall be clearly
identified by a distinctively colored pole at least two feet above the existing
pylons. The starter shall give the word "go" at the starting point.
When a speed has been reached in the course of a
start there shall be no decrease except in the case of a recall. (C) Fair start pole (1) At all extended
pari-mutuel tracks the fair start pole will be erected at a point before the
start that is between three hundred thirty feet to three hundred sixty feet.
The pole will be distinctive in color in relation to existing pylons and at
least two feet above the existing pylons. (2) If a horse has not
reached the fair start pole when the horses are released at the starting point
by the starter, the judges will cause the inquiry sign to be immediately
displayed and will request the horse be refunded for pari-mutuel
purposes.
Last updated July 14, 2025 at 8:11 AM
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Rule 3769-16-25 | Recall rules.
In case of a recall, a light plainly visible to the
drivers shall be flashed and a recall sounded, but the starting gate shall
proceed out of the path of the horses. At commercial parimutuel tracks, in the
case of a recall, wherever possible, the starter shall leave the wings of the
gate extended and gradually slow the speed of the gate to assist in stopping
the field of horses. In an emergency, however, the starter shall use their
discretion to close the wings of the gate. (A) There shall be no recall after
the word "go" has been given unless there is a mechanical failure of
the starting gate. Any horse, regardless of its position or an accident, shall
be deemed a starter from the time it entered into the starter's control
unless dismissed by the starter. (B) Breaking horses. The starter
shall endeavor to get all horses away in position and on gait but there shall
be no recall for a breaking horse. (C) The starter may sound a recall
only for the following reasons: (1) A horse scores ahead of the
gate; (2) There is
interference; (3) A horse has broken
equipment; (4) A horse falls before the word
"go" is given; (5) A mechanical failure of the
starting gate; (6) A horse comes to the gate out of
position. (D) In the event a horse causes two
recalls, it shall be an automatic ruling of the judges that the offending horse
be scratched and a mutuel refund ordered. (E) Horses not up to the gate in
position due to the fault of the driver may result in the driver being
penalized by the starter as provided by rule 3769-16-26 of the Administrative
Code.
Last updated July 14, 2025 at 8:12 AM
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Rule 3769-16-26 | Penalties, starter.
(A) A fine not to exceed two hundred
fifty dollars or suspension from driving not to exceed ten days, or both, may
be applied to any driver by the starter for: (1) Delaying the start; (2) Failure to obey the
starter's instructions; (3) Rushing ahead of the inside or
outside wing of the gate; (4) Coming to the starting gate out
of position; (5) Crossing over before reaching the
starting point; (6) Interference with another driver
during the start; (7) Failure to come up into
position. (B) The judges may impose a more
extended penalty, if in their judgement it is warranted.
Last updated July 14, 2025 at 8:12 AM
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Rule 3769-16-27 | Riding in gate, equipment, two tiers.
(A) No persons shall be allowed to ride
in the starting gate except the starter and their driver or operator, unless
permission has been granted by the commission or the judges. (B) The use of mechanical loudspeaker
for any purpose other than to give instructions to drivers is prohibited. The
volume shall be no higher than necessary to carry the voice of the starter to
the drivers. (C) Horses may be held on the backstretch
not to exceed two minutes awaiting post time, except when delayed by an
emergency as determined by the judges. (D) In the event there are two tiers of
horses, the withdrawing of a horse that has drawn or earned a position in the
front tier shall not affect the position of the horses that have drawn or
earned positions in the second tier. (E) Whenever a horse is drawn from any tier, horses on the
outside move in to fill up the vacancy. Where a horse has drawn a post position
in the second tier, the driver of such horse may elect to score out behind any
horse in the first tier so long as he does not thereby interfere with another
trailing horse or deprive another trailing horse of a drawn
position.
Last updated July 14, 2025 at 8:12 AM
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Rule 3769-16-28 | Starting without gate.
(A) When horses are started without a
gate the starter shall have control of the horses from the formation of the
parade until they give the word "go." The starter shall be located at
the wire or other point of start of the race at which point as nearly as
possible the word "go" shall be given. No driver shall cause
unnecessary delay after the horses are called. After two preliminary warming-up
scores, the starter shall notify the drivers to form in parade. (B) The driver of any horse refusing
or failing to follow the instructions of the starter as to the parade or
scoring ahead of the pole horse may be set down for the heat in which the
offense occurs, or for such other period as the starter shall determine, and
may be fined. Whenever a driver is taken down, the substitute shall be
permitted to score the horse once. A horse delaying the race may be started
regardless of its position or gait and there shall not be a recall because of a
bad actor. If the word "go" is not given, all the horses in the race
shall immediately turn on signal, and jog back to their parade positions for a
fresh start. There shall be no recall after the starting word "go"
has been given.
Last updated July 14, 2025 at 8:12 AM
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Rule 3769-16-29 | Starters, no contest, unmanageable, bad acting horses, post positions by heats.
(A) Starters: the horses are deemed to
have started when the word "go" is given by the starter and all the
horses must go the course except in case of an accident in which it is the
opinion of the judges that it is impossible to go the course. (B) Accident warning lights. Every
extended pari-mutuel track will be equipped with a three-light system of green,
yellow, and red beacon style warning lights and sirens for use in the event of
an accident. From the time the ambulance is on site and ready for immediate
duty as defined in rule 3769-14-12 of the Administrative Code, the judges will
activate the green "all clear" light to signal no known problems on
the racetrack. (1) At any point during
the live racing card, if the judges determine there is a condition on the
racetrack requiring the drivers to proceed with caution, the judges will
activate the yellow "caution" warning light. (2) The following will be
considered grounds for the judges to declare a heat or race a "no
contest" at an extended pari-mutuel meet racetrack: (a) If, in the opinion of the judges, the safety of the drivers
and horses are in jeopardy due to an incident; or (b) If a horse is traveling clockwise; or (c) The judges activate the red light and siren to declare the
race a "no contest" due to safety issues. Upon the activation of the red light and
siren all drivers in a race will immediately cease racing, follow any
instructions of the judges, starter, track announcer, or racing officials to
get off the track as quickly and safely as they can. Drivers refusing to stop
racing may be subject to a monetary penalty or suspension. When the red
"no contest" light is turned off, the judges will activate the green
"all clear" light as a signal for warm-ups and live racing to
resume. (C) Unmanageable horse: if, in the opinion of the judges or
starter, a horse is unmanageable or liable to cause accidents or injury to any
other horse or to any driver, it may be sent to the barn. When this action is
taken, the starter will notify the judges who will in turn notify the public,
and refund all wagers on said horse. (D) Bad acting horse: the starter may place a bad acting horse on
the outside at their discretion. Such action may be taken only where there is
time for the starter to notify the judges who will in turn notify the public
prior to the sale of tickets on that race. If tickets have been sold, the bad
acting horse must be scratched under the provision of paragraph (C) of this
rule. (E) Post positions, heat racing: the horse winning a heat will
take the pole (or inside position) the succeeding heat, unless otherwise
specified in the published conditions, and all others shall take their
positions in the order they were placed the last heat. When two or more horses
shall have made a dead heat, their positions shall be settled by
lot. (F) Shield: the arms of all starting gates will be provided with
a screen or shield in front of the position for each horse, and such arms shall
be perpendicular to the rail. (G) Every licensed starter is required to check their starting
gate for malfunctions before commencing any meeting, and to practice the
procedure to be followed in the event of malfunction. Both the starter and the
driver of the gate must know and practice emergency procedures, and the starter
is responsible for the training of drivers in such procedures.
Last updated July 14, 2025 at 8:12 AM
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Rule 3769-16-30 | Starter's list.
The starter or their assistants shall school such
horses as may be necessary and shall prepare a list of horses not qualified to
start which shall be delivered to the judges and entered on the judge's
list. The judge's list shall be posted in the racing secretary's
office with the list of horses not qualified to start.
Last updated July 14, 2025 at 8:13 AM
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Rule 3769-16-31 | Not permitted to wager on races.
No starter or assistant starter shall either
directly or indirectly wager on any race or engage in any betting transaction;
nor shall they directly or indirectly receive presents, gratuities,
remuneration, tips from any person or persons, or have any interest in any
horse under the penalties provided by this chapter.
Last updated July 14, 2025 at 8:13 AM
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Rule 3769-16-32 | Outrider mandatory.
Each commercial permit holder shall provide at
least one qualified person who shall serve as an outrider positioned on the
track immediately prior to and during the running of all races held at such
track. The general manager of each commercial track must submit to the
commission certification that such person is qualified to serve as an
outrider.
Last updated July 14, 2025 at 8:13 AM
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Rule 3769-16-99 | 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 their 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.
Last updated July 14, 2025 at 8:13 AM
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