This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3769-17-01 | Owners must be licensed and workers' compensation.
Effective:
August 1, 2019
(A) No permit holder shall allow any
horse to start in a race unless the owner, owners, lessee or lessees of same
are licensed or the owner has been issued a reciprocal validation for a current
and properly issued owner's license from another state or other racing
jurisdiction which has reciprocity with the commission. Any owner who drives
his horse in a race must have a driver's license in addition to an
owner's license. (B) In addition to all other rules
applicable to license as promulgated by the commission, an owner and trainer
must provide workers' compensation coverage in accordance with Ohio law,
for all of his or her employees who are connected with racing. Upon request of
the commission, the owner and trainer must provide satisfactory proof of such
workers' compensation coverage.
Last updated March 22, 2023 at 10:01 AM
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Rule 3769-17-09 | Safety helmet and safety vest.
Effective:
December 29, 2022
No individual will be permitted to ride, drive, or be behind a horse on a permit holder's premises unless wearing both a protective safety helmet with the chin strap in place, and an unaltered protective safety vest. Both shall be of a type satisfactory to the commission.
Last updated December 29, 2022 at 8:41 AM
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Rule 3769-17-09.1 | Safety reins.
(A) No person riding on a sulky or jog cart shall race, train or jog a horse on the grounds of a facility under the jurisdiction of the Ohio state racing commission unless the horse is equipped with safety reins. A safety rein is a rein designed and constructed to provide a secure secondary attachment to the bit that is secured to a reinforcement material to prevent failure due to breakage of the rein, or breakage or inadvertent loss of the primary connection to the bit. (B) This rule is enacted to adopt the safety measures encouraged by the association of racing commissioners international. Upon notification from the association of racing commissioners international that standards for the safety reins have been set, the commission shall send notice to the Ohio harness horsemen's association and any other group or persons who request such notice. The notice will indicate that paragraph (A) of rule 3769-17-09.1 of the Administrative Code will be enforced on the one-hundred eightieth day after the date of the notice.
Last updated May 2, 2024 at 1:07 PM
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Rule 3769-17-10 | Attire.
Effective:
October 5, 2006
(A) Drivers must wear distinguishing colors and clean white pants, and shall not be allowed to start in a race or other public performance unless in the opinion of the judges they are properly dressed. (B) Any driver wearing colors who shall appear at a betting window or at a bar or in a restaurant dispensing alcoholic beverages shall be fined and/or suspended. (C) Any person appearing on the track behind a horse entered to race, must wear driving boots approved by the judges.
Last updated March 22, 2023 at 10:02 AM
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Rule 3769-17-13 | Complaints against officials.
Effective:
October 5, 2006
Complaints against an official or officials shall be made to the judges in writing, signed by the .complainants. All such complaints shall be reported by the judges in writing to the commission together with any action taken thereon.
Last updated March 22, 2023 at 10:02 AM
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Rule 3769-17-15 | Horse must finish.
Effective:
September 1, 2021
If for any cause other than being interfered with
or broken equipment, a horse fails to finish after starting in a heat, that
horse shall be ruled out from subsequent heats.
Last updated September 1, 2021 at 8:38 AM
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Rule 3769-17-16 | Improper conduct in race.
Effective:
October 5, 2006
(A) Loud shouting or other improper conduct is forbidden in a race. (B) Drivers shall keep both feet in the stirrups at all times while on the track and during the race, except to pull ear plugs. (C) Drivers shall not use any part of their feet and/or legs to impel a horse whether or not the feet remain in the stirrups. (D) Drivers shall not lean back excessively in the sulky during a race and shall keep the hand holds set in a position to keep control of the horse.
Last updated March 22, 2023 at 10:03 AM
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Rule 3769-17-17 | Use of the whip.
(A) All drivers must keep a line in each hand beginning when the horse is behind the starting gate and continuing through the finish of the race. (B) Whipping shall be restricted to elbow and wrist action only and the whipping arm shall not be raised above the driver's shoulder height. (C) Drivers shall not move their whipping arm in an exaggerated manner and the lines shall remain reasonably taut during the race. (D) Drivers shall not use the whip below the level of the shaft, forward of the race bike's wheels. (E) Drivers shall not place the whip between the horse's legs. (F) Drivers shall not strike another horse or driver with the whip. (G) Drivers shall not use the handle of a whip on a horse. (H) Drivers are permitted to use their hand or the whip in a sliding or gliding manner above the level of the shaft. (I) Drivers shall not use the whip on a tired horse, on a horse that is not visibly responding, or when a horse is not in contention in a race. (J) Drivers shall not use the whip without giving the horse time to respond to a previous application of the whip. (K) Whips shall be no longer than forty-eight inches with the cracker no longer than six inches in length. Only a conventional cracker shall be permitted. No leather or unusual materials may be used. The conventional cracker shall not be knotted and tape is only permitted on the handle of the whip. All other modifications of the whip are prohibited. (L) Excessive, indiscriminate, visibly injurious, or abusive use of the whip is prohibited. (M) In addition to the penalties provided in rule 3769-17-99 of the Administrative Code, the violation of any of the provisions in this rule may result in loss of placement or disqualification.
Last updated March 22, 2023 at 10:03 AM
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Rule 3769-17-19 | Hopples; head pole, restrictions.
Effective:
September 2, 2024
(A) The use of hopples from race to race
is in the sole discretion of the trainer, and does not precipitate qualifying
the horse. (B) No horse will wear hopples in a race
unless it starts in the same in the first heat, and having so started will
continue to wear them to the finish of the race. (C) Any person found guilty of removing,
adding, or altering a horse's hopples during a race, or between heat
races, may be fined and/or suspended. (D) No horse will be permitted to wear a
head pole protruding beyond its nose.
Last updated September 3, 2024 at 9:19 AM
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Rule 3769-17-20 | Breaking.
Effective:
September 1, 2021
(A) When any horse breaks from their
gait, the driver shall at once, where clearance exists, take the horse to the
outside and pull it to its gait. The driver may take the horse inside the
pylons if clearance to the outside does not exist. (1) The following shall
be considered violations of paragraph (A) of this rule: (a) Failure to properly attempt to pull horse to its
gait; (b) Failure to take to the outside where clearance exists or
inside if clearance to the outside does not exist; (c) Failure to continuously lose ground by the
break. (2) If there has been no
failure on the part of the driver in complying with paragraph (A) of this rule,
the horse shall not be set back unless a contending horse on his gait is lapped
on the hind quarter of the breaking horse at the finish. The judges may or may
not set back a horse who is off stride at the finish, if in their discretion,
the horse was off stride due to interference. (3) The judges may set
any horse back one or more places if in their judgement any of the above
violations have been committed. (4) Any horse making a
break in two successive starts on a good or fast track, excluding winning
performances, shall be placed on the judges' list. (B) Any horse making a break which causes
interference to other contesting horses, may be placed behind any or all
offended horses.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-22 | Official winning race records.
Effective:
October 5, 2006
The leading horse shall be timed and his time only shall be announced. The horse finishing behind a horse disqualified by the judges may obtain a win race record if the horse's actual race time can be determined by photo finish or electronic timing.
Last updated March 22, 2023 at 10:04 AM
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Rule 3769-17-27 | Provide wheel disk, mud fenders.
Effective:
September 1, 2021
It shall be the responsibility of the owner,
trainer, or driver to provide every sulky used in a race with unicolored or
colorless wheel discs on the inside and outside of the wheel of a type approved
by the commission. The drivers may use mud guards at any time. The judges may
order the use of mud guards at parimutuel tracks, which shall be provided by
the owners, trainers, or drivers.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-28 | Horse falls on track.
Effective:
October 5, 2006
Should any horse in a race fall or get loose on the track or be involved in an accident of any kind after starting to warm-up, that horse shall only be permitted to start after examination and approval by the track veterinarian. Should any horse fall or get loose during the post parade or during the time elapsed before the word "go" is given, that horse shall only be permitted to start after examination by the track veterinarian and approval by the judges. If the horse is scratched, all wagers on that horse will be refunded.
Last updated February 14, 2022 at 9:20 AM
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Rule 3769-17-29 | Disorderly conduct.
Effective:
October 5, 2006
(A) The following shall constitute disorderly conduct and be reason for any penalty of a driver or trainer as provided by these rules: (1) Failure to obey the judges' orders that are expressly authorized by the rules of this commission; (2) Failure to drive when programmed unless excused by the judges; (3) Drivers shall not use intoxicants or drugs of any type during the racing day and shall be disciplined if they fail to report sober and in fit condition to fulfill their engagements. Drivers may be granted permission by the judges to use drugs prescribed by a physician; (4) Appearing in the paddock in an unfit condition to drive; (5) Fighting; (6) Assaults; (7) Offensive and profane language; (8) Smoking on the track in silks during actual racing hours; (9) Warming-up a horse prior to racing without silks; (10) Disturbing the peace; (11) Refusal to take a breath test when directed by the presiding judge; (12) Extended conversations between drivers before, during, or after a race, or while warming up, unless there is an emergency. (B) The following shall constitute disorderly conduct and be reason for any penalty of any licensee as provided by theses rules: (1) Failure to obey the judges' orders that are expressly authorized by the rules of this commission; (2) Fighting; (3) Assaults; (4) Offensive and profane language; (5) Disturbing the peace; (6) Refusal to take a breath test when directed by the presiding judge; (7) Having a horse on the track during racing hours with no saddle pad or an incorrect saddle pad.
Last updated March 22, 2023 at 10:04 AM
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Rule 3769-17-32 | Reciprocity.
Effective:
September 1, 2021
(A) If a person or horse is
suspended, expelled, ruled off, or if his/her license is revoked, application
for a license has been denied, or is under any other current penalty pursuant
to the rules of the racing authority of any other state or country, such person
or horse shall stand suspended, expelled, ruled off or denied a license at all
tracks operating under permit from the commission until the ruling be withdrawn
by the originating authority. (B) All owners of harness horses who
hold current and valid harness horse licenses in any other state or racing
jurisdiction which has full reciprocity with the commission may be eligible for
an owner's reciprocal validation license. (C) The commission may license
persons holding valid permanent (not temporary) licenses issued by association
of racing commissioners international member racing jurisdictions in North
America. The licensee must be in good standing; have cleared a federal bureau
of investigation or equivalent criminal investigatory organization fingerprint
check within the previous thirty-six months; file an application and/or
affidavit as required by the commission, and pay the applicable fees required
prior to racing.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-33 | Horse also suspended.
Effective:
September 1, 2021
(A) If a person is suspended, ruled
off or expelled, every horse owned wholly or in part or trained by that
licensee may also be suspended, ruled off or expelled, for the same period of
time as the owner or trainer. (B) Under unusual circumstances
and/or for justifiable reasons the judges and/or the commission may shorten the
suspension time for a horse.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-34 | Return money, prizes.
Effective:
September 1, 2021
If any person or persons is suspended, ruled off or
expelled for fraudulent practice in relation to a horse or horses, wholly or in
part their property, they shall return all money and prizes which such horse or
horses has fraudulently won within ten days of the ruling date.
Last updated September 1, 2021 at 8:40 AM
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Rule 3769-17-36 | Payment of fines.
Effective:
December 25, 2022
All fines imposed by the judges and the starter
shall be paid to the judges. Any person failing to pay a fine within ten days
may be suspended and may be ruled off and/or their license may be revoked by
the commission unless an appeal has been filed with the commission and is
pending. When the appeal is terminated and the person is to pay a fine, the
fine must be paid within ten days to the judges. If the fine is not paid within
ten days, the person is automatically suspended and may be referred to the
commission for further action.
Last updated December 28, 2022 at 8:51 AM
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Rule 3769-17-37 | Must pay own fine.
Effective:
August 1, 2019
No person shall pay the fine of another. The judges shall remit all
money received in fines to the commission. The commission may from time to time
make disbursements for any worthy purpose pertinent to racing.
Last updated March 22, 2023 at 10:05 AM
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Rule 3769-17-38 | Fraudulent practices.
Effective:
September 1, 2021
(A) No person shall: (1) Corruptly give or offer money,
share in a bet or other benefit to any person having official duties in
relation to a race or to any driver; (2) Having official duties in
relation to a race or any driver, corruptly accept or offer to accept money,
share in a bet or any benefit; (3) Willfully enter or cause to be
entered or to start in any race a horse which they know to be
disqualified; (4) Fraudulently offer or receive any
amount of money for scratching a horse out of a race; (5) Without making it known to the
officials, be a part owner or act as a trainer of any horse in which a driver
possesses any interest; (6) Make any bet with or on behalf of
any driver, unless on a horse such driver is driving; (7) Offer or give, except through his
employer of the owner or trainer of the horse driven, a driver any present,
money or other reward in connection with his driving in any race; (8) Accept a ticket or make a bet on
any horse other than the one he drives. (B) If any person be guilty of any
corrupt or fraudulent practices, in this or any other country, then such person
or persons so offending shall be suspended and referred to the
commission. (C) No driver may accept payment of
any kind, directly or indirectly, from any person other than the owner and/or
the trainer of the horse such driver drives in a race. (D) . If any person shall be
approached with any offer or promise of a bribe, or a wager or with a request
or suggestion for a bribe, or for any improper, corrupt or fraudulent act in
relation to racing, or that any race shall be conducted otherwise than fairly
and honestly, it shall be the duty of such person to report the details thereof
immediately to the presiding judge. Persons failing to report such information
to the judges shall be suspended and referred to the commission.
Last updated September 1, 2021 at 8:40 AM
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Rule 3769-17-41 | Appeal to commission.
Any licensee fined, suspended, expelled or any other penalty imposed
by any judge's ruling may appeal to the commission for a review of the
decision. Such appeals shall be made in writing and must be filed with the
presiding judge within forty-eight hours after notification of the ruling. Such
forty-eight-hour period shall not include any day the judges are not in
attendance at their office. The chairman of the commission may appoint a
hearing officer to hear such appeals.
Last updated March 22, 2023 at 10:06 AM
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Rule 3769-17-42 | Checks.
Effective:
August 1, 2019
(A) In the event any person, firm,
corporation, etc., issues a check to the commission in payment of a license fee
or for any other obligation and the check is returned for any reason, whoever
issued said check shall be fined a minimum of fifty dollars and shall not be
eligible to participate in racing until said check and fine have been paid in
full. (B) In the event any person, firm,
corporation, etc., issues a check to a permit holder for an entry fee or any
other racing-related matter and the check is returned for any reason, whoever
issued said check shall be fined a minimum of fifty dollars and shall not be
eligible to participate in racing until said check and fine have been paid in
full.
Last updated March 22, 2023 at 10:06 AM
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Rule 3769-17-43 | Disqualification, purse redistribution.
Effective:
September 1, 2021
(A) In the event any violation of the
rules should be determined after a race has been completed and the purse has
been distributed, the following shall apply: (1) If such violation would
disqualify a horse or horses, the owner or owners of said horse or horses shall
forfeit the purse and any trophy or awards within ten days of the ruling date
and the remaining horses placed accordingly; (2) The purse shall be redistributed
according to the final placings; (3) In event the purse has been paid
and the owners or owners have not forfeited the purse and any trophy or awards
within ten days from notifiication of the ruling, the owner or owners and the
disqualified horse or horses shall stand suspended until all money, trophies,
and/or awards have been returned to the permit holder who shall assume the
responsibility of redistributing the purse; (4) If there are not enough
non-offending horses, the remaining part of the purse shall go to the declared
winner. (B) In the event a purse is paid in
error or is ordered redistributed due to an order of the commission, the
owner(s) refusing to return the purse(s) within ten days from being notified of
the error or order of the commission and the horse(s) involved shall stand
suspended until all purse monies, trophies, and/or awards have been returned to
the permit holder who shall assume the responsibility for redistributing the
purse. (C) Nothing herein shall be construed
to require the permit holder to pay the purses or distribute the trophies
and/or awards until they have been returned. (D) Nothing herein shall be construed
to prevent the commission, in its discretion, from continuing any suspension,
fine or other penalty made pursuant to this rule as the commission may
determine. (E) In the event any violation of the
rules should be determined after a race has been completed and the purse has
not been distributed, and an appeal has been filed staying the decision of the
judges, the judges shall notify the permit holder who shall distribute the
portions of the purse money which were not affected by the decision or the
appeal thereof.
Last updated September 1, 2021 at 8:40 AM
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Rule 3769-17-99 | Penalties commission may impose.
Effective:
September 1, 2021
(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. (B) Any fine or suspension may be appelaed to the
commission. Such appeal shall stay the fine or suspension until further action
by the commission. (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
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.
Last updated September 1, 2021 at 8:40 AM
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