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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3769-5 | Racing Eligibility

 
 
 
Rule
Rule 3769-5-01 | Racing secretary.
 

The racing secretary shall prepare the books of conditions for the races to be run during the meeting and they and/or their 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966
Rule 3769-5-02 | Clerk of course.
 

The racing secretary or their 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-03 | Handicapper.
 

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

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 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 their office and in their discretion may receive moneys due other associations as fees or forfeits, forwarding them promptly to the association to which same is due.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966, 1/1/1985
Rule 3769-5-05 | Information on undesirables.
 

The racing secretary shall, in the interest of racing, keep themself 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-07 | Official program.
 

The racing secretary shall compile an official program for the day's racing ensuring the accuracy of the following information:

(A) The program shall list the sequence of races to be run and post-time for the first race;

(B) Purse conditions and distance for each race and current track record for such distance;

(C) The name of licensed owners of each horse, indicated as leased, if applicable, and description of racing colors to be carried;

(D) The name of the trainer and the name of the jockey named for each horse and the weight to be carried;

(E) The post position and saddle cloth number or designation for each horse if there is a variance with the saddle cloth designation;

(F) Identification of each horse by name, color , sex, age, sire and dam;

(G) The majority owner of the horse;

(H) A notice shall be included in the daily program that all jockeys will carry approximately three pounds more than the published weight to account for safety equipment (vest and helmet) that is not included in required weighing out procedures. Jockeys may weigh in with an additional three pounds for inclement weather gear when approved by the stewards;

(I) Any such other information as may be requested by the commission.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966, 1/1/1985
Rule 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 racetrack and submitted to the commission for final approval. Whichever system is used (date system or star system) shall be clearly defined in the track rules and shall be based solely on exclusions at that particular track.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985, 4/3/1986
Rule 3769-5-17 | Full name of all owners.
 

(A) Every entry must be made in writing by an owner, their trainer, assistant trainer, authorized agent, or by a jockey agent. All entries must contain the name of the owner, registered stable or lessee of the horse; the name of the 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.

(B) The full name of every person having ownership in a horse, or any interest in its winnings along with the respective proportions, must be recorded with the racing secretary before it starts at any meeting.

(C) An authorized agent or jockey agent have to be eligible to be licensed at the time the entry is received by the race office.

(D) The Owner and Trainer have to obtain a license before the horse races and need to give that license number to the race office.

(E) 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. Under this rule, "in writing" includes electronic methods approved by the commission which generates a printed copy of such writing.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966, 2/1/2011, 6/15/2019
Rule 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 they 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 their real name.

(C) A person cannot register more than one stable name at the same time, nor can they use their real name so long as they have 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 their real name after they have 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 a trainer other than in their 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 5/1/1979, 1/1/1985, 8/1/1991
Rule 3769-5-20 | Emergency authority.
 

In case of emergency, authority to sign statements of partnerships may be given to the racing secretary by fax or e-mail.

Last updated November 19, 2025 at 8:25 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 10/3/2030
Prior Effective Dates: 1/1/1985
Rule 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 nominations 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 their name to be shown on the declaration form nor the official program as trainer of a horse which they do not in fact have under their care, custody, control, 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, blacksmith, and/or other professional to treat horses in their stable.

(3) The individual conducts a business relationship with an owner regarding the racing schedules of the owner's 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 accompanies horses under their care, custody, and control 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-22 | No entry fee.
 

.

(A) At the time of entry into a claiming race, the owner may opt to declare a horse ineligible to be claimed provided:

(1) The horse has not started for a minimum of 180 days since its last race; and

(2) The horse's last race as an official starter was in a claiming race in which the horse was eligible to be claimed; and

(3) The horse is entered for a claiming price equal to or greater than the price at which it last started.

(B) Failure to declare the horse ineligible at the time of entry may not be remedied and the ineligibility to be claimed will only apply to the first start following the qualifying layoff.

(C) Unless the conditions of the race 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

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966
Rule 3769-5-23 | Proof of ownership.
 

The stewards may call upon any person making entry to prove the extent of their 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, the stewards may declare the horse out of the race.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-26 | List jockey.
 

(A) Every owner, trainer, authorized agent, or jockey agent shall, if possible, upon making entry furnish the name of the jockey who will ride their 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, trainer, authorized agent, or jockey agent shall report the equipment or change of equipment their 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 their entered horse by the time designated by the stewards, the stewards shall select and name a competent jockey to ride that horse.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 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, digitally tattooed, or any other identification method approved by the appropriate breed registry and the commission for comparison with the horse's registration certificate needed to verify the horse's identity.

(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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 12/4/2009, 8/12/2019
Rule 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.

Last updated November 19, 2025 at 8:26 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 10/3/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-29 | Proof of identity.
 

No horse may start in any race unless it is fully identified. The 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966
Rule 3769-5-30 | Publish performance.
 

(A) Every commission licensee exercising a horse shall, upon request of an official timer, correctly identify the horse they are 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 they are 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, and be approved to start by the starter..

(D) Any horse which has not raced for a period of sixty days must have at least one published workout within the past thirty days prior to the scheduled race date before starting in a race. Any horse which has not raced for a period of ninety days must have at least two published workouts with a minimum of one of those published workouts taking place within the past thirty days prior to the scheduled race date before starting in a race.

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

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966, 1/1/1985, 7/2/2009
Rule 3769-5-34 | Veterinarian's, steward's, or starter's list.
 

(A) No horse on the starter's list, steward's list, or 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) A horse on the veterinarian's list that is required to successfully meet work requirements established by the veterinarian that placed the horse on the veterinarian's list will submit to a post work blood sample collection for laboratory confirmation of compliance with the commission racing medication rules in order to be released from the veterinarian's list. The owner of the horse is responsible for the cost of the blood test.

Horses that are entered while waiting on the blood test results are not considered to be betting interests for the purposes of the racing secretary's determination.

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

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

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 10/4/1992
Rule 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 four hours prior to post time of the race in which the horse is scheduled to participate. The stewards may determine a reasonable grace period in case of unavoidable delay.

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

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 8/1/1991, 7/2/1992
Rule 3769-5-36 | Closing of stake races.
 

In stake races, when an hour for closing is designated, no nominations and/or declarations will be accepted after that time. If no hour is designated, they may be received until midnight of the day of closing. When nominations or declarations are mailed, the time and date of the postmark will determine their validity. Nominations and declarations may be made by e-mail, fax, regular mail, or telephone. If the entry is by telephone, the entry must be confirmed promptly in writing.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966
Rule 3769-5-37 | Late nominations.
 

In the event of the late delivery, 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966, 1/1/1985
Rule 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 their subscriptions to any person or persons.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966
Rule 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 or purchased at public auction, no sale of a horse by private agreement will be recognized if such sale is not evidenced by a bill of sale notarized by the seller.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-42 | Notice in writing.
 

No horse shall be considered scratched or declared out of an engagement until the owner, trainer, 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.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/1985
Rule 3769-5-51 | Weight.
 

(A) Except in handicaps, fillies two years old shall be allowed three pounds, and fillies and mares three years old and upward shall be allowed five pounds before September first, and three pounds thereafter in races where competing against horses of the opposite sex.

(B) With the exception of apprentice allowances, handicap races, and the allowances provided in paragraph (A) of this rule, three-year-old horses entered to run in races against horses four-years-old and upwards, no jockey shall be assigned a weight of less than one hundred eighteen pounds. For three-year-old horses entered to run in races against horses four-years-old and upwards from January first through August thirty-first, no jockey shall be assigned a weight of less than one hundred sixteen pounds.

(C) For quarter horses, minimum scale weights shall be one hundred twenty-four pounds for two-year-olds, one hundred twenty-six pounds for three-year-olds, and one hundred twenty-eight pounds for four-year-olds and older.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 5/14/2021
Rule 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.

(B) For horses that have raced in both quarter horse and thoroughbred races, the cumulative totals of both categories are considered when determining eligibility to enter and race.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 1/1/2005
Rule 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 is decided.

Last updated December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 3/15/1966
Rule 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 paragraph (C) of rule 3769-2-24 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 fifteenth 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 categories listed in this rule 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 fifteenth 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.

Last updated November 19, 2025 at 8:29 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.083
Five Year Review Date: 10/3/2030
Prior Effective Dates: 2/14/1967, 3/16/1970, 11/15/1976, 3/5/2009
Rule 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.

Last updated November 19, 2025 at 8:29 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 10/3/2030
Prior Effective Dates: 4/1/1971, 1/1/1985
Rule 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.

Last updated November 19, 2025 at 8:29 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 10/3/2030
Prior Effective Dates: 3/14/1968
Rule 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.

Last updated November 19, 2025 at 8:29 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 10/3/2030
Prior Effective Dates: 3/14/1968, 1/1/1985
Rule 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 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 December 22, 2025 at 1:47 AM

Supplemental Information

Authorized By: 3769.03
Amplifies: 3769.03
Five Year Review Date: 12/22/2030
Prior Effective Dates: 5/1/1985