Ariz. Admin. Code § R19-2-125 - Arizona Stallion Awards

A. Definitions

1. "Arizona stallion" means an uncastrated, adult male horse that stands the entire breeding season in Arizona.

2. "Breeding year" means the period beginning January 1 and ending July 31.

3. "Fiscal year" means the period beginning July 1 and ending June 30.

4. "Owner" means the person who possesses the stallion at the time of the person's certification application for the fiscal year, according to the records of the Department.

B. Owner and lessee eligibility. For an owner or the lessee of an Arizona stallion to be eligible for an award of funds for a fiscal year:

1. The owner or lessee shall:

a. Apply for stallion certification by the due date set by the breeders association for complying with the requirement in subsection (D);

b. Submit the breeder report required in subsection (E); and,

c. Comply with subsection (F) if applicable.

2. In the event of death or the retirement of a stallion, the owner or lessee remains eligible for awards if the requirements in subsection (D) are followed.

3. The stallion shall be certified at the time its eligible Arizona-bred offspring earn purse money in races listed in subsection (H).

C. Qualifications for Arizona stallion certification. To qualify for Arizona stallion certification for the fiscal year, an owner or lessee shall:

1. Permanently domicile the stallion in Arizona from January 1 through July 31. During this time, the owner or lessee may move the stallion outside of Arizona for racing or for medical treatment;

2. Register the stallion with the Arizona breed registry that corresponds to the stallion's national breed registry; and

3. Notify the appropriate Arizona breed registry within 10 days of the stallion entering or leaving Arizona during the breeding year.

D. Application procedure for stallion certification

1. By the due date set by the appropriate Arizona breeders association, and approved by the Commission in accordance with subsection (D)(2)(b), an owner or lessee may apply for Arizona stallion certification for the fiscal year. The owner or lessee shall:

a. File an official application form with the Arizona breeders' association for each stallion owned or leased; and

b. Pay a certification fee for each stallion when the application form is filed.

2. The Arizona breeders association shall:

a. Forward a legible copy of the completed application to the Department;

b. Set an application due date and reasonable certification fee, if these actions are authorized by the Commission in a contract permitted under A.R.S. § 5-114(D).

3. The Commission shall review and approve or reject each contract for stallion certification.

E. Breeding report

1. A quarter horse stallion owner or lessee shall submit a legible copy of the annual "Stallion Breeding Report" to the breeders association monitoring quarter horse stallions by November 30 of the current breeding year.

2. Except as provided in subsection (F), a thoroughbred stallion owner or lessee shall submit a legible copy of the annual "Report of Mares Bred" to the breeders association monitoring thoroughbred stallions by August 1 of the current breeding year.

F. Thoroughbred stallion bred to quarter horse mares

1. If a thoroughbred stallion is being bred to quarter horse mares, an owner or lessee shall send the application, fees, and breeding report required in subsections (D) and (E)(1) to the breeders association monitoring quarter horse stallions.

2. If a thoroughbred stallion is being bred to thoroughbred and quarter horse mares, an owner or lessee shall send the application, fees, and breeding reports required in subsections (D) and (E) to both of the Arizona breeders associations.

G. Disqualification and Reinstatement

1. If a stallion owner or lessee fails to comply with applicable requirements in subsections (B), (C), (D), (E), and (F) the Department shall disqualify the owner or lessee from receiving an award of fund monies during the affected fiscal year.

2. To reinstate eligibility for subsequent years, the owner or lessee shall pay the certification fee prescribed in subsection (D)(1)(b) and comply with applicable requirements in subsections (B), (C), (D), (E), and (F).

H. Award races. Except for maiden claiming and maiden allowance races at Arizona racetracks, the following are eligible races:

1. Quarter horses:

a. All races with a purse value of $10,000 or more;

b. All allowance races;

c. At the Turf Paradise meet, all claiming races with a claiming price of $3,500 or more; and

d. At other Arizona racetracks, all claiming races with a claiming price of $2,500 or more.

2. Thoroughbreds:

a. The Prescott Futurity, the Prescott Derby, and all races with a purse value of $15,000 or more;

b. The Inaugural, the Mile High, and all allowance races;

c. At the Turf Paradise meet, all claiming races with a claiming price of $6,000 or more; and

d. At other Arizona racetracks, all claiming races with a claiming price of $3,500 or more.

I. Fund distribution procedures

1. The Arizona breeders associations shall submit to the Department, at least annually, a written report that contains the following information:

a. The names of certified Arizona stallions for the fiscal year;

b. The names of certified Arizona-bred offspring of the Arizona stallions. Arizona-bred horses may be certified by following the procedures prescribed in R19-2-116(A) and (B) ;

c. The first, second, and third place finishes of each certified Arizona-bred horse, sired by a certified Arizona stallion, in each eligible race; and,

d. The earnings in each race of each Arizona-bred horse sired by a certified Arizona stallion.

2. The Department shall:

a. Hold 10% of the monies accumulated prior to the 1996-97 fiscal year for contingent liabilities;

b. Calculate a payment factor at the end of each fiscal year by dividing the total monies available, under subsections (I)(2)(d), (e), (f), or (g), by the total dollar value of purses, not to exceed $30,000 per horse per race, won in eligible races during the fiscal year;

c. Multiply the payment factor by the total purse amount won in eligible races during the fiscal year;

d. Distribute to eligible owners or lessees 40% of the amount accumulated in the fund prior to the 1996-97 fiscal year and the amount earned by the fund during the 1996-97 fiscal year;

e. Distribute to eligible owners or lessees 25% of the amount accumulated in the fund prior to the 1996-97 fiscal year and the amount earned by the fund during the 1997-98 fiscal year;

f. Distribute to eligible owners or lessees 25% of the amount accumulated in the fund prior to the 1996-97 fiscal year and the amount earned by the fund during the 1998-99 fiscal year; and,

g. Distribute to eligible owners or lessees the amount earned by the fund during the fiscal year for the years after the 1998-99 fiscal year.

3. The owner or lessee shall designate, on a form provided by the Department, the single payee to whom Arizona stallion award checks shall be issued when there is more than one owner of a stallion.

J. Appeal of Director's rulings

1. The Director shall make the final decision concerning a stallion award.

2. The Department shall give written notice of the decision to an applicant by mailing it to the address of record filed with the Department.

3. After service of the Director's decision, an aggrieved party may obtain a hearing under A.R.S. §§ 1092.03 through 41-1092.11.

4. The aggrieved party shall file a notice of appeal with the Department within 30 days after receiving the notice prescribed in R19-2-125(J)(2).

5. The Department shall notify the Office of Administrative Hearings, which shall schedule and conduct the hearing.

Notes

Ariz. Admin. Code § R19-2-125

Adopted effective November 7, 1996 (Supp. 96-4).