RELATES TO:
KRS
230.215,
230.260,
230.290,
230.310,
230.320,
Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY: KRS 23.0215(2) authorizes
the Kentucky Horse Racing Commission to promulgate administrative regulations
prescribing conditions under which horse racing shall be conducted in Kentucky.
KRS
230.310 requires any person who desires to
participate in racing in Kentucky to apply to the commission for a license. The
function of this administrative regulation is to outline the requirements for
trainers to participate in horse racing in Kentucky.
Section 1. Trainer's License Required. A
horse shall not be raced in this state unless the trainer has been granted a
current trainer's license by the commission.
Section 2. Trainer's License Limitations.
(1) A holder of a trainer's license shall:
(a) Be a person eighteen (18) years of age or
older;
(b) Be qualified by
experience or competence to care for and train race horses as determined by a
standard examination prescribed and given at any time by the stewards;
and
(c) Have in his or her charge a
horse eligible to race.
(2) A trainer shall not be licensed to train
under an assumed or stable name.
(3) A trainer shall not engage in an activity
directly or indirectly involving the racing performance of horses on
association grounds other than those registered as being in his or her
charge.
(4) A licensed trainer
shall not also be currently licensed to participate in racing in this state as
a jockey, apprentice jockey, jockey's agent, veterinarian, assistant
veterinarian, dental technician, farrier, apprentice farrier, or as an
association racing department employee, except as established in
810 KAR
4:070.
(5)
The commission may deny, suspend, or revoke the trainer's license of the
spouse, or any member of the immediate family or household, or a licensee
ineligible to hold a trainer's license, unless there is a showing on the part
of the applicant or licensed trainer, and the commission so finds, that his or
her participation in racing as a trainer shall not circumvent the intent of
this administrative regulation by permitting a person, under the control or
direction of a licensee ineligible to hold a trainer's license, to serve in
essence as a substitute for the ineligible person.
Section 3. Duties and Responsibilities.
(1) In the absence of substantial evidence to
the contrary, a licensed trainer shall bear primary responsibility for the
proper care, health, training condition, safety, and protection against the
administration of prohibited drugs or medication of horses in his or her
charge.
(2) A licensed trainer:
(a) Shall register with the racing
association security all persons in his or her employ and insure that those
persons are duly licensed within twenty-four (24) hours after the employees
arrive on association grounds or are employed. Upon discharge of an employee, a
trainer shall promptly notify track security and the commission license
administrator;
(b) Shall carry
workers' compensation insurance covering his or her employees in connection
with racing as required by KRS Chapter 342;
(c) Shall register with the racing secretary
all horses in his or her charge. A licensed trainer shall not take or keep in
his or her charge a horse owned wholly or in part, or controlled by, a person
unlicensed as an owner. A licensed trainer shall not assume responsibility for
a horse not under his or her active care and supervision, except as established
by subsection (4) of this section;
(d) In the absence of substantial evidence to
the contrary, shall bear primary responsibility for horses he or she enters as
to eligibility; weight allowance claimed; physical fitness to perform
creditably at the distance entered; absence of prohibited drugs or medications;
proper shoes, bandages, and equipment; and timely arrival in the saddling
paddock. A licensed trainer shall bear joint responsibility with the licensed
owner for horses he or she enters as to stakes payments and jockey fees
due;
(e) Shall furnish the name of
the jockey engaged to ride each horse entered at the time of entry. If no rider
has been named at the time of entry or the rider named is unavailable, then the
stewards shall name a rider;
(f)
Shall personally attend his or horses in the paddock and supervise the saddling
thereof, unless excused by the stewards. If a licensed trainer is to be absent
from association grounds where his or her horses are stabled, he or she shall
provide a substitute to attend the saddling of horses already entered. The
substitute shall:
1. Be his or her assistant
trainer or another licensed trainer;
2. Be approved by the stewards; and
3. Assume complete responsibility for horses
to be entered;
(g) May
attend the taking of urine, blood, or other biological sample approved by the
commission from a horse in his or her charge by the commission veterinarian, or
may delegate one (1) of his or her licensed employees to do so;
(h) Shall maintain the stable area assigned
in a clean, neat, and sanitary condition at all times, and ensure that
fire-prevention laws established by the racing association are strictly
observed; and.
(i) Shall promptly
report to the commission veterinarian or stewards any sickness or death of any
horse in his or her charge.
Section 4. Ownership Restrictions. A licensed
trainer shall not have any interest, by ownership or lease in the racing or
breeding qualities, in a horse of which he or she is not the trainer at any
race meeting at which the trainer is in charge of a racing stable.
Section 5. Suspension. A horse in the charge
of a trainer whose license has been revoked or suspended shall not be permitted
to race during such suspension. Upon application by the owners of the suspended
horse, the stewards may approve the transfer of the horse to the care of
another licensed trainer and, upon the approved transfer, the horse may be
entered to race.
Section 6.
Assistant Trainer.
(1) A licensed trainer may
employ an assistant trainer.
(2) An
assistant trainer shall be:
(a) Licensed
before acting in on behalf of his or her employer; and
(b) Qualified by experience or competence to
care for race horses as determined by a standard examination prescribed and
given at any time by the stewards.
(3) A licensed assistant trainer shall assume
the same duties and responsibilities as a licensed trainer.
(4) A licensed trainer shall be jointly
liable and responsible with his or her licensed assistant trainer for all acts
and omissions of the assistant trainer in a racing matter.