810 KAR 5:070 - Running of the race
RELATES TO: KRS Chapter 13B, 230.215, 230.260(1), 230.280, 230.290(2), (3), 230.300, 230.310, 230.320
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the Kentucky Horse Racing and Gaming Corporation to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. KRS 230.320(1) authorizes the corporation to promulgate administrative regulations setting out the conditions under which licenses may be denied, revoked, or suspended. KRS 230.361(1) requires the corporation to promulgate regulations concerning the pari-mutuel wagering system. This administrative regulation establishes track rules and requirements concerning proper racing conduct, the starting and timing of races, placing, money distribution, post time and postponements, and protests.
Section 1. Driving
Violations. A leading horse shall be entitled to any part of the track. After
selecting a position in the home stretch, a driver of a horse shall not:
(1) Change either to the right or left during
any part of the race if another horse is so near the driver that in altering
positions, the driver:
(a) Compels the horse
behind to shorten strides; or
(b)
Causes the driver of any other horse to pull the horse out of his
stride;
(2) Jostle,
strike, hook wheels, or interfere with another horse or driver;
(3) Cross sharply in front of a horse or
cross over in front of a field of horses in a reckless manner, endangering
other drivers;
(4) Swerve in and
out or pull up quickly;
(5) Crowd a
horse or driver by "putting a wheel under him";
(6) "Carry a horse out" or "sit down in front
of him", take up abruptly in front of other horses so as to cause confusion or
interference among the trailing horses, or do any other act that constitutes
"helping";
(7) Allow a horse to
pass inside needlessly or otherwise help another horse to improve its position
in the race;
(8) Lay off a normal
pace and leave a hole if it is well within the horse's capacity to keep the
hole closed;
(9) Commit an act that
impedes the progress of another horse or causes the horse to "break";
(10) Change course after selecting a position
in the home stretch and swerve in or out, or bear in or out, in a manner that
interferes with another horse or causes the horse to change course or take
back;
(11) Drive in a careless or
reckless manner or fail to maintain reasonable control of the horse at all
times during the race;
(12) Whip
under the arch of the sulky;
(13)
Cross the inside limits of the course;
(14) Fail to set or maintain a pace
comparable to the class being raced, including traveling an excessively slow
quarter or any other distance that changes the normal pattern, overall timing,
or general outcome of the race; or
(15) Kick a horse. Removal of a foot from the
stirrups in and of itself shall not constitute the act of kicking.
Section 2. Leaving the Course.
(1) A horse or a horse's sulky that leaves
the course by brushing, running over, or going inside of a pylon demarcation
shall have violated this administrative regulation and may be penalized by a
disqualification if in the opinion of the judges:
(a) The action results in the horse gaining
an unfair advantage over other horses in the race;
(b) The action helps the horse improve its
position in the race; or
(c) The
driver goes inside the pylons and does not immediately correct
position.
(2) A horse
using the inside to pass shall have complete clearance of the pylons.
(3) A driver striking pylons but not gaining
an unfair advantage may be cited for a violation of this administrative
regulation unless he was forced to strike the pylons by circumstances beyond
his control.
(4) If an act of
interference causes a horse or part of a horse's sulky to be in violation of
this administrative regulation and the horse is disqualified, the offending
horse shall be placed behind the horse with which it interfered.
Section 3. Penalties.
(1) A horse that violates Section 1 or 2 of
this administrative regulation shall:
(a) Be
placed back one (1) or more positions in the heat or dash behind the horse with
which the horse interfered;
(b) Be
disqualified from receiving any winnings, if a horse is prevented from
finishing as a result of the violation; or
(c) Be placed last among finishing horses, if
a horse which the violating horse interfered with fails to finish the race due
to a separate and unrelated incident.
(2) If a violation established in Section 1
or 2 of this administrative regulation is committed by a person driving a horse
coupled as an entry in the betting, the judges shall set both horses back, if
the judges determine that the violation may have affected the finish of the
race. Otherwise, penalties shall be applied individually to the drivers of any
entry.
Section 4.
Complaints, Reports of Interference.
(1)
Complaints.
(a) A complaint by a driver
relating to driving or other misconduct during a heat shall be made at the
termination of the heat, unless the driver is prevented from doing so by an
accident or injury.
(b) A driver
desiring to enter a claim of foul or other complaint of violation of the rules
shall, before dismounting, indicate to the judges the driver's intention to
enter a claim or complaint, and immediately upon dismounting, the driver shall
proceed to the telephone or judges' stand where the claim, objection, or
complaint shall be immediately entered.
(c) The judges shall not cause the official
sign to be displayed until the claim, objection, or complaint has been entered
and considered.
(2)
Report of interference. A driver shall report to the designated official any
interference to himself or herself or to the driver's horse by another horse or
driver during a race.
Section
5. Unsatisfactory Drive; Fraud.
(1) A heat in a race shall be fairly
contested by each horse in the race, and each horse shall be driven to the
finish.
(2) A horse shall not be
driven:
(a) With design to prevent the horse
from winning a heat or dash which the horse was evidently able to
win;
(b) In an inconsistent manner
with the intent to improperly manipulate the outcome of a race; or
(c) To perpetrate or to aid in a
fraud.
(3) The judges
shall substitute a competent and reliable driver at any time prior to the start
of the heat or race if the judges have reason to doubt the competence or
reliability of the original driver.
Section 6. Removal and Substitution of
Driver. A driver may be removed and another driver substituted after the
positions have been assigned in a race if, in the opinion of the judges, a
driver:
(1) Is unfit or incompetent to
drive;
(2) Refuses to comply with
the directions of the judges; or
(3) Is reckless in his or her conduct and
endangers the safety of horses or other drivers in the race.
Section 7. Failure to Finish. 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 "did not
finish."
Section 8. Disruptive
Conduct.
(1) A driver shall not engage in
disruptive or distracting, improper conduct during a race.
(2) A driver may remove a foot from the
stirrup temporarily for the purpose of pulling earplugs.
Section 9. Whipping.
(1) A driver may have a whip that does not
exceed four (4) feet with a snapper not longer than six (6) inches.
(2) Except for the ordinary whip or crop, a
person shall not use any goading device, chain or mechanical device, or
appliance upon a horse in any race, training exercise, or while on association
grounds.
(3)
(a) A whip or crop shall not be used in a
brutal, excessive, or indiscriminate manner during a race, training exercise,
or while on association grounds.
(b) A driver shall use a whip only in the
conventional manner, by holding the handle and whipping the horse only above
the shafts with wrist and elbow movement only. Full swings or going behind the
head is prohibited.
(c) Welts,
cuts, or whip marks on a horse resulting from whipping shall constitute a prima
facie violation of this section.
(d) A driver shall not:
1. Whip a horse under the arch or shafts of
the sulky;
2. Kick a
horse;
3. Punch a horse;
4. Jab a horse;
5. Use the whip so as to interfere with or
cause disturbance to any other horse or driver in a race;
6. Whip a horse after a race; or
7. Whip a horse that is exhausted or no
longer in contention to win the race.
(4) A driver shall keep a line in each hand
and both hands shall stay in front of the body of the driver from the start of
the race until the finish of the race. The left line shall be held in the left
hand and the right line shall be held in the right hand.
Section 10. Hopples.
(1) A horse shall not wear hopples in a race
unless it has qualified in hopples.
(2) Having so started, the horse shall
continue to wear them to the finish of the race.
(3) A person shall not remove or alter a
horse's hopples during a race, or between races, for the purpose of
fraud.
(4) A horse habitually
wearing hopples shall not start in a race without them unless:
(a) The horse performs satisfactorily in a
qualifying race; or
(b) The
presiding judge excuses the horse from performing in a qualifying
race.
(5) A horse
habitually racing free-legged shall not wear hopples in a race unless:
(a) The horse performs satisfactorily in a
qualifying race; or
(b) The
presiding judge excuses the horse from performing in a qualifying
race.
(6) A horse shall
not wear a head pole protruding beyond its nose.
Section 11. Breaking.
(1) If a horse breaks from its gait in
trotting or pacing, the driver shall at once, if clearance exists, take the
horse to the outside and pull it to its gait.
(2) A driver shall not:
(a) Fail to properly attempt to pull the
horse to its gait;
(b) Fail to take
to the outside or inside if clearance exists;
(c) Fail to lose ground by the break;
or
(d) Fail to prevent extended
break.
(3) If there has
been no failure on the part of the driver in complying with subsection (2) of
this section, the horse shall not be set back unless a contending horse on its
gait is lapped on the hind quarter of the breaking horse at the
finish.
(4) A driver shall not
allow a horse to break for the purpose of fraudulently losing a heat.
(5) If a horse or driver's actions cause
another horse to be off-stride at the wire, the offending horse shall be placed
behind the horse with whom it interfered after all other placements have been
made.
(6) A horse making a break,
which causes interference with other contesting horses, shall be placed behind
all offended horses.
(7) The judges
shall set a horse back one (1) or more places if this section is
violated.
Section 12.
Breaks. One (1) of the judges shall call out every break made, and the clerk
shall at once note the break and its character in writing.
Section 13. Time Between Heats and Races. The
time between separate heats of a single race shall be no less than forty (40)
minutes. A heat shall not be called after sunset if the track is not lighted
for night racing. The time between races shall not exceed thirty (30)
minutes.
Section 14. Accidents.
(1) If any horse in the current program
falls, runs uncontrollably on the track, or is involved in an accident after
starting to warm up, that horse shall be permitted to start only after
examination and approval by the corporation veterinarian.
(2) If an accident occurs, the judges shall
allow adequate time in between posts to clear the track. A driver involved in
an accident shall be cleared by an emergency medical technician or paramedic
before resuming driving engagements.
Section 15. Sulkies.
(1) A driver shall be seated in his sulky at
the finish of the race or the horse shall be placed as not finishing.
(2) The owner and trainer shall provide every
sulky used in a race with uncolored or colorless wheel discs on the inside and
outside of the wheel of a type approved by the corporation. If necessary, the
presiding judge may order the use of mud guards to be provided by the owners or
trainers.
(3) A sulky shall not be
used in a race unless it meets the requirements of the rules and regulations of
the United States Trotting Association, 2018, Rule 18, Section 25, "Sulky
Performance Standards".
Section
16. Helmets. A protective helmet, securely fastened under the chin
and meeting the Snell Memorial Foundation 2000 Standard for Protective Headgear
for Use in Harness Racing, shall be worn at all times on the premises of an
association while:
(1) Racing, parading, or
warming up a horse prior to racing; or
(2) Jogging, training, or exercising a horse
at any time.
Section 17.
Safety Vests. A safety vest shall be worn while racing, parading, or warming up
a horse prior to racing.
Section
18. A licensee shall not:
(1)
Refuse to comply with an order or ruling of a member or employee of the
corporation, a racing official, or judge;
(2) Interfere with the performance of the
duty of a person specified in subsection (1) of this section;
(3) Threaten, strike, or harass an owner,
trainer, driver or attendant of a horse, or an employee of the association or
corporation;
(4) Sexually harass an
owner, trainer, driver or attendant of a horse, or an employee of the
association or corporation; or
(5)
Use force or intimidation against an owner, trainer, driver or attendant of a
horse, or an employee of the association or corporation.
Section 19.
(1) A person or association shall not offer
any money, benefit, or other inducement to any licensee, employee of the
corporation, or officer of a racing association to affect the entries to a
race, the running of a race, or the outcome of a race.
(2) Any action prohibited by subsection (1)
of this section shall be immediately reported to the judges who shall promptly
inform the racing association and the corporation.
Section 20.
(1) An owner, trainer, agent, or driver of a
horse shall not threaten or join with others in threatening not to race, or not
to declare in, because of the entry of a certain horse or a particular stable,
thereby compelling or attempting to compel the racing secretary to reject an
eligible entry.
(2) An action
prohibited by subsection (1) of this section shall be immediately reported to
the corporation.
Section
21. An owner, agent, or driver who has entered a horse shall not
demand of the association a bonus of money or other special award or
consideration as a condition for starting the horse.
Section 22. Wagering.
(1) A driver shall not place a wager, or
cause a wager to be placed on his or her behalf, or accept a ticket or winnings
from a wager on a race, except:
(a) A race on
the horse he is driving; and
(b)
Through the owner or trainer of the horse he is driving.
(2) An owner or trainer who places a wager
for his driver shall:
(a) Maintain a complete
record of the wager; and
(b) Make
the record available for examination by the judges upon request.
Section 23. Duty to
Report Fraudulent Proposal. A person shall immediately report to the presiding
judge the details of an offer, promise, or request for a bribe or wager
intended to affect the outcome of a race.
Section 24. Denerving.
(1) A horse that has had a chemical,
surgical, or thermal neurectomy at or above the fetlock shall not be permitted
to race.
(2) A horse that has had a
palmar or plantar digital neurectomy may be permitted to race if:
(a) The neurectomy has been reported by the
trainer to the stewards; and
(b)
The horse has been approved for racing by the corporation veterinarian prior to
being entered to race.
(3) A horse on which a neurectomy has been
performed shall have that fact designated on its registration certificate,
virtual certificate, racing permit, and entry in the electronic registration
system. Responsibility for ensuring that the neurectomy is correctly noted on
the horse's registration certificate, virtual certificate, racing permit, and
entry in the electronic registration system shall fall:
(a) Jointly on the practicing veterinarian
who performed the operation and the trainer of the denerved horse if the
neurectomy was performed at a location under the corporation's jurisdiction;
and
(b) Solely on the owner of the
denerved horse if the neurectomy was performed at a location not under the
corporation's jurisdiction.
(4) If a horse races in violation of this
section and participates in the purse distribution, a protest shall not be
considered unless submitted in writing to the stewards within forty-eight (48)
hours after the race.
(5) If a
horse races in violation of this section and is claimed, a protest shall not be
considered unless the successful claimant submits a protest in writing within
forty-eight (48) hours requesting that the claim be voided. If the claim is
voided, the horse shall be returned to the owner who started the horse in the
race, and the claim price shall be returned to the claimant.
(6) A list of all denerved horses shall be
made publicly available.
Section
25. Spayed Mares. If a mare has been spayed:
(1) It shall be noted on the:
(a) Registration certificate;
(b) Electronic eligibility certificate;
and
(c) Program when the mare
races; and
(2) The owner
shall:
(a) Notify the United States Trotting
Association that the mare has been spayed; and
(b) Return the mare's papers to the United
States Trotting Association for correction.
Section 26. Starting Gate.
(1) Starter's control. The starter shall have
control of the horses from the formation of the parade until the word, "go", is
given.
(2) Before or during the
parade, the starter shall inform the drivers of the number of scores permitted.
After one (1) or two (2) preliminary warming up scores, the starter shall
notify the drivers to proceed to the starting gate.
(3) A horse shall not be brought to the
starting gate nearer than one eighth (1/8) of a mile before the start, if the
length of the stretch permits.
(4)
On a mile track, a horse shall be brought to the starting gate at the head of
the stretch.
(5) The starting point
shall be a point on the inside rail a distance of at least 200 feet from the
first turn. The starter shall give the word "go" at the starting
point.
(6) When a speed has been
reached in the course of a start there shall not be a decrease except in the
case of a recall.
(7) If a recall
is necessary, a light plainly visible to the driver shall be flashed and a
recall sounded and, if 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. The starter may close the wings of the gate if an emergency
situation arises.
(8) There shall
not be a recall after the word "go" has been given and any horse, regardless of
position or accident, shall be considered a starter from the time the horse
enters into the starter's control, unless dismissed by the starter or judges
pursuant to subsection (10) of this section.
(9) The starter shall endeavor to start all
horses in position and on gait, but a recall shall not be sounded for a
breaking horse.
(10) The starter
may sound a recall only for the following reasons, if the starter believes the
integrity of the race may be jeopardized:
(a)
A horse scores ahead of the gate;
(b) There is interference;
(c) A horse has broken equipment;
(d) A horse falls before the word "go" is
given;
(e) There is a malfunction
of the starting gate;
(f) A horse
comes to the gate out of position; or
(g) A circumstance arises that will not allow
a fair start, as determined by the starter.
(11) A driver shall not:
(a) Delay the start;
(b) Fail to obey the starter's
instructions;
(c) Rush ahead of the
inside or outside wing of the gate;
(d) Come to the starting gate out of
position;
(e) Cross over before
reaching the starting point;
(f)
Interfere with another driver during the start; or
(g) Fail to come up into position.
(12) Unless granted permission by
the presiding judge, a person other than the starter, or the starter's driver
or operator, shall not be allowed to ride in the starting gate.
(13) Use of a mechanical loudspeaker for any
purpose other than to give instructions to drivers shall be prohibited. The
volume shall not be higher than necessary to carry the voice of the starter to
the drivers.
Section 27.
Holding Horses Before Start.
(1) A horse shall
not be held on the backstretch for more than three (3) minutes awaiting post
time, except if delayed by an emergency or by permission of the
judges.
(2) Post time shall be
posted no later than two (2) minutes following a previous race with the
exception of mutuel malfunction.
(3) Horses shall not be held on the track
more than ten (10) minutes unless permission is granted by the Presiding
Judge.
Section 28. Two
(2) Tiers.
(1) If there are two (2) tiers of
horses, the withdrawal 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.
(2)
(a) If
a horse is drawn from any tier, horses on the outside shall fill the
vacancy.
(b) If a horse has drawn a
post position in the second tier, the driver of the horse may elect to score
out behind any horse in the first tier, if the driver does not interfere with
another trailing horse or deprive another trailing horse of a drawn
position.
Section
29. Starters.
(1) A horse shall
be considered to have started when the word, "go", is given by the starter, and
a horse shall be required to complete the course except in case of accident,
broken equipment, or other circumstance which, in the opinion of the judges,
makes it impossible or unsafe to complete the course.
(2) For the purpose of declaring a horse a
nonstarter, the judges shall consider the actual starting point on the track
regardless if there was a start.
Section 30. Unmanageable Horse.
(1) If, in the opinion of the judges or the
starter, a horse is unmanageable or may cause accidents or injury to another
horse or to any driver, it shall be scratched. The starter shall notify the
judges of the scratch, who shall then notify the public.
(2) A horse shall be considered unmanageable
if it causes two (2) recalls in the same dash or heat, in which case it shall
be scratched.
Section
31. Bad Acting Horse. At a meeting where there is no wagering, the
starter may place a bad acting horse on the outside. At a pari-mutuel meeting,
this action may be taken only if there is time for the starter to notify the
judges, who shall in turn notify the public prior to the sale of tickets for
the race. If tickets have been sold, the bad acting horse shall be scratched
under the provisions of Section 30 of this administrative regulation.
Section 32. Post Positions; Heat Racing. The
horse winning a heat shall take the pole (or inside position) in the succeeding
heat, unless otherwise specified in the published conditions, and all others
shall take their positions in the order they were placed in the last heat. If
two (2) or more horses finish in a dead heat, their positions shall be settled
by lot.
Section 33. Shield. The
arms of a starting gate shall be provided with a screen or a shield in front of
the position for each horse, and the arms shall be perpendicular to the
rail.
Section 34. Unfair Advantage
Prior to Start. If a horse comes to the gate out of its assigned post position
and gains an unfair advantage by moving either to the left or right to its
assigned post position before the starter gives the word, "go," that horse
shall be disqualified and placed by the judges.
Section 35. Malfunction of the Gate. A
licensed starter shall check the starting gate for malfunctions before
commencing a meeting and shall practice the measures to be followed if there is
a malfunction. Both the starter and the driver of the gate shall know and
practice emergency measures, and the starter shall be responsible for the
training of drivers in taking emergency measures.
Section 36. Timing Races. The time of a heat
shall be taken by:
(1) One electronic timing
device; and
(2) One hand-held
timing device.
Section
37. Track Measurement Certificate. An association shall file with
the corporation a certificate from a duly licensed civil engineer or land
surveyor attesting that the track has been measured from wire to wire three (3)
feet out from the pole or inside hub rail, and certifying in linear feet the
result of the measurement. If there is a change or relocation of the hub rail,
the track shall be measured and recertified.
Section 38. Time for Lapped on Break. The
leading horse shall be timed and his time only shall be announced. A horse
shall not obtain a win race record by reason of the disqualification of another
horse unless the horse's actual race time can be determined by photo finish or
electronic timing.
Section 39. Time
for Dead Heat. If there is a dead heat, the time shall constitute a record for
the horses making a dead heat and both shall be considered winners.
Section 40. Timing Procedure. The time shall
be taken from the first horse leaving the point from which the distance of the
race is measured until the winner reaches the wire.
Section 41. Time Performances. Time
performances shall be permitted with the permission of the presiding judge
subject to the following:
(1) A urine test or
blood test or both shall be required for any horse with a winning time
performance; and
(2) A workout for
the judges or time trial performance shall not be used to qualify a horse to
race.
Section 42. Unless
otherwise provided in the conditions, a purse shall be distributed on the dash
basis with the money awarded according to a horse's position in each separate
dash or heat of the race. Purse money distribution in overnight events shall be
limited to the first five (5) finishers.
Section
43. Dashes.
(1) Except for stakes
or futurities as established in 810 KAR 5:050, Section 7, unless otherwise
specified in the conditions, the money distribution in dashes shall be in the
following percentages: fifty (50), twenty-five (25), twelve (12), eight (8),
and five (5).
(2) In early closing
races, late closing races, or added money events, if there are less than five
(5) starters, the remaining purse shall go to the race winner unless the
conditions call for a different distribution.
(3) In overnight events, if there are less
than five (5) starters, the purse for the position for which there are no
starters shall be retained by the association.
(4) If there is a purse for which horses have
started but were unable to finish due to an accident, all non-offending horses
that did not finish shall share equally in the premium or premiums.
(5) If there is a purse for which horses have
started but were unable to finish and the situation is not covered by
subsection (4) of this section, the purse shall be paid to the
winner.
Section 44. If
unfavorable weather or other unavoidable cause exists that necessitates
postponement of a race, and the judges consent, an association shall postpone a
race in the following manner:
(1) Early
closing races, stakes, and futurities shall be postponed to a definite hour the
next fair day and good track.
(2) A
late closing race, early closing race, stake, or futurity (except as provided
in subsections (4) and (5) of this section) that cannot be raced during the
scheduled meeting shall be declared off, and the entrance money and forfeits
shall be divided equally among the nominators who have horses declared in and
eligible to start.
(3) A late
closing race or early closing race that has been started and remains unfinished
on the last day of the scheduled meeting shall be declared ended and the full
purse divided according to the summary. A late closing race or early closing
race that has been started but postponed by rain earlier in the meeting shall
be declared ended and the full purse divided according to the summary, if there
is sufficient time to conduct the race during the scheduled meeting.
(4) A stake or futurity shall be raced where
advertised, and the race meeting, if necessary, shall be extended. A stake or
futurity that has been started and remains unfinished on the last day of the
scheduled meeting shall be declared ended and the full purse divided according
to the summary, unless the association elects to extend the meeting to complete
the race. A horse that is scratched after a heat and before a race is declared
finished shall not participate in purse distribution from subsequent
heats.
(5) Unless otherwise
provided in the conditions of the race, unanimous consent shall be obtained
from the association and from those with eligibles in the race before a stakes
race or futurity may be transferred to another meeting.
(6) At a meeting of more than five (5) days
duration, an overnight event may be postponed and carried over for a maximum of
two (2) racing days.
(7) At a
meeting of five (5) days duration or less, an overnight event or late closing
race shall be cancelled and starting fees shall be returned if postponement
occurs, unless the association adds the postponed race to the advertised
program and the race is held within two (2) weeks of cancellation.
(8) A postponed race may, at the option of
the association, be contested in a single mile dash. If a race is postponed
under this administrative regulation, the association shall select the order in
which the events shall be raced in any combined program.
Section 45. Post Time.
(1) If racing is conducted at night or
twilight, the racing program shall be completed no later than 12:00 a.m.,
midnight.
(2) Post time for the
first race of the evening shall be fixed by the association. A delay in the
first post of not more than ten (10) minutes from the established post time may
be taken without prior approval of the corporation.
Section 46. Number of Races Per Program.
(1) If eight (8) races are programmed, four
(4) completed races shall constitute a completed program.
(2) If nine (9) races are programmed, five
(5) completed races shall constitute a completed program.
(3) If ten (10) or more races are programmed,
six (6) completed races shall constitute a completed program.
Section 47. Postponements.
(1) Racing shall not be conducted by an
association over a track that is dangerous to drivers or horses.
(2) If inclement weather or other conditions
appear to make the track dangerous, the presiding judge, a representative of
the association, and a representative of the Kentucky Harness Horseman's
Association or the Kentucky Harness Association shall determine whether racing
shall be conducted or postponed.
(3) If a difference of opinion exists between
the representative of the association and the representative of the Kentucky
Harness Horseman's Association or the Kentucky Harness Association as to
whether racing shall be conducted or postponed, the decision of the presiding
judge shall be final.
Section
48. Protests. Protests shall:
(1)
Be made only by:
(a) An owner;
(b) A manager;
(c) A trainer; or
(d) A driver;
(2) Be made at any time before distribution
of the purse is made;
(3) Be made
in writing;
(4) Be sworn to;
and
(5) Contain at least one (1)
specific charge questioning eligibility which, if true, would prevent the
offending horse from competing in the race.
Section 49. The judges shall, in case of
protest, demand that the driver and the owner or owners, if present, shall
immediately testify under oath. If a person refuses to testify after being
ordered to do so and the race has not yet started, that person's horse shall
not be allowed to start or continue in the race, but shall be ruled out, and
any entrance money shall be forfeited.
Section
50. Unless the judges find satisfactory evidence to warrant
excluding the horse, they shall allow a horse to start or continue in the race
under protest. If the purse is won by that horse, it shall be retained by the
association on behalf of the corporation to allow the interested parties to
continue the protest proceeding, in accordance with Section 53 of this
administrative regulation.
Section
51. A person shall not knowingly, and with intent to influence the
results of a race, protest a horse falsely and without cause.
Section 52. This administrative regulation
shall not affect the distribution of the pari-mutuel pools at tracks where
pari-mutuel wagering is conducted, if the distribution is made upon the
official placing at the conclusion of the heat or dash.
Section 53.
(1) A protest shall be reviewed and appealed
in accordance with the procedures set forth in 810 KAR 8:030 and KRS Chapter
13B.
(2) The purse money affected
shall be deposited with the association pending the decision of the protest
review or appeal.
Section
54. A judge shall not refuse to accept a protest.
Section 55. A person who has knowledge, prior
to a race, of information that would prevent an ineligible horse from running
in a race, and who fails to file a protest prior to the race with regard to
that horse, shall have waived the right to protest after the race if the
protest would have prevented the ineligible horse from running in the
race.
Section 56. Material
Incorporated by Reference.
(1) The following
material is incorporated by reference:
(a)
Rules and Regulations of the United States Trotting Association, 2018, Rule 18,
Section 25, "Sulky Performance Standards"; and
(b) The Snell Memorial Foundation's "2000
Standard for Protective Headgear for Use in Harness Racing".
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
office of the Kentucky Horse Racing and Gaming Corporation, 4047 Iron Works
Parkway, Lexington, Kentucky 40511, Monday through Friday, 8 a.m. to 4:30
p.m.
Notes
STATUTORY AUTHORITY: KRS 230.215(2), 230.260(8), 230.320(1), 230.361(1)
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