RELATES TO: KRS 230.215, 230.260, 230.280, 230.290, 230.310,
230.398
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 230.398 authorizes the
corporation to promulgate administrative regulations governing the conduct of
county fair races, branded as the Kentucky Proud Series. This administrative
regulation establishes conditions, purses, and payments in races conducted as
part of the Kentucky Proud Series, in which funds for purses are provided by
the corporation, and regulates eligibility for participation in the Kentucky
Proud Series.
Section 1. Eligibility.
A
horse shall be eligible to participate in a two (2) or three (3)
year old
Kentucky Proud Series
stakes race if the
horse is a two (2)
year old or a three
(3)
year old that is "Kentucky-bred" as defined by
810 KAR 7:040.
Section 2. Track Requirements.
(1) A fair shall have a safe and adequate
track, and the entire track, including start and finish lines, shall be visible
to judges and spectators.
(2) The
track shall be inspected and approved by a representative of the
corporation.
(3) A track shall have
a hub rail or pylons approved by the corporation.
(4)
(a) A
fair shall have safe and adequate stalls for participating horses.
(b) If permanent stalls are not available,
tents or other tie-in type stalls may be used.
(c) Except as established by paragraph (d) of
this subsection, a county fair shall not charge stall rent for horses racing at
the fair.
(d) A county fair may
charge stall rent if the fair is held on state-owned property.
Section 3. Officials.
(1) The host track shall submit to the
corporation, at least sixty (60) days prior to the opening of a race meeting, a
written list of racing officials and applicable employees.
(2)
810 KAR 2:050 shall govern the judges and
racing officials at Kentucky Proud Series
stakes races.
(3) Officials shall be paid by the entity
hosting the races, with the exception of judges. Judges shall be paid by the
corporation. The corporation shall determine the number of judges,
notwithstanding any provision of
810 KAR 2:050 to the contrary.
Section 4. Requirements. Each race
shall be held in accordance with KRS Chapter 230 and 810 KAR Chapters 2, 3, 5,
6, 7, and 8.
Section 5. Kentucky
Sire
Stakes Panel. No later than December 15 of each calendar
year, the
Kentucky Sire
Stakes advisory panel established in
810 KAR 7:040 may annually
address, and the corporation may annually approve, based on promoting the best
interests of racing, at least the following
conditions, which shall, once
approved, be placed in the condition book for the following
year:
(1) The purse for each race;
(2) Race dates;
(3) Fees, such as nomination, sustaining,
starting, and finals fees;
(4)
Distribution of revenue for the Kentucky Proud Series;
(5) Early closers; and
(6) Other conditions necessary to participate
in the Kentucky Proud Series.
Section
6. Drug Testing.
(1) The winning
horse at a fair
race and any other
horse or horses as selected by the judges
may be required to take a drug test as established in
810 KAR 8:010 and
810 KAR 8:060.
(2) A fair shall provide two
(2) enclosed stalls and bedding to be used by the corporation veterinarian for
drug testing.
(3) The stalls
required by subsection (2) of this section shall be located as close to the
race track as possible.
(4) The
stalls shall be positioned to allow the track announcer to be heard.
(5) The expense of the testing laboratory or
other testing processes, whether furnished by contract or otherwise, together
with all supplies and equipment used in connection therewith, shall be paid by
the entity operating harness races under this administrative
regulation.
Section 7.
Violations. A person or association that violates a provision of this
administrative regulation shall be subject to the penalties established in
810 KAR 8:030, Section 10.