NECESSITY, FUNCTION, AND CONFORMITY:
authorize the commission to promulgate administrative regulations prescribing
the conditions under which horse racing shall be conducted in Kentucky. This
administrative regulation establishes requirements for the eligibility and
classification of horses for races and medical tests required.
(1) A horse shall not be permitted to start
in any betting or non-betting race, qualifying race, time trial, or official
workout without first securing an electronic eligibility certificate.
(2) The race secretary shall check each
electronic eligibility certificate to certify each horse's eligibility to a
Section 2. Racing
Season and Recorded Winnings. For purposes of eligibility, a racing season or
racing year shall be the calendar year.
3. Sale or Lease during Eligibility Year. If a horse is sold or
leased after an electronic eligibility certificate is issued for the current
year, the seller or the authorized agent of the seller shall endorse the
transfer of the eligibility certificate to the new owner or lessee. The
transfer shall be effective upon electronic transfer of the electronic
registration certificate by the clerk of the course. Any sale or lease of a
horse shall be recorded with the United States Trotting Association.
Section 4. Leased Horses. A horse on lease
shall race in the name of the lessee. An electronic eligibility certificate
shall not be issued to a horse under lease unless a copy of the lease is filed
with the association. For purposes of issuance of electronic eligibility
certificates or transfers of ownership, or both, a lease for an indefinite term
shall be considered terminable at the will of either party unless extended or
reduced to a term certain by written documentation executed by both the lessor
Section 5. Correction
of Electronic Eligibility Certificate. A correction of an electronic
eligibility certificate shall be made only by a representative of the United
States Trotting Association or a licensed official.
Tampering with Electronic
Eligibility Certificates. A person who tampers with an electronic eligibility
certificate shall be charged with a violation pursuant to
7. Denial of Electronic Eligibility Certificate. An eligibility
certificate may be denied to any person who fails to comply with Title 810 KAR
and the provisions of KRS Chapter 230 relating to harness racing.
Section 8. Time Bars. A time record or bar
shall not be used as an element of eligibility.
Section 9. Conflicting Conditions. If there
are conflicting published conditions and neither is withdrawn by the
association, the conditions more favorable to the nominator shall
(1) Standards for Overnight Events. The
racing secretary shall prescribe standards to determine whether a horse is
qualified to race in overnight events at a meeting. The standards shall be
posted where declarations are made and shall be printed on all condition and
(2) If time
standards are established at a meeting for both trotters and pacers, trotters
shall be given a minimum of two (2) seconds allowance in relation to
Posting of Overnight Conditions.
meetings other than extended pari-mutuel meetings, conditions for overnight
events shall be posted at least eighteen (18) hours before entries
(2) At extended pari-mutuel
meetings where races are held five (5) or more days per week, condition sheets
shall be prepared. A condition sheet containing at least three (3) days racing
programs shall be publicly available at least (3) days prior to entries being
taken on any race program contained in the condition sheet. Conditions shall be
clearly stated in all condition sheets and shall not state that conditions are
TBA (To Be Announced).
(3) The race
secretary shall forward copies of each condition book and overnight sheet to
the presiding judge as soon as they are available to the public.
Types of Races to be
A racing program shall offer
exclusively the following types of races:
Stakes and futurities;
closing and late closing events;
(c) Condition races;
(d) Claiming races; and
(e) Preferred races limited to the fastest
horses at the meeting.
(2) Preferred races may be free-for-all races
(3) A two (2)
year old or three (3) year old horse shall not be eligible to be placed on the
preferred or invitational list to race against older horses until it has won at
least seven (7) races, unless requested by the owner or authorized agent and
approved by the race secretary. The owner or authorized agent may withdraw the
request at his or her discretion.
Section 13. Limitation on Conditions. A
condition shall not be written so as to deprive a horse of an opportunity to
race in normal preference cycles. More than three (3) also eligible conditions
shall not be used in writing the conditions of an overnight event.
Section 14. Dashes and Heats. A dash or heat
shall be considered a separate race for the purposes of conditioned
Drawing of Horses. For any overnight event, each starter and also eligible
shall be drawn by lot from those properly declared in, except that a race
secretary shall establish a preference system for races as provided in
, Section 24. However, if necessary to fill a
card, a maximum of one (1) race per day shall be divided into a maximum of two
(2) divisions after preference has been applied. The divisions shall be
selected by the racing secretary. For all other overnight races that day that
are divided, the division shall be by lot unless the conditions provide for a
division based on performance, earnings, sex, or claiming price.
Section 16. Rejection of Declaration Based
Upon Past Performance. The racing secretary may reject the declaration on any
horse whose past performance information falls below the competitive level of
other horses declared.
Substitute and Divided Races.
races may be provided for each day's program and shall be so designated. A
substitute race or a race divided into two (2) divisions shall be used only if
regularly scheduled races fail to fill.
(2) If a race fills, it may be carried over
one (1) day with the permission of the presiding judge.
Section 18. Qualifying Races. A horse that
qualifies in a qualifying race shall not be deprived of its right to start in
(1) A horse that has been
determined, by means of a "Coggins test" administered by an approved
laboratory, to be infected with or a carrier of equine infectious anemia shall
not be permitted to race or be stabled at a licensed track.
(2) A horse shall not be permitted to enter
or remain upon the grounds of any association where race meetings are conducted
at any time unless a certificate is presented to an association representative
certifying that the horse has been given a "Coggins test" during the past
twelve (12) months, and that the result of the test was negative. The
certificate shall properly identify the horse by tattoo number, freeze brand,
or other commission-approved means of identification.
(3) A horse shall not start in a race unless
a negative "Coggins" test written certificate for that horse is furnished to
the race secretary, as required by subsection (2) of this section.
(4) An electronic eligibility certificate
shall not be issued for a horse for which a positive "Cog-gins Test" has been
reported. If an electronic eligibility certificate is issued for a horse that
is later determined to be infected with, or to be a carrier of, equine
infectious anemia, the presiding judge shall immediately notify the United
States Trotting Association.