Minn. R. agency 178, ch. 7883, pt. 7883.0100 - ENTRIES AND SUBSCRIPTIONS

Subpart 1. Ownership.

When a person is excluded from a racetrack or the person's license is denied, revoked, or suspended, every horse owned in whole or in part or under the care and control of that person shall be ineligible to be entered or start in any race until the horse has been reinstated, either by the expiration of the owner's penalty or by the transfer through bona fide sale to an owner approved by the stewards. Such person whether acting as agent or otherwise, shall not be qualified to subscribe for, or to enter or run any horse in any race either in his or her own name or in that of any other person until expiration of such penalty.

Subp. 2. Horse must be registered and eligible.

No horse shall be permitted to start unless:

A. it is duly registered with and approved by the registry office of The Jockey Club, American Quarter Horse Association, Arabian Horse Registry of America, Inc., or another nationally recognized breed registry. All Thoroughbred horses must also be registered with HISA as provided by HISA Rule 9000h;

B. its registration certificate and Arabian ID Supplement or any supplement relative to other breeds as required showing the lip tattoo number or microchip number of the horse is physically or electronically filed with the racing secretary by scratch time for that race. In stakes races only, a horse shall be allowed to start without the registration certificate on file, if a photocopy or telefacsimile copy of both sides of the foal certificate is on file with the racing secretary. This copy must have been forwarded to the secretary along with a photocopy or a telefacsimile copy of the horse>s equine infectious anemia certificate;

C. it is owned by a licensed owner and is in the care of a licensed trainer;

D. at the time of entry, the horse was eligible for the conditions of the race as specified by the racing secretary and it remains eligible until the race;

E. if a horse's name is changed, its new name is registered with The Jockey Club, the American Quarter Horse Association, the Arabian Horse Registry of America, Inc., or the nationally recognized registration organization relative to other breeds and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names must be printed in the official program for those three races;

F. the stakes or entrance money for the horse has been paid; and

G. it is in sound racing condition as determined by the commission veterinarian.

Subp. 2a. Prohibited starters.

No horse shall be permitted to start if:

A. it is wholly or partially owned by, or under the care, custody, or control of, a person who for any reason is unlicensed by the commission;

B. it is on the stewards' list, or veterinarian's list in any racing jurisdiction and not removed from that list;

C. it is on the starter's list or paddock judge's list in any racing jurisdiction and not removed from that list by the other jurisdiction or racing official in Minnesota;

D. it has raced in a qualifying trial for a future race and has received a positive test for any medication. In that instance, the next fastest qualifying horse shall be allowed to enter; or

E. it is a Thoroughbred or Quarter Horse that has raced more than three times in 30 consecutive days.

Subp. 3. Procedure for first-time entrants.

If entered for the first time at a race meeting, a horse shall be identified by stating its name, color, sex, age, and the name of its sire or sires and dam as registered. In every race thereafter, sufficient description shall be deemed to be provided if the name, color, sex, and age of a horse is furnished.

Subp. 4. Entering procedure.

Nominations and entries shall be made in writing and signed by the owner or trainer of the horse, or the owner's authorized agent. Each association shall provide forms on which entries, scratches, and declarations are to be made for all races.

A. The racing secretary and his or her designees are the only persons authorized to receive entries, scratches, and declarations.

B. Entries may be made by telephone or electronic means, but shall be confirmed promptly in writing, signed by the owner or the owner's authorized agent, if requested by the stewards or racing secretary.

C. In the case of sweepstakes, the closing of nominations, entries, interim payments, and declarations shall be in accordance with the conditions published by the association sponsoring the race.

D. A signed entry blank shall be prima facie evidence that the contents of the entry blank express the desires and intent of the person making entry.

E. A jockey must be named on a specific horse at the time of entry.

F. A jockey may only be named on one horse in the body of the race and one also-eligible, Main Track Only, or both.

Subp. 5. Entrance money.

The nominator is liable for entrance money or stakes, and a mistake in the entry of a horse when eligible does not release the subscriber or transferee from liability for stakes or entrance money. Entrance money is not refunded on the death of a horse, nor on its failure to start.

Subp. 6. Prohibited entries.

No person shall:

A. enter in his or her name a horse of which he or she is not the actual owner;

B. enter or cause to be entered, or start a horse which he or she knows or believes to be ineligible or disqualified;

C. enter a horse in more than one race on any day;

D. enter in a race a horse if it is wholly or partly owned by, trained by, or under the management of a person whose license has been revoked or denied and has not been reinstated at the time of entry, or a person who acts in concert with or under the control of such a person. If an entry from any such person is received, the entry shall be void and any money paid to make the horse eligible for the race shall be paid to the winner. An entry may not be taken from a person whose license is under suspension in any racing jurisdiction unless the term of the suspension ends prior to the day of the race for which the entry was made and any other requirements associated with the suspension have been satisfied prior to the entry;

E. enter a horse that is 12 years of age or older;

F. enter a horse that is subject to a lien that has not been approved by the stewards and fled with the horseperson's bookkeeper;

G. enter a horse that is subject to a lease that has not been approved by the stewards;

H. enter a horse that is barred or suspended in any racing jurisdiction;

I. enter a horse that has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate, or altered means of identification; or

J. enter a horse that has been treated with any bisphosphonate drug within the past six months;

K. enter a horse that, as of January 1 of the calendar year, is a six-year-old or older maiden or a horse that has not started in two or more years; or

L. enter a horse where all requirements to compete in the entered race are not completed. This includes HISA registration for Thoroughbreds.

Subp. 7. Coupled entries.

Except in stakes races and races which are conditioned for horses eligible for specified stakes, not more than two horses of the same licensed ownership or interest shall be entered and started in a race.

A. No trainer shall enter more than three horses in an overnight event except in split races.

B. All horses owned wholly or in part by the same person, or his or her spouse, shall be coupled and run as an entry. The association may uncouple entries on any race with the permission of the stewards.

Subp. 8. Changing of races.

Each association shall have the right to withdraw or change any race with the permission of the stewards. If a race is declared off because of insufficient entries, the association may split any other race.

Subp. 8a. Cancellation and postponement.

In the case of questionable racetrack or racing conditions due to weather, the HISA safety director shall call a meeting of the chief commission veterinarian, chief steward, agent of the racetrack, and horseperson's representative to determine if cancellation or postponement of races is necessary. The HISA safety director has the final authority to cancel or postpone races.

Subp. 9. Closing of entries.

When an hour for closing is designated, entries and declarations for sweepstakes may not be considered if received afterwards. If an hour is not designated, entries and declarations may be mailed or sent by fax transmission up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

Subp. 10. Loss of entries.

A person who alleges loss of an entry or declaration in a stakes race must provide satisfactory proof that it was mailed or sent by fax transmission within a reasonable time before the designated time for closing or it shall not be considered received.

Subp. 11. Drawing of entries.

The drawing of entries for post positions shall be governed by the following procedures.

A. When entries exceed the permitted number of starters, the number of starters shall be reduced to the proper number by using the association's established preference date system. The number of starters shall be reduced to the proper number for the entire race or for each division of the race at the option of the association.

B. Each day after the entries have been closed, the racing secretary shall designate from among those licensees present in the entry office a person to draw the entry sheets and a person to shake the post position numbers out of the container. In every case, the entry shall be drawn from its approved receptacle before the number ball is released from the container.

C. In divided races the starters in the separate divisions shall be determined by lot.

Subp. 12. Deceased owners.

Nominations, entries, and rights of nomination and entry of a deceased owner shall be exercisable by and transferable by the deceased's personal representative subject to compliance with all applicable rules of the commission. The personal representative of a deceased owner shall be deemed to hold an owner's license with respect to horses belonging to the estate of the deceased until the commission declares that such owner's license is no longer in effect.

In the case of the death of a member of a multiple owner, nominations, entries, and rights of nomination and entry shall continue and may be exercised by the remaining members of the multiple owner or any of them.

Nominations and all entries or rights of entry under them become void on the death of the nominator, except in cases of multiple owners, or except with approval of the stewards when the personal representative of an estate in writing requests that the benefits of the nominations accrue to the estate of the deceased nominator for the purpose of selling or transferring a horse, and such representative agrees to assume any and all obligations incident to the original entries.

Subp. 13. Prohibitions on horses sold or transferred with engagements.

Should a horse be sold with engagements, the seller shall not strike the horse out of any such engagements.

If, when a horse is sold or transferred or deemed to be sold or transferred with its engagements, the racing secretary requires evidence of such sale or transfer, the failure to produce such evidence shall render the horse ineligible to start in any stakes race.

No person shall make or receive the transfer of a horse or engagement for the purpose of avoiding disqualification.

Subp. 14. Responsibility for eligibility.

A trainer shall be responsible for the eligibility of horses entered by him or her or his or her authorized agent, and an owner shall be responsible for the eligibility of horses personally entered by the owner.

Subp. 15. Horse must be properly entered.

A horse shall not be qualified to start in any race unless it has been and continues to be properly entered therein. A horse which is improperly entered shall not be entitled to any part of the purse, but once the "Official" sign is posted, this rule shall in no way affect the wagering on the race.

Subp. 15a. Approval for blinkers.

No horse, to which blinkers will be added or removed, may be entered in any race without the prior written authorization of the starter. This authorization must be noted on the entry. Approval of the stewards must be obtained for any horse to which blinkers will be added or removed, prior to entry in a race. Once approved by the stewards, no changes may be made in the use of blinkers without approval of the stewards. Error in this procedure may be corrected only with the permission of the stewards.

Subp. 16. Workout requirements.

In order to be eligible:

A. A thoroughbred horse that has not started for a period of 46 days or more is not eligible to start until it has completed one timed workout within 45 days of and no less than 48 hours prior to the race in which it is entered. A thoroughbred horse that has not started for a period of 61 days or more is not eligible to start until it has completed two timed workouts within 60 days and no less than 48 hours before the race in which it is entered. Any workout following the entry of a horse shall appear on the official daily racing program or shall be posted for the public.

B. A Quarter Horse that has not started for a period of 46 days or more is not eligible to start until it has completed one timed workout within 45 days of and no less than 48 hours prior to the race in which it is entered. A Quarter Horse that has not started for a period of 61 days or more is not eligible to start until it has completed two timed workouts within 60 days of and no less than 48 hours before the race in which it is entered. Any workout following the entry of a horse must appear on the official or daily racing program or must be posted for the public.

C. A first-time starter less than four years of age must have gate approval and a minimum of two timed workouts, one of which must be out of the gate, no more than 60 days prior to and no less than 48 hours before the race in which it is entered.

D. A first-time starter four years of age or older must have gate approval no more than 60 days prior to the race in which it is entered, and a minimum of three timed workouts, at least one of which must be out of the gate no more than 60 days prior to the race in which it is entered, and one of which must be an official timed workout observed and approved by a commission veterinarian, no more than 45 days prior to the race for which the horse is entered, and no less than 48 hours before the race in which it is entered.

E. A horse, other than a first-time starter, which has not started for a period of more than one year shall not be eligible to start until it has completed three timed workouts, at least one of which must be an official timed workout observed and approved by a commission veterinarian no more than 45 days prior to the race for which the horse is entered.

F. A horse that has not started for more than 180 days and less than 365 days must be placed on a restricted list and must have an examination by a commission veterinarian prior to racing. No workout will be required unless the horse is determined to be unsound by the commission veterinarian.

G. Official timed workouts shall be conducted under the same medication and testing rules applicable to racing. A horse is not eligible to be entered in a race until negative results of post-workout medication testing have been returned to the a commission veterinarian.

H. For all county fairs in which the average daily handle for the preceding year was less than $150,000 all workout requirements shall be waived except that in the case of a horse that has not started for a period of one year, the owner or trainer must contact the a commission veterinarian prior to entry for an examination and workout as determined by the a commission veterinarian.

I. For the purpose of removing a horse from the stewards' list, all workouts must be conducted under the same medication requirements as those for race days.

J. A Quarter Horse that has not previously started at a distance of 870 yards is not eligible to start in a race scheduled for 870 yards until it has completed one timed workout at a distance of 660 yards or more within 60 days of and no less than 48 hours before the race in which it is entered.

Subp. 17. Refused entries.

The nominations and entries of any person or transfer of any nomination or entry may be refused by the association.

Subp. 18. Protest.

Any time before the running of a race, an owner, trainer, or authorized agent may object to the eligibility of a horse participating in the race by filing a written protest with the stewards.

Subp. 19. Commission's access to entered horses.

The stewards may require an entered horse to be on the grounds of a licensed racetrack anytime prior to the race and remain there until after the race is completed.

Subp. 20. Quarter Horses must stand in the gate.

Each Quarter Horse entered in a stakes race must stand in the starting gate either the day before or the day of the race in which the horse is entered.

Notes

Minn. R. agency 178, ch. 7883, pt. 7883.0100

9 SR 2527; 10 SR 2161; 11 SR 2201; 14 SR 332; 15 SR 2307; 16 SR 2684; 18 SR 886; 20 SR 2592; 22 SR 1785; 24 SR 1568; 25 SR 1609; 26 SR 1438; 28 SR 1482; 33 SR 8; 35 SR 627; 42 SR 1258 46 SR 1210 47 SR 983 49 SR 497 49 SR 1123

Statutory Authority: MS s 240.08; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24