Or. Admin. Code § 462-140-0320 - Trainer
(1) The trainer
shall be responsible for and shall be the absolute insurer of the condition of
horses entered in an official workout or race, regardless of the acts of third
persons.
(a) The trainer is responsible for
the presence of any prohibited drug, medication or other substance, including
permitted medication in excess of the maximum allowable level, in such horses.
A positive test for a prohibited drug, medication or substance, including
permitted medication in excess of the maximum allowable level, as reported by a
commission approved laboratory, is prima facie evidence of a violation of this
rule.
(b) If any of the trainer's
duties are delegated to other personnel, the trainer remains responsible if
those jobs are not properly done.
(c) The trainer shall be responsible for the
condition and contents of stalls, tack rooms, and other areas which have been
assigned to the trainer by the association.
(2) No trainer shall practice his/her
profession except under the trainer's real and true name.
(3) A trainer is responsible for insuring
that all employees and owners under his/her supervision, and any other person
who assists the trainer in the performance of his/her duties, are properly
licensed with the commission and shall report to the commission within 24 hours
the discharge or change of any permanent employee.
(4) When a trainer is unable to perform the
duties required of the trainer for a period of more than 24 hours, the trainer
shall promptly notify the stewards and shall recommend another qualified person
to assume the responsibilities of the trainer, subject to approval of the
stewards. The trainer shall immediately advise the stewards when the regular
trainer resumes his/her duties.
(5)
The trainer shall ensure that all horses under his/her care are in sound racing
condition and are eligible under the conditions of the race before entering a
horse in any race. If a trainer discovers that an entered horse is ineligible
or no longer meets all entry requirements and conditions of the race, or is not
in sound racing condition, the trainer shall immediately notify the racing
secretary and submit any required form. A horse is not in sound racing
condition if it is ill, lame, injured, not properly plated, is blind, or its
vision is seriously impaired in both eyes.
(6) It shall be the responsibility of the
trainer to:
(a) Attend their horse in the
paddock, saddle and/or supervise the saddling of the horse, unless the
permission of the stewards has been given to send another licensed trainer as a
substitute.
(b) Maintain the
assigned stable area in a clean, neat and sanitary condition at all
times:
(c) Ensure that fire
prevention rules are strictly observed in the assigned stable area.
(d) Ensure the proper identity, custody,
care, health, condition and safety of horses in his/her charge.
(e) Disclose the true and entire ownership of
each horse in his/her care, custody or control. Any change in ownership shall
be reported immediately to, and approved by, the stewards and recorded by the
racing secretary.
(f) Train all
horses owned wholly or in part by him/her which are participating at the
meeting.
(g) Register with the
racing secretary each horse in his/her charge within 24 hours of the arrival on
association grounds.
(h) Ensure
that, at the discretion of the Oregon Racing Commission, upon arrival at a
licensed racetrack, each horse in his/her care is accompanied by a valid health
certificate which shall be filed with the racing secretary.
(i) When and where required have each horse
in his/her care that is racing, or is stabled on association grounds, test for
Equine Infectious Anemia (EIA) in accordance with state law and for filing
evidence of such negative test results with the racing secretary.
(j) Use the services of those veterinarians
licensed by the Commission to attend horses that are on association
grounds.
(k) Promptly report the
death of any horse in his/her care on association grounds to the commission
veterinarian and to maintain compliance with the rules in governing post-mortem
examinations.
(l) Maintain
knowledge of medication record and status of all horses in his/her
care.
(m) Immediately report to the
stewards and the official veterinarian if he/she knows, or has cause to
believe, that a horse in his/her custody, care or control has received any
prohibited drug or medication.
(n)
Represent an owner in making entries and scratches.
(o) Ensure the fitness of a horse to perform
creditably at the distance entered.
(p) Ensure that his/her horses are properly
shod, bandaged and equipped.
(q)
Attend the collection of urine or blood sample from the horse in his/her charge
or delegate a licensed representative or the owner of the horse to do
so.
(r) Notify horse owners upon
the revocation or suspension of his/her trainer's license. Upon application by
the owner, the stewards may approve the transfer of such horses to the care of
another licensed trainer, and upon such approved transfer, such horses may be
entered to race.
(7) No
trainer shall remove or permit to be removed from the racecourse any horse
under his or her care without written permission of the racing
secretary.
(8) The trainer shall
see to it that the foal certificate of any horse in his/her care shows if a
horse has been nerved, and shall verify that the horse's name is on the list of
nerved horses posted by the racing secretary, and shall inform the commission
veterinarian of any nerved horses.
(9) No trainer shall employ a jockey for the
purpose of preventing the jockey from riding in any race.
(10) Any trainer that accepts the
responsibility, either whole or in part, for the care or racing of another
trainer's horse or horses may be held equally responsible for any violation of
the Oregon rules of racing that occur while in his/her care.
Notes
Stat. Auth.: ORS 462.270(3)
Stats. Implemented: ORS 462.270
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