462-150-0050 Forming the Race; Weights, Penalties, and Allowances; Scratches (1) The racing secretary, in conjunction with the race meet licensee, shall set the conditions of all races. For each racing day, the racing secretary shall use every reasonable effort to card the number of Thoroughbred, Quarter Horse, Appaloosa, Paint, Arabian, and mule races listed in the license application and approved by the commission. Also, for each racing day the racing secretary shall card one race which is limited to Oregon-bred Thoroughbred horses. If there are not enough available horses of that class on any day, the race may be replaced with the approval of the stewards. If the race is reopened to allow other horses to enter, preference at the draw shall be given to the Oregon-bred Thoroughbred horses, including preference extending to an Oregon-bred maiden over a non Oregon-bred winner. If feasible, an Oregon-bred Thoroughbred race which does not fill shall be carried over to a subsequent day's racing program. The stewards shall report to the commission the reasons for the cancellation of an Oregon-bred Thoroughbred race. (2) After entries have closed, the racing secretary shall compile a list of the entries without delay and post the list in a conspicuous place. (3) In determining the number of horses that can be drawn into a race the width of the track shall be at least the total of 10 feet for the first horse plus 5 feet for each additional horse. (4) If the number of entries in any race exceeds the number of horses that will be allowed to start, the starters for the race shall be determined by lot when not determined by an advertised preference system. Persons who made the entry shall be given an opportunity to attend the drawing for starting positions. Post positions shall be determined by lot. A steward or designated representative shall be present at the draw. (5) If the number of entries in any one race is sufficient to reasonably assure that two separate races will fill from those entries, the racing secretary may divide the race. If an overnight race is divided and a trainer has entered two horses in the race, the horses will be placed in separate divisions of the race for the draw. They will be drawn in the separate divisions of the race with both horses retaining their preferences. (6) If any race is canceled because of insufficient entries, the racing secretary may divide an overnight race. The overnight race is subject to the same conditions, with entries in each race drawn by lot when not determined by an advertised preference system. In cases where a trainer has entered two or more horses in a divided race, those races will be handled as outlined in OAR 462-150-0050(5). (7) When a scratch time is provided, a list of horses not to exceed four may be drawn from the overflow entries and listed as eligible to start if any horse which was originally carded is scratched. When an originally carded horse is scratched, horses from the "Also Eligible" list shall fill the race in the order in which they were originally drawn. The owner or trainer of any horse on the "Also Eligible" list which is drawn into a race must notify the racing secretary not later than scratch time if he or she does not intend the horse to start. Any "Also Eligible" horse which does not start when drawn into a race shall forfeit all preferences. (8) In all races, horses which fill a race from the "Also Eligible" list shall take the outside post positions in the order that they are drawn from the original draw. In all races run on the straight-away, except Thoroughbred races, an "Also Eligible" horse shall take the post position of the horse which was scratched. (9) Unless a preference system is used, the racing secretary shall keep a list of all horses excluded from races because of too many entries, and those horses shall have preference in the next race in accordance with a system established by the racing secretary. This list shall be known as the "Preferred List". (10) When a horse on the "Preferred List" is entered in a subsequent race, a claim of preference must be made at the time of entry and noted on the entry form, or the preference will be lost and the horse will be removed from the list. (11) If a race overfills, any "In Today Horse" which has been entered shall be given no preference. A horse on the "Also Eligible" list shall not be considered an "In Today Horse" until it has actually been given a position in a race. (12) In all races that have filled over the number of starters and "Also Eligible", an "In Today Horse" shall receive no future preference if it is drawn in as an "Also Eligible". A maiden horse shall have preference over an "In Today Horse" but not over the second choice of an entry to the exclusion of a winner. The second choice of an entry or an "In Today Horse" on the race's "Also Eligible" list shall have no preference over any other "Also Eligible" horses. A horse on the "Also Eligible" list that is scratched will receive no preference, regardless of any scratches in the race itself. This horse shall not be considered an "In Today Horse". (13) If through error an "In Today Horse" or a horse lacking preference is drawn into a race that has overfilled, the horse shall be scratched if the error is discovered before scratch time, enabling another horse to be drawn into the race. No horse having started any race shall be deemed ineligible because of the error. (14) In high weighted races, high weights will have preference to the draw. In all races determined by time trials, the fastest times shall have preference to the draw. (15) No race which has closed shall be canceled except by the stewards. (16) Weights, Penalties, and Allowances: (a) Fillies two years old shall have an allowance of three pounds, except in handicaps and races where the conditions expressly state to the contrary. Fillies and mares three years old and older shall have an allowance of five pounds between January 1 and August 31, and three pounds between September 1 and December 31. (b) To be eligible for weight allowances they must be claimed at the entry. Except sex allowances, which are mandatory, all other allowances are optional. Failure to claim any allowance, except for sex allowance, is not a cause for disqualification. No sex allowances will be given in straight-away races. (c) A horse shall start with only the allowance to which it is entitled at the time of starting, regardless of its allowance at the time of entry. Horses incurring penalties for a race shall not be entitled to any of the weight allowances for that race. Penalties are mandatory. (d) Horses not entitled to the first allowance in a race shall not be entitled to the second, and so on. Penalties and allowances are not cumulative unless specified in the conditions of the race. (e) No horse shall incur a weight penalty for a placement from which it is disqualified, but a horse winning through a disqualification of another horse shall incur the weight penalties of that placement. No placement of a horse moved up shall make that horse ineligible for a race which has already been run. (f) The racing secretary shall append to the weight for every handicap, the hour and day in which winners will be liable to a penalty. No alteration shall be made after publication except for erroneous omissions of the name or weight of a horse duly entered. In that case, the racing secretary may correct the omission with permission of the stewards. (g) In all overnight races of four (4) furlongs or over, except handicaps, apprentice jockey weight allowances may be claimed per OAR 462-140-0350(5). (h) In all overnight races, except handicaps, the minimum weight, subject to sex and apprentice allowances, shall be 112 pounds for Thoroughbreds, 116 pounds for Quarter Horses, and for all other breeds of horses shall be as designated by the commission. (i) The racing secretary shall publish in the condition book the criteria for eligibility for horses running at the meet. (j) Winnings shall include all money won for first place finishes up to the time appointed for the start, shall apply to all races in any country, and shall include walkover or forfeit money. The value of any prize not of money or not paid in money shall not be included. Winnings during the year shall be computed from January 1 of that year. The earnings of a winning horse shall be computed on the value to the winner. The winner of certain sum shall mean the winner of single race of that value unless otherwise expressed in the conditions. (k) The following rules shall apply to Quarter Horse, Appaloosa, Arabian and Paint racing: (A) In straight-away races no weight allowances will be given for sex or apprentice jockeys, whereas in races run around a turn, the same allowances for sex which are granted in Thoroughbred races will be in effect. (B) Horses which gain a position in a race from the "Also Eligible List" shall take the outside post positions in order that they are drawn from the "Also Eligibles", except in the case of races run on the straight-away, in which case, the "Also Eligible" shall take the post position of the horse declared out or scratched. (C) The respective breed's chart book shall be the official chart for each breed's horse racing. (17) Scratches: (a) Scratches from stakes races will close 60 minutes before post time for the first race. If a scratch time is provided, scratches from all other races must be made prior to the "scratch time" designated by the racing secretary. The field may be scratched down to the number as stated in the condition book by the racing secretary. If the field has already been scratched down to the minimum number, the scratch will not be allowed except for medical reasons verified by the commission veterinarian, or as approved by the stewards. If more than one horse is competing for the last available non-medical scratch, the right to scratch shall be determined by lot. "Also Eligibles" shall have the same scratch privileges as regularly carded horses. (b) If any of a horse's owners is not properly licensed it shall be scratched by the board of stewards 15 minutes prior to post of the race. (c) No horse may be scratched until the owner, trainer, or authorized agent has notified the racing secretary in writing prior to scratch time, except for medical reasons discovered after scratch time and approved by the commission veterinarian. If a horse is stabled off the racecourse a valid request to scratch the horse may be accepted from the trainer by telephone if the trainer provides his or her Oregon Racing Commission license number for identification purposes. A scratch made by telephone must be confirmed in writing if required by the stewards. If the scratch is for medical or physical reasons, the trainer must submit a letter from a licensed veterinarian within 72 hours explaining the reason and necessity for the scratch. (d) The stewards may scratch any horse from a race when it appears that there has been a violation of the rules of horse racing. Any racing official who has knowledge of a violation must report it immediately to the stewards. (e) The commission veterinarian may scratch a horse at any time for reasons as per OAR 462-140-0070(4). Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 2-2008, f. & cert. ef. 9-30-08 RC 5-2002, f. 12-6-02, cert. ef. 1-1-03 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00