justicedao/ipfs_state_laws huggingface dataset:
462-140-0370 Jockey Agent (1) No person other than the jockey with no agent or a licensed jockey agent properly employed by the jockey shall make engagements for or manage a jockey. A jockey agent must apply to the commission for a license and the application shall bear the signatures of the riders that the jockey agent represents. (2) No jockey agent shall be permitted to contract riding engagements for more than three jockeys. Each jockey agent shall maintain accurate records of all engagements and shall make those records available for examination by the stewards at all times: (a) No jockey agent shall name his/her jockey on a horse without first having a call from the owner, trainer or authorized agent. (b) The jockey agent shall not give out more than one first call and one second call for his/her jockey in any race. (c) A jockey agent is the authorized representative of a jockey if he/she is registered with the stewards as his/her representative by the employing jockey. Jockeys are bound by engagements made on their behalf by their agents. (d) The officials may require that the jockey agent file his/her first, second calls with the racing secretary and may require the jockey agent to display his/her record of engagements. A trainer or owner may demand a written confirmation of an engagement from a jockey or his/her agent. Conflicting claims for the service of a jockey shall be decided by the stewards. (3) When a jockey dismisses a jockey agent, the jockey shall give immediate notice to the stewards in writing setting forth the reasons for dismissal of the jockey agent. (4) Jockey agents are not permitted to: (a) Enter the paddock, winner's circle, an unauthorized area or jockey room during racing hours, except with permission of the stewards. (b) Communicate with any jockey in the jockey room during racing hours without permission of the stewards. (c) Hold any other license as long as he/she holds a jockey agent license or perform any other duties unless written permission is granted by the stewards. (5) No jockey agent shall wager on any horse in a race in which he or she is an agent for a rider, other than on the horse ridden by the jockey for whom he or she is the agent. 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
462-140-0380 Groom (1) A groom assists the trainer or assistant trainer in the care of a racehorse. (2) A groom may assist the trainer or assistant trainer in the paddock. (3) A groom may be the trainer’s or assistant trainer’s authorized representative in the test barn. (4) A groom must be employed and on a trainer’s list of employees. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-140-0395 Owner (1) The owner will be responsible that his or her thoroughbred, foaled in 2018 and after, has been microchipped and registered with the Jockey Club. Microchips may be implanted by a certified veterinarian or a trained Thoroughbred Racing Protective Bureau (TRPB) technician. The owner is responsible for all fees associated with the microchipping of their horse. During the transition period the owner may request a variance from the Commission Stewards, as long as the horse is able to be identified and has the proper paperwork. (2) Each licensed owner is responsible for disclosure to the Commission or its designee of the true and entire ownership of each of his/her horses registered with the racing secretary. Any change in ownership or trainer of a horse registered with the racing secretary shall be approved by the stewards. Each owner shall comply with all licensing requirements. Statutory/Other Authority: 462.250 Statutes/Other Implemented: 462.270 History: RC 6-2020, adopt filed 05/12/2020, effective 05/12/2020
462-150-0020 Change of Ownership; Change of Trainer (1) Any horse being registered into the race office must have the current ownership recorded on the foal certificate prior to being accepted by the race office. (2) After a horse has been registered with the racing secretary, it may not be transferred (unless claimed during the race meet) without permission of the stewards. A notarized bill of sale from the registered owner may be required before the stewards will give permission for the change of ownership, unless a commission official witnesses the signing of the bill of sale. The share of a part owner of any horse may not be sold or assigned without the consent of the other owners. The commission and/or stewards may declare a horse ineligible to race if the ownership or control of the horse is in question. Ownership changes may be made after entry at the discretion of the Board of Stewards, however, no horse may start in a race without the proper and current owner(s) listed on the foal certificate. (3) An owner who wishes to change a trainer must notify the racing secretary, obtain a change of trainer form, fill out the form completely and have it signed by the stewards. Upon receipt of the completed and signed form by the racing secretary, the former trainer shall not be given any further access to the horse's papers. No trainer change shall be made after the horse is entered into a race. (4) If an owner has horses with more than one trainer at a race meet the owner must notify the race office and the stewards prior to the horses being entered into a race. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 2-2009, f. 8-24-09, cert. ef. 10-1-09 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-150-0090 Purses; Claims Against Horse; Jockey Fees (1) All stakes fees paid toward a stakes race shall be allocated to the winner unless otherwise provided by the conditions for the race. (2) Whenever the board of stewards has reasonable grounds to believe that any violation of the statutes or rules of racing has occurred, it may order that a purse not be released. Otherwise, all portions of purse money shall be made available to the winners promptly following the release of purses by a designated representative of the commission. (3) If a horse raced while it was not eligible, the board of stewards may order forfeiture of any person's share of an undistributed purse. (4) No percentage of a purse may be deducted by the race meet licensee for itself or another person except as provided by law or by written agreement with the person to whom such winnings are payable. (5) Jockey Fees: (a) In the event an owner or trainer elects to remove a jockey from his/her mount at a reasonable time designated by the stewards after the draw, the stewards may require a double 'jock mount' to be paid. The fee to be paid for the double jock mount may be equal to that earned by the jockey who rode the horse or a losing fee to be determined by the stewards. (b) A jockey's fees shall be considered earned from the time the jockey weighs out for that race. The fee shall not be considered earned if the jockey voluntarily does not finish the race, except where injury to the horse or rider is involved. (c) All jockey fees shall be deposited in advance of the races for that day, unless guaranteed by the race meet licensee. (d) Jockeys involved in a dead heat shall divide equally the sum total of the fees which they would have received individually had one beaten the other or others. The owners of the horses involved shall pay equal shares of the jockeys' fees. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 History: RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-150-0100 Use and Distribution of Breakage Monies (1) Each race meet licensee conducting a race meet shall maintain a separate account in which each horsemen's association's share of the breakage shall be placed. The breakage shall be accumulated on a weekly basis, Monday through Sunday. The account shall be subject to audit by the commission. The race meet licensee, except small fair race meet licensees, shall make a weekly report as to all such breakage money calculated, received, deposited, and paid. Small fair race meet licensees shall remit the breakage to the appropriate horsemen's associations upon notification from the commission. (2) Oregon-bred Thoroughbreds shall share in the breakage money resulting from breakage derived from Thoroughbred races and similarly the other breeds shall share in the money derived from the breakage of their respective races. The race meet licensee shall remit to each Oregon association of horsemen, recognized by the commission as representing that breed of horse, their proportionate share of any breakage monies accumulated during the meet, seven (7) days following the end of each weekly period. (3) All expenditures of monies derived from breakage are subject to prior approval of the commission. Each recognized horsemen's association shall submit a schedule of such expenditures annually to the commission for its approval. (4) For computation of breakage distribution from received interstate wagering, see OAR 462-200-0440. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.140 History: RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-150-0110 Use and Distribution of Purse Supplements for Owners of Oregon-Bred Horses (1) A race meet licensee designated in subsection (2) of ORS 462.057 shall maintain and deposit in a separate account from all other funds the Oregon-bred purse supplements authorized by 462.057(1)(c)(B)(C)(D). A race meet licensee subject to 462.062 shall maintain and deposit in a separate account from all other funds three-quarters of one percent of the gross mutuel wagering on all races for purse supplements to owners of Oregon-bred horses. The race meet licensee shall accumulate the Oregon-bred purse supplement monies on a weekly basis Monday through Sunday. These accounts shall be subject to audit by the commission. No disbursements shall be made from these accounts except as provided in subsection (2). (2) Each breed shall share in the Oregon-bred purse supplements derived from that breed's races only. The race meet licensee shall remit to the accounts of the appropriate breeders organizations (or division of the organization) their proportionate share of any Oregon-bred purse supplement monies within five (5) business days following the end of the weekly period in which they were accumulated. The accounts shall be subject to audit by the commission. (3) Each Oregon breeders association shall distribute all Oregon-bred purse supplement monies to respective owners of the Oregon-bred horses within 75 days after the close of the race meet or continuous race meet. Subject to prior approval of the commission, each horsemen's association may use a portion of the Oregon-bred purse supplements for operating expenses. Any request for operating expenses from the Oregon-bred purse supplements must be approved by the commission prior to payment of the Oregon-bred purse supplements. (4) Sections (1), (2) and (3) of this rule are applicable only at race meets or continuous race meets where the average daily gross mutuel wagering during the preceding fiscal year exceeded $150,000. Statutory/Other Authority: ORS 462.057 Statutes/Other Implemented: ORS 462.057 & 462.130 History: RC 2-2008, f. & cert. ef. 9-30-08 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-160-0100 Purpose To describe requirements and procedures used to ensure the health and welfare of racehorses and to safeguard the interests of the public and the participants in racing. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 & 462.415 History: RC 1-2007, f. 2-28-07, cert. ef. 3-7-07 RC 2-2006(Temp), f. & cert. ef. 10-2-06 thru 3-21-07
462-160-0120 Prohibited Practices The following are considered prohibited practices: (1) The possession or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the commission that has not been approved by the United States Food and Drug Administration (FDA) for any use in (human or animal) is forbidden without prior permission of the commission or its designee. (2) The possession and/or use of blood doping agents, including but not limited to those listed below, on the premises of a facility under the jurisdiction of the commission is forbidden: (a) Erythropoietin; (b) Darbepoetin; (c) Oxyglobin®; and (d) Hemopure®. (3) The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy shall not be permitted unless the following conditions are met: (a) Any treated horse shall not be permitted to race for a minimum of 30 days following treatment; (b) The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines shall be limited to veterinarians licensed to practice by the commission; (c) Any Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines on the association grounds must be registered with and approved by the commission or its designee before use; and (d) All Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments must be reported to a commission veterinarian on the prescribed form not later than the time prescribed by the commission veterinarians. (4) Nasogastric tubes: May only be used by Veterinarians, and only more than 48 hours before a race without the permission of a Commission Veterinarian. No tubes longer than 16 inches will be allowed to be in the possession of anyone other than an ORC licensed veterinarian. (5) No medication may be taken into a stall where a horse is stabled unless it is intended for use on that horse. (6) An animal may not participate in any race if the animal has been administered any drug that is prohibited by the commission less than 24 hours before the original post time for the race in which the horse is entered. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270 & 462.415 History: RC 7-2025, amend filed 05/28/2025, effective 05/28/2025 RC 8-2024, amend filed 04/08/2024, effective 04/08/2024 RC 2-2009, f. 8-24-09, cert. ef. 10-1-09 RC 2-2008, f. & cert. ef. 9-30-08 RC 1-2008, f. & cert. ef. 4-7-08 RC 6-2007(Temp), f. & cert. ef. 11-28-07 thru 5-23-08 RC 1-2007, f. 2-28-07, cert. ef. 3-7-07 RC 2-2006(Temp), f. & cert. ef. 10-2-06 thru 3-21-07
462-160-0145 Postmortem Examination/Necropsies (1) All racehorses that die or are euthanized on racetracks or the grounds where racing is conducted while under the jurisdiction of the Oregon Racing Commission’s (ORC) shall have a post-mortem examination (necropsy) performed by a board-certified veterinarian pathologist at an appropriate facility. (2) After consultation with the State Veterinarian, if it is determined to not be reasonably feasible to transport the racehorse to a board-certified pathologist, the Executive Director may authorize a post-mortem examination/necropsy which will be conducted by the ORC Veterinarian on site. (3) The Oregon Racing Commission will reimburse the racetrack for reasonable costs of transportation and will pay the board-certified facility for costs of the necropsy. (4) Relationships and contact information shall be included in the necropsy standard operating procedure. (5) Any Veterinarian performing a necropsy shall not be an Attending Veterinarian of the affected Horse. Statutory/Other Authority: ORS 462.270 & ORS 462.270 (3) Statutes/Other Implemented: ORS 462.270 & ORS 462.270 (3) History: RC 18-2024, adopt filed 07/19/2024, effective 07/19/2024
462-200-0010 Pari-Mutuel Rules and Regulations All rules of pari-mutuel wagering herein contained (OAR 462-200-0010 through 462-200-0620) shall apply to horse races and greyhound races alike. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0020 Minimum Payoff No mutuel ticket shall be paid off at less than 10 cents net for each dollar wagered except when the breaks compute to less than 10 cents on the first dollar, the license shall pay five cents for each dollar wagered. The infield board shall indicate the amount due on each minimum price winning mutuel ticket sold for each specific pool. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.140 History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0030 Breakage and Computation on Each Mutuel Pool The race meet licensee in its computation of all mutuel pools shall first subtract a sum commonly known as the “commission.” The balance, less breakage, shall be returned to those holding valid winning tickets. All of the breaks shall be distributed as prescribed in ORS Chapter 462. Other portions of the “commission” shall be distributed in accordance with ORS Chapter 462. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.140 History: RC 3-2018, minor correction filed 06/19/2018, effective 06/19/2018 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0040 Days Racing Permitted Any race meeting properly licensed under ORS Chapter 462 by the Oregon Racing Commission may conduct racing with pari-mutuel wagering on any day of the week. No wagering or actual running of a race shall be permitted after midnight on any day except in the case of emergency. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 4-2024, minor correction filed 02/12/2024, effective 02/12/2024 RC 3-2024, minor correction filed 02/12/2024, effective 02/12/2024 RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0050 Underpayment If during any race meet conducted under this law, there shall be underpayments of the amount actually due to the wagerers, the amount of such underpayments to wagerers shall revert and belong to the State of Oregon and paid to the commission and become a part of its fund, and shall not be retained by the race meet licensee under whose license such race meet was held. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.150 History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0060 Identification and Conduct of Mutuel Employees (1) A race meet licensee’s mutuel department, at every race meeting, must be conducted in a strict, dignified, and proper manner. All pari-mutuel selling machines must be located only in places easily accessible and in plain view of the general public. All employees coming in contact with patrons must at all times demean themselves in respectful and temperate fashion. (2) Every employee of the mutuel department, who by nature of his employment comes in contact with patrons, shall be designated by name or number, that easy identification may be made by the public. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0070 Closing Wagering and Locking Pari-Mutuel Machines (1) For Horse Racing: The pari-mutuel machines must be locked when the starting gates open. Unless the pari-mutuel machines were locked through error, they may not be reopened once they have been locked, even if there is a malfunction of the starting gate which causes a delay or a scratch. (2) For Greyhound Racing: The pari-mutuel machines shall not be locked until the lure begins to move, signifying the start of the race. After the lure has commenced to move, if there is a malfunction of the starting box which causes a delay, at the sole discretion of the board of judges, the pari-mutuel machines may be reopened for wagering. In addition, if the pari-mutuel machines were locked through error, the board of judges may order the machines reopened for wagering. Statutory/Other Authority: : ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0080 Totalizator Standards The Oregon Racing Commission shall set standards for procedure, equipment and personnel and any other areas the commission deems necessary to insure the operations and integrity of the tote system. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0100 Public Information The general public, through newspapers, magazine, and periodicals of general circulation, shall be entitled to any and all information of reference to facts and figures concerned in the operation of the mutuel department. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0110 Emergency (1) Should an emergency arise in connection with the operation of the pari-mutuel department not specifically covered by these rules and an immediate decision be necessary, the manager of the pari-mutuel department shall make the decision and shall make an explanation in detail in a written report to the state supervisor of mutuels immediately, and said report shall be forthwith communicated to the commission. (2) In case of unanticipated and unforeseen emergencies and delays (such as electrical failure, totalizator problems, etc.) which arise either preceding or during the conduct of a race program, the stewards/judges may take any action which they deem appropriate to permit the completion of such program, including, but not limited to, extending wagering and running of races beyond the hour of midnight. Any such extension shall be considered a part of a single, continuing race day, and not as a new race day. A complete report of any event requiring invocation of this rule shall be filed by the stewards/judges with the commission secretary. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00
462-200-0120 Minus Pool The “breakage” from each pool in a race shall be applied on any “minus” pool in that particular race. In the event a minus pool occurs after all breakage has been applied from that particular race, the expense of said minus pool for the race shall be borne by the race meet licensee. Statutory/Other Authority: ORS 462.270(3) Statutes/Other Implemented: ORS 462.270(3) History: RC 3-2000, f. 3-27-00, cert. ef. 5-1-00