Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - General › Section 810 KAR 2:001 - Definitions for 810 KAR Chapter 2

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission to regulate conditions under which
				thoroughbred racing shall be conducted in Kentucky.
				KRS
				230.260(8) authorizes the
				commission to prescribe necessary and reasonable administrative regulations and
				conditions under which horse racing at a horse race meeting shall be conducted
				in this state. This administrative regulation defines the terms used in 810 KAR
				Chapter 2.
Section 1. Definitions.
(1) "Age" means the number of years since a
			 horse was foaled, reckoned as if the horse was foaled on January 1 of the year
			 in which the horse was foaled.
(2)
			 "Arrears" means sums due by a licensee as reflected by his or her account with
			 the horsemen's bookkeeper, including subscriptions, jockey fees, driver fees,
			 forfeitures, and any default incident to KAR Title 810.
(3) "Association" is defined by
			 KRS
			 230.210(5).
(4) "Authorized agent" means in flat racing a
			 person currently licensed as an agent for a licensed owner, jockey, or jockey
			 apprentice by virtue of notarized appointment of agency filed with the
			 commission.
(5) "Claiming race"
			 means a race in which ownership of a horse participating in the race can be
			 transferred in conformity with
			 810 KAR 4:050 and
			 810 KAR
			 5:030.
(6)
			 "Closing" means the time published by the association after which entries for a
			 race are not accepted by the racing secretary.
(7) "Commission" is defined by 810 KAR
			 6:001.
(8) "Conditions" means
			 qualifications that determine a horse's eligibility to be entered in a
			 race.
(9) "Dash" means in
			 standardbred racing a race in a single trial or in a series of two (2) or three
			 (3) races governed by one (1) entry fee for the series, in which a horse starts
			 in all dashes with positions drawn for each dash and the number of purse
			 distributions or payouts awarded exceeds the number of starters in the
			 dash.
(10) "Day" means a
			 twenty-four (24) hour period beginning at 12:01 a.m. and ending at
			 midnight.
(11) "Declaration" means:
(a) In flat racing, the withdrawal of a horse
			 entered in a race prior to time of closing of entries for the race in
			 conformance with 810 KAR Chapter 4; or
(b) In standardbred racing, the naming of a
			 particular horse as a starter in a particular race.
(12) "Disciplinary action" means action taken
			 by the stewards or the commission for a violation of KRS Chapter 230 or KAR
			 Title 810 and can include:
(a) Refusal to
			 issue or renew a license;
(b)
			 Revocation or suspension of a license;
(c) Imposition of probationary conditions on
			 a license;
(d) Issuance of a
			 written reprimand or admonishment;
(e) Imposition of fines or
			 penalties;
(f) Denial of purse
			 money; or
(g) Forfeiture of purse
			 money.
(13)
			 "Disqualification" means a ruling of the stewards, judges, or the commission
			 revising the order of finish of a race.
(14) "Draw" means the process of determining
			 post positions by lot.
(15)
			 "Driver" means in standardbred racing a person who is licensed to drive a horse
			 in a race.
(16) "Electronic
			 eligibility" means a computer-generated eligibility certificate that records a
			 horse's racing statistics.
(17)
			 "Entry" means the act of nominating a horse for a race in conformance with KAR
			 Title 810.
(18) "Equipment" means
			 in flat racing accoutrements other than ordinary saddle, girth, pad, saddle
			 cloth, and bridle carried by a horse, and includes riding crop, blinkers,
			 tongue strap, muzzle, hood, noseband, bit, shadow roll, martingale, breast
			 plate, bandages, boots, and racing plates or shoes.
(19) "Extended pari-mutuel meeting" means in
			 standardbred racing a meeting or series of meetings, at which no agriculture
			 fair is in progress, with an annual total of more than six (6) days duration
			 and during which pari-mutuel wagering is permitted.
(20) "Field" or "mutuel field" means a single
			 betting interest involving more than one (1) horse that is not a mutuel
			 entry.
(21) "Foul" means an action
			 by a jockey or driver that tends to hinder another jockey, driver, or a horse
			 in the proper running of the race.
(22) "Handicap" means in standardbred racing
			 a race in which allowances are made according to a horse's:
(a) Age;
(b) Sex;
(c) Claiming price; or
(d) Performance.
(23) "Handicap race" means in flat racing a
			 race in which the weights to be carried by the horses are assigned by the
			 association handicapper with the intent of equalizing the chances of winning
			 for all horses entered in the race.
(24) "Handle" means the aggregate of all
			 pari-mutuel pools, excluding refundable wagers.
(25) "Horse" means an equine irrespective of
			 age or sex designation and registered for racing with the applicable breed
			 registry.
(26) "Ineligible" means a
			 horse or person not qualified under KAR Title 810 or conditions of a race to
			 participate in a specified racing activity.
(27) "Inquiry" means an investigation by the
			 stewards or judges of a contest prior to declaring the result of the contest
			 official.
(28) "Jockey" means a
			 rider currently licensed to ride in races as a jockey, apprentice jockey,
			 amateur jockey, or a provisional jockey permitted by the stewards to ride in
			 three (3) races prior to applying for a license.
(29) "Judge" means a duly appointed racing
			 official with powers and duties established in
			 810 KAR
			 2:050 serving at a current meeting in the
			 Commonwealth.
(30) "Licensed
			 premises" is defined by
			 KRS
			 230.210.
(31) "Licensee" means an individual, firm,
			 association, partnership, corporation, trustee, or legal representative that
			 has been duly issued a currently valid license to participate in racing in the
			 Commonwealth.
(32) "Meeting" means
			 the entire period of consecutive days, exclusive of dark days, granted by the
			 commission to a licensed association for the conduct of live horse racing that:
(a) Begins at 10 a.m. of the first racing
			 day; and
(b) Extends through a
			 period ending one (1) hour after the last scheduled race of the last
			 day.
(33) "Month" means
			 calendar month.
(34) "Nomination"
			 means a subscription or entry of a horse in a stakes or early closing
			 race.
(35) "Nominator" means the
			 person in whose name a horse is entered for a stakes race.
(36) "Objection" means a verbal claim of foul
			 in a race lodged by the horse's jockey, driver, trainer, or owner before the
			 race is declared official.
(37)
			 "Official order of finish" means the order of finish of the horses in a contest
			 as declared official by the stewards or judges.
(38) "Official time" means the elapsed time
			 from the moment the first horse crosses the timing beam until the first horse
			 crosses the finish line.
(39)
			 "Owner" means a person who holds, in whole or in part, any right, title, or
			 interest in a horse, or any lessee of a horse, who has been duly issued a
			 currently valid owner's license as a person responsible for the
			 horse.
(40) "Pari-mutuel wagering",
			 "mutuel wagering", or "pari-mutuel system of wagering" is defined by
			 KRS
			 230.210.
(41) "Patron" means an individual present at
			 a track, a licensed premises, or a simulcast facility who observes or wagers on
			 a live or historical horse race.
(42) "Post" means the starting point of a
			 race.
(43) "Post position" means
			 the relative place assigned to each horse, numbered from the inner rail across
			 the track at the starting line, from which each horse is to start a
			 race.
(44) "Post time" means the
			 advertised moment scheduled for the arrival of all horses at the starting point
			 for a race.
(45) "Prize" means the
			 combined total of any cash, premium, trophy, and object of value awarded to the
			 owners of horses according to order of finish in a race.
(46) "Protest" means a written objection
			 charging that a horse is ineligible to race, alleging improper entry
			 procedures, or citing any act of an owner, trainer, driver, or official
			 prohibited by rules, which, if true, would exclude that horse or driver from
			 racing.
(47) "Purse" means the
			 gross cash portion of the prize for which a race is run.
(48) "Race" means a running contest between
			 horses, ridden by jockeys or driven by drivers at a recognized meeting, during
			 regular racing hours, for a prize.
(49) "Race day" means a period of twenty-four
			 (24) hours beginning at 12:01 a.m. and ending at midnight in which live racing
			 is conducted by an association.
(50) "Racing official" means a racing
			 commission member, commission staff as duties require, and all association
			 racing department employees, as duties require.
(51) "Registration certificate" means the
			 document, racing permit, or virtual certificate issued by the appropriate breed
			 registry identifying the horse for racing.
(52) "Result" means the part of the official
			 order of finish in a race used to determine the pari-mutuel payoff of
			 pari-mutuel pools.
(53) "Rulings"
			 means determinations, decisions, or orders of the stewards, judges, or of the
			 commission duly issued in writing and posted.
(54) "Scratch" means the withdrawal of a
			 horse entered for a race after the time of closing of entries for the race in
			 conformance with KAR Title 810.
(55) "Scratch time" means the time set by the
			 racing secretary as a deadline for horsemen to indicate their desire to scratch
			 out of a race.
(56) "Simulcasting"
			 is defined by
			 KRS
			 230.210.
(57) "Starter" means:
(a) An official who dispatches the horses
			 from the starting gate; or
(b) A
			 horse in a race when the starting gate doors open in front of it at the moment
			 the starter dispatches the horses for the race.
(58) "Steward" means a duly appointed racing
			 official with powers and duties established in
			 810 KAR 2:040 serving at
			 a current meeting in the Commonwealth.
(59) "Subscription" means nomination or entry
			 of a horse in a stakes race.
(60)
			 "Suspended" means withdrawal by the steward, judge, or commission of racing
			 privileges.
(61) "Thoroughbred
			 racing" is defined by
			 KRS
			 230.210.
(62) "Totalizator" means the system,
			 including hardware, software, communications equipment, and electronic devices
			 that accepts and processes the cashing of wagers, calculates the odds and
			 prices of the wagers, and records, displays, and stores pari-mutuel wagering
			 information.
(63) "Year" means
			 twelve (12) consecutive months beginning with January and ending with
			 December.