reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.10 - Forfeitures and Suspensions

Current through Register 1525, July 5, 2024
(1) No racing
			 official other than the Judges and the Starter shall have the right to impose a
			 forfeiture or suspension.
(2) The
			 Judges may not rescind a forfeiture, except with the approval of the
			 Commission.
(3) A racing official
			 imposing a forfeiture or suspension shall report it promptly to the Clerk of
			 Course in writing.
(4) No entry in
			 any race shall be accepted for a horse owned wholly or in part by, or trained
			 by, a person whose husband or wife is under license suspension at time of such
			 entry; except that, if the license of a driver has been suspended for a routine
			 driving offense, the judges may waive 205 CMR 3.10(4).
(5) All forfeitures shall be paid to the
			 Gaming Commission within 48 hours after imposition.
(6) Suspensions shall be for consecutive
			 calendar days.
(7) Any Official,
			 Owner, Trainer or any person licensed by the Massachusetts State Gaming
			 Commission who shall obtain food, feed, shelter, drugs, transportation,
			 services for horses, veterinary services or supplies for himself or others
			 whether they be licensed or not, and fails to pay the fair market value to the
			 person or persons from whom said services or supplies are obtained shall be
			 guilty of conduct detrimental to the best interest of racing and may be
			 suspended at the discretion of the Judges or the Commission, however, neither
			 the Association nor the Massachusetts Gaming Commission shall be obligated to
			 collect debts from horsemen or other personnel licensed by the
			 Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.12 - Judges

Current through Register 1525, July 5, 2024
(1) The Judges shall have the power to
			 interpret
			 205 CMR
			 3.00 and to decide all questions not specifically
			 covered by them, such decisions to be reported to the Commission within 24
			 hours.
(2) In matters pertaining to
			 racing, the orders of the Judges supersede the orders of the officers and
			 directors of the Association.
(3)
			 The Judges shall have general supervision over owners, trainers, drivers,
			 grooms and other persons attendant on horses, and also over all the other
			 officials of the meeting.
(4)
Judges' Authority Concerning Race Objections
.
(a) An objection to an incident alleged to
			 have occurred during a race shall be received only when lodged with the Judges,
			 by the owner, the authorized agent of the owner, the trainer or the driver of a
			 horse engaged in the same race.
(b)
			 An objection following the completion of any race must be filed before the race
			 results are declared official.
(c)
			 The Judges shall make all findings of fact as to all matters occurring during
			 and incident to the completion of a race; shall determine all objections and
			 inquiries, and shall determine the extent of disqualification, if any, of
			 horses in the race. Such findings of fact and determinations shall be final and
			 shall not be appealable.
(d) In the
			 case of disqualification the Judges shall immediately make public the reason
			 for the disqualification and the same shall be announced over the public
			 address system.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.15 - Owners

Current through Register 1525, July 5, 2024
(1) Each owner holding a beneficial interest
			 of 20% or more in a horse must obtain a license from the Commission. If the
			 owners are husband and wife and their total beneficial interest is 20% or more
			 in a horse, then they must each obtain a license from the Commission.
(2) An owner shall not enter or start a horse
			 that:
(a) is not in serviceably sound racing
			 condition;
(b) has been trachea
			 tubed;
(c) has been nerved at or
			 above the ankle;
(d) has been
			 nerved or had cryosurgery performed on a nerve, except that horses that have
			 had a neurectomy or cryosurgery performed on the posterior digital nerve below,
			 and not at, the fetlock of one or more feet may be permitted to race;
(e) is blind or whose vision is seriously
			 impaired in both eyes. A horse blind in one eye may start only if the other eye
			 has normal vision.
(f) does not
			 comply with M.G.L. c. 129, § 44 and
			 330 CMR
			 16.05:
Prevention and Suppression of
			 Equine Infectious Anemia
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.16 - Paddock Judge

Current through Register 1525, July 5, 2024
(1) It shall be the
			 duty of the Paddock Judge to check all contestants for each and every race and
			 to have all horses properly identified.
(2) The Paddock Judge shall keep a record of
			 all equipment carried by all horses in all races under the jurisdiction,
			 permitting no change in equipment not authorized by the Judges.
(3) The Paddock Judge shall bar all
			 unauthorized persons from the Paddock Area.
(4) The Paddock Judge shall report any
			 irregularities to the Judges.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.17 - Patrol Judges

Current through Register 1525, July 5, 2024
The Patrol Judges shall for each race take their stations at a
				place designated by the Judges. They shall be subject to the orders of the
				Judges, and shall duly report to them all of their pertinent observations in
				each and every race and shall file reports on it in writing if so requested by
				the Judges.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.18 - Racing Officials

Current through Register 1525, July 5, 2024
(1) Officials of a
			 race meeting are as follows: Three Judges; Judge at the Start; Starter; Patrol
			 Judges; Timer; Paddock Judge; Clerk of Course; Racing Secretary; Assistant
			 Racing Secretary; Veterinarian; Mutuel Manager; Program Director; Placing
			 Judges; Identifier; Marshall; and such other persons as the Commission may
			 designate from time to time because of their importance in the actual conduct
			 of racing.
(2) The Commission shall
			 appoint two of the Judges.
(3) All
			 other officials designated in 205 CMR 3.18(1) shall be appointed by the
			 Association holding the meeting and licensed by the Commission, all
			 appointments being subject to the approval of the Commission, which reserves
			 the right to demand a change of personnel for what it deems good and sufficient
			 reasons, the successor to official so replaced to be subject to the approval of
			 the Commission.
(4) No one
			 interested in the result of a race, either because of ownership of any horse
			 entered or of his or her sire or dam, or because of bets or otherwise, shall
			 act as a racing official in respect to that race. This prohibition includes,
			 but is not limited to, a restriction on racing officials officiating over races
			 in which any of the following individuals sharing a relationship with the
			 racing official competes:
(a) a spouse,
			 domestic partner, or life partner;
(b) a member of the racing official's
			 immediate family as defined in the Massachusetts Gaming Commission's Enhanced
			 Code of Ethics; or
(c) anyone for
			 whom the racing official's objectivity in the performance of their duties could
			 reasonably be questioned, unless that official has publically disclosed, in
			 writing, the appearance of a conflict of interest to the Director of Racing in
			 advance of the subject race and the Director of Racing has approved the
			 disclosure of an appearance of a conflict of interest.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.20 - Stable Employees

Current through Register 1525, July 5, 2024
(1) The Commission
			 shall license every person following the vocation of groom or stable
			 foreman.
(2) Application shall be
			 made on printed forms furnished by and filed with the Commission and be
			 accompanied by the applicable annual fee.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.21 - Trainers

Current through Register 1525, July 5, 2024
(1) Each trainer must obtain a license from
			 the Commission.
(2) No trainer
			 shall practice his or her profession, except under his or her own
			 name.
(3) The Judges may permit a
			 trainer to act pending action on his or her applications.
(4) A licensed trainer may represent the
			 owner in the matter of entries and declarations.
(5) A trainer shall have his or her horse in
			 the paddock at the time appointed.
(6) A trainer shall attend his or her horse
			 in the paddock, unless he or she has obtained the permission of the
			 Judges.
(7) The trainer shall be
			 responsible for and be the absolute insurer of the condition of the horses he
			 or she enters, regardless of the acts of third parties.
(8) Each trainer shall register with the
			 Racing Secretary every person in his or her employ.
(9) A trainer shall not have in charge or
			 under his or her supervision any horse owned, in whole or part by a
			 disqualified person.
(10) No
			 trainer shall accept, directly or indirectly, any bribe, gift or gratuity in
			 any form that might influence the result of any race or which would tend to do
			 so.
(11) No trainer shall move or
			 permit to be moved any horse or horses in his or her care from the grounds of
			 an Association without permission from the Association.
(12) A trainer shall not enter or start a
			 horse that:
(a) is not in serviceably sound
			 racing condition;
(b) has been
			 trachea tubed;
(c) has been nerved
			 at or above the ankle;
(d) has been
			 nerved or had cryosurgery performed on a nerve, except that horses that have
			 had a neurectomy or cryosurgery performed on the posterior digital nerve below,
			 and not at, the fetlock of one or more feet may be permitted to race;
(e) is blind or whose vision is seriously
			 impaired in both eyes. A horse blind in one eye may start only if the other eye
			 has normal vision.
(f) does not
			 comply with M.G.L. c. 129, § 44 and
			 330 CMR
			 16.05:
Prevention and Suppression of
			 Equine Infectious Anemia.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.23 - Claiming Races

Current through Register 1525, July 5, 2024
(1)
Who
			 May Claim.
An owner and/or lessee of a horse that has been
			 declared and programmed to start in a purse race at that meeting. An authorized
			 agent may claim for a qualified owner. Any member seeking to effect a false
			 claim by inducing another to claim a horse for him or her will be subject to
			 the penalties provided by the Judges.
(2)
Prohibitions
.
(a) No person shall claim his or her own
			 horse, nor shall he or she claim a horse trained or driven by him or
			 her.
(b) No person shall claim more
			 than one horse in a race.
(c) No
			 qualified owner or his or her agent shall claim a horse for another
			 person.
(d) No owner shall cause
			 his or her horse to be claimed directly or indirectly for his or her own
			 account.
(e) No person shall offer,
			 or enter into an agreement, to claim or not to claim, or attempt to prevent
			 another person from claiming any horse in a claiming race.
(f) No person shall enter a horse against
			 which there is a mortgage, bill of sale, or lien of any kind, unless the
			 written consent of the holder thereof shall be filed with the Clerk of the
			 Course of the Association conducting such a claiming race.
(g) Where a horse drawn to start in a
			 claiming race has been declared to start in a subsequent claiming race, a
			 successful claimant, if any, of the horse in the first race shall have the
			 option of scratching the horse from the subsequent race.
(h) Any mare which has been bred shall not be
			 declared into a claiming race for at least 45 days following the last breeding
			 of the mare, and thereafter such a mare may only be declared into a claiming
			 race after a veterinarian has pronounced the mare not to be in foal. Any mare
			 pronounced in foal shall not be declared into a claiming race.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.24 - Practicing Veterinarians

Current through Register 1525, July 5, 2024
(1)
Eligibility
. An applicant for a license as practicing
			 veterinarian shall be qualified and licensed to practice veterinary medicine in
			 this jurisdiction and be otherwise qualified to be issued a license to
			 participate in racing. An application for a practicing veterinarian license
			 from the Commission must be accompanied by a copy of the applicant's current
			 license to practice veterinary medicine.
(2)
Responsibility
.
(a) All practicing veterinarians
			 administering drugs, medications or other substances shall be responsible for
			 ensuring that the drugs, medications or other substances and the veterinary
			 treatment of horses are administered in accordance with
			 205 CMR
			 3.00.
(b)
			 All practicing veterinarians shall promptly notify the official veterinarian of
			 any reportable disease and any unusual incidence of a communicable illness in
			 any horse in his or her charge.
(c)
			 All veterinarians shall file individual remittance certificates with individual
			 blood samples when testing for equine infectious anemia. Upon receipt from an
			 approved testing laboratory, the certificates shall be returned to the trainer
			 whose responsibility it shall be to safeguard said certificate and surrender
			 same to a new owner and/or trainer in cases of claims, sales or transfers. All
			 veterinarians shall notify the State Veterinarian immediately upon receipt of a
			 positive report.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.25 - Official Veterinarian

Current through Register 1525, July 5, 2024
General Authority
. The official
				veterinarian shall:
(a) be employed by
			 the Commission;
(b) be a graduate
			 veterinarian and be licensed to practice in this jurisdiction;
(c) recommend to the judges any horse deemed
			 unsafe to be raced, or a horse that it would be inhumane to allow to
			 race;
(d) place horses on the
			 Veterinarian's List, when necessary, and remove horses from the Veterinarian's
			 List;
(e) place horses on the
			 Furosemide List and remove horses from the Furosemide List;
(f) maintain a continuing health and racing
			 soundness record of each horse given a racing soundness inspection;
(g) have the authority to supervise and
			 control the Test Barn;
(h)
			 supervise the taking of all specimens for testing according to procedures
			 approved by the Commission;
(i)
			 provide proper safeguards in the handling of all laboratory specimens to
			 prevent tampering, confusion or contamination;
(j) have authority and jurisdiction over the
			 racing veterinarian and the practicing licensed veterinarians on the
			 association grounds for the purpose of
			 205 CMR
			 3.00;
(k)
			 report to the Commission the names of all horses humanely destroyed or which
			 otherwise expire at the race meeting and the reasons therefore;
(l) maintain all required records of
			 postmortem necropsy examinations performed on horses which have died on
			 association grounds;
(m) refrain
			 from directly treating or prescribing for any horse scheduled to participate
			 during the official veterinarian's term of appointment at any recognized race
			 meeting except in cases of emergency, accident or injury;
(n) refuse employment or payment, directly or
			 indirectly, from any owner or trainer of a horse racing or intending to race in
			 this jurisdiction while employed as the official veterinarian for the
			 Commission;
(o) review and make
			 recommendations regarding Commission license applications of practicing
			 veterinarians;
(p) cooperate with
			 practicing veterinarians and other regulatory agencies regarding medication
			 issues and to take measures to control communicable and/or reportable equine
			 diseases;
(q) periodically review
			 all horse papers under the jurisdiction of the Commission to ensure that all
			 required test and health certificates are current and properly filed in
			 accordance with
			 205 CMR
			 3.24(2)(c);
(r) be authorized to humanely destroy any
			 horse deemed to be so seriously injured that it is in the best interests of the
			 horse to so act; and
(s) provide
			 the judges with a written statement regarding the nature and seriousness of all
			 laboratory reports of prohibited substances in equine samples.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.26 - Racing Veterinarian

Current through Register 1525, July 5, 2024
(1) The racing
			 veterinarian(s) shall be employed by the Association.
(2) The racing veterinarian shall:
(a) be directly responsible to the official
			 veterinarian;
(b) be a graduate
			 veterinarian and be licensed to practice in this jurisdiction;
(c) be available to the racing secretary
			 and/or judges each racing day at a time designated by the judges, to inspect
			 any horses and report on their condition as may be requested by the
			 judges;
(d) inspect any horse when
			 there is a question as to the physical condition of such horse;
(e) recommend scratching a horse to the
			 judges if, in the opinion of the racing veterinarian, the horse is physically
			 incapable of exerting its best effort to win;
(f) be present in the paddock as required by
			 the official veterinarian;
(g)
			 observe each horse in motion during a warm-up mile, during the post parade,
			 during the running of the race, and following the race until the horse has
			 exited the race track;
(h) inspect
			 any horse which appears in physical distress during the race or at the finish
			 of the race; and shall report such horse together with the racing
			 veterinarian's opinion as to the cause of the distress to the judges and to the
			 official veterinarian;
(i) refrain
			 from directly treating or prescribing for any horse scheduled to participate
			 during racing veterinarian's term of appointment at any recognized race meeting
			 except in cases of emergency, accident or injury;
(j) refuse employment or payment, directly or
			 indirectly, from any owner or trainer of a horse racing or intending to race in
			 this jurisdiction while employed as the racing veterinarian;
(k) be authorized to humanely destroy any
			 horse deemed to be so seriously injured that it is in the best interests of the
			 horse to so act;
(l) inspect all of
			 the horses in a race prior to their starting and after the finish of a race;
			 and shall observe the horses upon their leaving the track;
(m) with approval of the official
			 veterinarian, place horses on the Bleeder List; and
(n) with approval of the official
			 veterinarian, place horses on or remove them from the Veterinarian's
			 List.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.27 - Veterinary Practices

Current through Register 1525, July 5, 2024
(1)
Veterinarians Under the Authority of the Official
			 Veterinarian
. Veterinarians licensed by the Commission and
			 practicing at any location under the jurisdiction of the Commission are under
			 the authority of the official veterinarian and the stewards. The official
			 veterinarian shall recommend to the stewards or the Commission the discipline
			 that may be imposed upon a veterinarian who violates the rules.
(2)
Appropriate Role of
			 Veterinarians
. The following limitations apply to drug treatments
			 of horses that are engaged in activities, including training, related to
			 competing in pari-mutuel racing in the jurisdiction:
(a) No drug may be administered except in the
			 context of a valid veterinarian-client-patient relationship between an
			 attending veterinarian, the horse owner (who may be represented by the trainer
			 or other agent) and the horse. The owner is not required by 205 CMR 3.27(2) to
			 follow the veterinarian's instructions, but no drug may be administered without
			 a veterinarian having examined the horse and provided the treatment
			 recommendation. Such relationship requires the following:
1. The veterinarian, with the consent of the
			 owner, has accepted responsibility for making medical judgments about the
			 health of the horse;
2. The
			 veterinarian has sufficient knowledge of the horse to make a preliminary
			 diagnosis of the medical condition of the horse;
3. The veterinarian has performed an
			 examination of the horse and is acquainted with the keeping and care of the
			 horse;
4. The veterinarian is
			 available to evaluate and oversee treatment outcomes or has made appropriate
			 arrangements for continuing care and treatment;
5. The relationship is maintained by
			 veterinary visits as needed; and
6.
			 The veterinary judgments of the veterinarian are independent and are not
			 dictated by the trainer or owner of the horse.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.28 - Prohibited Practices

Current through Register 1525, July 5, 2024
(1) No person may
			 possess or use a drug, substance or medication on the premises of a facility
			 under the jurisdiction of the Commission for which:
(a) a recognized analytical method has not
			 been developed to detect and confirm the administration of such
			 substance;
(b) the use of which may
			 endanger the health and welfare of the horse or endanger the safety of the
			 driver;
(c) the use of which may
			 adversely affect the integrity of racing; or
(d) no generally-accepted use in equine care
			 exists.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.29 - Medications and Prohibited Substances

Current through Register 1525, July 5, 2024
(1)
Aggravating and Mitigating Factors
. Upon a finding of
			 a violation of 205 CMR 3.29, the judges shall consider the classification level
			 of the violation as listed at the time of the violation in the
Uniform
			 Classification Guidelines for Foreign Substances
as promulgated by the
			 Association of Racing Commissioners International (ARCI) and impose penalties
			 and disciplinary measures consistent with the recommendations contained
			 therein. The judges shall also consult with the official veterinarian,
			 laboratory director or other individuals to determine the seriousness of the
			 laboratory finding or the medication violation. All medication and drug
			 violations shall be investigated and reviewed on a case by case basis.
			 Extenuating factors include, but are not limited to:
(a) The past record of the trainer,
			 veterinarian and owner in drug cases;
(b) The potential of the drug(s) to influence
			 a horse's racing performance;
(c)
			 The legal availability of the drug;
(d) Whether there is reason to believe the
			 responsible party knew of the administration of the drug or intentionally
			 administered the drug;
(e) The
			 steps taken by the trainer to safeguard the horse;
(f) The probability of environmental
			 contamination or inadvertent exposure due to human drug use;
(g) The purse of the race;
(h) Whether the drug found was one for which
			 the horse was receiving a treatment as determined by the Medication Report
			 Form;
(i) Whether there was any
			 suspicious betting pattern in the race; and
(j) Whether the licensed trainer was acting
			 under the advice of a licensed veterinarian.
As a result of the investigation, there may be mitigating
				circumstances for which a lesser or no penalty is appropriate for the licensee
				and aggravating factors, which may increase the penalty beyond the
				minimum.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.30 - Out of Competition Testing for Blood and/or Gene Doping Agents

Current through Register 1525, July 5, 2024
(1)
Out-of-competition Testing
			 Authorized
. The Commission may at a reasonable time on any date
			 take blood, urine or other biologic samples as authorized by Commission rules
			 from a horse to enhance the ability of the Commission to enforce its medication
			 and antidoping rules,
e.g
., the Prohibited List pursuant to
			 ARCI-011-015. The Commission shall own such samples. 205 CMR 3.30 authorizes
			 only the collection and testing of samples and does not independently make
			 impermissible the administration to or presence in any horse of any drug or
			 other substance. A race day prohibition or restriction of a substance by a
			 Commission rule is not applicable to an out-of-competition test, unless there
			 is an attempt to race the horse in a manner that violates such rule.
(2)
Horses Eligible to Be
			 Tested
. Any horse that has been engaging in activities related to
			 competing in horse racing in the jurisdiction may be tested. This includes,
			 without limitation, any horses that are training outside the jurisdiction to
			 participate in racing in the jurisdiction and all horses that are training in
			 the jurisdiction, but excludes weanlings, yearlings and horses no longer
			 engaged in horse racing (
e.g
., retired broodmares).
(a) A horse is presumed eligible for
			 out-of-competition testing if:
1. It is on the
			 grounds at a racetrack or training center under the jurisdiction of the
			 Commission;
2. It is under the care
			 or control of a trainer licensed by the Commission;
3. It is owned by an owner licensed by the
			 Commission;
4. It is entered or
			 nominated to race at a premises licensed by the Commission;
5. It has raced within the previous 12 months
			 at a premises licensed by the Commission; or
6. It is nominated to a program based on
			 racing in the jurisdiction, including without limitation, a state thoroughbred
			 development, breeder's award fund, or standardbred state sires
			 stakes.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.31 - Physical Inspection of Horses

Current through Register 1525, July 5, 2024
(1)
Assessment of Racing Condition
.
(a) Every horse entered to participate in an
			 official race shall be subjected to a veterinary inspection prior to starting
			 in the race for which it is entered.
(b) The inspection shall be conducted by the
			 official veterinarian or the racing veterinarian.
(c) The assessment of a horse's racing
			 condition shall include:
1. Proper
			 identification of each horse inspected;
2. Clinical observation of each horse in
			 motion during a warm-up mile, during the post parade, during the running of the
			 race, and following the race until the horse has exited the race
			 track;
3. Visual inspection of the
			 entire horse and assessment of overall condition; and
4. Any other inspection deemed necessary by
			 the official veterinarian and/or the racing veterinarian including, but not
			 limited to, manual palpation and/or manipulation of the limbs.
(d) The official veterinarian
			 shall maintain a permanent, continuing health and racing soundness record of
			 each horse inspected.
(e) The
			 official veterinarian is authorized access to any and all horses housed on the
			 association grounds regardless of entry status.
(f) If, prior to starting, a horse is
			 determined to be unfit for competition, the official veterinarian and/or the
			 racing veterinarian will recommend to the judges the horse be
			 scratched.
(g) Horses scratched
			 upon the recommendation of the official veterinarian and/or the racing
			 veterinarian are to be placed on the Veterinarians' List.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.32 - Testing

Current through Register 1525, July 5, 2024
(1)
Reporting to the Test
			 Barn
.
(a) The official winning
			 horse and any other horse ordered by the Commission and/or the judges shall be
			 taken to the test barn to have blood and urine samples taken at the direction
			 of the official veterinarian.
(b)
			 Random or extra testing may be required by the judges or the Commission at any
			 time on any horse on association grounds.
(c) Unless otherwise directed by the judges
			 or the official veterinarian, a horse that is selected for testing must be
			 taken directly to the test barn.
(d) A security guard shall monitor access to
			 the test barn area during and immediately following each racing performance.
			 All persons who wish to enter the test barn area must be a minimum of 16 years
			 of age, be currently licensed by the Commission, display their Commission
			 identification badge and have a legitimate reason for being in the test barn
			 area.
(e) The owner, trainer or his
			 or her groom or other authorized representative shall be present in the testing
			 enclosure when a saliva, urine or other specimen is taken from his or her horse
			 and shall remain until the sample tag is attached to the specimen container.
			 Said tag shall be signed by the owner, trainer or their representative as
			 witnesses to the taking of the specimen.
(f) Willful failure to be present at, or a
			 refusal to allow, the taking of any such specimen or refusal to sign the
			 specimen tag to the taking of a specimen, or any act or threat to impede or
			 prevent or otherwise interfere therewith, shall subject the person or person
			 guilty thereof to immediate suspension by the judges of the meeting and the
			 matter shall be referred to the Commission for such further penalty as in its
			 discretion it may determine.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.33 - Postmortem Examinations

Current through Register 1525, July 5, 2024
(1) The Commission
			 may require a
postmortem
examination of any horse that dies or
			 is euthanized on association grounds.
(2) The Commission may require a
postmortem
examination of any horse that dies or is euthanized
			 at recognized training facilities within this jurisdiction.
(3) If a
postmortem
examination is to be conducted, the Commission shall take possession of the
			 horse upon death for
postmortem
examination. All shoes shall
			 be left on the horse.
(4) If a
postmortem
examination is to be conducted, the Commission or
			 its representative shall collect blood, urine, bodily fluids, or other biologic
			 specimens immediately, if possible before euthanization. The Commission may
			 submit blood, urine, bodily fluids, or other biologic specimens collected
			 during a
postmortem
examination for analysis. The presence of
			 a prohibited substance in a specimen collected during the
postmortem
examination may constitute a violation.
(5) All licensees shall be required to comply
			 with
postmortem
examination requirements as a condition of
			 licensure. In proceeding with a
postmortem
examination, the
			 Commission or its designee shall coordinate with the owner or the owner's
			 authorized agent to determine and address any insurance requirements.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.34 - Environmental Contaminants and Substances of Human Use

Current through Register 1525, July 5, 2024
(1) Environmental contaminants are either
			 endogenous to the horse or can arise from plants traditionally grazed or
			 harvested as equine feed or are present in equine feed because of contamination
			 during the cultivation, processing, treatment, storage or transportation
			 phases.
(2) Substances of human use
			 and addiction may be found in the horse due to its close association with
			 humans.
(3) If the preponderance of
			 evidence presented in the hearing shows that a positive test is the result of
			 environmental contamination, including inadvertent exposure due to human drug
			 use, or dietary intake, or is endogenous to the horse, those factors should be
			 considered in mitigation of any disciplinary action taken against the affected
			 trainer. Disciplinary action shall only be taken if test sample results exceed
			 the regulatory thresholds in the most recent version of the ARCI Endogenous,
			 Dietary, or Environmental Substances Schedule.
(4) The identification and adoption of these
			 uniform thresholds for certain substances shall not preclude an individual
			 jurisdiction from maintaining thresholds for substances not on this list which
			 predate the adoption of 205 CMR 3.34 in such jurisdiction.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.35 - Adoption of United States Trotting Association Rules and Regulations

Current through Register 1525, July 5, 2024
The Massachusetts Gaming Commission adopts the United States
				Trotting Association (USTA) Rules and Regulations as amended; and supplements
				those rules and regulations with
				205 CMR
				3.00.
In any situation where a conflict exists between the United
				States Trotting Association Rules and
				205 CMR
				3.00,
				205 CMR
				3.00 will govern. In any instance where a situation is
				not covered by the USTA Rules,
				205 CMR
				3.00 will govern and vice versa. The assessment of
				fines and suspensions shall be in the discretion of the Judges and the Gaming
				Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.03 - Appeal to the Commission

Current through Register 1525, July 5, 2024
A final appeal in the case of any person penalized or
				disciplined by the racing officials of a meeting licensed by the Commission,
				may be taken to the Commission consistent with the provisions of
				205
				CMR 101.02.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.04 - Stable Names, Registration Fees, Restrictions, etc

Current through Register 1525, July 5, 2024
(1) Each Stable name must be duly registered
			 with the Commission.
(2) In
			 applying to race under a stable name the applicant must disclose the identity
			 or identities behind a stable name. If a partnership is involved in the
			 identity behind a stable name,
			 205 CMR 4.26 must be
			 complied with and the usual fees paid therefor in addition to the fees for the
			 registration of a stable name.
(3)
			 If a corporation is involved in the identity behind a stable name,
			 205 CMR 4.09 must be
			 complied with.
(4) Changes in
			 identities must be reported immediately to, and approval obtained from, the
			 Commission.
(5) A person cannot
			 register more than one stable name at the same time nor can he or she use his
			 or her real name for racing purposes, so long as he or she has a registered
			 one.
(6) Any person who has
			 registered under a stable name may, at any time, cancel it after he or she has
			 given written notice to the Commission.
(7) A stable name may be changed at any time
			 by registering a new stable name and by paying the fee required in 205 CMR
			 4.04(2).
(8) A person cannot
			 register as his or her stable name one which has been registered by any other
			 person with any association conducting a recognized meeting.
(9) A person may not register as his or her
			 stable name one which is the real name of any owner of race horses nor one
			 which is the real or assumed name of any prominent person not owning race
			 horses.
(10) A stable name shall be
			 plainly distinguishable from that of another duly registered stable
			 name.
(11) No stable name shall be
			 used, if in the judgment of the Stewards, it is being used for advertising
			 purposes.
(12) A corporate name
			 shall be considered a stable name for the purpose of
			 205 CMR
			 4.00, but the Commission reserves the right to refuse
			 any corporation the privilege of registering a stable name.
(13) A trainer, who is a licensed owner or
			 part owner, may use a stable name as owner or part owner. However, no trainer
			 may be licensed as a trainer other than in his or her legal
			 name.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.05 - Authorized Agent-licenses, Filing Instrument, etc

Current through Register 1525, July 5, 2024
(1) Each authorized agent must obtain a
			 license from the Commission.
(2)
			 Application for a license must be filed for each owner represented.
(3) If a written instrument signed by the
			 owner accompanies the application it shall clearly set forth among the
			 delegated powers whether or not said agent is empowered to collect money from
			 the Association.
(4) If the written
			 instrument is a power of attorney, it shall be filed permanently with the
			 racing secretary. If, however, the powers are properly delegated by the owner
			 on the application form for a license then said application shall be in
			 duplicate with both copies signed and sworn to before a Notary Public and one
			 copy filed permanently with the racing secretary.
(5) An Authorized Agent may appoint a
			 sub-agent only when specifically authorized so to do by the above said written
			 instrument and, to be effective, notice of such appointment must be given
			 immediately in writing to the Commission.
(6) Any changes must be in writing and filed
			 as provided.
(7) If an agent
			 represents more than one owner a separate written instrument shall be filed for
			 each owner and the fee paid in each case.
(8) The term of the license shall be the
			 calendar year unless the owner revokes the agent's appointment or the
			 Commission revokes the license.
(9)
			 Owner's revocations must be filed in writing with the Commission and with the
			 racing secretary.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.07 - Clerk of the Scales, Duties, etc

Current through Register 1525, July 5, 2024
(1)
			 The clerk of the scales shall weigh all jockeys out and in.
(2) The clerk of the scales shall record and
			 publish on the notice board any overweight or any change ofjockey, weight or
			 racing colors, as compared with those stated on the official program and shall
			 promptly supply all proper racing officials with all pertinent
			 changes.
(3) The clerk of the
			 scales shall promptly report to the Stewards any infraction of
			 205 CMR
			 4.00 with respect to weight, weighing, or riding
			 equipment.
(4) The clerk of the
			 scales shall report to the racing secretary after the close of each day's
			 racing, the weights carried by each horse in each race, together with the name
			 of each horse's jockey and the overweight carried by any jockey. He or she
			 shall also report the post time and running time in each race and other data
			 that may from time to time be required.
(5) No horse shall carry more than two pounds
			 overweight without consent of its owner or representative; nor shall a horse
			 carry more than seven pounds overweight in any race. If the overweight is more
			 than % pound in excess of the weight the horse is to carry, the jockey shall
			 declare the amount of overweight to the clerk of the scales at least 45 minutes
			 before the time appointed for the first race of the day and the clerk shall
			 have the overweight posted on the notice board and announced over the public
			 address system. Failure on the part of any jockey to comply with 205 CMR
			 4.07(5) shall be reported to the Stewards.
(6) A horse shall not become a starter in a
			 sweepstakes unless it has been announced as such to the clerk of the scales not
			 less than 45 minutes before the time appointed for the race.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.08 - Colors, Registration Fees, etc

Current through Register 1525, July 5, 2024
(1) Colors
			 registered for life with any State Gaming or Racing Commission or with the
			 Jockey Club of New York shall be respected in Massachusetts and only the
			 registrant shall be permitted to use them.
(2) No person shall start a horse in racing
			 colors other than those registered in his or her own or stable name, but a
			 temporary change from the recorded racing colors may be approved by the
			 Stewards.
(3) The Stewards shall
			 decide any dispute between claimants to the right of particular racing
			 colors.
(4) The Commission will not
			 permit the use of colors that in their opinion are not neat and clean and
			 proper in all other respects.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.09 - Corporations

Current through Register 1525, July 5, 2024
(1) Corporations racing horses in
			 Massachusetts shall furnish the following information:
(a) The corporation shall furnish to the
			 Stewards and the Commission a statement giving the names of all persons
			 connected with the corporation including officers, directors and
			 stockholders.
(b) The corporation
			 shall furnish to the Stewards and the Commission a certificate stating that no
			 person or persons connected with the corporation (officer, director or
			 stockholder) have any beneficial interest in any horse or horses running in
			 their name or the name of any other person or persons racing at the same track
			 where the corporation-owned horse or horses are running.
(c) The corporation shall designate to the
			 Stewards and the Commission the name of one individual, preferably an officer,
			 (not the trainer) who shall act as Agent for the corporation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.10 - Corrupt Practices

Current through Register 1525, July 5, 2024
(1) No person shall
			 influence, induce or conspire or connive with or attempt so to do, any owner,
			 trainer, jockey, agent, driver, groom or other person associated with or
			 interested in or having charge of or access to any horse entered or to be
			 entered in a race for the purpose of fraudulently affecting the ultimate result
			 of such race.
(2) No person shall
			 willfully enter, or cause to be entered, or start a horse that he or she knows
			 or believes to be ineligible or disqualified.
(3) No person shall offer or receive money or
			 any other benefit for declaring or scratching an entry from a race.
(4) No person shall conspire with any other
			 person for the commission of, or connive with any other person in any corrupt
			 or fraudulent practice in relation to racing nor shall he or she commit such
			 act on his or her own account.
(5)
			 No person without proper notice to the Stewards, shall be part owner or trainer
			 of any horse in which a jockey has an interest.
(6) No person shall make a bet for the
			 account of any jockey except the owner or trainer of the horse the jockey is
			 riding, and then only on said horse.
(7) No person shall offer or give a jockey
			 any money or other benefit in relation to a race, unless said person is the
			 owner or trainer of the horse ridden in said race by said jockey.
(8) No person shall solicit bets on the
			 grounds of an Association.
(9) No
			 electrical or mechanical device or other expedient designed to increase or
			 decrease the speed of a horse, (or that would tend so to do) other than the
			 ordinary riding crop or spurs, shall be possessed by any one or applied by any
			 one to a horse at any time on the grounds of an Association, during a Meeting
			 whether in a race or otherwise.
(10) No person shall tamper or attempt to
			 tamper with any horse in such a way as to affect its speed in a race, nor shall
			 be counsel or in any way aid or abet any such tampering.
(11) No person shall assume or pay, directly
			 or indirectly, a forfeiture imposed upon a jockey.
(12) No jockey's attendant shall make a bet
			 on any race nor shall he or she place a bet for anyone else.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.12 - Forfeitures and Suspensions

Current through Register 1525, July 5, 2024
(1) No racing
			 official other than the Stewards shall have the right to impose a forfeiture or
			 suspension.
(2) The Stewards may
			 not rescind a forfeiture, except with the approval of the Commission.
(3) A racing official imposing a forfeiture
			 or suspension shall report it promptly to the Gaming Commission in
			 writing.
(4) All forfeitures shall
			 be paid to the Gaming Commission within 48 hours after imposition.
(5) Any official, owner, trainer or any
			 person licensed by the Massachusetts Gaming Commission who shall obtain food,
			 feed, shelter, drugs, transportation, services for horses, veterinary services
			 or supplies for himself or others whether they be licensed or not, and fails to
			 pay the fair market value to the person or persons from whom said services or
			 supplies are obtained may be guilty of conduct detrimental to the best interest
			 of racing and may be suspended at the discretion of the Stewards or the
			 Commission, however, neither the Association nor the Massachusetts Gaming
			 Commission shall be obligated to collect debts from horsemen or other personnel
			 licensed by the Commission.
(6) No
			 entry in any race shall be accepted for a horse owned wholly or in part by, or
			 trained by, a person whose husband or wife is under license suspension at time
			 of such entry; except that, if the license of ajockey has been suspended for a
			 routine riding offense, the stewards may waive 205 CMR 4.12(6).
(7) Suspensions shall be for consecutive
			 calendar days.