reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2809 - STEWARDS

Current through Register Vol. 13, July 5, 2024
(1) Stewards are
				selected as follows:
(a) The board shall
				maintain a listing of the licensed racing officials who are qualified for the
				position of steward, and the selection of stewards shall be made by the board
				from this list. There shall be three stewards to supervise each race meet, who
				will comprise the Board of Stewards for the race meet. One steward shall be
				designated by the board to be the presiding steward. All stewards shall be
				compensated by the board at an amount set by the board. The selection of
				stewards for a race meeting shall be made as soon as possible after the
				allocation of dates for a racing meet, but in no event later than 30 days
				before the race meeting.
(b) The
				board shall refuse to license as a steward any person not having sufficient
				training or education to meet the requirements of the office.
(c) Eye tests shall be given by competent
				opticians to all stewards, when directed by the board, the test to include
				particularly distance and colors, and the original reports thereof shall be
				kept on file at the office of the board.
(d) Failure of any steward to enforce the
				rules of racing or to meet the responsibility of the office shall be just cause
				for the board not to approve licensure as a steward in future years.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2810 - TIMERS

Current through Register Vol. 13, July 5, 2024
(1) The time
				recorded for the first horse to cross the finish line shall be the official
				time of the race. The time recorded may be the time recorded by an electric
				timing device. Any electric timing device must be of a type approved by the
				board.
(2) In all quarter horse
				races in Montana where qualifiers for the finals are determined by time trials,
				an electric timer shall be utilized. In the event that the electric timer
				fails, qualifiers for the finals will be determined by hand times. Hand times
				will be calculated and utilized according to the American Quarter Horse
				Association recommended procedures for time trials published January 1, 2002,
				and incorporated herein by reference. A copy may be obtained from the American
				Quarter Horse Association, P.O. Box 200, Amarillo, Texas 79168.
(3) Each racing association conducting a race
				meet consisting in part of quarter horse stakes races with finalists determined
				by time trials shall appoint, license and assign the persons to serve in the
				hand timer capacities. These persons must present themselves to the stewards 30
				minutes prior to the start of the first trial race and remain until all trial
				races are completed.
23-4-202, MCA; IMP,
					 23-4-201,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2811 - VETERINARIAN: OFFICIAL

Current through Register Vol. 13, July 5, 2024
(1) The board shall
				contract with or hire persons licensed as veterinarians in Montana to perform
				the duties of official veterinarians at horse racing meets. Contracts (or
				hires) shall be upon such terms as the board and the veterinarians may mutually
				agree and may contain differing rates of compensation based upon the experience
				of the veterinarian. The board shall compensate the veterinarian(s) for
				official veterinarian services.
(2) The official veterinarian shall be
				present in the paddock to inspect all horses, shall inspect or observe all
				horses after the finish of a race, and shall perform such other duties as shall
				be prescribed from time to time by the stewards and board.
(3) If for any reason, a horse must be
				destroyed either in the paddock or on the track, the official veterinarian
				shall perform the euthanasia. The act of euthanasia shall not take place in
				view of the public.
(4) The
				official veterinarian shall be present at the starting gate while horses are
				being loaded. Any scratches after horses leave the paddock may be made by the
				official veterinarian with the approval of the stewards.
AUTH:
					 23-4-202, MCA; IMP:
					 23-4-201,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2812 - DIRECTOR OF RACING

Current through Register Vol. 13, July 5, 2024
(1) Each track
				licensee shall name a director of racing. It shall be the director's duty to
				coordinate the activities of the various racing officials serving at the meet
				and to act as a liaison between the licensee and the board and its
				representative.
23-4-104,
					 23-4-202, MCA; IMP,
					 23-4-104,
					 23-4-201,
					 23-4-202,
					 37-1-131,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2813 - ASSISTANT STARTER

Current through Register Vol. 13, July 5, 2024
(1) An assistant
				starter is an individual hired by the racing association and supervised by the
				starter to handle horses in and around the starting gate, and ensure that each
				horse has a fair start.
(2)
				Assistant starters, with respect to an official race, shall not:
(a) handle or take charge of any horse in the
				starting gate without the express permission of the starter;
(b) impede the start of a race;
(c) slap, boot or otherwise dispatch a horse
				from the starting gate;
(d) strike
				or use abusive language to a jockey;
(e) receive money or other compensation,
				gratuity or reward, in connection with the running of any race or races; nor
				shall any person give to any assistant starter such money, compensation,
				gratuity or reward, except such compensation as salaries received from the race
				meet licensee; or
(f) wager,
				directly or indirectly, on any race in which they perform official
				duties.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.28 - Racing Officials › Rule 8.22.2814 - VALET

Current through Register Vol. 13, July 5, 2024
(1) A valet is an
				individual hired by the racing association to prepare a jockey's equipment and
				saddle horses assigned to the valet prior to each race, and assist in
				unsaddling the same horse(s) after each race. There shall be at least one valet
				for every two horses in the maximum field size approved by the board.
(2) Valets shall be approved by the stewards
				and the starter as to their ability to perform their duties. Valets, with
				respect to an official race, shall not receive money or other compensation,
				gratuity or reward in connection with the running of any race or races, nor
				shall any person give to a valet such money, compensation, gratuity or reward,
				except such compensation as salaries received from the race meet licensee.
				Valets shall not wager, directly or indirectly, on any race in which they
				perform official duties.
(3) Valets
				providing tack cleaning and other related services for a jockey must present to
				the horsemen's bookkeeper and the stewards, prior to the start of a race meet,
				a written agreement signed by both the valet and jockey outlining what services
				will be performed and the total compensation for those services. Any
				agreed-upon services will be paid on a weekly basis.
(4) Valets who are also licensed as assistant
				starters may, when performing assistant starter functions during a particular
				race, move back and forth between the starting gate and the location at the
				track at which valet duties are required for that race. The valets shall report
				all unauthorized activities to the starter.
23-4-202, MCA; IMP,
					 23-4-201,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2902 - AGENTS FOR JOCKEYS

Current through Register Vol. 13, July 5, 2024
(1) Each jockey
				agent shall obtain a license from the board. A jockey agent may represent two
				jockeys and one apprentice jockey with approval of the stewards. No jockey
				agent shall make or assist in making any engagement for any rider other than
				those the jockey agent is licensed to represent. If any jockey agent gives up
				the making of engagements for any rider the jockey agent shall immediately
				notify the stewards and turn over to the stewards a list of any unfilled
				engagements. A jockey agent may not drop a rider without notifying the stewards
				and jockeys in writing.
(2) Owners,
				trainers, racing officials, employees of the licensee and employees of any
				party contracting with the licensee to furnish a racing associated service are
				not eligible to be licensed as jockey agents.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2903 - EXERCISE PERSONS

Current through Register Vol. 13, July 5, 2024
(1) Each exercise
				person shall obtain a license from the board before exercising any horses on
				the grounds of the race meeting.
(2) No exercise person shall ride or exercise
				any horse on the race track without wearing a protective helmet and boots. Each
				exercise person must wear a safety vest when riding on the track. The safety
				vest shall be designed to provide shock absorbing protection to the upper body
				of at least a rating of five as defined by the British equestrian trade
				association (BETA).
(3) Before
				approving an application for an exercise person's license, a majority of the
				members of the board of stewards, the jockey representative and the starter
				shall concur that the applicant has the ability to safely and correctly perform
				duties of an exercise person.
Sec.
					 23-4-104,
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2904 - GROOMS

Current through Register Vol. 13, July 5, 2024
(1) Each groom
				shall obtain a license from the board before acting in any capacity as groom on
				the grounds of a race meeting.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2905 - JOCKEYS

Current through Register Vol. 13, July 5, 2024
(1) Each jockey
				must obtain a license from the board.
(2) All jockeys shall have a complete
				physical examination before being issued a license. A certificate from the
				medical doctor conducting the physical examination shall accompany the
				application for licensure. The stewards may in their discretion waive the
				requirement of a physical examination.
(3) No person under the age of 16 years shall
				be granted a jockey's license.
(a) All jockey
				applicants not previously licensed by the Montana board of horse racing or
				another racing jurisdiction, shall present proof of age before being licensed
				by the Montana board of horse racing and a birth certificate may be
				required.
(b) If the applicant is
				16 or 17 years old, a signature from his/her parent or legal guardian must
				accompany the application.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2906 - JOCKEYS - APPRENTICE

Current through Register Vol. 13, July 5, 2024
(1) An apprentice
				jockey may be granted an apprentice certificate in lieu of an apprentice
				contract. The apprentice certificate shall grant an apprentice all the
				allowances and conditions granted to the apprentice who is under
				contract.
(2) An apprentice jockey
				is a thoroughbred, quarterhorse and appaloosa race rider who has ridden less
				than one year and less than 45 winners since first having been licensed in any
				racing jurisdiction and who otherwise meets the requirements and qualifications
				for a license as a jockey. The apprenticeship of an apprentice jockey shall
				automatically terminate one year from the date of his fifth winning ride or on
				the first anniversary of the date of issuance of his license as an apprentice
				jockey, if during such first year he has ridden at least 45 winners. Otherwise,
				the said apprenticeship shall automatically terminate after such first
				anniversary date on the date he rides his 45th winning mount, or on the date of
				the third anniversary of his first apprentice license, whichever shall come
				first. For good cause the board may extend the termination date of any
				apprenticeship or the conditions under which the apprenticeship may be granted.
				Races other than recognized thoroughbred races in the United States, Canada or
				Mexico reported in the Daily Racing Form or other similar official publication
				shall not be considered in determining eligibility for a license as apprentice
				jockey; provided, however, that any person who has ridden as a licensed jockey
				at any recognized meeting in the United States or other country shall have the
				burden of establishing that the granting of an apprentice license to such
				person is in the best interest of racing in this state.
(3) Apprentice allowance as follows:
(a) An apprentice jockey shall ride with a
				five-pound weight allowance beginning after his/her first mount and for one
				full year from the date of his/her fifth winning mount except no weight
				allowance shall be given in quarter horse races.
(i) If after riding one full year from the
				date of his/her fifth winning mount, the apprentice jockey has failed to ride a
				total of 40 winners from the date of his/her first winning mount, he/she shall
				continue to ride with a five-pound weight allowance for one more year from the
				date of his/her fifth winning mount or until he/she had ridden a total of 40
				winners, whichever comes first.
(ii) If an apprentice jockey is unable to
				ride for a period of 14 consecutive days or more after the date of his/her
				fifth winning mount because of service in the armed forces of the USA, or
				because of physical disablement, the commission may extend the time during
				which such apprentice weight allowance may be claimed for a period not to
				exceed the period such apprentice jockey was unable to ride.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2907 - OWNERS

Current through Register Vol. 13, July 5, 2024
(1) Each owner
				shall obtain a license from the board. Persons under the age of 18 shall not be
				licensed as owners. Any application for owner's license must establish
				financial responsibility to the satisfaction of the board. Failure to maintain
				financial responsibility shall be grounds for revocation of license.
(2) An authorized agent will be recognized as
				having authority to handle all matters pertaining to the stable for which he is
				authorized to act, and the acts of the agent shall be deemed the acts of the
				owner, and an owner shall accept responsibility for his agent's acts.
(3) Each stable name must be duly registered
				with the board.
(4) In applying to
				race under 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, the rules covering partnerships must be complied with.
(a) Changes in identities must be reported
				immediately to and approval obtained from the board.
(b) 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 trainer other than in his legal name.
(c) Any person who has been registered under
				a stable name may, at any time cancel it after he has given written notice to
				the board.
(d) A stable name may be
				changed at any time by registering a new stable name and by paying the fee as
				required.
(e) A person cannot
				register as his stable name one which has been registered by any other person
				with any licensee conducting a recognized meeting, or with the New York jockey
				club, or with another racing authority.
(f) A person may not register as his stable
				name one which is the real name of any owner of race horses, nor which is the
				real name of any prominent person not owning race horses.
(g) A stable name shall be plainly
				distinguishable from that of another duly registered stable name.
(h) No stable name shall be used if in the
				judgement of the stewards it is being used for advertising purposes.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2908 - PLATERS (FARRIERS, SHOERS, BLACKSMITHS)

Current through Register Vol. 13, July 5, 2024
(1) Each plater,
				shoer or blacksmith shall obtain a license from the board before practicing his
				trade on the grounds of the race meeting.
(2) Bar plates may be used only with the
				consent of the stewards and their discontinuances must be approved by the
				stewards.
(3) A horse starting in a
				race shall be shod with racing plates unless otherwise approved by the
				stewards.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2909 - PONY PERSONS

Current through Register Vol. 13, July 5, 2024
(1) Each pony
				person and outrider shall obtain a license from the board and no person shall
				be allowed to pony horses or lead horses in a post parade without first
				obtaining a pony person's or outrider's license. A trainer may pony horses
				trained by the trainer without a pony person license.
(2) No pony person or outrider shall pony or
				parade any horse on the track without wearing a protective helmet and boots
				with heels.
(3) The stewards may
				require prior permission to lead a horse in a post parade.
(4) At no time shall pony horses be permitted
				to enter the paddock nor shall outriders or pony persons be allowed to pick up
				horses in front of the unsaddling area after a race has been run.
(5) Before approving an application for a
				pony person's or outrider's license, the stewards shall concur the applicant
				has the ability to safely and correctly perform the duties of a pony person or
				outrider.
23-4-104,
					 23-4-202, MCA; IMP,
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2911 - VETERINARIANS

Current through Register Vol. 13, July 5, 2024
(1) Each
				veterinarian shall obtain a license from the board before the veterinarian may
				practice the veterinarian's profession on the grounds of a race meeting. The
				veterinarian shall not be eligible to own, or hold a license to train horses
				while being licensed to practice veterinary medicine on the grounds of a race
				meeting.
(2) Any licensed
				veterinarian who administers or makes available for administration by external
				application, ingestion or injection or by any other means any material or
				substance to a horse stabled at a licensed race meeting shall maintain records
				of all treatments and make those records available to the board or its
				representative upon demand.
(a) This rule
				shall not apply to water, heat or cold treatment or to customary liniments or
				salves, provided the same be applied externally only.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2912 - PAST PERFORMANCE LINES AND CHARTING

Current through Register Vol. 13, July 5, 2024
(1) The racing
				secretary must obtain current and complete and accurate past performance lines
				on each horse entered in a race provided that such data are
				available.
(2) All employees of
				chart companies must be licensed as chart company employees before entering the
				grounds of a race meet.
Sec.
					 23-4-104, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2913 - PHOTO COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) Photo companies
				must provide state of the art photo-finish and video equipment with electronic
				timing capability, film, tape and other supplies and operators capable of
				providing accurate reproductions and depictions of all races and race
				finishes.
(2) Film and tape of all
				races shall be preserved by the photo companies for a period of at least one
				full calendar year from the date of the race.
(3) Film and tape of controversial races,
				when requested by the board, shall be supplied by the photo companies at the
				board's expense.
(4) All employees
				of photo companies must be licensed before entering the grounds of a race
				meet.
Sec.
					 23-4-104, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.29 - Occupational Licenses › Rule 8.22.2914 - TOTE COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) Tote companies
				must provide state of the art parimutuel equipment and tote at each licensed
				track that they service.
(2) Tote
				companies must provide correct and complete betting odds, race results and
				payoff prices for each race at which wagering is permitted.
(3) Tote companies must:
(a) accept all wagers as outlined in this
				subchapter;
(b) pay all winners
				according to calculated payoff procedures;
(c) account for all monies wagered and paid
				out;
(d) withhold all funds set
				aside by statute and contracts;
(e)
				deliver those funds each day to the licensee to be redistributed to the proper
				parties;
(f) publish daily a
				complete summary of all wagering pools, all payoffs, breakage, overpayments and
				short payments.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3002 - WEIGHT - PENALTIES AND ALLOWANCES

Current through Register Vol. 13, July 5, 2024
(1) In all races
				except handicaps, quarter horse races and races where the conditions expressly
				state to the contrary, fillies two years old are allowed three lbs. and fillies
				and mares three years old and upward are allowed five lbs. before the 1st of
				September and three lbs. thereafter.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3003 - DECLARATIONS AND SCRATCHES

Current through Register Vol. 13, July 5, 2024
(1) No horse shall
				be considered scratched or declared out of an engagement until the trainer or
				his authorized agent shall have given due notice in writing to the racing
				secretary before the time stipulated by the regulations of the licensee.
(2) For stakes races, if a horse
				is not named through the entry box two days before the race at the usual time
				of closing, the horse is automatically out.
(3) The declaration of a horse out of an
				engagement is irrevocable.
(4) All
				horses must be scratched at the designated scratch time.
(5) If the miscarriage of any declaration by
				mail or otherwise is alleged, satisfactory proof of such miscarriage shall be
				required of the complainant, otherwise the declaration shall not be accepted as
				of the time alleged.
(6) Any
				trainer who has entered a horse, will be allowed to scratch from said race
				prior to scratch time, if horses are present on the also eligible list. If
				there are more requests to withdraw than are available, permission to withdraw
				shall be granted first to the also eligible horses by lot, and thereafter to
				the in-today horses in the same manner. However, in all races involving the
				daily double, no entry may be withdrawn that would reduce the starting field to
				less than the number designated by the racing secretary, without permission of
				the stewards. No other entries will be excused as provided above except upon
				receipt of a veterinarian certificate of unfitness.
(7) A horse which has been excused from
				starting by a veterinarian certificate of unfitness shall not be eligible to be
				entered for three calendar days excluding the day the horse was excused. Such
				subsequent entry must be accompanied by a certificate of fitness from the track
				veterinarian, and must be approved by the stewards.
(8) Husband and wife will be considered as
				one entity for entry purposes.
(9)
				Any horse which has qualified or drawn into a stakes race, other than an
				overnight stakes race, can be scratched from that stakes race for any reason
				prior to the start of the race. The scratch of a horse from a stake race is
				irrevocable.
AUTH:
					 23-4-202, MCA; IMP:
					 23-4-104,
					 MCA
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3005 - WALKING OVER

Current through Register Vol. 13, July 5, 2024
(1) If, at the time
				for saddling, only one horse shall have weighed out, that horse shall be ridden
				past the judge's stand to go to the post and then move over the course. He
				shall then be deemed the winner. In case of a walkover, the horse walking over
				shall receive:
(a) In overnight races,
				one-half of the winner's rightful share of first money.
(b) In stake races, one-half of the winner's
				share of the added money, plus all nomination, sustaining, subscription and
				entry fees.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3007 - POST TO FINISH

Current through Register Vol. 13, July 5, 2024
(1) No horse shall
				be whipped the first 30 yards away from the gate.
(2) When clear, a horse may be taken to any
				part of the course, however, crossing or weaving in front of contenders may
				constitute interference or intimidation for which the offender may be
				disqualified and the jockey disciplined.
(3) A horse crossing another so as actually
				to impede him is disqualified, unless the impeded horse was partly in fault, or
				the crossing was wholly caused by the fault of some other horse or
				jockey.
(4) If a horse or jockey
				jostle another horse, the aggressor may be disqualified, unless the jostled
				horse or his jockey was partly at fault or the jostle was wholly caused by the
				fault of another horse or jockey.
(5) If a jockey willfully strikes another
				horse or jockey or uses his whip in a manner to impede another horse or rides
				carelessly so as to injure another horse or jockey, when the other horse or
				jockey is no way at fault, or so as to cause other horses to do so, his horse
				may be disqualified and the jockey disciplined. A jockey shall not strike the
				horse he is riding in the head or shall he otherwise abuse the horse he is
				riding.
(6) When a horse is
				disqualified under this rule any other horse or horses in the same race coupled
				as an entry may be disqualified.
(7) Complaints under this rule can only be
				received from the owner, trainer or jockey of the horse alleged to be
				aggrieved, and must be made to the clerk of the scales or to the stewards
				before or immediately after his jockey has passed the scales. But nothing in
				this rule shall prevent the stewards from taking cognizance of any
				foul.
(8) Any jockey against whom a
				foul is claimed shall be given the opportunity to give an explanation to the
				stewards before any decision is made by them.
(9) A jockey whose horse has been
				disqualified or who unnecessarily causes his horse to shorten his stride with a
				view to complaint, or an owner, trainer or jockey who complains frivolously
				that his horse was crossed or jostled may be disciplined.
(10) All horses are expected to give their
				best efforts in races in which they run, any instructions or advice to jockeys
				to ride or handle their mounts otherwise than for the purpose of winning are
				forbidden and will subject all persons giving or following such instructions or
				advice to disciplinary action by the stewards and the board.
(11) If a horse, during the running of a
				race, becomes crippled or otherwise unable to finish (broken bone, profuse
				bleeding or any other disabling condition), he shall be dismounted, unsaddled
				and removed from the track without passing the stand. Jockey in this case will
				not be required to weigh in.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3008 - OBJECTIONS - PROTESTS

Current through Register Vol. 13, July 5, 2024
(1) A protest,
				except a protest involving fraud, may be filed only by the owner (or his
				authorized agent), trainer, jockey of a horse engaged in the race over which
				the protest is made or by a racing official of the meeting.
(2) A protest involving fraud may be made by
				any person.
(3) A protest, except a
				claim growing out of happenings in the running of the race, must be made in
				writing, signed by the complainant and filed with the stewards before post time
				of the race in question.
(4) To
				merit consideration, a protest against the programmed distance of a race must
				be made at least 30 minutes before post time for that race, but nothing in this
				rule shall affect the rule for races run at a wrong distance as compared with
				the official program.
(5) To merit
				consideration, an objection against a horse based on a happening in a race must
				be made to the stewards before the placing of the horses for that race has been
				officially confirmed. Objections may be lodged by the horse's owner, trainer or
				jockey.
(6) If a jockey wishes to
				lodge an objection regarding a happening in a race, the jockey must notify the
				clerk of the scales immediately upon the jockey's arrival at the scales for
				weighing in. The clerk of scales will thereupon put the jockey in touch with
				the stewards by telephone.
(7)
				Pending the determination of a protest against a steward's decision, any money
				or prize won by a protested horse, or any other money affected by the outcome
				of the protest shall be held by the licensee until the protest is
				determined.
(8) A protest against a
				steward's decision may not be withdrawn without permission of the
				board.
(9) No person shall make
				frivolous objections or protests.
(10) The stewards shall keep a record of all
				objections and protests and of any action taken thereon and shall report both
				daily to the board.
(11) In the
				event of mechanical failure or interference during the running of a race which
				affects one or more of the horses in such race, the stewards may declare the
				race as no contest. Any wagers on such races called off, canceled or declared
				as no contest shall be refunded, and no purse, prize or stakes shall be
				awarded. A race shall be canceled if no horse covers the course.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3009 - DEAD HEATS

Current through Register Vol. 13, July 5, 2024
(1) When two or
				more horses run a dead heat, the dead heat shall not be run off.
(2) The owners of the horses in a dead heat
				shall divide equally the purse money involved.
(3) If a dead heat is for first place, each
				horse shall be considered as winner of the amount received.
(4) When a dead heat is run for second place
				and an objection is made to the winner of the race and sustained, the horses
				which run the dead heat shall be deemed to have run a dead heat for first
				place.
(5) Owners shall divide
				equally all monies and other prizes and if no agreement can be reached as to
				which of them should receive a cup, place or other individual prize, they shall
				draw lots for it in the presence of one or more of the stewards.
Sec.
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.31 - Simulcast Rules › Rule 8.22.3101 - DIRECTOR OF SIMULCAST NETWORK

Current through Register Vol. 13, July 5, 2024
(1) Each holder of
				a simulcast network license shall name a director of simulcast network. It
				shall be this director's duty to coordinate the selection and transmittal of
				races and parimutuel information from originating tracks to simulcast
				facilities. He shall act as a liaison between the simulcast network licensee,
				the simulcast facility licensees, the licensed race tracks, and the board and
				its representatives, and shall supervise the management of the statewide
				wagering pools and assure that parimutuel statutes and rules are complied with
				and that moneys are correctly deposited and paid.
Sec.
					 23-4-104,
					 23-4-202,
					 37-1-131, MCA; IMP, Sec.
					 23-4-104,
					 23-4-202,
					 23-4-301,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.31 - Simulcast Rules › Rule 8.22.3102 - DIRECTOR OF SIMULCAST FACILITY

Current through Register Vol. 13, July 5, 2024
(1) Each holder of
				a simulcast facility license shall name a director of simulcast facility for
				its facility. It shall be this director's duty to coordinate the selection and
				transmittal of races and parimutuel information for the simulcast facility. The
				director shall act as liaison between the simulcast facility licensee, the
				simulcast network licensee, and the board and its representatives.
Sec.
					 23-4-104,
					 23-4-202,
					 37-1-131, MCA; IMP, Sec.
					 23-4-104,
					 23-4-202,
					 23-4-301,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.31 - Simulcast Rules › Rule 8.22.3103 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Simulcast
				facilities shall run the same race cards as the host tracks run, except as
				permitted by the board.
(2) The
				board reserves the authority to require that incoming simulcast signals of any
				specific race or race meet be in cryptic form.
(3) If a video simulcast signal or part of a
				video signal is lost prior to race being run, but the audio signal continues,
				parimutuel wagering may continue provided that the odds display is
				available.
(4) If all video and
				audio simulcast signals are lost prior to post time, and until the race is run,
				parimutuel wagering shall cease. However all wagers made prior to the loss of
				all such signals shall remain in the pool and winning tickets may be paid
				therefrom. No further wagers shall be accepted until the signal
				resumes.
Sec.
					 23-4-104,
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.31 - Simulcast Rules › Rule 8.22.3104 - PORTION OF EXOTIC WAGERING FOR PURSES

Current through Register Vol. 13, July 5, 2024
(1) In accordance
				with 23-4-202(4), MCA,
				2% of exotic wagering on live racing shall be immediately and equally
				distributed to all purses for the race day except purses of stakes
				races.
Sec.
					 23-4-104,
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 23-4-202,
					 MCA;
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.32 - Medication › Rule 8.22.3201 - GENERAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The board may
				require the licensee to set apart a building or other enclosure in a building
				in a location acceptable to the board containing such facilities for medication
				or other test of horses as may be required by the board.
(2) All horses entered in races held under
				these rules may be subject to inspection by the track veterinarian at any time
				before or after a race. After each race whenever possible a urine and/or hair
				and/or post-race serum or plasma sample shall be collected from each winning
				horse and such other horses as may be designated by the stewards. Such samples
				shall be designated as official samples and they shall be sealed in the
				presence of the trainer or his or her authorized representative and an official
				receipt signed by such person to indicate that the sample is a true and prompt
				sample from the horse in question shall be given.
(3) The stewards of the meeting may require
				at any time that any horse be sent to the testing enclosure for the taking of
				such specimens of saliva, urine, hair and/or blood as shall be directed, as
				well as for an examination for "sponging" and other examinations as may be
				directed.
(4) The trainer or his
				authorized representative must be present in the testing enclosure when saliva,
				urine or other specimen is taken from his horse, and must remain until the
				sample tag attached to the specimen shall be signed by the trainer or his
				representative as witness to the taking of the specimen. Willful failure to be
				present at or refusal to allow the taking of any such specimen, or otherwise to
				interfere therewith, shall subject the person or persons guilty thereof, to
				immediate disciplinary action by the stewards of the meeting and the matter
				shall be referred to the board for such further action as in their discretion
				they may determine.
(5) All
				specimens taken by or under the direction of the track veterinarian or other
				authorized representative of the board shall be delivered to the laboratory
				approved by the board for official analysis. Each specimen shall be marked by
				number and date and may also bear such information as may be essential to its
				proper analysis; but the identity of the horse from which the specimen was
				taken or the identity of its owner, trainer, jockey, or the stable shall not be
				revealed to the laboratory.
(a) The container
				of each specimen shall be sealed as soon as the specimen is placed therein, and
				each such seal shall bear the name of the race meet.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.32 - Medication › Rule 8.22.3202 - PERMISSIBLE MEDICATION

Current through Register Vol. 13, July 5, 2024
(1) No horse
				participating in a race shall carry in its body any substance foreign to the
				natural horse except as hereinafter provided.
(2) No foreign substance shall be
				administered to a horse entered to race by injection, oral administration,
				rectal infusion or suppository or by inhalation within 24 hours prior to the
				scheduled post time for the first race, except as hereinafter provided.
(3) The only substances permitted
				to be administered to a horse by this rule is phenylbutazone (Butazoladin) or
				derivatives thereof and furosemide (Lasix).
(4) Phenylbutazone shall be administered in a
				dosage amount such that concentrations shall not exceed 2 micrograms per
				milliliter of post-race serum or plasma.
(5) Race day medication is allowed in
				treatment of EIPH (exercise induced pulmonary hemorrhage). Up to 250 mg (5cc or
				50 md/ml) furosemide (Lasix) IV is permitted up to four hours before race time.
				A horse racing with furosemide must show a detectable concentration of the drug
				in the post-race serum or plasma, not to exceed 100 nanograms per
				milliliter.
(6) A horse which,
				during a race or following a race, or which, during exercise or following
				exercise, is found to be hemorrhaging from one or both nostrils or is found to
				have bled into its trachea as determined by endoscopic examination is eligible
				to be placed on the Lasix list and treated on race day to prevent bleeding
				during its race.
(7) In order to
				obtain authorization for race day treatment of the bleeder, the horse's trainer
				must:
(a) provide evidence that the horse was
				certified as a bleeder by another state; or
(b) provide an affidavit signed by a
				veterinarian stating that the horse had bled; or
(c) have had the affected horse bleed as
				witnessed by the official veterinarian on the track or in the test
				barn.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.33 - Corrupt Practices and Penalties › Rule 8.22.3302 - DEFINITION OF CONDUCT DETRIMENTAL TO THE BEST INTERESTS OF RACING

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of implementing
				23-4-202(2), MCA,
				as amended, and also of defining conduct which the board considers detrimental
				to the best interest of racing, the board rules that the following conduct is
				detrimental to the best interest of racing but these rules are not intended to
				limit the application of the phrase or otherwise to be exclusive:
(a) disturbance of the peace on the grounds
				of a race meet;
(b) fighting,
				brawling, assault, intimidation, causing an altercation or participating in an
				altercation on the grounds of a race meet;
(c) use of boisterous, abusive and excessive
				profanity on the grounds of a race meet;
(d) committing moving traffic motor vehicle
				violations on the premises of a race meet;
(e) carrying fire arms or other dangerous
				weapons on the grounds of a race meet;
(f) mutilating or maiming of a race horse or
				other animal;
(g) possession, sale
				or giving away a controlled drug or other chemical substance on the grounds of
				a race meet without a valid prescription;
(h) negotiating stolen checks and issuing bad
				checks;
(i) having been convicted
				of a crime involving horse racing or a felony but not having completed state
				supervision;
(j) making unwarranted
				or frivolous claims of foul;
(k)
				disobeying orders from stewards;
(l) entering a horse at more than one race
				meet on the same day.
(m) wagering
				money or anything of value either directly or indirectly, on the result of any
				race at any licensed race meet in this state, by any presiding licensed
				official.
(n) making frivolous
				appeals from stewards rulings;
(o)
				violating the board's corrupt practices rules;
(p) violating statutes and rules relating to
				horse race regulation in the state of Montana.
(q) failing to cooperate with an
				investigation by the board, or by a board of stewards, by:
(i) not furnishing requested papers or
				documents;
(ii) not furnishing a
				full and complete explanation of matters referred to in a complaint filed with
				the board;
(iii) not responding to
				subpoenas issued by the board;
(iv)
				willfully misrepresenting facts to a board investigator;
(v) using threats, harassment, extortion or
				bribery on potential witnesses to discourage them from cooperating with an
				investigation or from testifying.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.33 - Corrupt Practices and Penalties › Rule 8.22.3303 - ALCOHOL AND DRUG TESTING

Current through Register Vol. 13, July 5, 2024
(1) No licensee of
				any entity associated with the conduct of racing while on the grounds of a
				licensed race track or simulcast facility shall have present within the
				licensee's system any amount of alcohol which would constitute legal impairment
				or intoxication.
(2) A designated
				board of horse racing representative may direct any such licensee or employee
				to submit to a breathalyzer test. Such licensee or employee shall, when so
				directed, submit to such examination. If the results thereof show a reading
				of.05 percent alcohol content or more, such licensee or employee shall not be
				permitted to continue his/her duties for that day. Such licensee or employee
				shall then be subject to fine or suspension by the stewards or board of horse
				racing.
(3) For a subsequent
				alcohol related violation such licensee shall be subject to procedures outlined
				in (18).
(4) No licensee of any
				entity associated with the conduct of racing while on the grounds of a licensed
				race track or simulcast facility shall have within the licensee's system any
				controlled substance as listed in the U.S. Code, Title 21 (Food and Drug Laws)
				or any prescription drug unless such prescription drug was obtained directly or
				pursuant to valid prescription or order from a licensed physician.
(a) Jockeys shall be required to furnish
				urine or blood samples as part of their pre-licensing medical examination for
				drug screening purposes.
(b)
				Refusal to submit to the test, or test results reporting a presence of illegal
				drugs or narcotics, or the use of non-prescription drugs shall be grounds for
				refusal to license the applicant. Any use or possession of illegal drugs that
				constitutes a felony shall preclude any further consideration of the license
				application.
(c) Licensees found to
				be involved in the illegal sale, manufacture or distribution of any
				narcotic/drug will be subject to license disciplinary action.
(d) Licensees demonstrating addiction to any
				narcotic/drug will be subject to license disciplinary action.
(e) Any improper use of any narcotic/drug by
				a licensee after licensing will be grounds for license disciplinary
				action.
Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.34 - Parimutuel Operations › Rule 8.22.3401 - GENERAL RULES

Current through Register Vol. 13, July 5, 2024
(1) Betting will
				only be permitted by means of a parimutuel system or totalizator system that
				has been approved by the board of horse racing.
(2) No employee of the licensee or of the
				totalizator company, or of the parimutuel department, may bet for himself or
				any other person during a race meeting in which he or she is a licensed
				employee.
(3) Any claim by a person
				that a wrong ticket has been delivered to him must be made before leaving that
				mutuel ticket window. No claim shall be considered thereafter and no claim
				shall be considered for tickets thrown away, lost, changed, destroyed or
				mutilated beyond identification. Payment of wagers will be made only on
				presentation of appropriate parimutuel tickets.
Sec.
					 23-4-104,
					 23-4-202, MCA; IMP, Sec.
					 23-4-104,
					 23-4-202,
					 23-4-301,
					 23-4-302,
					 23-4-303,
					 MCA;