Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.11 - Rules of the Race

Current through Register 1525, July 5, 2024
(1)
Entries and Nominations
.
(a)
Entering
. No
			 horse shall be qualified to start unless it has been and continues to be
			 entered.
(b)
Procedure
.
1.
			 Entries and nominations shall be made with the racing secretary and shall not
			 be considered until received by the racing secretary, who shall maintain a
			 record of time of receipt of them for a period of one year.
2. An entry shall be in the name of the
			 horse's licensed owner and made by the owner, trainer or a licensed designee of
			 the owner or trainer.
3. Races
			 printed in the condition book shall have preference over substitute and extra
			 races.
4. An entry must be in
			 writing, by telephone or facsimile machine to the racing secretary. The entry
			 must be confirmed in writing should the stewards or the racing secretary so
			 request.
5. The person making an
			 entry shall clearly designate the horse so entered.
6. No alteration may be made in any entry
			 after the closing of entries, but an error may be corrected with permission of
			 the stewards.
7. No conditional
			 entries will be accepted.
8. No
			 horse may be entered in more than one race (with the exception of stakes races)
			 to be run on the same day on which pari-mutuel wagering is conducted.
9. Any permitted medication or approved
			 change of equipment must be declared at time of entry.
(c)
Coupled Entries
.
1. Two or more horses that are entered in a
			 race shall be joined as a mutuel entry and single betting interest if they are
			 owned or leased in whole or in part by the same owner.
2. No more than two horses having common ties
			 through ownership or training may be entered in an overnight race. Under no
			 circumstances may both horses of a coupled entry start to the exclusion of a
			 single entry. When making a coupled entry, a preference for one of the horses
			 must be made.
(d)
Nominations
.
1. Any
			 nominator to a stakes race may transfer or declare such nomination prior to
			 closing.
2. Any one ofjoint owners
			 of a horse may make joint nominations and entries, and each such owner shall be
			 jointly and severally liable for all payments due.
3. Death of a horse, or a mistake in its
			 entry when such horse is eligible, does not release the nominator or transferee
			 from liability for all stakes fees due. No fees paid in connection with a
			 nomination to a stakes race that is run shall be refunded, except as otherwise
			 stated in the conditions of a stakes race.
4. Death of a nominator to a stakes race
			 shall not render void any subscription, entry or right of entry. All rights,
			 privileges and obligations shall be attached to the legal heirs of the decedent
			 or the successor owner of the horse.
5. When a horse is sold privately or at
			 public auction or claimed, stakes engagements shall be transferred
			 automatically to its new owner; except when the horse is transferred to a
			 person whose license is suspended or who is otherwise unqualified to race or
			 enter the horse, then such nomination shall be void as of the date of such
			 transfer.
6. All stakes fees paid
			 toward a stakes race shall be allocated to the winner unless otherwise provided
			 by the conditions for the race. If a stakes race is not run for any reason, all
			 such nomination fees paid shall be refunded.
(e)
Closings
.
1. Entries for purse races and nominations to
			 stakes races shall close at the time designated by the association in
			 previously published conditions for such races. No entry, nomination or
			 declaration shall be accepted after such closing time; except in the event of
			 an emergency or if an overnight race fails to fill, the racing secretary may,
			 with the approval of a steward, extend such closing time.
2. Except as otherwise provided in the
			 conditions for a stakes race, the deadline for accepting nominations and
			 declarations is midnight of the day of closing, provided they are received in
			 time for compliance with every other condition of the race.
(f)
Number of Starters
			 in a Race
. The maximum number of starters in any race shall be
			 limited to the number of starting positions afforded by the association
			 starting gate and its extensions. The number of horses that, in the opinion of
			 the stewards, can be afforded a safe, fair and equal start may further limit
			 the number of starters.
(g)
Split or Divided Races
.
1. In the event a race is canceled or
			 declared off, the association may split any overnight race for which
			 postpositions have not been drawn.
2. Where a overnight race is split, forming
			 two or more separate races, the racing secretary shall give notice of not less
			 than 15 minutes before such races are closed to grant time for making
			 additional entries to such split races.
(h)
Post Positions
.
			 Post positions for all races shall be determined by lot and shall be publicly
			 drawn in the presence of a steward or steward designee.
(i)
Also-eligible
			 List
.
1. If the number of
			 entries for a race exceeds the number of horses permitted to start, the racing
			 secretary may create and post an also-eligible list.
2. If any horse is scratched from a race for
			 which an also-eligible list was created, a replacement horse shall be drawn
			 from the also-eligible list into the race in order of preference. If none is
			 preferred, a horse shall be drawn into the race from the also-eligible list by
			 public lot.
3. Any owner or trainer
			 of a horse on the also-eligible list who does not wish to start the horse in
			 such race shall so notify the racing secretary prior to scratch time for the
			 race.
(j)
Preferred List
.
1.
			 The racing secretary shall maintain a list of entered horses eliminated from
			 starting by a surplus of entries, and these horses shall constitute a preferred
			 list and have preference. The manner in which the preferred list shall be
			 maintained and all rules governing such list shall be the responsibility of the
			 racing secretary. Such rules must be submitted to the Commission 30 days prior
			 to the commencement of the race meeting and are subject to the approval of the
			 Commission.
2. A copy of the
			 preferred list will be posted each afternoon and any claim of error must be
			 made by 10:00 A.M. of the following race day, and the Stewards will recognize
			 no claim of error not made within the prescribed time.
3. In entering horses on the preferred list a
			 claim of preference must be made at the time of entry and noted on the entry or
			 preference shall be lost, and no claim of error will be considered by the
			 Stewards if the person making the claim has signed an entry not marked in
			 keeping with
			 205 CMR
			 4.00.