Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 4 - Flat and Steeplechase Racing › Section 810 KAR 4:001 - Definitions for 810 KAR Chapter 4

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 230
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2)(a) and (c)
				authorize the Kentucky Horse Racing Commission to regulate conditions under
				which thoroughbred racing shall be conducted in Kentucky. KRS 230.260(8)
				authorizes the commission to prescribe necessary and reasonable administrative
				regulations and conditions under which horse racing at a horse race meeting
				shall be conducted in Kentucky. This administrative regulation defines the
				terms used in 810 KAR Chapter 4.
Section
			 1. Definitions.
(1) "Added money"
			 means the amount of money, exclusive of trophy, added into a stakes race by an
			 association, a sponsor, a state-bred program, or other fund, and that is in
			 addition to stakes fees paid by subscribers.
(2) "Age" means the number of years since a
			 horse was foaled, reckoned as if the horse was foaled on January 1 of the year
			 in which the horse was foaled.
(3)
			 "Allowance race" means a race in which contestants receive weight allowance
			 based on performance or winnings as stipulated in the conditions of the
			 race.
(4) "Also eligible" means in
			 flat racing an eligible horse, properly entered, which is not drawn for
			 inclusion in a race, but which becomes eligible according to preference or lot
			 if another horse is scratched prior to the scratch time deadline.
(5) "Appeal" means a request for the
			 commission to investigate, consider, and review any decision or ruling of a
			 steward or official of a meeting.
(6) "Arrears" means all sums due by a
			 licensee as reflected by his or her account with the horsemen's bookkeeper,
			 including subscriptions, jockey fees, forfeitures, and any default incident to
			 KAR Title 810.
(7) "Association" is
			 defined by KRS 230.210(6).
(8)
			 "Authorized agent" means in flat racing any person currently licensed as an
			 agent for a licensed owner, jockey, or jockey apprentice by virtue of notarized
			 appointment of agency filed with the commission.
(9) "Calendar days" means consecutive days
			 counted irrespective of number of racing days.
(10) "Claiming race" means a race in which
			 ownership of a horse participating in the race may be transferred in conformity
			 with  810 KAR 4:050.
(11) "Closing"
			 means the time published by the association after which entries for a race are
			 not accepted by the racing secretary.
(12) "Coggins test" means a blood test used
			 to determine if a horse is positive for Equine Infectious Anemia.
(13) "Commission" is defined by  810 KAR 6:001.
(14) "Conditions" means
			 qualifications that determine a horse's eligibility to be entered in a
			 race.
(15) "Coupled entry" means
			 two (2) or more horses in a race that are treated as a single betting interest
			 for pari-mutuel wagering purposes.
(16) "Day" means any twenty-four (24) hour
			 period beginning at 12:01 a.m. and ending at midnight.
(17) "Declaration" means in flat racing the
			 withdrawal of a horse entered in a race prior to time of closing of entries for
			 the race in conformance with  810 KAR 4:030.
(18) "Directive" means an official order
			 issued by the commission or the executive director.
(19) "Disciplinary action" means action taken
			 by the stewards or the commission for a violation of KRS Chapter 230 or KAR
			 Title 810 and can include:
(a) Refusal to
			 issue or renew a license;
(b)
			 Revocation or suspension of a license;
(c) Imposition of probationary conditions on
			 a license;
(d) Issuance of a
			 written reprimand or admonishment;
(e) Imposition of fines or
			 penalties;
(f) Denial of purse
			 money;
(g) Forfeiture of purse
			 money; or
(h) Any combination of
			 paragraphs (a) through (g) of this subsection.
(20) "Disqualification" means a ruling of the
			 stewards or the commission revising the order of finish of a race.
(21) "Draw" means the process of determining
			 post positions by lot.
(22) "Entry"
			 means the act of nominating a horse for a race in conformance with KAR Title
			 810.
(23) "Equipment" means in flat
			 racing accoutrements other than ordinary saddle, girth, pad, saddle cloth, and
			 bridle carried by a horse, and includes riding crop, blinkers, tongue strap,
			 muzzle, hood, noseband, bit, shadow roll, martingale, breast plate, bandages,
			 boots, and racing plates or shoes.
(24) "Field" or "mutuel field" means a single
			 betting interest, which is not a mutuel entry, involving more than one (1)
			 horse.
(25) "Flipping halter" means
			 a halter used in the starting gate to help prevent a horse from flipping, which
			 is used in Quarter Horse races only.
(26) "Forfeit" means money due by a licensee
			 because of an error, fault, neglect of duty, breach of contract, or alternative
			 ruling of the stewards or the commission.
(27) "Foul" means any action by any jockey
			 that tends to hinder another jockey or any horse in the proper running of the
			 race.
(28) "Handicap race" means in
			 flat racing a race in which the weights to be carried by the horses are
			 assigned by the association handicapper with the intent of equalizing the
			 chances of winning for all horses entered in the race.
(29) "Horse" means any equine irrespective of
			 age or sex designation and registered for racing with the applicable breed
			 registry.
(30) "Ineligible" means a
			 horse or person not qualified under Title 810 KAR or conditions of a race to
			 participate in a specified racing activity.
(31) "Inquiry" means an investigation by the
			 stewards of a contest prior to declaring the result of the contest
			 official.
(32) "Jockey" means a
			 rider currently licensed to ride in races as a jockey, apprentice jockey,
			 amateur jockey, or a provisional jockey permitted by the stewards to ride in
			 three (3) races prior to applying for a license.
(33) "Lessee" means a licensed owner whose
			 interest in a horse is a leasehold.
(34) "Licensee" means an individual, firm,
			 association, partnership, corporation, trustee, or legal representative that
			 has been duly issued a currently valid license to participate in racing in the
			 Commonwealth.
(35) "Maiden" means
			 in flat racing, a horse that has never won a race at a recognized meeting in
			 any country.
(36) "Meeting" means
			 the entire period of consecutive days, exclusive of dark days, granted by the
			 commission to a licensed association for the conduct of live horse racing that:
(a) Begins at 10 a.m. of the first racing
			 day; and
(b) Extends through a
			 period ending one (1) hour after the last scheduled race of the last
			 day.
(37) "Month" means
			 calendar month.
(38) "Mutuel entry"
			 means a single betting interest involving two (2) or more horses entered in the
			 same race and joined for pari-mutuel purposes because of common ties as to
			 ownership or training so that a wager on one (1) horse joined in a mutuel entry
			 is a wager on all horses joined in the same mutuel entry.
(39) "Nominator" means the person in whose
			 name a horse is entered for a stakes race.
(40) "Objection" means a verbal claim of foul
			 in a race lodged by the horse's jockey, trainer, or owner before the race is
			 declared official.
(41) "Official
			 order of finish" means the order of finish of the horses in a contest as
			 declared official by the stewards.
(42) "Official time" means the elapsed time
			 from the moment the first horse crosses the timing beam until the first horse
			 crosses the finish line.
(43)
			 "Owner" means any person who holds, in whole or in part, any right, title, or
			 interest in a horse, or any lessee of a horse, who has been duly issued a
			 currently valid owner's license as a person responsible for the
			 horse.
(44) "Pari-mutuel wagering",
			 "mutuel wagering", or "pari-mutuel system of wagering" is defined by KRS 230.210(18).
(45) "Post" means the
			 starting point of a race.
(46)
			 "Post position" means the relative place assigned to each horse, numbered from
			 the inner rail across the track at the starting line, from which each horse is
			 to start a race.
(47) "Post time"
			 means the advertised moment scheduled for the arrival of all horses at the
			 starting point for a race.
(48)
			 "Protest" means a written objection charging that a horse is ineligible to
			 race, alleging improper entry procedures, or citing any act of an owner,
			 trainer, or official prohibited by rules, which, if true, would exclude that
			 horse or jockey from racing.
(49)
			 "Purse" means the gross cash portion of the prize for which a race is
			 run.
(50) "Purse race" means any
			 race for which entries close at a time designated by the racing secretary, and
			 for which owners of horses entered are not required by its conditions to
			 contribute money toward its purse.
(51) "Race" means a running contest between
			 horses, ridden by jockeys at a recognized meeting, during regular racing hours,
			 for a prize.
(52) "Race day" means
			 any period of twenty-four (24) hours beginning at 12:01 a.m. and ending at
			 midnight in which live racing is conducted by an association.
(53) "Racing official" means a racing
			 commission member, commission staff, as duties require, and all association
			 racing department employees, as duties require.
(54) "Recognized meeting" means any meeting
			 with regularly scheduled live horse races, licensed by and conducted under
			 administrative regulations promulgated by a governmental regulatory body, and
			 conducted with the applicable breed registry.
(55) "Registration certificate" means the
			 document, racing permit, or virtual certificate issued by the appropriate breed
			 registry identifying the horse for racing.
(56) "Result" means the part of the official
			 order of finish in a race used to determine the pari-mutuel payoff of
			 pari-mutuel pools.
(57) "Rulings"
			 means all determinations, decisions, or orders of the stewards or of the
			 commission duly issued in writing and posted.
(58) "Scratch" means the withdrawal of a
			 horse entered for a race after the time of closing of entries for the
			 race.
(59) "Scratch time" means the
			 time set by the racing secretary as a deadline for horsemen to indicate their
			 desire to scratch out of a race.
(60) "Specimen" means a sample of blood,
			 urine, or other biologic sample taken or drawn from a horse for chemical
			 testing.
(61) "Stakes" mean all
			 fees paid by subscribers to an added-money or stakes race for nominating,
			 eligibility, entrance, or starting, as required by the conditions of the race,
			 with the fees to be included in the purse.
(62) "Stakes race" means a race that closes
			 more than seventy-two (72) hours in advance of its running and for which
			 subscribers contribute money towards its purse.
(63) "Starter" means either:
(a) An official who dispatches the horses
			 from the starting gate; or
(b) A
			 horse in a race when the starting gate doors open in front of it at the moment
			 the starter dispatches the horses for the race.
(64) "Steward" means a duly appointed racing
			 official with powers and duties established in  810 KAR 2:040 serving at a
			 current meeting in the Commonwealth.
(65) "Subscription" means nomination or entry
			 of a horse in a stakes race.
(66)
			 "Suspended" means withdrawal of racing privileges by the stewards or
			 commission.
(67) "Thoroughbred
			 racing" is defined by KRS 230.210(32).
(68) "Tote" or "tote board" means the
			 totalizator.
(69) "Unplaced" means
			 a horse that finishes a race outside the pari-mutuel payoff.
(70) "Walkover" means a race in which the
			 only starter or all starters represent single ownership.
(71) "Weigh in" means in flat racing the
			 presentation of a jockey to the clerk of scales for weighing after a
			 race.
(72) "Weigh out" means in
			 flat racing the presentation of a jockey to the clerk of scales for weighing
			 prior to a race.