Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.11 - General Rules

Current through Register 1525, July 5, 2024
(1) The definitions
			 and interpretations of racing terms, heretofore set forth as well as
			 205 CMR 3.01, are to be
			 considered in connection with
			 205 CMR
			 3.00 and as part of
			 205 CMR
			 3.00.
(2)
			 All owners and trainers of horses and their stable employees are subject to
			 M.G.L. c. 128A and
			 205 CMR
			 3.00 immediately upon acceptance and occupancy of
			 stabling accommodations from or approved by an Association or upon making entry
			 to run on its track.
(3) Owners,
			 trainers and stable employees shall abide by M.G.L. c. 128A and
			 205 CMR
			 3.00 and accept the decision of the Judges on any and
			 all questions to which their authority extends, subject to their right of
			 appeal to the Commission.
(4) Every
			 person participating in and every patron of a licensed Race Meeting shall abide
			 by M.G.L. c. 128A and
			 205 CMR
			 3.00, and accept the Judges' decisions on any and all
			 questions to which their authority extends, subject to the right of appeal to
			 the Commission.
(5) Every person
			 who drives a horse on a track licensed by the Commission, whether exercising,
			 warming up or driving in a race shall wear a protective helmet that meets the
			 Safety Standards of
The Association of Racing Commissioners
			 International Model Rules of Racing
version 6.1, July, 2015.
(6) For the period of two hours before post
			 time of the first race of the day and until the racing program of the day has
			 been completed, every person who drives a horse on a track licensed by the
			 Commission, whether warming up for a race or driving in a race shall wear his
			 or her registered colors, which must be distinguishable at all times.
(7) No person shall use improper, profane or
			 indecent language to a racing official.
(8) No person shall in any manner, or at any
			 time, disturb the peace or make himself or herself obnoxious on the grounds of
			 the Association.
(9) Any person,
			 who participates in an unrecognized meeting anywhere, either as a racing
			 official or as an owner, trainer or driver, may be adjudged guilty of conduct
			 detrimental to racing.
(10) No
			 person or horse ruled off, or under full suspension by the United States
			 Trotting Association shall be admitted to the grounds of any
			 Association.
(11) No person, other
			 than an official of the Commission, shall be allowed in the Judges' Stand; the
			 space occupied by the Clerk of Course; the Timers Stand; and the space occupied
			 by the Program Director and his or her assistants for the period from ½
			 hour before post time of the first race of the day until the last race has been
			 declared "official" unless permission is obtained from the Judges for each
			 entry. Associations shall take such steps as are necessary to assist the Judges
			 in carrying out the provisions of 205 CMR 3.11(11).
(12) Any person who has been convicted by any
			 court anywhere for illegal possession, sale or giving away of narcotics may be
			 ruled off.
(13) If any owner,
			 trainer, driver, stable employee, or other person solicit bets from the public
			 by correspondence or other methods, to be made on any horse which is to run on
			 a track in Massachusetts, such person or persons shall be ruled off.
(14) When a person is ruled off a course or
			 suspended, every horse owned in whole or part by him or her shall be ineligible
			 to be entered or to start in any race until said horse has been reinstated
			 either by the rescinding of his or her owner's penalty or his or her transfer
			 through
bona fide
sale to an ownership acceptable to the
			 Judges.
(15) When a person is
			 suspended by the Judges of the meeting "from driving only" the ruling of the
			 Judges shall state whether or not the person suspended shall have the privilege
			 of the paddock during the period of his or her suspension.
(16) When a person is ruled off a course or
			 suspended, any horse which is under his or her care, management, training or
			 superintendence shall not be qualified to be entered or to start in any race
			 until said horse has been reinstated by the rescinding of said person's penalty
			 or by the placement of the horse in the hand of a licensed trainer and the
			 approval of the transfer by the Judges.
(17) When a person is ruled off a course or
			 suspended, he or she shall not be qualified, whether acting as agent or
			 otherwise to subscribe for or to enter or run any horse in any race either in
			 his or her own name or in that of any other person until the rescinding of that
			 person's penalty.
(18) Any horse
			 that has been the subject of fraudulent practice may be disqualified.
(19) When a person is ruled off for any
			 fraudulent practice in relation to a particular horse, wholly or partly
			 belonging to him or her, he or she shall return all money or prizes that such
			 horse has fraudulently won.
(20)
			 Violators of any rule will be subject to ejection from the grounds, and/or to
			 forfeiture, suspension or ruling off.
(21) Complaints against a racing official
			 other than a judge or his or her assistant shall be made to the judges in
			 writing and be signed by the complainant. Complaints against a judge shall be
			 made in writing to the Commission and be signed by the complainant.
(22) Printed for each racing day shall be a
			 program compiled by the Program Director which shall contain the names of the
			 horses that are to run in the races for that day, these names to appear in the
			 order of their post positions, the said position to be designated by numerals
			 placed at the left and in line with the name of the horses in each race, which
			 shall also be prominently displayed on each horse. The program shall also
			 contain, in addition to the horse's name, its sex, color, age, sire and dam;
			 the owner's name and address; the name of the trainer; the driver's name, date
			 of birth, and colors; class and/or sub-group of race; as many performance lines
			 of the current or preceding year as the USTA deems appropriate; an indication
			 if the driver is racing with a provisional license, and any other useful
			 information approved by the judges.
(23) Before a horse may go an official time
			 workout before the Judges, he or she must first be posted in the entry room of
			 the Association as being classified in the preferred or invitational category
			 at the current meeting in progress.
(24) Every Racing Association, the Commission
			 or Judges investigating for violations of
			 205 CMR
			 3.00 shall have the right to permit persons authorized
			 by any of them to search the person, or enter and search the building, stables,
			 room, vehicles or other places within the grounds of the Association or at
			 other places where horses which are eligible to race are kept together with the
			 personal property and effects contained therein. Every licensed person or
			 person permitted to pursue his or her occupation or employment within the
			 grounds or any Association by accepting his or her license or such permission
			 does thereby irrevocably consent to such search as aforesaid and waive and
			 release all claims or possible actions for damages that he or she may have by
			 virtue of any action taken under
			 205 CMR
			 3.00.
(25)
			 No licensee or other person under the jurisdiction of the Commission shall
			 subject or permit any animal under his or her control, custody or supervision
			 to be subjected to or to incur any form of cruelty, mistreatment, neglect or
			 abuse or abandon, injure, maim or kill or administer any noxious substance to
			 or deprive any animal of necessary care or sustenance, shelter or veterinary
			 care.