Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 5 - Standardbred Racing › Section 810 KAR 5:001 - Definitions for 810 KAR Chapter 5

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.210,
				230.215,
				230.260,
				230.3615
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission to promulgate administrative regulations
				establishing conditions under which standardbred racing shall be conducted in
				Kentucky.
				KRS
				230.260(8) authorizes the
				commission to promulgate necessary and reasonable administrative regulations
				establishing conditions under which horse racing at a horse race meeting shall
				be conducted in this state. This administrative regulation defines the terms
				used in 810 KAR Chapter 5.
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 which 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)
			 "Also eligible" means in standardbred racing:
(a) 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; or
(b) The
			 next preferred nonqualifier for the finals, or consolation from a set of
			 elimination trials, which becomes eligible if a finalist is scratched by the
			 judges for a rule violation, or is otherwise eligible if written race
			 conditions permit.
(4)
			 "Appeal" means a request for the commission to investigate, consider, and
			 review any decision or ruling of a judge or official of a meeting.
(5) "ARCI" means the Association of Racing
			 Commissioners International.
(6)
			 "Association" is defined by
			 KRS
			 230.210.
(7) "Claiming race" means a race in which
			 ownership of a horse participating in the race may be transferred in conformity
			 with
			 810 KAR
			 5:030.
(8)
			 "Closing" means the time published by the association after which entries for a
			 race will not be accepted by the racing secretary.
(9) "Coggins test" means a blood test used to
			 determine if a horse is positive for Equine Infectious Anemia.
(10) "Commission" is defined in 810 KAR
			 6:001.
(11) "Condition race" means
			 an overnight race in which eligibility is determined according to specified
			 conditions, such as:
(a) Age;
(b) Sex;
(c) Earnings;
(d) Number of starts; or
(e) Positions of finishes.
(12) "Conditions" means
			 qualifications that determine a horse's eligibility to be entered in a
			 race.
(13) "Coupled entry" means
			 two (2) or more horses in a race that are treated as a single betting interest
			 for pari-mutuel wagering purposes.
(14) "Dash" means a race in a single trial or
			 in a series of two (2) or three (3) races governed by one (1) entry fee for the
			 series, in which:
(a) A horse starts in all
			 races with positions drawn for each race; and
(b) The number of purse distributions or
			 payouts awarded does exceed the number of starters in the race.
(15) "Day" means any twenty-four
			 (24) hour period beginning at 12:01 a.m. and ending at midnight.
(16) "Declaration" means the naming of a
			 particular horse as a starter in a particular race.
(17) "Disqualification" means a ruling of the
			 judges or the commission revising the order of finish of a race.
(18) "Draw" means the process of determining
			 post positions by lot.
(19)
			 "Driver" means a person who is licensed to drive a horse in a race.
(20) "Early closing race" means a race for a
			 definite amount of money in which entries close at least six (6) weeks prior to
			 the race.
(21) "Electronic
			 eligibility" means a computer-generated eligibility certificate that records a
			 horse's racing statistics.
(22)
			 "Elimination heat" means an individual heat of a race in which the contestants
			 qualify for a final heat.
(23)
			 "Entry" means the act of nominating a horse for a race in conformance with KAR
			 Title 810.
(24) "Extended
			 pari-mutuel meeting" means a meeting or series of meetings:
(a) At which an agricultural fair is not in
			 progress;
(b) With an annual total
			 of more than six (6) days duration; and
(c) During which pari-mutuel wagering is
			 permitted.
(25) "Field"
			 or "mutuel field" means a single betting interest involving more than one (1)
			 horse that is not a mutuel entry.
(26) "Forfeit" means money due by a licensee
			 because of an error, fault, neglect of duty, breach of contract, or alternative
			 ruling of the judges or the commission.
(27) "Foul" means any action by any driver
			 that tends to hinder another driver or any horse in the proper running of the
			 race.
(28) "Futurity" means a stake
			 in which the dam of the competing animal is nominated either when in foal or
			 during the year of foaling.
(29)
			 "Handicap" means a race in which allowances are made according to a horse's:
(a) Age;
(b) Sex;
(c) Claiming price; or
(d) Performance.
(30) "Horse" means any equine registered for
			 racing with the applicable breed registry, irrespective of age or sex
			 designation.
(31) "Ineligible"
			 means a horse or person not qualified under Title 810 KAR or conditions of a
			 race to participate in a specified racing activity.
(32) "In harness" means that the performance
			 will be to a sulky.
(33) "Judge"
			 means a duly appointed racing official with powers and duties established in
			 810 KAR
			 2:050 serving at a current meeting in the
			 Commonwealth.
(34) "Late closing
			 race" means a race for a fixed amount of money in which entries close less than
			 six (6) weeks but more than three (3) days before the race is to be
			 contested.
(35) "Lessee" means a
			 licensed owner whose interest in a horse is a leasehold.
(36) "Licensed premises" is defined by
			 KRS
			 230.210.
(37) "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.
(38) "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.
(39) "Month" means
			 calendar month.
(40) "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.
(41) "Nomination" means a subscription or
			 entry of a horse in a stakes or early closing race.
(42) "Nominator" means the person in whose
			 name a horse is entered for a stakes race.
(43) "Objection" means a verbal claim of foul
			 in a race lodged by the horse's driver, trainer, or owner before the race is
			 declared official.
(44) "Official
			 time" means the elapsed time from the moment the first horse crosses the timing
			 beam until the first horse crosses the finish line.
(45) "Overnight race" means a contest for
			 which entries close at a time set by the racing secretary.
(46) "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.
(47)
			 "Pari-mutuel wagering," "mutuel wagering", or "pari-mutuel system of wagering"
			 is defined by
			 KRS
			 230.210.
(48) "Patron" means an individual present at
			 a track, a licensed premises, or a simulcast facility who observes or wagers on
			 a live or historical horse race.
(49) "Post" means the starting point of a
			 race.
(50) "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.
(51) "Post time" means the
			 advertised moment scheduled for the arrival of all horses at the starting point
			 for a race.
(52) "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, driver, or
			 official prohibited by rules which, if true, would exclude that horse or driver
			 from racing.
(53) "Purse" means the
			 gross cash portion of the prize for which a race is run.
(54) "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.
(55) "Race" means
			 a running contest between horses, driven by drivers at a recognized meeting,
			 during regular racing hours, for a prize.
(56) "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.
(57) "Racing official" means a racing
			 commission member, commission staff, as duties require, and all association
			 racing department employees, as duties require.
(58) "Registration certificate" means the
			 document, racing permit, or virtual certificate issued by the appropriate breed
			 registry identifying the horse for racing.
(59) "Result" means the part of the official
			 order of finish in a race used to determine the pari-mutuel payoff of
			 pari-mutuel pools.
(60) "Rulings"
			 means all determinations, decisions, or orders of the judges or of the
			 commission issued in writing and posted.
(61) "Scratch" means the withdrawal of a
			 horse entered for a race after the time of closing of entries for the race in
			 conformance with Title 810 KAR.
(62) "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.
(63) "Simulcasting"
			 is defined by
			 KRS
			 230.210.
(64) "Stable name" means a name used other
			 than the actual legal name of an owner or lessee and that has been registered
			 with the United States Trotting Association.
(65) "Stake" means a race that will be
			 contested in a year subsequent to the closing of that year in which:
(a) The money given by the association
			 conducting the race is added to the money contributed by the nominators, all of
			 which, except deductions for breeders or nominator's awards, belongs to the
			 winner or winners; and
(b) Except
			 as established in
			 810 KAR
			 5:050, Section 6, all of the money contributed by the
			 nominators belongs to the winner or winners.
(66) "Stakes" mean all fees:
(a) Paid by subscribers to an added-money or
			 stakes race for nominating, eligibility, entrance, or starting, as required by
			 the conditions of the race; and
(b)
			 Included in the purse.
(67) "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.
(68) "Subscription" means nomination or entry
			 of a horse in a stakes race.
(69)
			 "Sulky" means a dual-wheel racing vehicle with dual shafts not exceeding the
			 height of the horse's withers.
(70)
			 "Suspended" means withdrawal of racing privileges by the judges or
			 commission.
(71) "USTA" means the
			 United States Trotting Association.
(72) "Year" means twelve (12) consecutive
			 months beginning with January and ending with December.