North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-02 - North Dakota Harness Racing Rules › Chapter 69.5-02-01 - Definitions › Section 69.5-02-01-23 - Offenses

Current through Supplement No. 393, July, 2024
1. No person may:
a. Commit any corrupt or fraudulent act in
				relation to a race or racing, nor attempt to enrich himself or his associates
				or gain an advantage through unfair, unlawful, or dishonest behavior in
				connection with the racing of horses.
b. Threaten any racing official, owner,
				trainer, driver, or any other person for the purpose of influencing the result
				of a race or any other reason.
c.
				Give, offer, or promise, directly or indirectly, a bribe in any form to any
				racing official, owner, trainer, driver, or any other person having access to,
				or in charge of a racehorse, for the purpose of influencing the result of a
				race or any other reason.
d.
				Accept, or offer to accept, any bribe in any form.
e. Enter or start a horse that is known to
				the person to be ineligible to the particular race in which it is entered or
				started.
f. Willfully or
				negligently start, or cause to start, a horse in a race other than the horse
				named in the entries.
g. Conspire
				with any other person to commit or connive with any other person to commit, any
				corrupt or fraudulent act in relation to a race or racing.
h. Offer or give a driver money or any other
				benefit, except an official prize, in relation to a race unless it is done as
				or on behalf of the owner or trainer of the horse driven in a race by that
				driver. If the person is approached with any offer or promise of a bribe, or a
				wager, or with a request or suggestion for a bribe, or for any corrupt or
				fraudulent act in relation to racing, or to conduct a race other than fairly
				and honestly, the person shall report details of the matter on which the person
				was approached immediately to the board of judges.
i. Provide inaccurate information about the
				performance of a horse, or attempt to have misleading information given in a
				program.
j. Tamper with an
				eligibility certificate for the purpose of obtaining unauthorized changes or
				entries.
k. Unduly agitate or
				otherwise abuse a horse by chaining, whipping, or otherwise.
l. Possess or apply any electrical,
				mechanical device, spurs, goading device, or other expedient designed to
				increase or decrease the speed of a horse or intended to do so, other than the
				ordinary whip at any time on the grounds of an association during a meeting
				whether in a race or otherwise.
m.
				Attempt to or conspire with another or others to stimulate or depress a horse
				through the administration of any drug, controlled substance, stimulant,
				depressant, local anesthetic or analgesic that may affect the performance of a
				horse in a race.
n. Unless such
				person is a registered veterinarian, have within the grounds of a racetrack or
				the stable area thereof, in such person's possession or in such person's
				effects or in the premises occupied by such person, any controlled substance or
				drug, as defined in subsection 4, or any hypodermic syringe or
				needles.
o. Within the grounds of
				racetrack where racehorses are lodged or kept, have in such person's
				possession, or in or upon the premises such person occupies, any medicine or
				vitamin preparations used for the treatment of horses unless it is contained in
				a properly marked and numbered container, or the name of the veterinarian who
				prescribed and the name of the druggist who dispensed the medication and the
				veterinarians' and the druggists' addresses.
p. Refuse to permit a horse to be tested in a
				saliva, blood, urine, or other test as required.
q. Enter or start a horse:
(1) That is not in a serviceably sound
				condition.
(2) That has been
				trachea tubed.
(3) That is totally
				blind.
(4) That has been nerved,
				unless it is a horse that has had a posterior digital neurectomy, the operation
				is recorded on the registration certificate, and the board of judges and the
				commission or association veterinarian is satisfied that the loss of sensation
				by that horse will not endanger the safety of that horse or any other horse or
				any driver and the board of judges upon the recommendation of the commission or
				association veterinarian permits the entry of that horse.
(5) In the current tracing season, including
				any meeting commencing in the current calendar year but extending into the next
				ensuing calendar year, a horse that has bled during or following a "warmup" or
				a race, after having previously bled during or following a "warmup" or a
				race.
r. Give
				instructions to a driver to handle a horse for any purpose other than to
				win.