reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-07 - Licensing of employees

Current through Supplement No. 393, July, 2024
1. No
				person may be a simulcast employee unless that person is the holder of a valid
				license issued by the North Dakota racing commission. If the individual is
				already licensed to engage in the same type of employment related to
				pari-mutuel wagering in another jurisdiction that has the same or similar
				licensing requirements and standards, the commission may waive any
				administrative background check and fees. This exception does not apply to the
				principals and supervisory personnel of a service provider as identified by the
				commission.
2. The employment of
				an unlicensed person by a site operator or service provider is prohibited. Upon
				discharge of a licensed simulcast employee, the site operator or service
				provider shall report that fact to the commission, including the name and
				occupation of the discharged licensee and the reason for discharge.
3. The commission will not issue a license to
				a simulcast employee unless the application includes the prior endorsement of
				the employer.
4. The initial
				license fee and the renewal fee shall be prescribed by the commission. For each
				change of employment, name change, or replacement of a lost or destroyed
				license, a fee may be assessed as prescribed by the commission. The term of
				licenses shall be one calendar year.
5. Maintenance and administrative
				representatives of service providers and their vendors or suppliers must have
				current North Dakota racing commission licenses available for presentation
				prior to requesting admittance to restricted areas of sites. If such
				representatives are not licensed by the commission, they must be accompanied by
				a licensed representative or have the prior identification and endorsement of a
				licensed representative.
6. Each
				simulcast employee shall wear a valid license at all times while working in a
				simulcast site. The license must be worn on the upper one-third of the
				employee's body. All information on the license or permit must be easily
				visible. No license may be transferred to any other person.
7. No employee or agent of a service provider
				may be employed by a site operator. No employee of a site operator may be
				employed by a service provider.
8.
				No simulcast employee may wager at a site while on duty. For purposes of this
				section, a simulcast employee taking a temporary break is still considered on
				duty.
General Authority:
NDCC
					 53-06.2-05
Law Implemented:
NDCC
					 53-06.2-05,
					 53-06.2-08,
					 53-06.2-10.1,
					 53-06.2-14
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-08 - North Dakota tracks offering extended wagering

Current through Supplement No. 393, July, 2024
1. Subject to commission approval, a North
				Dakota track may authorize use of its simulcast for interstate wagering by
				out-of-state betting systems provided the North Dakota track files with the
				commission a copy of the agreement with the out-of-state betting system which
				sets forth the payment to the North Dakota track for use of its simulcast, and
				of any agreements required by chapter 57, including section 3001, et seq. of
				title 15 of the United States Code.
2. Every North Dakota sending track
				simulcasting its racing program shall contract with a simulcast service
				provider for the purpose of providing authorized users with its
				simulcast.
3. The North Dakota
				sending track is responsible for the content of its simulcast and shall use all
				reasonable effort to present a simulcast which offers the viewers an exemplary
				depiction of its racing program, a periodic display of wagering information,
				and continuity programming between horse racing events.
4. Unless otherwise permitted by the
				commission, the sending track simulcast will contain in its video content a
				digital display of the actual time of day, the name of the racetrack from where
				it emanates, the number of the race being displayed, and the sequential
				fractional time of the race as the race is being run.
General Authority:
NDCC
					 53-06.2-05
Law Implemented:
NDCC
					 53-06.2-10.1
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-09 - Denial, suspension, and revocation of licenses

Current through Supplement No. 393, July, 2024
1. Reasons for denial, suspension, and
				revocation. The commission may deny, suspend, or revoke licenses for just
				cause. Actions constituting just cause include:
a. Any action or attempted action by a person
				contrary to any law.
b. Corrupt
				practices, which include:
(1) Prearranging or
				attempting to prearrange the order of finish of a race.
(2) Failing to properly pay winnings to a
				bettor or to properly return change to a bettor purchasing a ticket.
(3) Falsifying or manipulating the odds on
				any entrant in a race.
c. Any violation of the rules of racing,
				simulcasting, or account wagering adopted by the commission.
d. Willful falsification or misstatement of
				facts in an application for a license.
e. Material false statement to a racing
				official or to the commission.
f.
				Willful disobedience of a commission order or of a lawful order of an agent of
				the commission.
g. Continued
				failure or inability to meet financial obligations.
h. Failure or inability to properly maintain
				a simulcast system, site, combined pari-mutuel pool, or account wagering
				system.
i. Failure to fulfill
				contractual obligations.
j. The
				suspension or revocation of racing or pari-mutuel wagering activity of the
				applicant or licensee by an out-of-state regulatory agency recognized by the
				commission.
k. Failure to meet the
				considerations of subsection 3 of section
				69.5-01-11-02.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-10 - Pari-mutuel wagering

Current through Supplement No. 393, July, 2024
The North Dakota racing commission has taken separate action
				  to adopt and incorporate the model rules of the association of racing
				  commissioners international, inc., in whole or in part as soon as adoption and
				  incorporation is practically possible.
General Authority: NDCC
					 53-06.2-05
Law Implemented: NDCC
					 53-06.2-10.1
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-10.1 - Interstate common pool participation

Current through Supplement No. 393, July, 2024
1. A service
				provider shall participate in common pool wagering by accepting wagers placed
				in other jurisdictions or by offering wagers on races run in other
				jurisdictions. The rules for a pari-mutuel pools established in the state of
				the live event pari-mutuel pool host apply.
2. All contracts submitted to the commission
				must be fully executed by all parties thereto and must include all attachments,
				addendums, and other documentation that constitute part of the contract. A
				service provider may submit only an addendum to a contract which increases the
				term of that contract if a copy of the original contract of which the addendum
				is part is currently on file with and has been approved by the commission. A
				service provider shall resubmit any contract, or any portion thereof, at the
				request of the commission.
General Authority:
NDCC
					 53-06.2-05
Law Implemented:
NDCC
					 53-06.2-10,
					 53-06.2-10.1
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-11.2 - Totalizator system general provisions

Current through Supplement No. 393, July, 2024
1. Pari-mutuel
				wagering utilizes a totalizator to pool wagers. The totalizator system may be
				located at a site, or may, subject to compliance with applicable law and rules,
				reside at another location other than within the state of North
				Dakota.
2. Wagering, subject to
				commission approval and compliance with applicable law and rules, may be
				accepted by separate totalizator systems in this or other jurisdictions and
				combined via communication between totalizator systems.
3. The commission may, without specific
				reference in these rules, utilize a designee for the purposes of certification,
				verification, inspection, testing, and investigation. A commission designee may
				be another commission or equivalent regulatory authority, a multi
				jurisdictional group of regulatory authorities, association of regulatory
				authorities, or auditing, consulting, security, investigation, legal services,
				or other qualified entities or persons.
4. The commission may enter into multi
				jurisdictional agreements with other regulatory authorities to facilitate
				certification of compliance with requirements by, and licensing of, service
				providers and totalizator companies. Such agreements shall, at a minimum,
				ensure certification and licensing requirements comparable to this
				jurisdiction.
5. If any daily
				electronic files or other totalizator data provided to the commission or a
				third-party auditor designated by the commission for receipt of such
				information is found to be inaccurate, the totalizator shall provide to the
				commission or its third-party auditor any data files or other date in whatever
				form that is requested.
6. A
				totalizator company shall provide access by the commission or its designated
				representative to its facility, records, and any other information as required
				by the commission or its representative.
General Authority:
NDCC
					 53-06.2-05
Law Implemented:
NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-08,
					 53-06.2-10.1,
					 53-06.2-14
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-13 - Totalizator system standards Facilities and equipment

Current through Supplement No. 393, July, 2024
1.
Facility requirements.
a. Onsite totalizator room. An authorized
				pari-mutuel wagering entity may provide a totalizator room to house the main
				computing and communications equipment and the operator's terminal at the
				authorized pari-mutuel wagering entity facility. The room must include all of
				the following:
(1) Air-conditioning with
				humidity control to maintain a stable environment that meets the specifications
				of the computer equipment manufacturer.
(2) A master power switch that allows all or
				part of the equipment housed in the room to be turned off in an
				emergency.
(3) A smoke and fire
				alarm system that sounds locally and is tied into the authorized pari-mutuel
				wagering entity master alarm system.
(4) Fire extinguishers to address minor
				electrical fires.
(5) An internal
				communications system connecting the totalizator operator with all of the
				following:
(a) For racetracks only, the
				stewards and racing judges.
(b)
				The pari-mutuel manager.
(c) Each
				betting line.
(d) The commission
				office onsite, if any.
(6) A private outside line for communication
				with supervisors, programmers, or totalizator personnel at other
				sites.
(7) Fire resistant, locking
				storage cabinets to hold removable data storage devices and documents necessary
				for operating the system.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-14 - Totalizator system standards - Operational requirements

Current through Supplement No. 393, July, 2024
1.
General management requirements.
a. Programming.
(1) A totalizator company shall develop and
				maintain writtenprocedure manuals that outline structured programmingmethods
				used by the programmers. The manuals must givethe programmers sufficient
				information to understand theprogramming methodologies, base operating systems,
				andmaintenance procedures.
(2) The
				totalizator company shall develop and maintain a written systems development
				life cycle that requires signoffs at pertinent checkpoints. It must address all
				the following or the equivalent as acceptable to the commission;
(a) A procedure for accepting written
				requests for systems design or major program changes from users and a method
				for handling and recording these requests.
(b) The feasibility study stage.
(c) The general systems design
				stage.
(d) Detailed systems
				specification.
(e) Program
				testing,
(f) System
				testing.
(g) Conversion.
(h) Systems acceptance by the totalizator
				company.
(3) A
				totalizator company must develop and follow procedures to manage all program
				changes without regard to the complexity of the modification. The procedures
				must do all of the following:
(a) Establish
				controls to prevent unauthorized and potentially inaccurate program changes
				from being incorporated into the production environment.
(b) Regulate both scheduled and emergency
				changes to ensure the integrity of the computer system.
(c) Permit revisions of computer programs
				submitted on a sequentially numbered basis.
(d) Require program changes to be developed,
				tested, and compiled only in a test environment that is not connected to an
				online totalizator network.
(e)
				Require all program changes to be thoroughly tested, reviewed, and approved
				pursuant to procedures adopted by the totalizator company before being placed
				into operation.
(f) Maintain a
				written or electronic log, to be made available to the commission upon request,
				when programmers have physical access to the totalizator room or electronic
				access to the operation environment.
(4) Before a totalizator company may place a
				major programming revision into production or transfer any data affected by the
				revision from the test environment to the production environment, the
				totalizator company must follow the procedures required by subdivision d of
				subsection 4 of section
				69.5-01-11-13.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-11 - Simulcasting and Account Deposit Wagering › Section 69.5-01-11-15 - Totalizator system standards - Reporting and log requirements

Current through Supplement No. 393, July, 2024
1.
General requirements.
a. A totalizator
				system must be able to produce reports and logs necessary to audit pari-mutuel
				activity and to recreate any given day of wagering in its entirety in a format
				prescribed by the commission.
b. A
				totalizator company shall retain the information needed to produce these
				reports and logs on storage devices for at least three years after the end of
				the calendar year during which the reports and logs were created, unless
				otherwise released by the commission.
c. A totalizator company shall provide a
				report or log requested by the commission within forty-eight hours, unless
				required otherwise, after the totalizator company receives the request. A
				printed report must have consecutively numbered pages. Each page of the report
				must be headed with all of the following:
(1)
				The name of the race track.
(2) The
				date and time, in hours, minutes, and seconds, the report was
				produced.
(3) The performance
				number, if applicable.
(4) The
				wagering sites to which the report refers.
(5) The version of software in use.
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-12 - North Dakota Promotion Fund › Section 69.5-01-12-01 - Definition

Current through Supplement No. 393, July, 2024
The terms used throughout this title have the same meaning as
				  in North Dakota Century Code chapter 53-06.2, except "promotion fund" means a
				  special fund administered by the commission, established to assist in improving
				  and upgrading racetracks in the state, for the promotion of live and simulcast
				  horse racing within the state, and for developing new racetracks in the state
				  as necessary and approved by the commission.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05
Law Implemented: NDCC
					 53-06.2-11
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-12 - North Dakota Promotion Fund › Section 69.5-01-12-02 - Deduction from exotic wagers, unclaimed tickets, and breakage

Current through Supplement No. 393, July, 2024
The North Dakota racing commission shall make deductions from
				  exotic wagers and, in addition, shall receive all amounts from unclaimed
				  tickets and breakage resulting from a licensed race meet or simulcast display
				  for the purpose of providing a North Dakota promotion fund as provided for by
				  North Dakota Century Code section 53-06.1-11.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05
Law Implemented:
NDCC
					 53-06.2-11
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-12 - North Dakota Promotion Fund › Section 69.5-01-12-03 - Administration of the North Dakota promotion fund

Current through Supplement No. 393, July, 2024
The North Dakota promotion fund must be administered by the
				  commission and will be used only for assisting in improving and upgrading
				  racetracks in the state; promotion of live and simulcast horse racing within
				  the state; developing, promoting, and assisting in the operation of racetracks
				  in the state; and affiliation of North Dakota racing with a national
				  association as necessary and approved by the commission.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05
Law Implemented: NDCC
					 53-06.2-11
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-12 - North Dakota Promotion Fund › Section 69.5-01-12-04 - Application deadline dates

Current through Supplement No. 393, July, 2024
Application for promotion fund awards must be received in the
				  North Dakota racing commission office by October first of the year preceding
				  the year in which the award is to be received. The commission, in its
				  discretion, may grant exceptions to this requirement in rare circumstances.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05
Law Implemented: NDCC
					 53-06.2-11
North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-12 - North Dakota Promotion Fund › Section 69.5-01-12-05 - Deposit of revenue

Current through Supplement No. 393, July, 2024
The executive director of the racing commission is
				  responsible for the timely deposit of all revenue derived from the promotion
				  fund take-out and shall keep accurate records of deposits and
				  disbursements.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05
Law Implemented:
NDCC
					 53-06.2-11
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 69.5-02-01-02 - Duties of racing officials

Current through Supplement No. 393, July, 2024
1.
				No person may officiate or be employed as a judge, racing secretary, assistant
				race secretary, starter, placing judge, clerk of the course, paddock judge,
				patrol judge, timer, equipment inspector, identifier, horsemen's bookkeeper,
				program director, or as any other official or employee of an association as the
				commission may from time to time direct, until the appointment or employment of
				that official is approved in writing by the commission.
2. An association approved to conduct a race
				meeting shall submit to the commission a list of officials thirty days prior to
				the commencement of a race meeting.
3. No racing official, without the consent of
				the commission, may occupy or serve in more than one official position and then
				only if the combined duties can be performed efficiently and adequately and
				without conflict of responsibility.
4. No racing official may engage in any
				employment or activities at a racetrack during the conduct of an approved race
				meeting other than the employment and activities for which the racing official
				has been approved by the commission.
5. No person having an interest in the result
				of a race by reason of ownership in a participating horse, wagering or
				otherwise, may act in any official capacity in connection with the running of a
				race.
6. No official of the
				commission, racing official, or security personnel may wager on the outcome of
				a race.
7. No employee or licensee
				of the commission or employee of an association may give to anyone, directly or
				indirectly, for reward or for any other consideration, any information or
				advice that would tend to influence any person in the making of a wager on a
				horse in a race. This subsection does not apply to an association employee
				making a selection that appears in the official program, an association
				publication, or a newspaper or is broadcast over the radio or
				television.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
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 69.5-02-01-03 - Duties of judges

Current through Supplement No. 393, July, 2024
1. The
				commission shall appoint or approve the appointment of judges to be called the
				"board of judges", who shall enforce the carrying out and observance of this
				regulation, and any rules or conditions established under the act.
2. In the performance of their duties, the
				judges shall exercise reasonable control over and have unrestricted access to
				all buildings, stables, rooms, and all other places within the grounds of an
				association.
3. The board of
				judges shall interpret the rules and decide all questions according to the
				usages of the turf and in the best interests of racing whether specifically
				covered by the rules or not.
4. The
				board of judges, subject to final confirmation by the board, shall approve or
				deny all applications for licenses under the rules.
5. At any meeting or hearing of the board of
				judges a majority of the board of judges constitutes a quorum, and a majority
				of the judges present determines any questions.
6. If the judges are an even number, the
				supervisor, or an assistant supervisor of racing, may participate and cast a
				deciding vote.
7. The board of
				judges shall supervise all declarations and scratches and at least one judge
				must be present at the race secretary's office at the closing and during the
				drawing of declarations.
8. The
				judges' may conduct an investigation into any matter within the judges'
				jurisdiction and may demand a statutory declaration or other form of proof from
				any person under the judges' jurisdiction and having knowledge of the matter
				under investigation, and at any time order a veterinarian's examination of any
				horse.
9. The board of judges may
				refuse the declaration of a horse for any reasons they consider proper, and a
				horse so refused:
a. Must be posted on the
				judge's list; and
b. May
				subsequently be reinstated by removal from that list by the judges.
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 69.5-02-01-04 - Starter duties

Current through Supplement No. 393, July, 2024
1. An association
				conducting a race meeting shall appoint a starter who shall have the authority
				to give orders necessary to ensure a fair start.
2. The starter's decision as to the validity
				of a start is final except when otherwise ordered by the board of
				judges.
3. The starter shall
				maintain a starter's list and horses must be schooled in starting if and when
				required by the starter or a judge, and must be denied declaration until
				removed from that list.
4. A horse
				that is unmanageable at the starting gate or refuses to start properly may be
				refused declaration until the starter is satisfied that the horse's conduct has
				been corrected.
5. The starter
				shall have control over the horses and drivers from the formation of the parade
				until the word "go" is given and shall notify the judges of any violation of
				the rules.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
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 69.5-02-01-05 - Paddock judge duties

Current through Supplement No. 393, July, 2024
1. An
				association conducting a race meeting shall appoint one or more paddock
				judges.
2. The paddock judge shall:
a. Keep a record, as specified by the judges,
				of equipment required to be carried by each horse in each race and may not
				permit any change in that equipment unless authorized by a judge.
b. Require all horses be checked and properly
				identified in each race.
c.
				Immediately report to the board of judges the absence or ineligibility of, or
				any other irregularity with respect to, a horse, its equipment, or the judge's
				inability to make a positive identification of a horse.
d. Immediately report to the board of horse
				racing veterinarian any unsoundness of any horse.
e. Notify the board of judges of the reason
				for any horse returning to the paddock after having entered the track for the
				postparade and before the start of the race.
f. Report any violation of the
				rules.
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 69.5-02-01-06 - General licensing provisions

Current through Supplement No. 393, July, 2024
1.
				No person may act as an owner, a trainer, driver, veterinarian, veterinarian
				assistant, authorized agent, stable employee, farrier or plater, parade
				marshal, or such other racing trade or calling as the commission may designate
				unless the person is the holder of an existing license issued by the
				commission.
2. In dealing with an
				application for license, the personal character and ability of the applicant
				must be considered by the commission, but in no case may a person be licensed
				who is currently under suspension by any turf authority.
3. The commission by directive, may require
				that any persons employed or engaged in the conduct of a race meeting who are
				designated by the commission must be registered with the association conducting
				the race meeting in lieu of being licensed by the commission, and those persons
				so registered must be deemed to be licensed by the commission and subject to
				the rules of the commission covering such licensed persons.
4. No person who is the holder of an existing
				license issued by the commission may have in the person's employ, or offer to
				employ at the racetrack, a person who is required to be licensed but is not the
				holder of an existing license issued by the commission.
5. An employer is required to submit to the
				commission and keep current, an employee roster with the name of each employee
				and the employee's license number and shall promptly inform the commission of
				the name and license number of any employee leaving the employer's employ, and
				of any new employee.
6. The license
				fee payable by an association must be the sum for each day upon which racing is
				to be conducted by the association that the commission may from time to time
				prescribe.
7. Licensees other than
				an association shall pay the fees that the commission may from time to time fix
				by directive.
8. The commission may
				grant a duplicate license on receipt of satisfactory proof of loss of an
				original license and on payment of a fee determined by the commission from time
				to time.
9. A license becomes
				invalid if the licensee ceases to be employed or to act in the capacity named
				in the license and that license must be surrendered to and retained by the
				commission.
10. No applicant may be
				granted a license until the applicant has been identified and photographed by
				the commission staff, unless that requirement is waived by the
				commission.
11. A licensed trainer
				may apply for a license on behalf of any owner that the trainer represents by
				signing the application for the owner's license and permission to race may be
				granted for fourteen calendar days.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
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 69.5-02-01-07 - License provisions for owners, partnerships

Current through Supplement No. 393, July, 2024
1. An applicant for an owner's license may be
				required to satisfy the commission of financial responsibility.
2. Upon the suspension or revocation of the
				license of an owner, all horses of the owner become ineligible to
				race.
3. All declarations of joint
				ownership or partnership or changes therein must be registered with the racing
				association concerned.
4. A
				declaration of partnership, syndicate, joint venture, or other group must
				contain the following information:
a. Name
				and address of every person having an interest in the horses
				provided.
b. The relative portion
				of each person's interest.
c. To
				whom the winnings are payable.
d.
				In whose name the horse shall race.
e. With whom the power of declaration
				rests.
f. The terms of any
				contingency, lease, or other similar arrangement.
g. If a company is a joint owner or partner,
				the names, permanent address, and occupations of:
(1) All officers, directors, and persons
				having at any time and from time to time, any interest in the shares of the
				company, reported in the manner prescribed by the commission from time to time
				and containing the information in a format acceptable to the commission;
				and
(2) The company's appointed
				authorized agent who has been licensed by the commission.
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 69.5-02-01-08 - Stable names provisions

Current through Supplement No. 393, July, 2024
1. No
				person may use a stable name unless that name and any changes in that name are
				registered with:
a. The United States trotting
				association.
b. The board of horse
				racing; and
c. The
				association.
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 69.5-02-01-09 - Stake races provisions

Current through Supplement No. 393, July, 2024
1.
				Conditions for stakes that conflict with the rules, are vague, or inconsistent
				may not be published and, if published, are of no effect insofar as they so
				conflict.
2. Conditions for stakes
				must be approved by the commission prior to publication and must include the
				following information:
a. The categories of
				horses that are eligible to be nominated;
b. The amount to be added to the purse by the
				association;
c. The dates and
				amounts of nomination and sustaining payments;
d. Whether the event will be:
(1) Raced in divisions; or
(2) Conducted in elimination heats if more
				horses than the maximum allowed to compete in one division are declared;
				and
e. The percentage
				distribution of the purse to the money winners in each heat or dash, and the
				formula for calculating the distribution if the number of starters is less than
				the number of premiums advertised.
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 69.5-02-01-11 - General provisions types of races permitted, declarations, and drawing of post positions

Current through Supplement No. 393, July, 2024
1. The
				racing secretary, exclusively, shall schedule the following types of races:
a. Overnight events, including:
(1) Conditioned races.
(2) Claiming races.
(3) Preferred, invitational, handicap, open,
				or free-for-all races.
(4)
				Schooling races.
(5) Matinee
				races.
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 69.5-02-01-12 - Scratches

Current through Supplement No. 393, July, 2024
1. A horse that is
				scratched from a race cannot be reinstated to participate in that
				race.
2. A horse scratched by the
				commission or association veterinarian may not be allowed to declare for a
				minimum of seventy-two hours from the time it was scratched and then only if it
				has been approved for entry by the commission or association
				veterinarian.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
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 69.5-02-01-13 - Postponement and cancellation

Current through Supplement No. 393, July, 2024
1. An
				association or board of judges, after consultation with the horsemen's
				representatives, may for just cause postpone or cancel races.
2. In stakes that have not been started
				before being canceled, all nomination and sustaining fees must be divided
				equally among the owners of horses remaining eligible at the time of
				cancellation.
3. In stakes that
				have been started but remain unfinished before being canceled, the allotted
				shares of the remaining nomination, sustaining, and starting fees must be
				distributed equally to the owners of all horses remaining eligible at the time
				of cancellation.
4. Unless
				otherwise provided in the conditions, stakes may only be transferred to another
				meeting with the unanimous consent from an association and all owners having
				eligible horses in the event.
5.
				Overnight events that are not raced within two days of being postponed must be
				canceled.
6. If track conditions
				are questionable, the board of judges shall meet with a representative of the
				association and the duly elected representatives of the horsemen to consider
				the matter and the following shall apply:
a.
				If the meeting results in a unanimous decision that track conditions are safe
				for racing, no withdrawals will be allowed.
b. If the meeting results in a decision other
				than a unanimous decision that track conditions are safe for racing, an owner
				or trainer may scratch a horse after depositing an amount equal to ten percent
				of the total purse to be raced for with the board of judges.
c. The board of judges shall direct that
				money deposited under subsection b must be retained by the board or returned to
				the owner or trainer.
d. If the
				number of withdrawals reduces the field to less than five, the association may
				postpone a stake or cancel an overnight event.
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 69.5-02-01-14 - Paddock provisions

Current through Supplement No. 393, July, 2024
1. An
				association conducting a race meeting shall;
a. Provide and maintain a paddock or
				receiving barn that must be policed;
b. Maintain records of all person entering a
				paddock or receiving barn clearly showing the name of each person who entered
				and the time of entering; and
c.
				Provide and maintain in the paddock or receiving barn, washroom facilities, hot
				and cold running water, and proper lighting in accordance with the standards
				approved by the commission.
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 69.5-02-01-15 - Claiming provisions

Current through Supplement No. 393, July, 2024
1. In
				claiming races, any horse may be claimed for its declared claiming price, plus
				allowances, by:
a. A licensed owner who has a
				horse on the grounds registered to race at the meeting where the claim is to be
				made;
b. A licensed owner:
(1) Who does not, at the time actually own a
				horse registered to race because of fire, other misfortune or claim;
				or
(2) Who has no horse on the
				grounds registered to race, and who has obtained a claim certificate issued by
				the board of judges after the expiration of three clear days from the date of
				receipt of the owner's application for a claim certificate; and
c. A person whose application for
				an owner's license has been approved and who has received a claim certificate
				issued by the board of judges, after the expiration of three clear days from
				the date of the receipt of the person's application for an owner's
				license.
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 69.5-02-01-16 - Provisions for winners, dead heats, walkovers, and not betting races

Current through Supplement No. 393, July, 2024
1. When horses
				finish in a dead heat, the dead heat may not be run off.
2. When two or more horses finish in a dead
				heat for first place, the prizes allocated for first and second finishing
				horses shall, if possible, and subject to subsection 5 be divided equally
				between those horses that finished in dead heat, and the same principle applies
				to:
a. A division of prizes between whatever
				may be the number of horses that finish in dead heats; and
b. Whatever is the finish position in which
				the dead heat occurs.
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 69.5-02-01-17 - Placing and money distribution

Current through Supplement No. 393, July, 2024
1.
				Unless otherwise provided in the conditions, all purses must be distributed on
				the cash basis, with money being awarded according to a horse's position in
				each separate dash or heat of the race.
2. Purse money distributed must be limited to
				the first five finishing positions.
3. Unless otherwise specified in the
				conditions, purse money distribution in dashes must be fifty percent for the
				first, twenty-five percent for the second, twelve percent for the third, eight
				percent for the fourth, and five percent for the fifth finishing
				positions.
4. If there are less
				than five starters in a stake:
a. Each horse
				in the money shall receive:
(1) Its
				proportionate share of the total stakes fees, depending on the place of finish
				of that horse and the total number of horses that finished; and
(2) Its designated percentage of added money;
				and
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 69.5-02-01-18 - Racing provisions

Current through Supplement No. 393, July, 2024
1. An
				association shall establish the post time for each race and the judges shall
				call the horses on the track at that time to prevent excessive delay after the
				completion of one or two scores.
2.
				The time between separate heats of a single race may not be less than forty
				minutes.
3. Horses called for a
				race have the exclusive right to occupy the course, and all other horses shall
				vacate the course as soon as possible.
4. Sulkies may only be permitted to be used
				in a race if they are of the conventional dual-shaft and dual-hitch type as
				follows:
a. They shall have two shafts that
				must be parallel to, and securely hitched on each side of the horse;
b. No point of hitch and no part of a shaft
				of a sulky may be above a horizontal level equal to the lowest point of a
				horse's back;
c. They must be
				equipped with mud guards at any race meetings at which the judges require them;
				and
d. They must be equipped with
				wheel discs approved by the commission.
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 69.5-02-01-20 - Protests

Current through Supplement No. 393, July, 2024
1. Protests may be
				made by an owner, authorized agent, trainer, or driver of one of the competing
				horses not later than forty-eight hours following competing in the race to
				which the protest applies and must be made in writing, sworn in the form of an
				affidavit, and must contain at least one specific charge which, if true, will
				prevent the horse protested from winning purse money or competing in the
				race.
2. Every protest must be
				determined by the board of judges and decided by them and if a protest is not
				decided prior to the race, the horse protested must be allowed to race under
				protest.
3. A protest that has been
				duly made may not be withdrawn or surrendered without the approval of the board
				of judges.
4. If the placings of a
				race are altered as a result of a protest, purse money for the race must be
				distributed according to the decision made on the protest.
5. The eligibility of horses involved in
				protests that may participate in subsequent races pending a decision on the
				protest is not affected.
6.
				Decisions on protests that affect purse money or order of finish after a race
				is declared official have no effect on the distribution of parimutuel
				pools.
General Authority: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
Law Implemented: NDCC
					 53-06.2-04,
					 53-06.2-05,
					 53-06.2-10
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 69.5-02-01-21 - General rules - Others

Current through Supplement No. 393, July, 2024
1. A
				driver shall wear an approved protective helmet with the chinstrap properly
				fastened at all times when racing, jogging, training, or when warming up a
				horse on the premises of an association.
2. A licensee who fails to meet his financial
				obligations for services, supplies, or wages required for or in connection with
				this racing activity may have his entries refused and may be suspended until
				the time that those obligations are discharged, or until arrangements suitable
				to the complainant, for the discharge of the debt have been made.
3. No person may associate or consort with a
				bookmaker, a tout, or a licensee whose license from a turf authority has been
				revoked or suspended and whose privileges at the grounds of an association have
				been denied.
4. Husband and wife,
				unless legally separated, must be considered as a single entity, and any ruling
				that applies to one applies to the other.
5. No person, between the hours of 8:00 a.m.
				and 11:00 a.m., may "lead" horses on the premises of an association.
6. A driver shall drive when programmed
				unless the driver has been excused by the judges.
7. A person driving a horse may not smoke on
				the racetrack after one hour prior to post time of the first race on a
				program.
8. A person driving a
				horse shall wear silks and white pants when warming up a horse prior to
				racing.
9. A person driving a horse
				shall have the proper head number and saddlecloth on a horse when warming up
				for a race.
10. A driver shall
				participate in a post parade and may not be late without permission of the
				judges.
11. Before the first race
				of any race meeting is contested:
a. The
				racing officials and drivers shall meet at a time and place to be designated by
				the board of judges; and
b. The
				drivers shall attend that meeting unless excused by the board of
				judges.
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 69.5-02-01-22 - Breath analysis

Current through Supplement No. 393, July, 2024
1. Judges, drivers,
				starters, and starting gate drivers may be required to submit to blood, breath,
				saliva, or urine analysis tests at each program at which they officiate or
				participate.
2. A person showing a
				blood alcohol concentration of more than three one-hundredths of one percent by
				weight must:
a. If a judge, be relieved of the
				judge's duties immediately and referred to the commission;
b. If a starter or starting gate driver, be
				relieved of his duties immediately and a fine, suspension, or both may be
				imposed on him by the board of judges', and
c. If a driver, be prohibited from driving in
				any races scheduled for that day and a fine may be imposed on him by the board
				of judges.
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 69.5-02-01-24 - Penalties, hearings, and appeals

Current through Supplement No. 393, July, 2024
1.
				If the board of judges finds that a person has been in violation of the rules
				or of the directives of the board, or any proper order or direction of a judge
				or judges, the board of judges may, with respect to that person:
a. Impose a fine not exceeding one thousand
				dollars;
b. Suspend a license for a
				period not exceeding two years;
c.
				Suspend a license indefinitely and refer the matter to the
				commission;
d. Refer any
				disciplinary matter to the commission, with or without recommendations for
				penalty;
e. Direct the forfeiture
				or return of purses won;
f.
				Disqualify a horse in whole or in part; and
g. Declare a race to be no contest.