Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 70 - Objections and Protests; Hearings and Appeals › Section 325:70-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the definitions provided in Section 200.1 of
				Title 3A, of the Oklahoma Statutes, the following words or terms, when used in
				this Chapter, shall have the following meaning, unless the context clearly
				indicates otherwise:
"Act"
means the Oklahoma Horse Racing Act [3A:200
				et seq.].
"Authorized Agent"
means a person licensed by the
				Commission and appointed by a written notarized affidavit by the Owner,
				Trainer, Parent or Guardian of a minor in whose behalf the Agent will act and
				limited to the actions as specified on the affidavit. Said affidavit must be on
				file with the Commission.
"Business Day"
means any day Monday through Friday
				exclusive of official holidays.
"Commissioner"
means a member of the Oklahoma
				Horse Racing Commission.
"Conditions of a race"
means the qualifications
				which determine the eligibility of a horse to be entered in a race.
"Day"
means a 24-hour period ending at midnight.
"Entry"
means:
(A) A horse made eligible to run in a race.
(B) Two (2) or more horses entered in the same race which have
				common ties of Ownership, lease, or training.
"Foul"
means an action by any horse or Jockey that
				hinders or interferes with another horse or Jockey during the running of a
				race.
"Horse"
means:
(A) Any equine including and designated as mare, filly,
				stallion, colt, ridgeling, or gelding registered for racing;
(B) An entire equine male five years of age and older.
"Inquiry"
means:
(A) An investigation by the Stewards of potential interference
				in a contest prior to declaring the result of said contest official; or
(B) The Stewards or Commission investigation of a matter
				alleged to be related to the provisions of the Act or the rules of the
				Commission.
"Jockey"
means a rider licensed to race.
"Jockey Agent"
means a licensed, authorized
				representative of a Jockey.
"Month"
means a calendar month.
"Objection"
means:
(A) A written complaint made to the Stewards concerning a horse
				entered in a race and filed not later than two hours prior to the scheduled
				post time for the first race on the day which the questioned horse is entered.
(B) A verbal claim of foul in a race lodged by the horse's
				Jockey, Trainer, Owner, or the Owner's licensed Authorized Agent before the
				race is declared official.
"Occupation license"
means a state requirement for
				any person acting in any capacity pursuant to the provisions of the Act.
"Organization license"
means a state requirement
				for any person desiring to conduct a race meeting in Oklahoma within the
				minimum standards as required by the Act and the rules of the Commission.
"Owner"
means any person who holds in whole or in
				part, any right, title or interest in a horse or an Organization Licensee or
				any person who is a Lessee of a horse and has been duly issued a
				currently-valid Owner license as a person responsible for such horse.
"Post time"
means the advertised time set for the
				arrival of the horses at the starting gate for the race.
"Prima Facie evidence"
means evidence that, until
				its effect is overcome by another evidence, will suffice as proof of fact in
				issue.
"Protest"
means a written complaint, signed by the
				protester, made to the Stewards within forty-eight (48) hours after the running
				of the race, alleging that a horse was ineligible to race, except as provided
				in 325:70-1-10 of these
				rules.
"Race day"
means a day during a race meeting when
				pari-mutuel wagering occurs on live races conducted at that racetrack.
"Race"
means a contest between two horses.
"Rules"
means the rules adopted by the Commission
				to implement the provisions of the Act.
"Scratch"
means the act of withdrawing an entered
				horse from a race after the closing of overnight entries.
"Safety Steward"
means a duly appointed Racing
				Official with powers and duties specified by statutes or rules.
"Steward"
means a duly appointed Racing Official
				with powers and duties specified by statutes or rules.
"Substantial evidence"
means evidence which a
				reasoning mind would accept as sufficient to support a particular conclusion
				and consists of more than a mere scintilla of evidence but may be somewhat less
				than a preponderance.
"Trainer"
means a person qualified and licensed by
				the Commission as a Trainer.
"Week"
means a period of seven (7) days.
"Year"
means a calendar year.
Amended at 16 Ok Reg 2895, eff 7-12-99 ; Amended at 23 Ok
				  Reg 979, eff 5-11-06 ; Amended at 30 Ok Reg 531, eff
				  5-15-13