North Dakota Administrative Code › Title 69.5 - Racing Commission, North Dakota › Article 69.5-01 - North Dakota Racing Commission Rules › Chapter 69.5-01-07 - Conduct of Races › Section 69.5-01-07-01 - Horses ineligible

Current through Supplement No. 393, July, 2024
A horse is ineligible to start a race when:
1. The horse is not stabled on the grounds of
				the licensed association or facilities approved by the association at least
				forty-eight hours prior to the race except for ship-ins on race day. Ship-in
				horses shall be in their assigned stall on the day they are scheduled to race.
				The racing association must have designated ship-in stalls and must provide the
				commission veterinarian with stalls assigned prior to nine a.m. All ship-in
				horses will be subject to prerace examinations by the commission veterinarian
				at their assigned stalls between nine a.m. and eleven a.m.;
2. The horse's applicable horsemen's
				organization registration certificate is not on file with the racing secretary,
				horse identifier, or digital certificate available in the jockey club
				database;
3. The horse is not fully
				identified by an official tattoo on the inside of the upper lip or through a
				digital tattoo or chip, or any other approved method;
4. With respect to a horse who is entered for
				the first time, the nominator has failed to identify the horse by name, color,
				sex, age, and the names of his sire and dam as registered;
5. A horse is brought to the paddock and is
				not in the care of and saddled by a trainer or assistant trainer;
6. A horse has been knowingly entered or
				raced in any jurisdiction under a different name, with an altered registration
				certificate or altered lip tattoo by a person having lawful custody or control
				of the horse for the purpose of deceiving any association or regulatory
				agency;
7. A horse has been allowed
				to enter or start by a person having lawful custody or control of the horse who
				participated in or assisted in the entry of racing of some other horse under
				the name of the horse in question;
8. A horse is wholly or partially owned by a
				disqualified person or a horse is under the direct or indirect management of a
				disqualified person;
9. A horse is
				wholly or partially owned by the spouse of a disqualified person or a horse is
				under the direct or indirect management of the spouse of a disqualified person,
				in such cases, it being presumed that the disqualified person and spouse
				constitute a single financial entity with respect to the horse, which
				presumption may be rebutted;
10. A
				horse has no current negative coggins test certificate attached to the
				registration certificate;
11. The
				stakes or entrance money for the horse has not been paid;
12. A horse appears on the starter's list,
				stewards' list, or veterinarian's list;
13. A horse is a first-time starter and not
				approved by the starter;
14. A
				horse is owned in whole or in part by an undisclosed person or
				interest;
15. A horse which has
				started in a race within the past calendar year which race has not been
				reported in a nationally published monthly chart book, unless at least
				forty-eight hours prior to entry, the owner of the horse provides to the racing
				secretary under oath performance records which show the place and date of the
				race, the distance, the weight carried, the amount carried, and the horse's
				finishing position and time;
16. In
				a stakes race, a horse has been transferred with its engagements, unless, prior
				to the start, the fact of transfer of the horse and its engagements has been
				filed with the racing secretary;
17. A horse is subject to a lien which has
				not been approved by the stewards and filed with the horseman's
				accountant;
18. A horse seven years
				of age or older and still a maiden;
19. A horse is subject to a lease not filed
				with the stewards;
20. A horse is
				not in sound racing condition;
21.
				A horse has been nerved by surgical neurectomy except in the case of heel
				nerves upon veterinarian approval, or cryosurgery;
22. A horse has been trachea-tubed to
				artificially assist its breathing;
23. A horse has been blocked with alcohol or
				otherwise drugged to desensitize the nerves above the ankle;
24. A horse has impaired eyesight in both
				eyes; or
25. When it is thirteen
				years old unless it wins a recognized race each preceding year in which case it
				may continue to race.
General Authority:
NDCC 53-06.2-04,
					 53-06.2-05, 53-06.2-10
Law Implemented:
NDCC 53-06.2-01, 53-06.2-04,
					 53-06.2-05, 53-06.2-10