reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Appeals › Section 4039.6 - Notice of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of appeal must be given in writing to the
							 commission within 48 hours of the decision being made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.10 - Who may make objection

Current through Register Vol. 46, No. 28, July 10, 2024
Every objection must be made by the owner, trainer or
							 jockey of some horse engaged in the race or by the officials of the course to
							 the clerk of the scales or to one of the stewards, or an objection may be made
							 by any one of the stewards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.11 - Objections to be in writing

Current through Register Vol. 46, No. 28, July 10, 2024
All objections except claims of interference during a
							 race must be in writing signed by the objector.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.12 - Leave required to withdraw objection

Current through Register Vol. 46, No. 28, July 10, 2024
An objection cannot be withdrawn without leave of the
							 stewards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.13 - Liability for costs of inquiry

Current through Register Vol. 46, No. 28, July 10, 2024
All costs and expenses in relation to determining an
							 objection or conducting an inquiry shall be paid by such person or persons and
							 in such proportions as the stewards shall direct.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.14 - Deposit may be forfeited

Current through Register Vol. 46, No. 28, July 10, 2024
Before considering an objection, the stewards may
							 require a deposit of $25, which shall be forfeited if the objection is decided
							 to be frivolous or vexatious.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.15 - Disqualification of horse before race

Current through Register Vol. 46, No. 28, July 10, 2024
If an objection to a horse engaged in a race be made
							 not less than 15 minutes before the time set for the race, the stewards may
							 require the qualification to be proved before the race, and in default of such
							 proof being given to their satisfaction, they must declare the horse
							 disqualified.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.16 - Objection to decision of clerk of scales

Current through Register Vol. 46, No. 28, July 10, 2024
An objection to any decision of the clerk of the
							 scales must be made at once.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.17 - Objection to distance of course

Current through Register Vol. 46, No. 28, July 10, 2024
An objection to the distance of a course officially
							 designated must be made not less than 15 minutes before the
							 race.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.18 - Objection to matters occurring in race

Current through Register Vol. 46, No. 28, July 10, 2024
An objection to a horse on the ground of the horse
							 not having run the proper course or of the race having been run on a wrong
							 course or of any other matter occurring in the race must be made before the
							 numbers of the horses placed in the race are confirmed
							 officially.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.19 - Time for making other objections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An objection on any of the following
						  grounds may be received up to 48 hours, exclusive of Sunday, after the last
						  race of the last day of the meeting:
(1) of
						  misstatement, omission or error in the entry under which a horse has run;
						  or
(2) that the horse that ran was
						  not the horse nor of the age that the horse was represented to be at the time
						  of entry; or
(3) that the horse was
						  not qualified under the conditions of the race or by reason of default;
						  or
(4) that the horse has run in
						  contravention of the sections relating to partnership or
						  registration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.20 - Stewards determine extent of disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
The stewards are vested with the power to determine
							 the extent of disqualification in case of fouls. The stewards may place the
							 offending horse behind such horses as, in the stewards' judgment, the offending
							 horse interfered with, or the stewards may place the offending horse last, and
							 the stewards may disqualify the offending horse from participation in any part
							 of the purse.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.21 - Recovery of money distributed

Current through Register Vol. 46, No. 28, July 10, 2024
If, by reason of an objection to a horse, a race or
							 place is awarded to another horse, the money for such race shall be distributed
							 in accordance with the final placing, and the owner of a horse to which the
							 race or place is finally awarded can recover the money from those who
							 wrongfully received it.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4039 - Disputes, Objections, Appeals › Objections › Section 4039.22 - Money held pending determination

Current through Register Vol. 46, No. 28, July 10, 2024
Pending the determination of an objection, any prize
							 which the horse objected to may have won or may win in the race, or any money
							 held by the association holding the meeting, as the price of a horse claimed
							 (if affected by the determination of the objection), shall be withheld until
							 the objection is determined.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.1 - Prohibitions-betting, interest in horses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						  No jockey shall bet on any race except through the owner of and on the horse
						  that such jockey rides, and any jockey who shall be proved to the satisfaction
						  of the stewards to have any interest in any race or horse or to have been
						  engaged in any betting transaction except as permitted by this section, or to
						  have received presents from persons other than the owner, may be punished as
						  provided by sections 4022.12 through
						  4022.15 of this Article.
(b) Any person knowingly acting in the
						  capacity of part owner or trainer of any horse in which a jockey possesses an
						  interest or making any bet with or in behalf of any jockey except as provided
						  in subdivision (a) of this section, or otherwise aiding or abetting in any
						  breach of this Article, may be punished as provided by sections 4022.12 through
						  4022.15 of this Article.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.2 - Owning race horses forbidden

Current through Register Vol. 46, No. 28, July 10, 2024
No jockey, nor such jockey's spouse, parent, issue
							 nor member of such jockey's household, shall be the owner of any race
							 horse.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.3 - Riding against starter of contract employer

Current through Register Vol. 46, No. 28, July 10, 2024
A jockey may not ride in any race against a starter
							 of such jockey's contract employer unless such jockey's mount and such jockey's
							 contract employer's starter are both in the hands of the same
							 trainer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.4 - No riding or training if suspended

Current through Register Vol. 46, No. 28, July 10, 2024
A jockey or trainer under suspension in any state or
							 foreign country shall not be permitted to train or ride in a race for anyone
							 during the period of such suspension. Any person who shall employee a jockey or
							 trainer in contravention of this section may be punished as provided by
							 sections 4022.12 through
							 4022.15 of this
							 Article.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.5 - Contracts to be filed; salary stops on suspension

Current through Register Vol. 46, No. 28, July 10, 2024
The terms of all contracts between jockeys and their
							 employers shall be filed with and approved by The Jockey Club, and such
							 contracts shall contain a provision that in case a jockey's license be revoked
							 or suspended, the salary of the jockey shall in the former case cease, and in
							 the latter case cease during the time of his suspension.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.6 - Penalty for refusal to ride

Current through Register Vol. 46, No. 28, July 10, 2024
If a jockey engaged for a race or for a specified
							 time refuses to fulfill his or her engagement, such jockey may be punished as
							 provided by sections 4022.12 through
							 4022.15 of this
							 Article.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.7 - Retainers on priority basis

Current through Register Vol. 46, No. 28, July 10, 2024
Employers retaining the same jockey have precedence
							 according to the priority of the retainers as specified in the
							 contracts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.8 - Stewards decide conflicting claims

Current through Register Vol. 46, No. 28, July 10, 2024
When a jockey is engaged for a race, such engagement
							 is binding on both parties, and any conflict in such a matter, including claims
							 for the services of a jockey, shall be decided by the
							 stewards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Jockeys › Section 4040.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4040 - Restrictions On Jockeys And Stable Employees › Stable Employees › Section 4040.15 - Hiring stable employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
						  owner or trainer shall engage any person who does not have a written discharge
						  from his or her last employer, but any person prevented by this section from
						  obtaining or retaining employment shall have the right of appeal to the
						  commission against the person withholding his or her written
						  discharge.
(b) Any owner or trainer
						  employing a person in violation of subdivision (a) of this section may be
						  punished as provided by sections 4022.12 through
						  4022.15 of this Article.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4041 - Racing Colors And Numbers › Section 4041.1 - Colors registered with The Jockey Club

Current through Register Vol. 46, No. 28, July 10, 2024
Racing colors shall be registered by The Jockey Club
						  annually or for the period of five years. Colors so registered shall not be
						  taken by any other person. All disputes as to the right to particular colors
						  shall be settled by The Jockey Club.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4041 - Racing Colors And Numbers › Section 4041.2 - Permission required to run horse in deviate colors

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall run a horse in colors other than those
						  registered in his or her own or a stable name without special permission of the
						  stewards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4041 - Racing Colors And Numbers › Section 4041.3 - Numbers on saddle cloth

Current through Register Vol. 46, No. 28, July 10, 2024
Jockeys must wear a number on the saddle cloths
						  corresponding to the numbers of the horses as exhibited after weighing
						  out.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4041 - Racing Colors And Numbers › Section 4041.4 - Posting deviation in colors

Current through Register Vol. 46, No. 28, July 10, 2024
Any deviation from the recorded colors of the owner
						  that may be granted by the stewards is to be immediately posted on the notice
						  commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4041 - Racing Colors And Numbers › Section 4041.5 - Horses not in owner's colors

Current through Register Vol. 46, No. 28, July 10, 2024
Under special circumstances a horse may be permitted by
						  the stewards to run in colors not those of the owner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4041 - Racing Colors And Numbers › Section 4041.6 - Wearing of advertising or promotional material

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
						jockey may not wear any clothing other than the usual helmet, silks, pants,
						boots and gloves nor display on such clothing any material other than:
(1) a logo of the Jockeys' Guild that does
						not exceed 10 square inches;
(2) a
						logo of the Permanently Disabled Jockeys Fund that does not exceed 10 square
						inches; and
(3) authorized
						advertising or promotional material worn with permission of the
						stewards.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4042 - Corrupt Practices And Disqualifications Of Persons › Section 4042.1 - Prohibition of corrupt practices

Current through Register Vol. 46, No. 28, July 10, 2024
Any person found by the stewards to have violated any
						  of the following subdivisions of this section shall have such punishment
						  imposed upon him or her, and the stewards shall take such other action in the
						  manner as the stewards may deem proper under this Article, including reference
						  to the commission:
(a) Bribe, offer to
						bribe. If any person gives, offers or promises, directly or indirectly, any
						bribe in any form to any person having official duties in relation to any race
						or race horse or to any trainer, jockey or agent or to any other person having
						charge of or access to any race horse.
(b) Accept, offer to accept bribe. If any
						person having official duties in relation to any race track, race or race
						horse, or if any trainer, jockey, agent or other person having charge of or
						access to any race horse, solicit, accept or offer to accept any bribe in any
						form.
(c) Fail to report offer of
						bribe. If any person licensed by the commission shall be approached with an
						offer or promise of a bribe or with a request or a suggestion for a bribe or
						for any improper, corrupt or fraudulent act or practice in relation to a race
						or racing, or that any race shall be conducted otherwise than fairly and in
						accordance with this Article, and if such licensed person shall not immediately
						report the matter to the stewards.
(d) Enter disqualified horse. If any person
						willfully enters or causes or permits to be entered or to start in any race a
						horse that such person knows or has reason to believe to be
						disqualified.
(e) Use illegal
						appliances. If any person shall have in his or her possession in or about any
						race track or shall use, appliances--electrical, mechanical or otherwise--other
						than the ordinary equipment, of such nature as could affect the speed or racing
						condition of a horse.
(f)
						Fraudulent, corrupt act. If any person be guilty of any improper, corrupt or
						fraudulent act or practice in relation to racing, or shall conspire with any
						other person to commit or shall assist in the commission of any such act or
						practice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4042 - Corrupt Practices And Disqualifications Of Persons › Section 4042.2 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4042 - Corrupt Practices And Disqualifications Of Persons › Section 4042.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4042 - Corrupt Practices And Disqualifications Of Persons › Section 4042.4 - Results of disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Persons denied admission to tracks. Anyone who has been ruled off or who has
						been suspended, whether temporarily for investigation or otherwise, and anyone
						penalized as in this Part provided by the highest official regulatory racing
						body having jurisdiction where the offense occurred, shall be denied admission
						to all race tracks licensed by the commission until duly reinstated, unless
						otherwise determined by the commission.
(b) Persons barred from racing. A person
						whose license has been revoked or has been suspended, whether temporarily for
						investigation or otherwise, and so long as such person's exclusion or
						suspension continues shall not be qualified, whether acting as agent or
						otherwise, to subscribe for or to enter or to run any horse for any race either
						in his or her own name or in that of any other person.
(c) Horses suspended. All horses in the
						charge of a trainer whose license has been revoked or has been suspended,
						whether temporarily for investigation or otherwise, shall be automatically
						suspended from racing during the period of the trainer's exclusion or
						suspension. Permission may be given by the stewards for the transfer of such
						horses to another trainer during such period, and upon such approval such
						horses shall again be eligible to race.
(d) Track record voided. In the event that a
						horse establishes a track or other record in a race and it shall be determined
						by competent authority that the chemical analysis of any specimen taken from
						such horse shows the presence of a drug that is of such a character as could
						affect the racing condition of the horse in such race, then such record shall
						be null and void.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4042 - Corrupt Practices And Disqualifications Of Persons › Section 4042.6 - Test for alcoholic consumption

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each track shall provide a device
						approved by the commission at a location to be designated by the State steward
						or designee capable of measuring the presence of alcohol by weight within the
						blood. The commission shall only approve the use of breath analysis instruments
						that have been approved by the National Highway Traffic Safety Administration.
						The use of such device shall be under the supervision of the commission steward
						or commission designee.
(b) Tests
						shall be administered to licensees and officials at such times as directed by
						the commission steward or commission designee, and shall only be administered
						by qualified individuals employed by the commission. All jockeys named to ride
						or who will ride in a race must be tested prior to racing on each race
						date.
(c) Violations. The following
						shall constitute violations:
(1) Refusal to
						take such test shall constitute a violation of this section.
(2) The presence of .05 percent or more
						alcohol in the blood by weight per volume as indicated by said device shall
						constitute alcoholic impairment and be a violation of this section. Blood
						alcohol concentration (BAC) means the weight amount of alcohol contained in a
						unit volume of blood, measured as grams ethanol/100ml blood and expressed as
						percent BAC.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The terms and words used in this Part shall
						  mean:
(a) Administer means to cause
						the introduction of a substance into the body of a horse.
(b) Drug means any substance or metabolite of
						such substance that does not exist naturally in the untreated horse and that
						can have a pharmacological effect on a horse.
(c) Laboratory means the official racing
						chemical detection laboratory designated by the commission.
(d) Out-of-competition positive test means a
						finding by the laboratory that any of the prohibited substances described in
						section 4043.12 of this Part was present in
						the sample.
(e) Post-race positive
						test means a finding by the laboratory that a drug or other substance the use
						of which is restricted by this Part was present in the sample and was
						administered at a time or in a manner prohibited by this Part.
(f) Practicing veterinarian means a
						veterinarian who treats any race horse.
(g) Pre-race positive test means a finding by
						the laboratory that a drug could be present in the sample.
(h) Sample means any bodily substance,
						including but not limited to blood or urine taken from a horse at the direction
						of the commission or commission's officials for the purposes of analysis. A
						sample is a pre-race sample when such sample is taken before a race pursuant to
						the rules governing the pre-race testing program. A sample is a post-race
						sample when such sample is taken after a horse races pursuant to the rules
						governing the post-race testing program.
(i) Start of a racing program means the
						scheduled post-time of the first race of a program containing a race in which
						the horse is to compete.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.2 - Restricted use of drugs, medications and other substances

Current through Register Vol. 46, No. 28, July 10, 2024
Drugs and medications are permitted to be used only in
						  accordance with the following provisions.
(a) The following substances are permitted to
						be used at any time up to race time:
(1)
						topical applications (such as antiseptics, ointments, salves, DMSO leg rubs,
						leg paints and liniments) that may contain antibiotics but do not contain
						benzocaine, steroids or other drugs; and
(2) antibiotics, vitamins, electrolytes, and
						other food supplements so long as they are administered orally and so long as
						they do not contain any other drug or by their nature, exhibit drug-like
						actions or properties.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.3 - Equine drug thresholds; per se

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A horse
						shall have raced in violation of this section if any of the following
						substances is found, by the laboratory conducting tests for the commission, to
						be present in a race-day urine or blood sample taken from such horse at a
						concentration in excess of a threshold listed below. The test result of such
						laboratory shall include an assessment of the measurement uncertainty and
						imprecision of the quantitative threshold for the substance.
(1) Acepromazine: 10 ng/ml HEPS in
						urine;
(2) Albuterol: 1 ng/ml in
						urine;
(3) Betamethasone: 10 pg/ml
						in plasma;
(4) Butorphanol:
(i) 300 ng/ml of total butorphanol in urine;
						or
(ii) 2 ng/ml of free butorphanol
						in plasma;
(5)
						Cetirizine: 6 ng/ml in plasma;
(6)
						Cimetidine: 400 ng/ml in plasma;
(7) Clenbuterol:
(i) 140 pg/ml in urine; or
(ii) any clenbuterol in plasma;
(8) Cobalt: 50 ng/ml in
						plasma;
(9) Dantrolene: 100 pg/ml
						of 5-hydroxydantrolene in plasma;
(10) Detomidine:
(i) 2 ng/ml of any metabolite of detomidine
						in urine; or
(ii) 1 ng/ml of
						detomidine in plasma;
(11) Dexamethasone: 5 pg/ml in
						plasma;
(12) Diclofenac: 5 ng/ml in
						plasma;
(13) DMSO: 10 mcg/ml in
						plasma;
(14) Firocoxib: 20 ng/ml in
						plasma;
(15) Flunixin: 5 ng/ml in
						plasma;
(16) Furosemide: 100 ng/ml
						in plasma and a specific gravity of urine less than 1.010;
(17) Glycopyrrolate: 3 pg/ml in
						plasma;
(18) Guaifenesin: 12 ng/ml
						in plasma;
(19) Isoflupredone: 100
						pg/ml in plasma;
(20) Ketoprofen: 2
						ng/ml in plasma;
(21) Lidocaine: 20
						pg/ml of total 3-hydroxylidocaine in plasma;
(22) Mepivacaine:
(i) 10 ng/ml of total hydroxymepivacaine in
						urine; or
(ii) any
						hydroxymepivacaine in plasma;
(23) Methocarbamol: 1 ng/ml in
						plasma;
(24) Methylprednisolone:
						100 pg/ml in plasma;
(25)
						Omeprazole: 10 ng/ml of omeprazole sulfide in plasma;
(26) Phenylbutazone: 0.3 mcg/ml in
						plasma;
(27) Prednisolone: 1 ng/ml
						in plasma;
(28) Procaine
						penicillin: 25 ng/ml of procaine in plasma;
(29) Ranitidine: 40 ng/ml in
						plasma;
(30) Triamcinolone
						acetonide: 100 pg/ml in plasma; and
(31) Xylazine: 200 pg/ml in plasma.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.4 - Trainer's responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
						trainer shall be responsible at all times for the condition of all horses
						trained by him or her. No trainer shall start or permit a horse in his or her
						custody, care or control to be started if the trainer knows, or might have
						known or have cause to believe, that the horse has received any drug or other
						restricted substance that could result in a positive test. The trainer shall be
						held responsible for any positive test unless the trainer can show by
						substantial evidence that neither the trainer nor any employee nor agent was
						responsible for the administration of the drug or other restricted substance.
						Every trainer must guard each horse trained by him or her in such manner and
						for such period of time prior to racing the horse so as to prevent any person,
						whether or not employed by or connected with the owner or trainer, from
						administering any drug or other restricted substance to such horse contrary to
						this Part.
(b) Trainers shall
						maintain accurate records of all joint injections to horses trained by them.
						The record(s) of every joint injection shall be submitted, in a form and manner
						approved by the commission, by the trainer to the commission within 48 hours of
						the treatment. The trainer may delegate this responsibility to the treating
						veterinarian, who shall make these reports when so designated. The reports
						shall be accessible to the examining veterinarian for the purpose of assisting
						with pre-race veterinary examinations.
(c) Trainers shall maintain an accurate
						record of every drug (except ones classified by the Association of Racing
						Commissioners International, Inc. as a class 5 substance and that are not
						injected) administration that is implemented by the trainer and is not recorded
						in detail in practicing veterinary records. This includes without limitation
						drugs that a veterinarian has dispensed for administration by or at the
						direction of the trainer, but does not include drugs administered directly by
						the veterinarian or administrations the trainer verifies are recorded in detail
						in veterinary records. Such trainer's records shall detail the name of the
						horse, the drug, the dose, the route of administration and the date and time
						(e.g., morning, breakfast) of administration and shall be kept in a form
						approved by the commission for a minimum of six months. Such records shall be
						available for inspection by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.5 - Disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
A horse, in respect to which there has been any
						  violation of the prohibitions contained in this Part or Part 4012 of this
						  Subchapter, or from which a sample has resulted in a positive test, may be
						  disqualified from the race and from any share of the purse in the race and such
						  share shall be redistributed among the remaining horses in the race entitled to
						  same. Nothing contained herein shall in any way affect the pari-mutuel
						  distribution which shall be deemed final and unappealable upon the declaring of
						  the race "official" by the judges at the conclusion of the
						  race.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.6 - Erythropoietin and darbepoetin

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
						finding by the laboratory that the antibody of erythropoietin or darbepoetin
						was present in the sample taken from a horse shall establish that the horse is
						unfit to race in any subsequent race, subject to the provisions of subdivision
						(b) of this section.
(b) Any horse
						that has been the subject of a finding by the laboratory that the antibody of
						erythropoietin or darbepoetin was present in the sample taken from that horse
						shall not be entered or allowed to race in any subsequent race until the horse
						has tested negative for the antibodies of erythropoietin or darbepoetin in a
						test conducted by the laboratory.
(c) Notwithstanding any inconsistent
						provision of this Part, a horse shall not be subject to disqualification from
						the race and from any share of the purse in the race, and the trainer of the
						horse shall not be subject to application of trainer's responsibility based
						upon the finding by the laboratory that the antibody of erythropoietin or
						darbepoetin was present in the sample taken from that horse.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.7 - Reserpine and fluphenazine

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Notwithstanding any inconsistent provision of this Part, a finding by the
						laboratory that the drug reserpine or the drug fluphenazine was present in the
						sample taken from a horse shall result in the disqualification of the horse
						from the race and from any share of the purse in the race.
(b) The trainer of a horse that has been the
						subject of a finding by the laboratory that the drug reserpine or the drug
						fluphenazine was present in the sample taken from that horse shall not be
						subject to application of trainer's responsibility based solely upon the
						finding by the laboratory that the drug reserpine or the drug fluphenazine was
						present in the sample.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.9 - Pre-race detention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A horse
						that tests in violation of section
						4043.8 of this Part shall be
						subject to pre-race detention, without regard to whether the horse is
						transferred to a new owner or trainer, for a period of six months and then
						until it tests in compliance with section
						4043.8 of this Part and tests
						negative for drugs. If during the detention period a horse again tests in
						violation of section
						4043.8 of this Part, then the
						detention period shall be extended as the stewards shall deem appropriate. The
						racetrack operator sponsoring the race shall make such pre-race detention
						available, at the sole expense of the trainer, for at least six hours before
						the start of the race program and as required by the stewards. Where a claimed
						horse is found to be in violation of section
						4043.8 of this Part, the costs of a
						pre-race detention shall be the responsibility of the party requesting
						detention. A buyer who was not aware of its pre-race detention requirement for
						testing positive may void the purchase of a horse, provided it is done within
						10 days after receiving notice of the horse's pre-race detention
						requirement.
(b) Each owner who is
						using a trainer at the time the trainer commits a repeat violation of section
						4043.8 of this Part shall be
						required for four months to subject in pre-race detention all horses that were
						under the care or control of this trainer and any replacements of them. The
						pre-race detention requirement shall not continue to apply to a horse that is
						sold during the detention period to a third party in a good-faith, arms-length
						transaction. The pre-race detention requirement shall not apply unless the
						trainer's earlier violation happened within the past 12 months and the State
						steward made a ruling on the earlier TCO2 violation at least 10 days before the
						trainer's repeat violation. The racetrack operator sponsoring the race shall
						make such pre-race detention available, at the sole expense of the trainer, for
						at least six hours before the start of the race program and as required by the
						stewards.
(c) If during a detention
						period a trainer violates section
						4043.8 of this Part, then the
						detention period shall be extended for such time as the stewards deem
						appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.10 - TCO2 testing: punishment for failure to cooperate

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be a violation of section
						  4042.1(f) of this
						  Article for any person subject to the jurisdiction of the commission to fail to
						  cooperate with blood gas testing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.11 - Use and disposal of hypodermic syringes and needles

Current through Register Vol. 46, No. 28, July 10, 2024
To ensure drug testing accuracy, all hypodermic
						  syringes and needles may be used only once by a track or practicing
						  veterinarian or veterinary technician. The collection, security and disposal of
						  the used syringes and needles are the responsibility of a track or practicing
						  veterinarian or veterinary technician.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.13 - Other prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall, attempt to, or cause, solicit,
						  request, or conspire with another or others to:
(a) use or possess any electrical device,
						"joint," "battery," electric prod, or any other electrical equipment or any
						mechanical or other appliance not generally accepted as regular racing
						equipment that can be used to stimulate, depress, goad, spur, retard or
						condition a horse during a race or during training. The use of ultrasonic,
						diathermy or other electro/medical equipment is permissible until 24 hours
						before the scheduled post time of the race in which the horse is to compete,
						and whirlpool until race time. However, the stewards may bar the possession or
						use of any specific equipment;
(b)
						freeze or ice or apply medicated packs to a horse's leg or legs within the
						paddock area;
(c) after a race,
						administer any substance except water to a horse designated for testing before
						the horse has been released by the State veterinarian; or
(d) administer a mixture of bicarbonate of
						soda and sugar in any of their forms in any manner to a horse within 24 hours
						of a racing program at which such horse is programmed to race. It shall be the
						trainer's responsibility to prevent such administration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.14 - Restrictions on shock or pulse wave therapy

Current through Register Vol. 46, No. 28, July 10, 2024
The use of extracorporeal shock wave therapy, radial
						  pulse wave therapy or similar treatments shall not be permitted unless the
						  following conditions are met:
(a) The
						use of extracorporeal shock wave therapy, radial pulse wave therapy or similar
						treatments within the State:
(1) is limited
						to veterinarians licensed to practice by the commission; and
(2) may only be performed with machines that
						are:
(i) registered with and approved for use
						by the commission; and
(ii) used at
						a pre-disclosed location that is approved by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4043 - Drugs Prohibited and Other Prohibitions › Section 4043.15 - Anabolic steroids

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Anabolic steroids shall not be administered except as permitted by subdivision
						(d) of this section. A violation of this section may be established by a
						finding by the laboratory conducting tests for the commission that an anabolic
						steroid was present in a blood sample taken from such horse, except for the
						following substances at concentrations that are less than these thresholds:
(1) Boldenone: All horses may have less than
						100 pg/ml (including free boldenone and boldenone liberated from its
						conjugates) in plasma.
(2)
						Nandrolone:
(i) female horses and geldings
						may have less than 100 pg/ml in plasma; and
(ii) intact male horses may have less than
						500 pg/ml in plasma.
(3) Testosterone:
(i) Female horses and geldings may have less
						than 100 pg/ml in plasma; and
(ii)
						Intact male horses may have less than 2,000 pg/ml in plasma.
(4) In addition, no anabolic steroid shall be
						administered by injection into a joint at any time.