reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 8 - EQUINE VETERINARY PRACTICES, HEALTH AND MEDICATION › Section 178-1-52 - Physical Inspection of Horses

Current through Register Vol. XLI, No. 28, July 12, 2024
52.1.
				  Assessment of Racing Condition. The stewards and/or a Racing Commission
				  veterinarian may order an examination at any time of any horse entered for a
				  race or which has run in a race.
52.2. Pre-Race Examinations. The following
				  provisions apply to pre-race examinations:
52.2.a. As required by subdivision 18.1.h. of
				  this rule, one or more Racing Commission veterinarians shall conduct pre-race
				  examinations on all potential starters on race day.
52.2.b. It shall be the trainer's
				  responsibility to ensure that a horse that is a potential starter is on
				  association grounds and in its assigned stall or at the pre-race examination
				  area designated by a Racing Commission veterinarian for pre-race examination at
				  least (4) four hours before post time of the race in which it is scheduled to
				  start.
52.2.c. The trainer or his
				  or her designee shall be present with the horse at the time specified in
				  subdivision 52.2.b. of this rule for the pre-race examination and shall remain
				  with the horse until the pre-race examination is completed.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 8 - EQUINE VETERINARY PRACTICES, HEALTH AND MEDICATION › Section 178-1-53 - Isolation/Quarantine

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. In
				  case of any illness or unusual symptoms of illness in a horse which may be
				  considered to be contagious, a Racing Commission veterinarian and/or the
				  Commissioner of Agriculture have the authority to determine whether or not it
				  is necessary to isolate or quarantine a horse. The decision of the Racing
				  Commission veterinarian and/or the Commissioner of Agriculture with reference
				  to the necessity of isolating any horse is binding upon the trainer and owner
				  of the horse.
53.2. The reasonable
				  cost and expense of isolation, including boarding and medical care, shall be
				  borne by the owner or trainer of the horse during the period of
				  isolation.
53.3. In the event of
				  the positive diagnosis of any infectious disease, the diagnosed horse shall
				  remain isolated and quarantined for a period of time determined by the Racing
				  Commission veterinarian and/or the Commissioner of Agriculture.
53.4. No horse shall be removed from
				  quarantine without permission of a Racing Commission veterinarian and/or the
				  Commissioner of Agriculture.
53.5.
				  The Racing Commission veterinarian shall immediately report all quarantines and
				  removal from quarantines to the stewards.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Section 178-1-54 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1. A
				  copy of The Jockey Club certificate of foal registration shall be attached to
				  the West Virginia bred or sired registration form as a requirement to
				  participate in the West Virginia thoroughbred development fund.
54.2. Non-resident mares foaling in West
				  Virginia shall be inspected and the owner of the non-resident mare shall
				  complete an affidavit to be supplied by the Racing Commission.
54.3. All West Virginia bred, sired or raised
				  horses shall be registered with the West Virginia thoroughbred breeders
				  association to be eligible to participate in any phase of the West Virginia
				  thoroughbred development fund.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Section 178-1-55 - Accredited Race Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
55.1. To
				  qualify for the West Virginia accredited race fund, the breeders must qualify
				  under one of the following:
55.1.a. The
				  breeder of the West Virginia bred foal is a West Virginia resident;
55.1.b. The breeder of the West Virginia bred
				  foal is not a West Virginia resident, but keeps his or her breeding stock in
				  West Virginia year-round, or
55.1.c. The breeder of the West Virginia bred
				  foal is not a West Virginia resident and does not qualify under subdivision
				  55.1.b. above, but either the sire of the West Virginia bred foal is a West
				  Virginia stallion, or the mare is covered only by a West Virginia accredited
				  stallion or stallions before December 31 of the calendar year following the
				  birth of that West Virginia bred foal.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Table 178-1 A - OCCUPATIONAL PERMIT FEES

Current through Register Vol. XLI, No. 28, July 12, 2024
Effective for calendar year 2012 and
					 thereafter)
Stable Name
$40.00
Corporation
$40.00
Vendor
$40.00
Owner (with registration of
								colors)
$30.00
Owner-Trainer (same person)
$60.00
Trainer
$30.00
Assistant Trainer
$30.00
Jockey
$30.00
Apprentice Jockey
$20.00
Jockey Agent
$20.00
Practicing Veterinarian
$30.00
Veterinarian's Assistant
$20.00
Blacksmith
$30.00
Authorized Agent (must apply for permit and
								pay permit fee for each person represented)
$20.00
Mutuel Employee
$20.00
Photographers, totalisator, film
								patrol
$20.00
Stable Foreman
$20.00
Starter
$30.00
Assistant Starter
$20.00
Association Racing Secretary
$30.00
Association Assistant Racing
								Secretary
$30.00
Paddock Judge
$20.00
Horsemen's Bookkeeper
$20.00
Clerk of Scales
$20.00
Clocker
$20.00
Timer
$20.00
Horse Identifier
$20.00
Jockey Room Custodian
$20.00
Placing Judge
$20.00
Outrider
$20.00
Stable Hand
$20.00
Concession
$20.00
Maintenance
$20.00
Groom
$20.00
Admission
$20.00
Pony Riders
$20.00
Parking
$20.00
Security
$20.00
Exercise Rider
$20.00
Video Lottery employees
$20.00
Others not specified
$20.00
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Table 178-1 B - JOCKEY MOUNT FEES

Current through Register Vol. XLI, No. 28, July 12, 2024
Purse
Winning Mount
Second Place Mount
Third Place Mount
Fourth Place Mount
Losing Mount
Up to $5,999.00
10% of Win Purse
$75.00
$70.00
$60.00
$60.00
$6,000.00 to $7,799.00
10% of Win Purse
$85.00
$75.00
$70.00
$70.00
$7,800.00 to $9,999.00
10% of Win Purse
$100.00
$80.00
$75.00
$70.00
$10,000.00 to $17,999.00
10% of Win Purse
5% of Place Purse
$85.00
$80.00
$75.00
$18,000.00 to $24,999.00
10% of Win Purse
5% of Place Purse
5% of Show Purse
$85.00
$80.00
$25,000.00 to $49,999.00
10% of Win Purse
5% of Place Purse
5% of Show Purse
$100.00
$95.00
$50,000.00 to $99,999.00
10% of Win Purse
5% of Place Purse
5% of Show Purse
5% of Fourth Purse
$100.00
$100,000.00 and up
10% of Win Purse
5% of Place Purse
5% of Show Purse
5% of Fourth Purse
$115.00
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Table 178-1 C - REQUEST TO WEAR ADVERTISING AND PROMOTIONAL MATERIAL

Current through Register Vol. XLI, No. 28, July 12, 2024
DATE OF ENTRY
__________________
DATE OF RACE
__________________
RACETRACK: [] CHARLES TOWN []
					 MOUNTAINEER
RACE NUMBER
__________________
NAME OF RACE (STAKES IF APPLICABLE)
__________________
DESCRIPTION OF MATERIAL TO BE WORN: (Use a separate
					 sheet if necessary)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
NAME OF ADVERTISER, PROMOTIONAL BRAND OR
					 SPONSOR:
_________________________________________________________________________
NAME OF JOCKEY WEARING THE MATERIAL:
_________________________
_______________________________
					 ________________________
Signature of the Jockey or Agent Date
_______________________________
Title (if applicable)
APPROVAL OF OWNER OR DULY AUTHORIZED
					 AGENT
_____________________________
					 ______________________
Signature Date
_____________________________
Title
APPROVAL OF LICENSED RACING ASSOCIATION
_____________________________
					 ______________________
Signature Date
_____________________________
Title
APPROVAL OF THE STEWARDS
_____________________________
					 ______________________
Signature Date
_____________________________
					 ______________________
Signature Date
_____________________________
					 ______________________
Signature Date
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Table 178-1 H - MEDICAL AUTHORIZATION TO RETURN TO RIDE WHEN A JOCKEY HAS BEEN REMOVED DUE TO A SUSPECTED CONCUSSION

Current through Register Vol. XLI, No. 28, July 12, 2024
I, ______________________, have examined the jockey
					 ____________________________________ who was removed from riding due to
					 exhibiting signs/symptoms/behaviors consistent with a concussion. I have
					 examined this athlete, provided an appropriate return to riding, if necessary,
					 and determined that the jockey is cleared to resume participation on this date:
					 ________________________________.
Signature of Authorized Medical Professional:
______________________________________________________________________________
Date: _____________________________________________
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Section 178-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule regulates the conduct of thoroughbred racing in this state and the
				administration of the West Virginia Thoroughbred Development Fund.
1.2. Authority. -- W. Va. Code §§
									19-23-2(a),
				19-23-3(17),
				19-23-6,
				19-23-8,
				19-23-9,
				19-23-13,
				19-23-13b and
				19-23-15.
1.3. Filing Date. - April 24, 2024.
1.4. Effective Date. - July 21,
				2024.
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1, 2034.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 1 - DEFINITIONS › Section 178-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule and unless the context clearly
					 requires a different meaning, the following terms shall have the meaning
					 ascribed in this section.
2.1.
				  "Accredited thoroughbred horse" means a horse that is registered with the West
				  Virginia Thoroughbred Breeders Association and that is foaled in West Virginia
				  or sired by an accredited West Virginia sire or, prior to the expiration of the
				  raiser program set forth in West Virginia Code §
										19-23-3(27),
				  finished 12 consecutive months of verifiable residence in West Virginia as a
				  yearling, except for the 30 days' grace period.
2.2. "Accredited West Virginia sire" means a
				  sire that is permanently domiciled in West Virginia, stands a full season in
				  West Virginia, and is registered with the West Virginia Thoroughbred Breeders
				  Association.
2.3. "Age" means the
				  age of a thoroughbred, which is reckoned as beginning on the first day of
				  January in the year in which it is foaled.
2.4. "Allowance race" means an overnight race
				  for which eligibility and weight to be carried is determined according to
				  specified conditions, which include age, sex, earnings, and number of
				  wins.
2.5. "Also-Eligible" pertains
				  to:
2.5.a. a number of eligible horses,
				  properly entered, which were not drawn for inclusion in a race, but which
				  become eligible according to preference or lot if an entry is scratched prior
				  to the scratch time deadline; or
2.5.b. in a trial race, the next preferred
				  contestant that is eligible to participate when an entry is scratched, pursuant
				  to the written conditions of the race.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 2 - GENERAL AUTHORITY › Section 178-1-3 - General Authority of the Racing Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule and any amendments or
				  additions to this rule apply to all persons, firms, associations, partnerships,
				  or corporations holding, conducting, participating in, or observing a
				  meeting.
3.2. The laws of the state
				  of West Virginia and this rule promulgated by the Racing Commission supersede
				  the conditions of a race or the regulations of a racing association.
3.3. The jurisdiction of the Racing
				  Commission over matters related to subjects covered by the laws of this state
				  governing racing or the rules of the Racing Commission is continuous throughout
				  the year.
3.4. Members of the
				  Racing Commission and Racing Commission employees shall not directly or
				  indirectly wager on the outcome of any race under the jurisdiction of the
				  Racing Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 2 - GENERAL AUTHORITY › Section 178-1-6 - Ejection/Exclusion

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person
				  ejected by the stewards or the association from the grounds of an association
				  shall be denied admission to the grounds until permission for his or her
				  reentry has been obtained from the association and the Racing Commission.
				  However, all occupational permit holders who are ejected have the right of
				  appeal to the Racing Commission.
6.2. The stewards or the association have the
				  power to suspend or exclude from the stands and grounds persons acting
				  improperly or whose behavior is otherwise objectionable. The stewards shall
				  enforce the suspension or exclusion.
6.3. When a person is excluded from a
				  racetrack or is suspended, he or she is not qualified, whether acting as agent
				  or otherwise, to subscribe for, to enter, or run any horse in any race either
				  in his or her own name or in that of any other person until the stewards
				  rescind their penalty.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-7 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				  Racing Officials. Officials of a race meeting, unless otherwise approved by the
				  Racing Commission, are as follows: Three (3) stewards, three (3) placing
				  judges, clerk of scales, starter, timer, paddock judge, Racing Commission
				  veterinarian(s), association's racing secretary and assistants, horse
				  identifier, clocker, and jockey room custodian.
7.2. Eligibility. To qualify as a racing
				  official, the appointee shall be:
7.2.a. of
				  good character and reputation;
7.2.b. experienced in thoroughbred
				  racing;
7.2.c. familiar with the
				  duties of the position and with the Commission's rules of thoroughbred
				  racing;
7.2.d. mentally and
				  physically able to perform the duties of the job; and
7.2.e. in good standing and not under
				  suspension or ineligible in any racing jurisdiction.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-8 - Stewards

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Appointment.
				  There shall be three (3) stewards appointed by the Racing Commission for each
				  race meeting. One (1) of the three (3) stewards shall be appointed by the
				  Racing Commission to the position of chief steward. In the event that a steward
				  is temporarily incapacitated or for some reason cannot serve, the Racing
				  Commission or chief steward shall deputize someone experienced in thoroughbred
				  racing to serve for him or her in his or her absence.
8.2. Accreditation and Continuing Education.
				  The following provisions apply to the accreditation and continuing education
				  requirements of the stewards:
8.2.a. To
				  qualify for appointment as a steward, the appointee shall meet the experience,
				  education and examination requirements necessary to be accredited by the Racing
				  Officials Accreditation Program (ROAP) in association with, but not limited to,
				  the University of Arizona and the University of Louisville, and shall be in
				  good standing with all racing jurisdictions.
8.2.b. The stewards shall attend and
				  participate in any continuing education courses and training related to
				  thoroughbred racing directed by the Racing Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-9 - Racing Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				  General Authority. The following provisions apply to the general authority of
				  the association's racing secretary:
9.1.a. The
				  association's racing secretary or his or her assistants, shall discharge all
				  the duties of his or her office, expressed or implied that are required by this
				  rule, and he or she shall report to the stewards in writing all violations of
				  this rule.
9.1.b. The association's
				  racing secretary shall maintain a complete record of all races.
9.1.c. The association's racing secretary
				  shall receive all entries and declarations, and he or she, or any other person
				  designated by the association, shall receive all stakes, entrance moneys and
				  fees incident to the meeting within 14 days after the conclusion of the
				  meeting, and shall disburse all receipts of money to any person that is to
				  receive any money.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-10 - Horsemen's Bookkeeper

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				  General Authority. The horsemen's bookkeeper shall maintain the records and
				  accounts and perform the duties described in this section and maintain any
				  other records and accounts and perform any other duties prescribed by the
				  association and the Racing Commission.
10.2. Records. The following provisions apply
				  to the records maintained by the horsemen's bookkeeper:
10.2.a. The records shall include the name,
				  mailing address, social security number, or federal tax identification number,
				  and the state or country of residence of each thoroughbred owner, trainer or
				  jockey participating at the race meeting who has funds due or on deposit in the
				  horsemen's account.
10.2.b. The
				  records shall include a file of all required statements of partnerships,
				  syndicates, corporations, assignments of interest, lease agreements, and
				  registrations of authorized agents.
10.2.c. All records of the horsemen's
				  bookkeeper shall be kept separate and apart from the records of the
				  association.
10.2.d. All records of
				  the horsemen's bookkeeper including records of accounts and monies and funds
				  kept on deposit are subject to inspection by the Racing Commission at any
				  time.
10.2.e. If the horsemen's
				  bookkeeper is an employee of the association, the association licensee is
				  subject to disciplinary action by the Racing Commission for any violations of
				  or non-compliance with the provisions of this rule.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-11 - Paddock Judge

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. General
				  Authority. The paddock judge shall:
11.1.a.
				  supervise the assembly of thoroughbreds in the paddock no later than fifteen
				  (15) minutes before the scheduled post time for each race;
11.1.b. maintain a written record of all
				  equipment, inspect all equipment of each thoroughbred saddled, and report any
				  change thereof to the stewards;
11.1.c. prohibit any change of equipment
				  without the approval of the stewards;
11.1.d. ensure that the saddling of all
				  thoroughbreds is orderly, open to public view, free from public interference,
				  and that thoroughbreds are mounted at the same time, and leave the paddock for
				  the post in proper sequence;
11.1.e. supervise paddock schooling of all
				  thoroughbreds approved for such by the stewards;
11.1.f. report to the stewards any observed
				  cruelty to a thoroughbred;
11.1.g.
				  ensure that only properly authorized persons are permitted in the paddock;
				  and
11.1.h. report to the stewards
				  any unusual or illegal activities.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-12 - Horse Identifier

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				  General Authority. The horse identifier shall:
12.1.a. when required, ensure the safekeeping
				  of registration certificates held at the racetrack for thoroughbreds stabled
				  and/or racing on association grounds;
12.1.b. inspect documents of ownership,
				  registration, or breeding necessary to ensure the proper identification of each
				  thoroughbred scheduled to compete at a race meeting;
12.1.c. examine every starter in the paddock
				  for sex, color, markings and lip tattoo, microchip (ISO 11784), freeze brand or
				  other identification method approved by the appropriate breed registry and the
				  Racing Commission for comparison with its registration certificate to verify
				  the thoroughbred's identity; and
12.1.d. supervise the tattooing, microchip
				  implanting, freeze branding or other method of identification approved by the
				  appropriate breed registry and the Racing Commission for identification of any
				  thoroughbred located on association grounds, if he or she is the official
				  tattooer.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-14 - Jockey Room Custodian

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				  General Authority. The jockey room custodian shall:
14.1.a. maintain order, decorum, and
				  cleanliness in the jockey and scale rooms;
14.1.b. assist the clerk of the scales in the
				  performances of his or her duties;
14.1.c. ascertain that no persons, other than
				  racing officials, members of the Racing Commission or its representatives,
				  representatives of jockeys, and necessary jockey room attendants are admitted
				  to the jockey room on a day of racing without the express permission of the
				  stewards for each time of entry;
14.1.d. oversee the care and storage of all
				  racing colors;
14.1.e. oversee the
				  jockeys' attendants and arrange their rotation among jockeys in the matter of
				  weighing out;
14.1.f. ascertain
				  that any jockey attendant not approved by the stewards and not holding an
				  occupational permit issued by the Racing Commission is permitted to assist any
				  jockey at any time;
14.1.g. report
				  any irregularities to the stewards that occur in the jockey room;
14.1.h. ascertain that jockeys are neat in
				  appearance and attired in keeping with this rule when they leave the room to
				  ride in a race;
14.1.i. notify the
				  jockeys that it is time to go directly to the paddock and notify the stewards
				  of any jockey not in compliance; and
14.1.j. ensure that the jockeys' room is
				  properly equipped and inform the stewards and association of any
				  deficiencies.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-15 - Starter

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. General
				  Authority. The starter shall:
15.1.a. have
				  complete jurisdiction over the starting gate, the starting of thoroughbreds and
				  the authority to give orders not in conflict with the rules of racing as may be
				  required to ensure all participants an equal opportunity to a fair
				  start;
15.1.b. appoint and
				  supervise assistant starters who have demonstrated they are adequately trained
				  to safely handle thoroughbreds in the starting gate. In emergency situations,
				  the starter may appoint qualified individuals to act as substitute assistant
				  starters;
15.1.c. ensure that at
				  least one assistant starter is available for each thoroughbred in a race,
				  unless permission is otherwise granted by the stewards;
15.1.d. assign the starting gate stall
				  positions to assistant starters and notify the assistant starters of their
				  respective stall positions before post time for the race;
15.1.e. assess the ability of each person
				  applying for a jockey's permit in breaking from the starting gate and working a
				  thoroughbred in the company of other thoroughbreds, and make such assessment
				  known to the stewards;
15.1.f. load
				  thoroughbreds into their positions in the starting gate in alternating
				  sequence, with the thoroughbred assigned to the post closest to the inside rail
				  and the thoroughbred assigned to the post position nearest to the middle of the
				  field being loaded first, and so on, until the field is properly loaded. When
				  there are less than seven (7) thoroughbreds running a race, they may be loaded
				  in the starting gate in the order of their positions beginning from the inside
				  rail. Vicious and unruly horses may be loaded out of sequence in the discretion
				  of the starter; and
15.1.g. assess
				  any thoroughbred that has not run a race within the preceding six (6) months
				  and determine whether or not it can break out of the gate
				  satisfactorily.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 3 - RACING OFFICIALS › Section 178-1-16 - Timer/Clocker

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. General
				  Authority of the Timer. The following provisions shall apply to the general
				  authority of the timer:
16.1.a. The timer
				  shall accurately record the time elapsed between the start and finish of each
				  race.
16.1.b. The time shall be
				  recorded from the instant that the first horse leaves the point from which the
				  distance is measured until the first horse reaches the finish line.
16.1.c. At the end of a race, the timer shall
				  post the official running time on the infield totalisator board on instruction
				  by the stewards.
16.1.d. At a
				  racetrack equipped with an appropriate infield totalisator board, the timer
				  shall post the quarter times (splits) for thoroughbred races in fractions as a
				  race is being run.
16.1.e. For
				  back-up purposes, the timer shall also use a stopwatch to time all races. In
				  time trials, the timer shall ensure that at least three stopwatches are used by
				  the stewards or their designees.
16.1.f. The timer shall maintain a written
				  record of fractional and finish times of each race and have the same available
				  for inspection by the stewards or the Racing Commission on request.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 4 - ISSUANCE OF LICENSES AND DUTIES OF LICENSEES › Section 178-1-20 - General Duty

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. An
				  association, its officers, directors, officials and employees shall abide by
				  and enforce the laws of this state governing racing and the rules and orders of
				  the Commission and stewards and failure to do so may result in the imposition
				  of disciplinary action against the association's license and/or against the
				  occupational permit held by an officer, director, official, and/or employee of
				  the association.
20.2. No
				  individual who has a direct or indirect financial interest of twenty percent
				  (20%) or more in a partnership, firm, association, corporation, or other entity
				  or organization of whatever character or description licensed by the Racing
				  Commission to conduct horse racing and pari-mutuel wagering shall race or
				  permit, or cause to be raced, any horse in which he or she has an interest,
				  either direct or indirect, at any meeting where racing is conducted under the
				  license.
20.3. Any person holding
				  an occupational permit who is actively engaged in the management of any aspect
				  of the operations of a licensed racetrack shall not directly or indirectly
				  wager on the outcome of any race under the jurisdiction of the Racing
				  Commission.
20.4. If the
				  association is a corporation, it shall, upon request, provide a list of all
				  stockholders or shareholders to the Racing Commission.
20.5. 30 days before conducting a stakes
				  race, each association shall submit to the Racing Commission the conditions for
				  all stakes races it proposes to hold, together with the stake, purse or reward,
				  all of which are subject to the approval of the Racing Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 4 - ISSUANCE OF LICENSES AND DUTIES OF LICENSEES › Section 178-1-21 - Financial Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1.
				  Insurer of the Race Meeting. The following provisions apply to the
				  association's duty as insurer of each race meeting:
21.1.a. The association shall maintain, in an
				  approved depository, the amounts deducted from the pari-mutuel handles for
				  purse distribution as specified by the provisions of W. Va. Code §
											19-23-10 and this rule.
21.1.b. An association is obligated as part
				  of its duties to ensure that the amounts retained from the pari-mutuel handles
				  are distributed according to the West Virginia Code and Racing Commission
				  rules.
21.1.c. An association shall
				  ensure that all purse monies, disbursements and appropriate nomination race
				  monies are available to make timely distribution in accordance with the West
				  Virginia Code, Racing Commission rules, association rules and race
				  conditions.
21.1.d. The association
				  shall provide proof of liability insurance coverage upon request of the Racing
				  Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 4 - ISSUANCE OF LICENSES AND DUTIES OF LICENSEES › Section 178-1-23 - Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Security. The
				  following provisions apply to the security required on association grounds:
23.1.a. An association conducting a race
				  meeting shall maintain security controls over its grounds.
23.1.b. An association shall establish a
				  system or method of issuing credentials or passes to restrict access to its
				  restricted areas, which includes but is not limited to the stable area and
				  paddock, and to ensure that all participants at its race meeting hold permits
				  as required by this rule.
23.1.c.
				  An association shall prevent access to and shall remove or cause to be removed
				  from its restricted areas, which includes but is not limited to the stable area
				  and paddock, any person who does not have an occupational permit, or who has
				  not been issued a visitor's pass or other identifying credential, or whose
				  presence in such restricted area is unauthorized.
23.1.d. Upon request, a written report shall
				  be made to the Racing Commission or the stewards by the director of the
				  security department at each race track, which details any and all occurrences
				  or incidents on association grounds. This report shall include the name of all
				  persons involved in the occurrences or incidents and the circumstances of the
				  occurrences or incidents.
23.1.e.
				  It is the responsibility of the racing association conducting a meeting under a
				  license issued by the Racing Commission to assure that all persons under the
				  age of 16 years are properly supervised by an adult when admitted to the
				  association grounds. Persons under the age of 16 years may not be admitted in a
				  restricted area without the written permission of the stewards, except in case
				  of an emergency or except where the person has been issued a permit at age 16
				  pursuant to the exception specified in subdivision 24.1.i. of this rule.
				  Violation of this rule may result in a fine or other discipline against a
				  licensee and/or occupational permit holder when warranted in the discretion of
				  the stewards and/or the Racing Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-25 - Owners

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. Permit
				  Requirements for Owners. The following provisions apply to the permit
				  requirements for owners:
25.1.a. Each person
				  who has 5% or more ownership or beneficial interest in a horse is required to
				  hold an occupational permit issued by the Racing Commission.
25.1.b. All owners of horses and their
				  employees are subject to the permit requirements of this rule immediately upon
				  acceptance or occupancy of stabling accommodations from an association or upon
				  making an entry to run on an association's racetrack. Every owner who races
				  and/or stables his or her horses on the association's racetrack shall notify
				  the association and the stewards of the names of his or her
				  employees.
25.1.c. An applicant for
				  an owner's permit shall own or lease a horse which is eligible to race and
				  under the care of a trainer holding a permit issued by the Racing Commission.
				  An owner shall notify the stewards of a change in trainer of his or her horse
				  and shall obtain a notarized transfer certificate. Provided that a notarized
				  transfer certificate shall not be required if the horse has not run within a 60
				  day period or a period of 60 days has passed since the horse last started at
				  the subject racetrack.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-27 - Owners' Authorized Agents

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Permits required. The following
				  provisions apply to the permit requirements for owners' authorized agents:
27.1.a. Each authorized agent shall obtain an
				  occupational permit from the Racing Commission.
27.1.b. An application for a permit shall be
				  filed for each owner represented.
27.1.c. A written instrument signed by the
				  owner shall accompany the authorized agent's application for a permit and shall
				  clearly set forth the delegated powers of the authorized agent. The owners'
				  signature shall be acknowledged before a notary public.
27.1.d. If the written instrument is a power
				  of attorney it shall be filed with the Racing Commission and attached to the
				  application.
27.1.e. An owner
				  wishing to make changes to the written instrument shall do so in writing in a
				  signed, notarized statement.
27.1.f. The authorized agent's appointment
				  may be terminated by the owner, in writing, acknowledged before a notary public
				  and filed with the Commission whereupon the authorized agent's permit shall not
				  be valid.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-28 - Jockeys

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. Eligibility.
				  The following provisions apply to the eligibility of jockeys for permits and
				  for racing:
28.1.a. A jockey shall obtain an
				  occupational permit from the Racing Commission, and the Racing Commission shall
				  not issue an occupational permit to any jockey under 18 years of age.
28.1.b. A jockey shall pass a physical
				  examination given within the previous 12 months by a licensed physician, a
				  licensed physician's assistant, or a licensed nurse practitioner affirming
				  fitness to participate as a jockey, as well as a baseline concussion test using
				  the most current SCAT testing protocol. The stewards may require that any
				  jockey be reexamined and may refuse to allow any jockey to ride pending
				  completion of such examination.
28.1.c. An applicant for an occupational
				  permit to act as a jockey shall show competence by evidence of the holding of
				  other racing permits and/or the demonstration of riding ability, which may
				  include the riding of 10 or more races under a temporary occupational permit
				  issued by the stewards. The stewards and/or the Racing Commission may consult
				  representatives of the jockeys and the horsemen, the starter, and any other
				  racing personnel that they deem appropriate in determining the competence and
				  ability of an individual applying for an occupational permit to act as a
				  jockey.
28.1.d. A jockey who is
				  serving a suspension of 10 race days or less may ride in designated races
				  during the suspension if:
28.1.d.1. the race
				  has been specified as a designated race by the association's racing secretary
				  before the inception of the race meeting at the association; or
28.1.d.2. the race has been approved as a
				  designated race by the stewards officiating at the meeting; and
28.1.d.3. the jockey is named no later than
				  the time set for the close of entries for the race; and
28.1.d.4. the jockey agrees to serve an
				  additional race day of suspension in place of the race day on which the jockey
				  rides in a designated race.
28.1.d.5. Reciprocity of this rule applies
				  only to those states, which have adopted the designated race rule.
28.1.e. The suspension of a jockey
				  for a riding interference or other riding offense begins on the second race day
				  after the ruling, unless otherwise ordered by the stewards. A suspension for
				  all other offenses begins immediately after the ruling.
28.1.f. A jockey temporarily suspended may
				  exercise or gallop horses until the racetrack closes for the morning.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-30 - Blacksmiths

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. An applicant
				  for an occupational permit to act as a blacksmith shall be qualified, as
				  determined by the stewards, by reason of experience, background and knowledge
				  of blacksmithing. A permit to act as a blacksmith from another jurisdiction,
				  having been issued within a prior period as determined by the stewards, may be
				  accepted as evidence of experience and qualifications.
30.2. An applicant for an occupational permit
				  to act as a blacksmith who has not been previously issued a permit in this or
				  any other state shall:
30.2.a. provide written
				  statements from two (2) reputable persons attesting that the applicant is
				  personally known to them; that the applicant is of good character and
				  reputation; and that the applicant is capable of engaging in the vocation of
				  blacksmith;
30.2.b. pass a test
				  conducted by a panel appointed by the stewards in which the applicant:
30.2.b.1. undergoes a written or oral
				  examination regarding horse shoes and horse shoeing;
30.2.b.2. demonstrates that he or she can
				  shoe a horse with racing plates; and
30.2.b.3. demonstrates that he or she can fit
				  a steel stock shoe to a pattern provided by the panel, for the application of a
				  bar to be added.
30.2.c.
				  The composition of the panel is within the stewards' discretion.
30.2.d. The applicant shall have his or her
				  own tools necessary to complete the examination.
30.2.e. If the applicant fails the test, he
				  or she may retake it after a period of six (6) months.
30.2.f. The stewards may exempt an applicant
				  from the test requirement if the applicant can produce a certificate or other
				  verification that he or she has graduated from an accredited blacksmith
				  school.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-31 - Practicing Veterinarians

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1.
				  Eligibility. An applicant for a permit as a practicing veterinarian shall be
				  qualified and licensed to practice veterinary medicine in the state of West
				  Virginia and be otherwise qualified to be issued a permit to participate in
				  racing. An application for a practicing veterinarian permit from the Racing
				  Commission must be accompanied by a copy of the applicant's current license to
				  practice veterinary medicine in the state of West Virginia.
31.2. Responsibility. The following
				  provisions apply to the responsibilities of practicing veterinarians:
31.2.a. All practicing veterinarians
				  administering drugs, medications, or other substances shall be responsible for
				  ensuring that the drugs, medications or other substances and the veterinary
				  treatment of horses are administered in accordance with this rule.
31.2.b. All practicing veterinarians shall
				  promptly notify the Racing Commission veterinarian(s) of any reportable disease
				  and any unusual incidence of a communicable illness in any horse in his/her
				  charge.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-32 - Tip Sheet Vendor

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1.
				  Any person granted an occupational permit as a tip sheet vendor shall comply
				  with the following:
32.1.a. Only one (1)
				  version of a tip sheet for use at any one (1) racetrack on any given race day
				  may be published and sold by a tip sheet vendor holding an occupational
				  permit.
32.1.b. To ensure fair
				  conditions for the wagering public, a tip sheet vendor may not use the same
				  facilities to produce a tip sheet that is used by another tip sheet vendor at
				  the same racetrack.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 6 - CLAIMING RACING › Section 178-1-33 - Claiming Racing - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. A person may not claim ownership in a
				  horse after the horse has run in a claiming race in the name of another person
				  who, at the time of the race, had peaceable and undisputed possession of the
				  horse.
33.2. Every horse claimed
				  shall run in the interest and for the account of the owner who entered it in
				  the race, but title to the claimed horse is vested in the successful claimant
				  from the time the horse becomes a starter. The successful claimant shall become
				  the owner of the horse. Provided that, a claim shall be voided if a horse
				  suffers a fatality during the running of the race, dies, or is euthanized by a
				  Racing Commission veterinarian on the race course or an adjacent area to which
				  the horse may be safely and humanely removed as directed by a Racing Commission
				  veterinarian. Provided further that, a claim is voidable at the discretion of
				  the new owner for a period of one hour after the race is made official, for any
				  horse that is vanned off the track at the direction of a Racing Commission
				  veterinarian or that is observed by a Racing Commission veterinarian to be lame
				  or unsound while on the racetrack for that race.
33.3. For claiming purposes, if a horse is
				  owned by more than one (1) owner, the total ownership shall be considered as a
				  single entity.
33.4. At the time of
				  entry into a claiming race, the owner may opt to declare a horse ineligible to
				  be claimed, provided that the horse has been laid off and has not started for a
				  minimum of 180 days since its last race and is entered for a claiming price
				  equal to or greater than the claiming price of the horse's last start. A notice
				  shall be included in the daily program if an owner opts to declare a horse
				  ineligible to be claimed under this subsection.
33.5. The stewards shall decide any questions
				  arising under these sections pertaining to claiming racing; shall pass upon all
				  claims; and, may, in their discretion, declare any claim void.