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 6 - CLAIMING RACING › Section 178-1-36 - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. A person
				  shall not claim more than one (1) horse in a race, nor shall a person submit
				  more than one (1) claim for the same horse.
36.2. An authorized agent, although
				  representing more than one eligible claimant, shall not submit more than one
				  (1) claim in any race.
36.3. A
				  trainer, even though eligible to make a claim, shall not submit a claim in the
				  same race in which the owner of horses trained by him or her has submitted a
				  claim. If this occurs, the stewards shall declare the trainer's claim
				  void.
36.4. When a stable consists
				  of horses owned by more than one (1) owner, but trained by the same trainer,
				  not more than one (1) claim may be entered on behalf of the stable in any race.
				  If more than one (1) claim is entered, the owners shall compete by lot for the
				  claim.
36.5. When a stable consists
				  of horses owned by more than one (1) owner, but trained by the same trainer,
				  the owners are not eligible to claim from that trainer's stable.
36.6. A person shall not offer or enter into
				  an agreement to claim, or attempt to prevent another person from claiming, a
				  horse in a claiming race.
36.7.
				  Owners and trainers running horses in a claiming race shall not collude or make
				  any agreement for the protection of their horses.
36.8. Any person making a false affidavit in
				  connection with the filing of a claim pursuant to the procedures set forth in
				  section 37 of this rule, may be summarily suspended by the stewards or may be
				  subject to other disciplinary action by 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 6 - CLAIMING RACING › Section 178-1-37 - Procedure for Claiming

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1.
				  The claiming price of each horse in a claiming race shall be printed on the
				  official program and all claims for a horse shall be for the amount designated
				  in the official program, plus all transfer fees and applicable taxes.
37.2. To make a valid claim for a horse, an
				  eligible person shall:
37.2.a. deposit with
				  the horsemen's bookkeeper an amount equal to the amount of the claim, plus all
				  transfer fees and applicable taxes, unless at the time of making the claim the
				  person has an unencumbered amount equal to the amount of the claim to his or
				  her credit with the horsemen's bookkeeper;
37.2.b. accurately complete a written claim
				  on a form approved by the stewards and which shall include an affidavit in
				  which the claimant certifies that he or she is claiming the horse for his or
				  her own account or as an authorized agent, and not for any other
				  person;
37.2.c. identify the horse
				  to be claimed by the spelling of its name as spelled on the official
				  program;
37.2.d. place the
				  completed claim form inside a sealed envelope approved by the stewards which
				  shall have no identification marked on it other than the number of the race in
				  which the claim is being made;
37.2.e. have the time of day that the claim
				  is entered stamped on the envelope; and
37.2.f. have the envelope deposited in the
				  locked claim box no later than 10 minutes prior to post time of the race for
				  which the claim is entered.
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 178-1-38 - Transfer of Claimed Horses

Current through Register Vol. XLI, No. 28, July 12, 2024
38.1. Upon a successful claim, the stewards
				  shall issue an authorization of transfer of the horse from the original owner
				  to the claimant. Copies of the transfer authorization shall be forwarded to and
				  maintained by the stewards and the association's racing secretary. Upon
				  notification by the stewards, the horsemen's bookkeeper shall immediately debit
				  the claimant's account for the claiming price, applicable taxes and transfer
				  fees.
38.2. A person shall not
				  refuse to deliver a properly claimed horse to the successful claimant. If a
				  person refuses to deliver a properly claimed horse, the stewards may prevent
				  the horse claimed from racing, and may prevent all other horses owned or
				  trained by that person from racing, until delivery is made.
38.3. Transfer of possession of a claimed
				  horse shall take place immediately after the race has been run by the delivery
				  of the horse to the claimant in the paddock, unless otherwise directed by the
				  stewards. However, if the horse is required to be taken to the test barn for
				  post-race testing, the original trainer or his/her designee shall maintain
				  physical custody of the claimed horse; shall observe the testing procedure;
				  shall sign the official form as witness to the taking of the specimen; and,
				  shall, upon the release of the horse by the Racing Commission veterinarian or
				  his or her designee, transfer possession of the claimed horse to the claimant.
				  The successful claimant or his or her designee may also accompany the horse to
				  the test barn for post-race testing.
38.4. When a horse is claimed out of a
				  claiming race, the horse's engagements are transferred, with the horse, to the
				  claimant.
38.5. Any horse claimed
				  shall not be sold or transferred, wholly or in part thereof, to anyone for 30
				  days except in another claiming race. The horse shall not remain in the same
				  barn or under the control or management of its former owner or trainer for 30
				  days, unless reclaimed, nor shall it race outside of the state of West Virginia
				  for a period of 60 days, except for stakes races and special events, or unless
				  special permission is granted by the stewards. In the absence of live racing in
				  the State for a period exceeding seven (7) days, the association may suspend
				  the 60 day period until live racing resumes.
38.6. The previous trainer of a claimed horse
				  shall, within 48 hours after a race is made official, provide to the new owner
				  an accurate record of all corticosteroid joint injections that were
				  administered to the horse within 30 days before the race.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 7 - RULES OF THE RACE › Section 178-1-39 - Entries and Nominations

Current through Register Vol. XLI, No. 28, July 12, 2024
39.1.
				  Entries. The following provisions apply to entries:
39.1.a. A horse shall not be qualified to
				  start in any race unless the horse has been entered and is qualified at the
				  time of starting for the race in which it has been entered.
39.1.b. No person shall willfully enter, or
				  cause to be entered, or start a horse in a race, when he or she knows or
				  believes the horse to be ineligible or disqualified.
39.1.c. A person who does not have an
				  interest in a horse that is at least equal to the ownership interest of any
				  other individual owner may not enter the horse in a race as the
				  owner.
39.1.d. One (1) or more of
				  the owners of a horse may make joint subscriptions and entries. However, each
				  owner is jointly and separately liable for all fees.
39.1.e. A horse must be eligible at the time
				  of starting.
39.1.f. No horse owned
				  by multiple owners shall be permitted to enter or to start until the owners
				  have complied with rules for the permitting of multiple owners as set forth in
				  subsection 25.2. of this rule.
39.1.g. If the association's racing secretary
				  receives an entry from any disqualified person or a disqualified horse, the
				  entry is void and any money paid for that entry shall be returned if the
				  disqualification is disclosed 45 or more minutes before post time for the race.
				  Otherwise, any money shall be paid to the winner.
39.1.h. The association's racing secretary
				  shall not accept an entry from spouses while either is disqualified from racing
				  if the spouse is also a trainer.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 7 - RULES OF THE RACE › Section 178-1-42 - Weights

Current through Register Vol. XLI, No. 28, July 12, 2024
42.1. Allowances.
				  The following provisions apply to weight allowances:
42.1.a. A weight allowance must be claimed at
				  time of entry and shall not be waived after the posting of entries, except by
				  consent of the stewards.
42.1.b. A
				  horse shall start with only the allowance of weight to which it is entitled at
				  time of starting, regardless of its allowance at time of entry.
42.1.c. Horses not entitled to the first
				  weight allowance in a race shall not be entitled to any subsequent allowance
				  specified in the conditions.
42.1.d. A claim of weight allowance to which
				  a horse is not entitled shall not disqualify it unless a protest is made in
				  writing and lodged with the stewards at least one (1) hour before post time for
				  that race.
42.1.e. A horse shall
				  not be given a weight allowance for failure to finish second or lower in any
				  race.
42.1.f. No horse shall
				  receive an allowance of weight nor be relieved extra weight for having been
				  beaten in one (1) or more races, but this rule shall not prohibit maiden
				  allowances or allowances to horses that have not won a race within a specified
				  period or a race of a specified value.
42.1.g. Except in handicap races which
				  expressly provide otherwise, two (2) year old fillies shall be allowed three
				  (3) pounds, and fillies and mares, three (3) years old and upward, shall be
				  allowed five (5) pounds before September 1 and three (3) pounds thereafter in
				  races where competing against male horses.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 7 - RULES OF THE RACE › Section 178-1-43 - Workouts

Current through Register Vol. XLI, No. 28, July 12, 2024
43.1. Requirements.
				  Any horse which has not raced for a period of 60 days shall have one (1)
				  published workout, or a workout certified by the clocker, to be announced over
				  the public address system prior to the horse starting.
43.2. Identification. The following
				  provisions apply to the identification requirements for workouts:
43.2.a. An occupational permit holder
				  exercising a horse in a workout shall identify the horse at the request of the
				  clocker.
43.2.b. An occupational
				  permit holder exercising a horse in a workout shall, upon request of the
				  clocker, identify the distance the horse is to be worked and the point on the
				  track where the workout will start.
43.2.c. An occupational permit holder wishing
				  to exercise a horse on the racing strip between races shall obtain permission
				  from the stewards and the track superintendent. When a horse is being warmed up
				  or exercised between races, a public announcement shall be made giving the name
				  of the horse and explaining its presence on the racing strip.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 7 - RULES OF THE RACE › Section 178-1-45 - Running of the Race

Current through Register Vol. XLI, No. 28, July 12, 2024
45.1.
				  Equipment. The following provisions apply to the equipment used in connection
				  with the running of a race:
45.1.a. All riding
				  crops are subject to approval and enforcement by the stewards and inspection by
				  the clerk of scales and outrider, and shall meet the following requirements:
45.1.a.1. Riding crops shall have a shaft and
				  a flap and will be allowed in racing and training, only as follows:
45.1.a.1.A. Maximum weight of eight
				  ounces;
45.1.a.1.B. Maximum length,
				  including flap, of 30 inches;
45.1.a.1.C. Minimum diameter of the shaft of
				  three-eighths (3/8) inch; and
45.1.a.1.D. Shaft contact area must be
				  smooth, with no protrusions or raised surface, and covered by shock absorbing
				  material.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 7 - RULES OF THE RACE › Section 178-1-46 - Protests, Objections and Inquiries

Current through Register Vol. XLI, No. 28, July 12, 2024
46.1. Stewards to Inquire. The following
				  provisions apply to inquiries by the stewards:
46.1.a. The stewards shall take cognizance of
				  foul riding and may entertain reports from other racing officials, regardless
				  of whether or not a formal complaint is made. The stewards shall not consider a
				  complaint which comes from any person other than the jockey, trainer, or owner
				  of the horse interfered with.
46.1.b. In determining the extent of
				  disqualification, the stewards in their discretion may:
46.1.b.1. declare null and void a track
				  record set or equalled by a disqualified horse, or any horses included with it
				  in an entry due to common ties of ownership or training;
46.1.b.2. affirm the placing judges' order of
				  finish and hold the jockey responsible if, in the stewards' opinion, the foul
				  riding did not affect the order of finish; or
46.1.b.3. disqualify the offending horse and
				  hold the jockey blameless if in the stewards' opinion the interference to
				  another horse in a race was not the result of an intentional foul or careless
				  riding on the part of a jockey.
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 178-1-47 - Equine Health

Current through Register Vol. XLI, No. 28, July 12, 2024
47.1.
				  General. All horses that move onto a West Virginia racetrack from another state
				  or country must comply with all applicable rules of the West Virginia
				  Commissioner of Agriculture and with the applicable rules of the United States
				  Department of Agriculture.
47.2.
				  Equine Infectious Anemia (EIA). The following provisions apply to equine
				  infectious anemia (EIA):
47.2.a. No horse
				  shall be permitted on the grounds of a racing association in this state unless
				  the horse has had a negative Coggins test for EIA.
47.2.b. A person designated by the racing
				  association, must review official test papers of each horse at the time of
				  entry on the grounds of the racing association to ensure that all horses are
				  negative for EIA.
47.2.c. All
				  horses being moved interstate must have been tested for EIA with a negative
				  result within twelve (12) months prior to start in a race held under the
				  jurisdiction of the Racing Commission.
47.2.d. All horses not moved interstate must
				  have been tested for EIA with a negative result within 12 months prior to start
				  in a race held under the jurisdiction of the Racing Commission.
47.2.e. Should a horse at a racetrack in this
				  state test positive for EIA, notification shall be sent to the West Virginia
				  Commissioner of Agriculture within 24 hours after the results of the test are
				  known. Copies of the notification sent to the Commissioner of Agriculture shall
				  be simultaneously provided to the stewards and the association.
47.2.f. Once a positive EIA test is received
				  for a horse at a racetrack in this state, the rules and procedures of the
				  Commissioner of Agriculture govern the handling and movement of infected and
				  exposed horses at the track.
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 178-1-49 - Medications and Prohibited Substances

Current through Register Vol. XLI, No. 28, July 12, 2024
49.1. General. Upon a finding of a violation
				  of this medication and prohibited substances rule, the stewards shall consider
				  the classification level of the violation as listed in the Uniform
				  Classification Guidelines for Foreign Substances as promulgated by the
				  Association of Racing Commissioners International (RCI), Version 14.1 (revised
				  January 2020), set forth in table 178-1D at the end of this rule. Imposition of
				  penalties and disciplinary action by the stewards for a violation of this
				  medication and prohibited substances rule shall be consistent with the penalty
				  guidelines set forth in table 178-1E at the end of this rule. The stewards may
				  also consult with a Racing Commission veterinarian to determine if the
				  violation was a result of the administration of a therapeutic medication as
				  documented in a veterinarian's treatment record per subsection 48.4. The
				  stewards may also consult with the laboratory director or other individuals to
				  determine the seriousness of the laboratory finding or the medication
				  violation. Penalties for all medication and drug violations shall be
				  investigated, reviewed, and determined on a case by case basis. As a result of
				  the investigation, there may be mitigating circumstances for which a lesser or
				  no penalty is appropriate for the permit holder and aggravating factors, which
				  may increase the penalty beyond the minimum. Factors that may be considered
				  are:
49.1.a. The past record of the trainer,
				  veterinarian, and/or owner in drug cases;
49.1.b. The potential of the drug(s) to
				  influence a horse's racing performance;
49.1.c. The legal availability of the
				  drug;
49.1.d. Whether there is
				  reason to believe the responsible party knew of the administration of the drug
				  or intentionally administered the drug;
49.1.e. The steps taken by the trainer to
				  safeguard the horse;
49.1.f. The
				  probability of environmental contamination or inadvertent exposure due to human
				  drug use;
49.1.g. The purse of the
				  race;
49.1.h. Whether the drug
				  found was one for which the horse was receiving a treatment as documented by
				  the treating veterinarian's treatment records;
49.1.i. Whether there was any suspicious
				  betting pattern in the race;
49.1.j. Whether the trainer was acting under
				  the advice of a veterinarian licensed to practice in West Virginia and holding
				  an occupational permit issued by the Racing Commission; and
49.1.k. Any other factors deemed relevant and
				  documented in writing by the stewards.
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 178-1-50 - Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
50.1. Reporting to
				  the Test Barn. The following provisions apply to reporting to the test barn:
50.1.a. The official winning horse and any
				  other horse ordered by the stewards shall be taken immediately after a race to
				  the test barn to provide specimens of urine, blood or other bodily substances
				  or tissues at the direction of a Racing Commission veterinarian.
50.1.b. After each race, security personnel
				  shall maintain uninterrupted observation of the horse or horses to be tested
				  from the unsaddling area and/or the racetrack to the test barn.
50.1.c. The stewards or a Racing Commission
				  veterinarian(s) may require at any time that any horse be sent to the test barn
				  to provide specimens of urine, blood, or other bodily substances or tissues, as
				  well as for an examination for sponging, and any other examination as may be
				  directed by the stewards or a Racing Commission veterinarian.
50.1.d. The stewards or a Racing Commission
				  veterinarian may also require any horse stabled at a racetrack to provide
				  specimens of urine, blood, or other bodily substances or tissues.
50.1.e. A Racing Commission veterinarian or
				  the stewards may authorize a horse to return to its barn under security for the
				  purpose of collecting specimens.
50.1.f. A security guard shall monitor access
				  to the test barn during its operation. The security guard shall require all
				  persons entering the test barn to sign in and sign out on a log to be
				  maintained at the test barn.
50.1.g. No more than two (2) persons shall
				  accompany the horse into the test barn. Such persons must hold occupational
				  permits issued by the Racing Commission and must have a legitimate reason for
				  being in the test barn area. No horse or persons accompanying it shall be
				  permitted to leave the test barn until the specimens have been obtained or
				  until they have been otherwise excused by a Racing Commission
				  veterinarian.
50.1.h. Once any
				  person accompanying a horse into the test barn has departed the test barn, he
				  or she shall not be permitted to reenter, unless reentering to attend to a
				  different horse. This prohibition does not apply to the trainer of a horse in
				  the test barn, the Racing Commission veterinarian(s), practicing veterinarians
				  attending to horses in the test barn, or other Racing Commission
				  personnel.
50.1.i. All veterinary
				  technicians or assistants collecting specimens shall remain in the test barn
				  after the arrival of the first horse until they have completed their duties,
				  unless excused by a Racing Commission veterinarian.
50.1.j. Random or extra testing may be
				  required by the stewards or the Commission at any time on any horse on
				  association grounds.
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 › 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 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 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Type of Rule.
				-- This rule is a procedural rule as defined in W. Va. Code '29A-1-2.
1.2. Scope. -- This procedural rule provides
				the procedure to be followed when determining the organization that represents
				the majority of the horsemen at a racetrack in West Virginia.
1.3. Authority. -- This procedural rule is
				promulgated under the authority of W. Va. Code '19-23-6.
1.4. Filing Date. -- February 2,
				1996.
1.5. Effective Date. -- March
				4, 1996.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-2 - Interpretative Note

Current through Register Vol. XLI, No. 28, July 12, 2024
This procedural rule shall be read in pari materia with the
				  Thoroughbred Racing legislative rule (178 C.S.R. 1, '1 et seq. ) previously
				  promulgated by the West Virginia Racing Commission pursuant to authority
				  granted by the Legislature. The definitions, policies and procedures provided
				  in 110 C.S.R. 1, '1 et seq. are equally applicable to this procedural rule.
				  Should there be any inconsistency between the promulgated legislative rule and
				  this procedural rule, the legislative rule shall control, except to the extent
				  the legislative rule does not reflect an amendment to the W. Va. Code which is
				  addressed in this or another procedural rule promulgated by the West Virginia
				  Racing Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless a specific definition is provided in this section,
				  terms used in this rule are defined as provided in legislative rule 178 C.S.R.
				  1, '1 et seq. unless the context in which the term is used clearly requires a
				  different meaning. Additionally, the following terms shall have the meaning
				  ascribed herein, and shall apply in the singular as well as in the
				  plural.
3.1. "Horsemen" means those
				owners and trainers who have a permit issued pursuant to W. Va. Code
				'19-23-2.
3.2. "Trainer" means the person who is
				responsible for the condition of the horse trained by him or her.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-4 - Petition

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				organization may petition the Commission to hold an election for the purpose of
				obtaining recognition as the organization that represents the interests of a
				majority of the horsemen at a racetrack in West Virginia. The same procedure
				shall apply for any organization seeking to challenge the organization
				designated as the representative of a majority of the horsemen who hold the
				required permit at the track.
4.2.
				The petition shall be accompanied by the signature, printed name and license
				number of at least two hundred fifty (250) horsemen who are at the time the
				petition is signed licensed by the Commission and are eligible to vote pursuant
				to '178-1P1-8 of this rule. Each horseman who signs the petition shall do so no
				more than ninety (90) days prior to the petition being submitted to the
				Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-5 - Notification of Election

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon
				receipt of the petition, the Commission shall immediately notify the
				petitioner, the organization recognized as representing a majority of the
				horsemen at the racetrack which is the subject of the petition, and any other
				interested party that a petition has been filed and of the date when the
				Commission will meet to determine if and when an election will be
				held.
5.2. Before the date set for
				the determination of the election, the Commission staff shall verify the
				license status of all persons who signed the petition.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-6 - Organizational Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If an
				election is announced, those funds which accrue to the organization currently
				recognized as representing the majority of the horsemen at the racetrack
				requesting the election, and which accrue after the Commission meeting at which
				the election is announced, shall be placed in an escrow account established by
				the Commission and held there until the result of the election is officially
				determined by the Commission, and the Commission releases the funds.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-7 - Ballots

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Ballots shall
				be prepared and mailed by the Commission.
7.1.1. Each ballot shall be sequentially
				numbered and shall state in alphabetical order the names of the respective
				organizations seeking recognition as the horsemen's representative.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-8 - Who May Receive Ballots

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				A ballot shall be sent to each horseman who holds the permit required by W. Va.
				Code '19-23-2
				at the racetrack requesting the election, or holds the permit as set forth in
				the immediately succeeding Subsection 8.2 of this Section, and has started a
				horse at the track requesting the election. The permit must have been issued on
				or before the day the Commission announced the election would be
				held.
8.2. If the election is
				announced before June 30, a ballot shall be sent to each horseman who was
				licensed in West Virginia on December 31st of the immediately preceding
				calendar year, even if that individual has not been issued a permit for the
				current year. A ballot may not be counted unless an application for renewal and
				the appropriate fees are received by the Commission by the end of the ballot
				return cut-off date established by the Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-9 - Mailing Ballots

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. At
				the time the election is announced, the Commission shall announce the the date
				the ballots will be mailed to those eligible to vote, and a cut-off date for
				completed ballots to be received at the Commission's office and after which no
				ballots may be received at said Office. Completed ballots may be received only
				at the Commission's Office and only during normal business hours (8:30 am to
				4:30 pm, Monday through Friday).
9.2. The date for mailing the ballots may be
				changed if notice is given to the organizations involved.
9.3. The date established for mailing ballots
				may not be more than thirty (30) days after the election is
				announced.
9.4. The ballot return
				cut-off date shall be at least fifteen (15) days but no more than thirty (30)
				days after the date the ballots are actually mailed to the horsemen.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-10 - Receipt and Counting Ballots

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A list of horsemen to whom ballots are
				mailed shall be made available to the public.
10.2. The votes of individual horsemen shall
				be kept confidential, and may not be made available to any person. However, a
				current list of those horsemen who have voted shall be available for
				inspection.
10.3. Incoming ballots
				shall be verified against a master list of horsemen and ballot
				numbers.
10.4. Only ballots
				postmarked on or before the ballot return cut-off date shall be counted by the
				Commission staff. The Commission shall set a date and time for counting the
				ballots, such date to be no sooner than ten (10) days nor longer than fifteen
				(15) days after the ballot return cut-off date, and the Commission shall notify
				the competing organizations of such date and time. Representatives from the
				competing organizations may be present for the counting, but such
				representatives may neither participate in the counting nor see any completed
				ballots. The organization receiving a majority of the votes counted by the
				Commission shall be designated the organization representing the majority of
				the horsemen at the racetrack for all purposes.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01A - Determining The Organizations To Represent The Horsemen In The State › Section 178-1A-11 - Challenges

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A person
				wishing to challenge any aspect of the election procedure must file all
				objection(s) in writing with the Commission within three (3) business days
				after the Commission has completed counting the ballots and announced the
				results of the election.
11.1.1. Upon receipt
				of the written objection(s), the Commission shall set a day and time for a
				hearing on the objection(s) and shall cause notice of the hearing to be given
				to all parties.
11.1.2. All
				evidence and testimony offered at the hearing shall be retained by the
				Commission. All testimony shall be sworn, and shall be recorded and transcribed
				by a court reporter authorized to perform court reporting services in this
				State, the cost of which shall be borne by the person who filed the
				objection(s). If more than one (1) party files an objection, the costs for the
				services of the court reporter shall be shared equally among such
				parties.
11.1.3. The validity of
				the objection(s) shall be determined by the Commission in its sole discretion.
				The Commission may, in its discretion, stay the results of the election until
				after the challenge is decided.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Section 178-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule regulates tire conduct of greyhound racing in this state whether live or
				by simulcast, the conducting of pari-mutuel wagering at greyhound race tracks,
				and the breeding of greyhounds for racing.
1.2. Authority. - W. Va. Code §§
									19-23-2(a),
				19-23-3(17),
				19-23-6,
				19-23-8,
				19-23-10,
				19-23-13
				and
				19-23-15.
1.3. Filing Date. - April 29, 2021.
1.4. Effective Date. - April 29,
				2021.
1.5. Sunset Provision. - This
				rule shall terminate and have no further force and effect on August 1,
				2031.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 2 - GENERAL AUTHORITY OF THE RACING COMMISSION › Section 178-2-3 - General Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				  West Virginia Racing Commission shall regulate each greyhound race meeting in
				  the State of West Virginia and the conduct of all persons who participate in
				  each greyhound race meeting.
3.2.
				  This rule applies to all individuals, firms, associations, partnerships, or
				  corporations holding, conducting, participating in or observing a
				  meeting.
3.3. Pursuant to the
				  authority granted in West Virginia Code §
										19-23-1
				  et seq., the Commission may delegate to its executive director, the judges or
				  its representatives all powers and duties necessary to fully implement and
				  enforce these rules.
3.4. The laws
				  of the State of West Virginia and this rule supersede the conditions of a race
				  or the regulations of a racing association.
3.5. The jurisdiction of the Racing
				  Commission over matters related to subjects covered by this rule is continuous
				  throughout the year.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 2 - GENERAL AUTHORITY OF THE RACING COMMISSION › Section 178-2-4 - Racing Commission Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions apply to the employment of certain
					 personnel by the Racing Commission to assist it, the judges, the Racing
					 Commission Veterinarian and other Racing Commission employees and
					 representatives in fulfilling their regulatory duties and obligations;
4.1. Security Officer. The Racing Commission
				  shall employ a security officer at each licensed racetrack. The security
				  officer's duties shall include;
4.1.a. Working
				  with and/or at the direction of the judges and/or the Racing Commission
				  Veterinarian(s) and/or the Racing Commission to investigate and inquire into
				  any alleged violations of this rule or the laws of this state governing
				  racing;
4.1.b. Working with and/or
				  at the direction of the judges and/or the Racing Commission to review and
				  evaluate applications for occupational permits or licenses, and any information
				  submitted or gathered in connection with such applications;
4.1.c. Determining, or assisting the Racing
				  Commission and/or the judges in determining, that all persons participating in
				  racing that are required to hold an occupational permit have such a
				  permit;
4.1.d. Inspecting the
				  association's restricted areas, including, but not limited to, the kennel
				  compound, test area, the wagering area, the paddock, to determine if proper
				  security measures are in effect, to ensure that the integrity of these areas
				  are preserved and protected, and to ensure that all personnel having access to
				  the restricted areas hold occupational permits or other proper
				  credentials;
4.1.e. Working with
				  and assisting all Racing Commission employees and representatives in the
				  performance of their duties to ensure the enforcement of this rule and the laws
				  of this state governing racing, and to ensure that the integrity of racing is
				  preserved and protected; and
4.1.f.
				  Any other duties that may be assigned by the Racing Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 2 - GENERAL AUTHORITY OF THE RACING COMMISSION › Section 178-2-5 - Power Of Entry

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Members of
				  the Racing Commission, the judges, and the Racing Commission's designated
				  employees and representatives have the right of full and complete entry to any
				  and all parts of the grounds of a racing association licensed to conduct
				  greyhound racing.
5.2. Members of
				  the Racing Commission, the judges, and the Racing Commission's designated
				  employees and representatives may permit and direct any individual to enter in
				  or upon the kennels, rooms, trailers, vehicles or any other places within the
				  grounds of a racing association licensed to conduct greyhound racing.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 2 - GENERAL AUTHORITY OF THE RACING COMMISSION › Section 178-2-6 - Ejection/Exclusion

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person
				  ejected by the judges 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 judges 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 judges shall
				  enforce the suspension or exclusion.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 3 - GREYHOUND RACING OFFICIALS › Section 178-2-7 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				  Officials of a race meeting, unless otherwise approved by the Racing
				  Commission, are as follows: Director of Racing, Judges, Racing Secretary, Lure
				  Operator, Chart Writer, Clerk of Scales, Paddock Judge, Patrol Judge, Starter,
				  Racing Commission Veterinarian, Kennel Master, Brakeman and any other person
				  designated by the Commission.
7.2.
				  No racing official may serve in a dual capacity unless otherwise authorized by
				  the Racing Commission. In the event of an emergency which prevents the
				  association from obtaining Commission approval for an official to serve in a
				  dual capacity, the association may seek approval from the judges so that racing
				  may continue. The judges' shall promptly forward the matter to the Commission
				  for approval.
7.3. Should a vacancy
				  occur among the racing officials other than the judges or Racing Commission
				  Veterinarian, the association's director of racing shall immediately fill the
				  vacancy. The appointment shall be effective only for the day unless the
				  association fails to fill the vacancy on the following day and has notified the
				  judges of its action less than one hour before post time of the first race of
				  the day. Such appointment shall be reported promptly by the judges to the
				  Commission.
7.4. All racing
				  official appointments, including temporary appointments provided for
				  subsections 7.2 and 7.3, are subject to the approval of the Racing
				  Commission.
7.5. The Racing
				  Commission shall not approve an individual to serve as a racing official unless
				  the individual possesses the following;
7.5.a.
				  Good character and reputation;
7.5.b. Experience in greyhound racing is
				  preferred, but not required;
7.5.c.
				  Familiarity with the duties of the position and with the Commission's rules of
				  racing;
7.5.d. Mental and physical
				  ability to perform the duties of the position; and
7.5.e. Is in good standing and not under
				  suspension or ineligible for a permit in any racing jurisdiction.