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 178-1-44 - Horses Ineligible

Current through Register Vol. XLI, No. 28, July 12, 2024
A horse is ineligible to start in a race when:
44.1. its breed registration certificate is
				  not on file with the association's racing secretary one-half (½) hour
				  before post time for the first race; the stewards may waive this requirement if
				  the information contained on the registration certificate is otherwise
				  available and the horse is otherwise correctly identified to the stewards'
				  satisfaction; provided that the stewards shall not waive this requirement if
				  the horse is scheduled to start in a claiming race.
44.2. its name has been changed and it has
				  not been issued a new registration certificate by the appropriate breed
				  registry;
44.3. it is not fully
				  identified and is tattooed on the inside of the upper lip, is microchipped with
				  a unique microchip (ISO 11784), freeze brand or identified by any other method
				  approved by the appropriate breed registry and the Racing Commission;
44.4. the owner of the horse is in financial
				  arrears; except with the approval of the association's racing secretary or the
				  stewards;
44.5. it is owned in
				  whole or in part by an undisclosed person or interest;
44.6. it is not in sound racing
				  condition;
44.7. it has been
				  trachea tubed to artificially assist breathing;
44.8. it has been nerved; except as provided
				  for in this rule;
44.9. it has
				  impaired eyesight in both eyes, as determined by a Racing Commission
				  veterinarian;
44.10. it is under
				  two (2) years of age;
44.11. it is
				  thirteen (13) years of age or older;
44.12. it is owned by an owner and/or
				  supervised by a trainer who do not hold occupational permits issued by the
				  Racing Commission;
44.13. it is
				  owned, in whole or in part, or is under the care and control of a person who is
				  excluded by the stewards or the association or suspended by the stewards;
				  provided that, when the person has been reinstated to the racetrack by the
				  association or the stewards, or the person's suspension has been rescinded or
				  has expired, or the horse has been transferred through a bona fide sale to an
				  owner acceptable to and approved by the stewards or the Racing Commission, the
				  horse may be eligible to start in a race;
44.14. at the time of starting of the race it
				  is on the stewards' list, the paddock judge's list, the starter's list, the
				  veterinarians' list or the bleeder list, except when there exists an unforseen
				  administrative issue in removing the horse from the veterinarians' list of
				  another racing jurisdiction. However, the horse is eligible to be entered while
				  on the veterinarians' list subject to subsection 52.3 of this rule as long as
				  no other horse is excluded from the race;
44.15. if the horse is a mare who is or who
				  may be in foal, unless full information as to services or breeding has been
				  filed with the association's racing secretary and the owner's practicing
				  veterinarian has given approval; provided that if a mare who is or who may be
				  in foal is permitted to start in a race under this subsection, the breeding
				  information and the practicing veterinarian's approval shall be conspicuously
				  posted in the association's racing secretary's office and if the mare is
				  claimed, the original owner shall supply the stallion service certificate to
				  the new owner that has claimed the horse;
44.16. there is no current negative test
				  certificate for Equine Infectious Anemia (EIA) attached to its breed
				  registration certificate or proof of a negative test certificate is not
				  otherwise available;
44.17. it has
				  shoes (racing plates) which have toe grabs with a height greater than four
				  millimeters (0.15748 inches), bends, jars, caulks, stickers or any other
				  traction device on the front hooves while racing or training on dirt racing
				  surfaces. Provided that, for any race in this state that has been issued a
				  grade by the American Graded Stakes Committee, the stewards may allow the toe
				  grab rule established by the American Graded Stakes Committee to be followed in
				  that race. The association shall notify the Racing Commission and the stewards
				  upon the issuance of a grade for a race by the American Graded Stakes Committee
				  so that the stewards may allow the appropriate toe grab rule to be administered
				  and enforced. A copy of the toe grab rule in graded stakes races shall be
				  published in the office of the association's racing secretary;
44.18. it has not raced in twelve (12) months
				  since its previous start until the horse has been subjected to the protocols
				  within subdivision 52.3.d. of this rule; and
44.19. it is a first time starter four (4)
				  years of age or older until the horse has been subjected to the protocols
				  within subdivision 52.3.d. of this rule.