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 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. Thirty (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 sixteen (16) years are
				  properly supervised by an adult when admitted to the association grounds.
				  Persons under the age of eighteen (18) 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
				  sixteen (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 a five percent (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
				  sixty (60) day period or a period of sixty (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 eighteen
				  (18) years of age.
28.1.b. A jockey
				  shall pass a physical examination given within the previous twelve (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 ten (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 ten (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 178-1-29 - Jockey Agents

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1.
				  Eligibility. The following provisions apply to the eligibility of jockey
				  agents:
29.1.a. An applicant for a permit as a
				  jockey agent shall:
29.1.a.1. provide written
				  proof of agency with at least one (1) jockey holding a permit issued by the
				  Racing Commission;
29.1.a.2.
				  demonstrate to the stewards that he or she has a contract for agency with at
				  least one (1) jockey who has been issued a permit by the Racing Commission;
				  and
29.1.a.3. be qualified, as
				  determined by the stewards, by reason of experience, background and knowledge.
				  A jockey agent's permit from another jurisdiction may be accepted as evidence
				  of experience and qualifications. Evidence of qualifications may require
				  passing one or both of the following:
29.1.a.3.A. a written examination;
				  or
29.1.a.3.B. an interview or oral
				  examination.
29.1.a.4.
				  Applicants not previously issued a permit as a jockey agent shall be required
				  to pass a written and oral examination.
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 panel appointed by the stewards to conduct the test shall consist of a
				  veterinarian, a trainer and a blacksmith, all holding occupational permits
				  issued by the Racing Commission.
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
				  entering a horse in a claiming race warrants that the title to such horse is
				  free and clear of any existing claim or lien, either as security interest
				  mortgage, bill of sale, or lien of any kind; unless before entering such horse,
				  the written consent of the holder of the claim or lien has been filed with the
				  horsemen's bookkeeper. 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 one hundred eighty (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.
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 178-1-34 - Claiming of Horses

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. Any
				  horse starting in a claiming race is subject to be claimed for its entered
				  price by any:
34.1.a. occupational permit
				  holder in good standing;
34.1.b.
				  holder of a valid claim certificate; or
34.1.c. an authorized agent holding an
				  occupational permit acting on behalf of an eligible claimant.
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 178-1-35 - Claim Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. An
				  applicant for a claim certificate shall submit to the stewards:
35.1.a. an application for an owner's
				  occupational permit and the required fee; and
35.1.b. the name of a trainer holding an
				  occupational permit, or person eligible to hold a trainer's occupational
				  permit, who will assume the care and responsibility for any horse
				  claimed;
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 ten (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
				  thirty (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 thirty (30) days, unless reclaimed, nor shall it race outside of the state
				  of West Virginia for a period of sixty (60) days, except for stakes races and
				  special events, or unless special permission is granted by the
				  stewards.
38.6. The previous
				  trainer of a claimed horse shall, within forty-eight (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
				  thirty (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 forty-five (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. For the purpose of this rule, spouses shall be considered as
				  one.
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 178-1-40 - Naming of Riders

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1.
				  Owners and/or trainers shall name their jockeys no later than scratch time of
				  that race.
40.2. Any change of a
				  jockey after scratch time of a race must be sanctioned by the stewards and
				  shall be promptly and publicly displayed and announced.
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 178-1-41 - Declarations and Scratches

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1.
				  Declarations. The following provisions apply to declarations:
41.1.a. A declaration is the act of
				  withdrawing an entered horse from a race prior to the closing of
				  entries.
41.1.b. The declaration of
				  a horse from a race is irrevocable.
41.1.c. If the miscarriage of any declaration
				  by mail or otherwise is alleged, satisfactory proof of the miscarriage is
				  required of the complainant. Otherwise, the declaration shall not be
				  accepted.
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 sixty (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 thirty (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 twelve (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 twenty-four (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 178-1-48 - Veterinary Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
48.1.
				  Veterinarians under Authority of Racing Commission Veterinarian(s).
				  Veterinarians issued an occupational permit by the Racing Commission and
				  practicing at any location under the jurisdiction of the Commission are under
				  the authority of the Racing Commission veterinarian(s) and the stewards. The
				  Racing Commission veterinarian(s) may recommend to the stewards or the Racing
				  Commission the discipline that may be imposed upon a veterinarian who violates
				  this rule.
48.2. The following
				  limitations apply to drug treatments of horses that are engaged in activities,
				  including training, related to competing in pari-mutuel racing in West
				  Virginia:
48.2.a. No drug may be administered
				  except in the context of a valid veterinarian-client-patient relationship
				  between an attending veterinarian, the horse owner (who may be represented by
				  the trainer or other agent) and the horse. The owner is not required by this
				  rule to follow the veterinarian's instructions, but no drug may be administered
				  without a veterinarian having examined the horse and having provided the
				  treatment recommendation. Such relationship requires the following:
48.2.a.1. The veterinarian, with the consent
				  of the owner, has accepted responsibility for making medical judgments about
				  the health of the horse;
48.2.a.2.
				  The veterinarian has sufficient knowledge of the horse to make a preliminary
				  diagnosis of the medical condition of the horse;
48.2.a.3. The veterinarian has performed an
				  examination of the horse and is acquainted with the keeping and care of the
				  horse;
48.2.a.4. The veterinarian
				  is available to evaluate and oversee treatment outcomes, or has made
				  appropriate arrangements for continuing care and treatment;
48.2.a.5. The relationship is maintained by
				  veterinary visits as needed; and,
48.2.a.6. The veterinary judgements of the
				  veterinarian are independent and are not dictated by the trainer or owner of
				  the horse.
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.