agency-178•Minnesota Rules — Racing Commission
Chapter 7869 HORSE RACING; DEFINITIONS
Minn. R. 7869.0100 Definitions
Subpart 1. Scope.
For the purpose of chapters 7869 to 7899, the following terms have the meanings given them unless another intention clearly appears.
Subp. 2. Actual favorite.
"Actual favorite" means a horse that has the lowest win odds as determined by the most amount of money wagered on that horse to win.
Subp. 2a. ADA.
"ADA" means the Americans with Disabilities Act, United States Code, title 42, section 12101, et seq., as amended.
Subp. 3. Added money.
"Added money" means the amount an association adds to the nominating and starting fees in a race.
Subp. 3a. Administer or administration.
"Administer" or "administration" means the introduction of any substance or medication into the body of a horse by any means.
Subp. 4. Age.
"Age" means the age of a horse as computed from the first day of January in the year in which the horse is foaled.
Subp. 5. Allowance.
"Allowance" means a specified amount of weight that may be subtracted from a horse's starting weight based upon that horse's past performance, money won, sex, or apprentice jockey as they relate to the conditions of a race.
Subp. 6. Also-eligible.
"Also-eligible" means a horse officially entered and appearing on the overnight sheet, but not permitted to start unless the field is reduced by scratches at scratch time below a specified number.
Subp. 6a. Alternative facility.
"Alternative facility" means a facility licensed by a state or provincial racing regulatory agency that utilizes a pari-mutuel central processing unit that is electronically linked to a Minnesota class A facility for the purposes of facilitating pari-mutuel wagering.
Subp. 6b. Amounts wagered by Minnesota residents.
"Amounts wagered by Minnesota residents," for purposes of determining source market fees required by Minnesota Statutes, section 240.131, subdivisions 3 and 6, and payments to the state required by Minnesota Statutes, section 240.131, subdivision 7, means all pari-mutuel wagers, pooled or community wagers, and contest entry fees.
Subp. 7. Association.
"Association" means the holder of a Class B or D license.
Subp. 8. Authorized agent.
"Authorized agent" means a person duly appointed by an owner or trainer to act on their behalf in racing matters.
Subp. 8a. Beneficial owner.
"Beneficial owner" means persons or entities holding at least five percent ownership or voting interest in a vendor, racing or gaming-related vendor, applicant, or license holder.
Subp. 9. Break.
"Break" means the act of a harness horse altering either its pacing or trotting gait.
Subp. 9a. Break off a qualifier.
"Break off a qualifier" means a break that is made in the first start after qualifying.
Subp. 9b. Breath analyzer.
"Breath analyzer" is an instrument used to measure a person's blood alcohol level.
Subp. 10. Breeder.
"Breeder" of a Thoroughbred horse means the owner of the dam at the time of foaling.
Subp. 11. Breeding place.
"Breeding place" means the place of birth of a horse.
Subp. 12. Claim.
"Claim" means the act of attempting to purchase a horse from a claiming race.
Subp. 12a. Claimant.
"Claimant" means a licensed person or entity purchasing a horse from a designated race for a predetermined price.
Subp. 13. Claiming authorization.
"Claiming authorization" means approval granted by the commission to a person that is not licensed as an owner to claim a horse from a claiming race.
Subp. 14. Commission.
"Commission" means the Minnesota Racing Commission.
Subp. 15. Commission veterinarian.
"Commission veterinarian" means a licensed veterinarian appointed by the commission pursuant to Minnesota Statutes, section 240.04, subdivision 4.
Subp. 16. Condition book.
"Condition book" means the publication issued by the association advertising races for upcoming racing days.
Subp. 17. Coupled.
"Coupled" means two or more horses grouped together for wagering purposes.
Subp. 18. Course.
"Course" means the track over which horses race.
Subp. 19. Day.
"Day" means 24 hours ending at midnight.
Subp. 20. Dead heat.
"Dead heat" means two or more horses crossing the finish line at exactly the same time.
Subp. 20a. Digital tattoo.
"Digital tattoo" or "tattooed digitally" means authentication of horse identity by a Thoroughbred Racing Protective Bureau (TRPB) technician through an in-person inspection that includes scanning the Thoroughbred's microchip, comparing markings and photos from The Jockey Club database, and uploading updated digital photographs to the breed registry.
Subp. 21.
[Repealed, 42 SR 1258]
Subp. 22. Disqualification.
"Disqualification" means an order of the stewards or commission which revises the order of finish in a race.
Subp. 23. Entrance fee.
"Entrance fee" means a fee set by the association which must be paid in order to make a horse eligible for a stakes race.
Subp. 24. Entry.
"Entry" means, according to its context, either:
A. the act of entering a horse to race;
B. a horse eligible and entered in a race; or
C. two or more horses that are entered in a race and which are coupled for wagering purposes.
Subp. 25. Equipment.
"Equipment," as applied to a horse, means whips, riding crops, blinkers, tongue straps, muzzles, hoods, nasal strips, nose bands, shadow rolls, martingales, breast plates, bandages, boots, plates or toe grabs (shoes), sulkies, head poles, safety reins, cornell collars, and all other paraphernalia that is or might be used on or attached to a horse while racing.
Subp. 26. Field.
"Field" means the entire group of horses in a race.
Subp. 27. Fine.
"Fine" means the imposition of a monetary penalty upon a license holder by the stewards or commission.
Subp. 28. Foul.
"Foul" means any action by a horse, jockey, or driver which interferes with another horse, jockey, or driver in the running of a race.
Subp. 29. Gait.
"Gait" means any of the ways a horse may move by lifting the feet in different order or rhythm, and specifically in harness racing, trotting or pacing.
Subp. 30. Grounds.
"Grounds" means the entire area licensed by the commission and used by the association to conduct a race meeting, including the track, grandstand, stables, concession areas, and parking facilities.
Subp. 30a. Guest racetrack.
"Guest racetrack" means a licensed racetrack which receives broadcasts of races by television from another licensed racetrack.
Subp. 31. Heat.
"Heat" means one of a number of events to determine the ultimate winner of a race.
Subp. 31a. Horse.
"Horse" includes filly, mare, colt, horse, gelding, and ridgling. Horse does not mean a cloned horse or offspring of a cloned horse regardless of whether any breed association or registry has registered the horse. A cloned horse is one born as a result of the genetic material of an unfertilized egg or embryo being modified by any means.
Subp. 31b. Horseracing Integrity and Safety Act.
"Horseracing Integrity and Safety Act" or "act" means Public Law 116-260, title XII, which created the Horseracing Integrity and Safety Authority.
Subp. 31c. Horseracing Integrity and Safety Authority or HISA.
"Horseracing Integrity and Safety Authority" or "HISA" is an organization authorized by the Horseracing Integrity and Safety Act that is responsible for drafting and enforcing uniform safety and integrity rules in Thoroughbred racing in the United States.
Subp. 31d. HISA-covered horse.
"HISA-covered horse" means any Thoroughbred horse or any other horse made subject to the act by election of the applicable state racing commission or the breed-governing organization for a horse under section 3054(l) of the act during the period:
A. beginning on the date of the horse's first timed and reported workout at a racetrack that participates in HISA-covered horse races or at a licensed training facility; and
B. ending on the date on which the horse is deemed retired pursuant to section 3050(b) of the act.
Subp. 31e. HISA-covered horse race.
"HISA-covered horse race" means any horse race involving HISA-covered horses that has a substantial relation to interstate commerce, including any Thoroughbred horse race that is the subject of interstate off-track or advance deposit wagers.
Subp. 31f.
[Renumbered subp 31h]
Subp. 31g. HISA-covered person.
"HISA-covered person" means all trainers, owners, breeders, jockeys, racetracks, veterinarians, persons licensed by a state racing commission and the agents, assistants, and employees of such persons; any other persons required to be registered with the authority; and any other horse support personnel who are engaged in the care, treatment, training, or racing of a HISA-covered horse.
Subp. 31h. Horseracing Integrity and Welfare Unit.
"Horseracing Integrity and Welfare Unit" is a division of HISA established to provide independent antidoping and medication control.
Subp. 32.
[Renumbered subp 31a]
Subp. 32a. Host racetrack.
"Host racetrack" means a licensed racetrack which broadcasts its races by television to another licensed racetrack.
Subp. 32b. Key employee.
"Key employee" means an officer, director, partner, sales representative, sole proprietor, or signatory on an agreement with a licensed racetrack.
Subp. 32c.
[Renumbered subp 32e]
Subp. 32d. Laid off the gate.
"Laid off the gate" means a failure to come up into position at the start of a harness race.
Subp. 32e. Lapped on.
"Lapped on" means any part of a trailing horse is at least even with the offending horse's hindquarters at the finish.
Subp. 33. Lapped on break.
"Lapped on break" means a harness horse that is breaking stride at the finish line and is even with an opponent, or the breaking horse's nose is at least opposite its opponent's hind quarters.
Subp. 33a.
[Repealed, 42 SR 1258]
Subp. 33b. Live racing day.
"Live racing day" means a racing day assigned by the commission on which pari-mutuel betting is conducted on horse races run at a licensed racetrack.
Subp. 34. Maiden.
"Maiden" means a horse which at the time of starting has never won a race on the flat in any country on a recognized racetrack, or that has been disqualified after finishing first.
Subp. 35. Meeting.
"Meeting" means the entire period for which a license to conduct racing has been granted to any association by the commission.
Subp. 35a. Mixed meet.
"Mixed meet" means a racing day or series of racing days on which the racing of more than one breed of horse occurs.
Subp. 36. Morning line.
"Morning line" means the projected approximate win odds of each horse printed in the official program prior to wagering.
Subp. 37. Nerved.
"Nerved" means any procedure whereby any nerve or nerves of a horse have been removed or desensitized.
Subp. 38. Nominating fee.
"Nominating fee" means an amount set by the association which must be paid in order to make a horse eligible for a stakes race.
Subp. 39. Nomination.
"Nomination" means the naming of a horse or its foal in utero to compete in a specific race or series of races, eligibility for which may be conditional upon the payment of a fee at the time of naming.
Subp. 40. Nominator.
"Nominator" means the person in whose name a horse is nominated for a stakes race or handicap race.
Subp. 40a. Nonrecognized racing equipment.
"Nonrecognized racing equipment" means any article, appliance, or device that the commission veterinarian determines may cause or mask pain in a horse including but not limited to kinesiology tape, rubber bands, nose rings, iron halters, and copper tail or ankle wires.
Subp. 41. Official.
"Official" means the act of the stewards declaring the results of the race final and authorizing pari-mutuel winnings to be paid out.
Subp. 41a. Official timed workout.
"Official timed workout" means a timed workout required and supervised by a commission veterinarian.
Subp. 42. Owner.
"Owner" means any person or entity possessing all or part of the legal title to a horse.
Subp. 42a. Pari-mutuel central processing unit.
"Pari-mutuel central processing unit" means the computer system by which all pari-mutuel wagers are recorded and the calculation of odds and payoffs is accomplished. The pari-mutuel central processing unit must be located at a licensed racetrack or alternative facility.
Subp. 43. Photo finish.
"Photo finish" means the equipment and cameras used to aid the placing judges in determining the exact order of finish in a race.
Subp. 44. Place.
"Place" means either the position in which a horse finishes a race or more specifically, finishing second in a race.
Subp. 45. Pool.
"Pool" means the total amount of money bet in each form of pari-mutuel wagering.
Subp. 46. Post position.
"Post position" means the starting position assigned to a horse for a race.
Subp. 47. Post time.
"Post time" means the time set for the arrival of horses at the starting point in a race.
Subp. 47a. Presiding official.
"Presiding official" means an official of the commission appointed by the director of pari-mutuel racing, presiding over races conducted on approved televised racing days.
Subp. 48. Program.
"Program" means, according to its context, either:
A. an entire day's racing schedule; or
B. the official publication of a day's races.
Subp. 49. Purse.
"Purse" means the amount of money to be paid the participants of a race.
Subp. 49a. Pylons.
"Pylons" means poles marking the inner surface of the racetrack. The poles are often colored white with the top four inches a darker color.
Subp. 50. Qualifying list.
"Qualifying list" means the tabulation compiled by the stewards of horses that must perform in qualifying races before being eligible to be entered.
Subp. 50a. Qualifying line.
A "qualifying line" means a comprehensive account of a qualifying race showing the positions of all horses at various stages of the qualifying race.
Subp. 51. Race.
"Race" means a contest among horses for purse, stakes, premium, or wager for money, run in the presence of racing officials of the association and the commission. The following are categories of races:
A. "Allowance race" means a race, other than claiming, in which certain conditions are drafted.
B. "Claiming race" means a race in which any horse entered may be purchased in conformity with the rules of the commission.
C. "Conditioned race" means an overnight event to which eligibility is determined according to specified qualifications.
D. "Handicap race" means:
E. "Invitational race" means a race restricted to horses asked to race by the association.
F. "Matinee race" means a race where an entrance fee may be charged and where the premiums, if any, are other than money.
G. "Match race" means a race between two or more horses, each the property of different owners, on terms agreed upon by the owners, and approved by the commission.
H. "Overnight race" means a race for which entries close 96 hours or less before the time set for the first race of the day on which the races are to be run.
I. "Purse race" means a race for money or other prize to which the owners of the horses engaged in the race do not contribute an entry fee.
J. "Qualifying race" means a non-pari-mutuel wagering race in which a standardbred horse must compete to establish or reestablish its eligibility to enter a race on which pari-mutuel wagering will be conducted, or a race for the purpose of qualifying drivers and/or to improve a driver's eligibility to move up in class.
K. "Race on the flat" means a race over a course in which no jumps or other obstacles are placed.
L. "Restricted race" means a race required pursuant to Minnesota Statutes, section 240.29.
M. "Stakes race" or "sweepstakes race" means a race to which nominators of the engaged entries contribute to a purse, and to which money or any other award may be added.
N. "Time trial" means a race against time for the purpose of establishing a performance record.
O. "Mixed race" means a race conducted between two or more different breeds of horses. In the case of harness races, mixed race means a race conducted between trotters and pacers.
P. "Early-closing race" means a harness race for a definite purse to which entries close at least six weeks preceding the race.
Subp. 51a. Racing day.
"Racing day" for Thoroughbred horses and Quarter Horses means a day assigned by the commission on which racing is conducted and shall include no fewer than seven live races. "Racing day" for Standardbred horses means a day assigned by the commission on which racing is conducted and shall include no fewer than eight live races. If environmental conditions, a power or technology failure, or a shortage of horses forces the cancellation of races to the extent that fewer than seven races for Thoroughbred horses and Quarter Horses can be held in a single day or fewer than eight races for Standardbred horses can be held in a single day, the day is still considered a racing day as long as the canceled races are added to one or more subsequent racing cards held within 30 days of the cancellation. For purposes of this subpart, "shortage of horses" means that one or more proposed races for the day were unable to generate at least a five-horse field and therefore could not be carded. No more than 14 live races shall be conducted in a single day unless approved by the stewards and the executive director.
Subp. 51b. Race line.
A "race line" means a comprehensive account of a race showing the positions of all horses at various stages of a race.
Subp. 52. Recall.
"Recall" means the starter declaring that the field be assembled for a restart prior to the word "go" being given.
Subp. 53. Recognized racetrack.
"Recognized racetrack" means a racetrack where pari-mutuel wagering is authorized by law, or which is recognized by the American Quarter Horse Association, the United States Trotting Association, or the Thoroughbred Racing Association.
Subp. 54. Ruled off.
"Ruled off" means the act of barring a licensee from the grounds of an association and denying the licensee all racing privileges.
Subp. 54a. Score.
"Score" means the preliminary practice given to horses after the post parade and prior to being called to line up for the start of a race by the official starter.
Subp. 55. Scratch.
"Scratch" means the act of withdrawing an entered horse from a race.
Subp. 56. Scratch time.
"Scratch time" means the time set by the association for the closing of applications requesting permission of the stewards to withdraw from a race.
Subp. 56a. Ship in.
"Ship in" means a horse that is not stabled on the grounds of the racetrack at which it is entered to race.
Subp. 57.
[Repealed, 41 SR 1322]
Subp. 57a. Single-breed meet.
"Single-breed meet" means a racing day or series of racing days on which the racing of one breed of horse occurs.
Subp. 57b. Stable area.
"Stable area" means that part of the grounds that contains the barn area, tracks, and paddock.
Subp. 58. Start.
"Start" means the beginning of an officially recognized race.
Subp. 59. Starter.
"Starter" means, according to its context, either:
A. a horse whose stall door of the starting gate opens in front of it at the time all of the horses are dispatched in a race; or
B. the official whose duty it is to give the starting signal at the beginning of a race.
Subp. 60. Starter's schooling list.
"Starter's schooling list" means a tabulation of horses compiled by the starter that are ineligible to be entered until they have demonstrated their ability to the starter that they are capable of performing in a satisfactory manner at the starting gate.
Subp. 61. Starting fee.
"Starting fee" means an amount, specified by the conditions of the race and set by the association, that must be paid in order to start in a race.
Subp. 62. Stewards' list.
"Stewards' list" means a tabulation compiled by the stewards of horses that are ineligible to race due to poor performance, ownership by a suspended or nonlicensed person, or for other reasons that might affect the integrity or welfare of racing.
Subp. 62a. Sulky.
"Sulky" means a two-wheeled cart with a single seat pulled by a horse during a harness race.
Subp. 63. Supplemental fee.
"Supplemental fee" means a fee set by the association that may be required to be paid at a prescribed time to make a horse eligible for a stakes race.
Subp. 64. Suspended.
"Suspended" means that all privileges granted by the commission are temporarily withdrawn.
Subp. 65. Sustaining fees.
"Sustaining fees" mean fees which must be paid periodically, as prescribed by the conditions of the race, in order to keep a horse eligible for that race.
Subp. 65a. Televised racing day.
"Televised racing day" means a racing day assigned by the commission on which pari-mutuel betting is conducted on separate pool and/or commingled pool wagering and only on horse races run at racetracks outside of the state which are broadcast by television to a licensed racetrack.
Subp. 66. Totalizator.
"Totalizator" means the system by which pari-mutuel activity including selling and cashing of tickets, compiling of wagers, and displaying of pari-mutuel information is accomplished. The totalizator must be electronically linked with a pari-mutuel central processing unit.
Subp. 67. Track.
"Track" means the course over which races take place.
Subp. 67a. Traction device.
"Traction device" means inserts, wear plates, rims, toe grabs, bends, jar calks, stickers, ice nails, frost nails, mud nails, or any other device that extends beyond the ground surface of the horseshoe.
Subp. 68. USTA.
"USTA" means the United States Trotting Association.
Subp. 68a. Wager.
"Wager" means a bet placed on the outcome of a pari-mutuel race or races.
Subp. 69. Walkover.
"Walkover" means a race in which there are not two or more horses of separate interest sent postward.
History
- Statutory Authority: MS s 14.389; 240.03; 240.08; 240.13; 240.131; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 13 SR 38; 14 SR 332; 14 SR 1419; 14 SR 2008; 19 SR 2307; 22 SR 1785; 23 SR 1540; 24 SR 1568; 31 SR 1277; 33 SR 8; 34 SR 1135; 34 SR 1759; 40 SR 29; 41 SR 809; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990; 49 SR 497; 49 SR 1123; 50 SR 1117
Minn. R. 7869.0200 Incorporation by Reference
Subpart 1. United States Trotting Association.
For the purposes of chapters 7869 to 7899, Rules 11, 17, and 18.25 of the Charter, Bylaws, Rules and Regulations of the United States Trotting Association (USTA) are incorporated by reference. The USTA Charter, Bylaws, Rules and Regulations are subject to frequent change and are available to the public free of charge at the State Law Library, on the Minnesota Racing Commission website, and on the United States Trotting Association website.
Subp. 2. Association of Racing Commissioners International.
A. For the purposes of chapters 7869 to 7899, the Association of Racing Commissioners International (ARCI) Endogenous, Dietary, or Environmental Substances Schedule is incorporated by reference for Standardbred and Quarter Horse racing. The ARCI Endogenous, Dietary, or Environmental Substances Schedule is subject to change and is available to the public free of charge at the State Law Library and on the Minnesota Racing Commission website.
B. For the purposes of chapters 7869 to 7899, and except as otherwise specifically provided therein, the Association of Racing Commissioners International (ARCI) Controlled Therapeutic Medication Schedule for Horses is incorporated by reference for Standardbred and Quarter Horse racing. The ARCI Controlled Therapeutic Medication Schedule for Horses is subject to change and is available to the public free of charge at the State Law Library and on the Minnesota Racing Commission website.
C. For the purposes of chapters 7869 to 7899, and except as otherwise specifically provided therein, the Association of Racing Commissioners International (ARCI) Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule is incorporated by reference for Standardbred and Quarter Horse racing. This model rule is subject to change and is available to the public free of charge at the State Law Library and on the Minnesota Racing Commission website.
D. For the purposes of chapters 7869 to 7899, and except as otherwise specifically provided therein, the Association of Racing Commissioners International (ARCI) Multiple Medication Violation Model Rule is incorporated by reference for Standardbred and Quarter Horse racing. This model rule is subject to change and is available to the public free of charge at the State Law Library and on the Minnesota Racing Commission website.
Subp. 2a. Horseracing Integrity and Safety Authority.
For the purposes of chapters 7869 to 7899, the Horseracing Integrity and Safety Authority (HISA) Rule Series 1000 through 9000 are incorporated by reference for Thoroughbred racing. These rules are subject to change and are available to the public free of charge in the regulations section of the HISA website (https://hisaus.org/regulations).
Subp. 3. Alteration or amendment.
Any alteration or amendment to rules incorporated by reference becomes effective in Minnesota 30 days after adoption and approval by the Minnesota Racing Commission unless the Minnesota Racing Commission opts out of implementing the change.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 31 SR 1277; 41 SR 1322; 44 SR 1047; 49 SR 1123
Chapter 7870 HORSE RACING; LICENSURE
Minn. R. 7870.0010 Identification of Applicant for Class a License
An application for a Class A license must include, on a form prepared by the commission, the name, address, and telephone number of the applicant and the name, position, address, telephone number, and authorized signature of an individual to whom the commission may make inquiry.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0020 Applicant's Affidavit
An application for a Class A license must include, on a form prepared by the commission, an affidavit of the chief executive officer of a major financial participant in the applicant setting forth:
A. That application is made for a Class A license to own and operate a horse racing facility at which pari-mutuel betting is conducted.
B. That affiant is the agent of the applicant, its owners, partners, members, directors, officers, and personnel and is duly authorized to make the representations in the application on their behalf. Documentation of the authority must be attached.
C. That the applicant seeks a grant of a privilege from the state of Minnesota, and the burden of proving the applicant's qualifications rests at all times with the applicant.
D. That the applicant consents to inquiries by the state of Minnesota, its employees, the commission members, staff, and agents into the financial, character, and other qualifications of the applicant by contacting individuals and organizations.
E. That the applicant, its owners, partners, members, directors, officers, and personnel accept any risk of adverse public notice, embarrassment, criticism, or other circumstance, including financial loss, which may result from action with respect to the application and expressly waive any claim which otherwise could be made against the state of Minnesota, its employees, the commission, staff, or agents.
F. That affiant has read the applicant's identification and disclosures and knows the contents; the contents are true to affiant's own knowledge, except matters therein stated or information and belief; as to those matters, affiant believes them to be true.
G. That the applicant recognizes all representations in the application are binding on it, and false or misleading information in the application, omission of required information, or substantial deviation from representations in the application may result in denial, revocation, or suspension of a license or imposition of a fine.
H. That the applicant will comply with Minnesota Statutes, chapter 240 and all rules of the commission.
I. The affiant's signature, name, organization, position, address, and telephone number.
J. The date.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0030 Disclosure of Ownership and Control
An applicant for a Class A license must disclose:
A. The type of organizational structure of the applicant, whether individual, business corporation, nonprofit corporation, partnership, joint venture, trust, association, or other.
B. If the applicant is an individual, the applicant's legal name, whether the applicant is a United States citizen, any aliases and business names currently used by the applicant, and copies of state and federal tax returns for the past five years.
C. If the applicant is a corporation:
D. If the applicant is an organization other than a corporation:
E. If a nonindividual record or beneficial holder of an ownership or other voting interest of five percent or more in the applicant is identified pursuant to item C, subitem (9) or (10) or item D, subitem (6) or (7), the applicant makes its best effort to disclose the information required by those clauses as to record or beneficial holders of an ownership or other voting interest of five percent or more in that nonindividual holder. The disclosure required by those clauses must be repeated, in turn, until all indirect individual record and beneficial holders of ownership or other voting interests in applicant are so identified. The term "best effort," as used in this and subsequent sections of this chapter, means an active and serious attempt which is made in good faith, and goes beyond due diligence, to provide the information required to be disclosed. When an applicant is unable, despite its best effort, to provide the information required, it shall explain fully and document its inability to do so.
F. Whether the applicant is directly or indirectly controlled to any extent or in any manner by another individual or entity. If so, the applicant must disclose the identity of the controlling entity and a description of the nature and extent of control.
G. Any agreements or understandings which the applicant or any individual or entity identified pursuant to this part has entered into regarding ownership or operation of applicant's horse racing facility, and copies of any written agreements.
H. Any agreements or understandings which the applicant has entered into for the payment of fees, rents, salaries, or other compensation by the applicant, and copies of any written agreements.
I. Whether the applicant, any partner, director, officer, other policymaker, or holder of a direct or indirect record or beneficial ownership interest or other voting interest or control of five percent or more in the applicant has held or holds a license or permit issued by a governmental authority to own and operate a horse racing facility or conduct any aspect of horse racing or gambling. If so, the applicant must disclose the identity of the license or permit holder, nature of the license or permit, issuing authority, and dates of issuance and termination.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0040 Disclosure of Character Information
An applicant for a Class A license must make its best effort, as defined in part 7870.0030, item E, to disclose whether the applicant or any individual or other entity identified pursuant to part 7870.0030 or 7870.0100, item B or C has:
A. Been charged in a criminal proceeding with a felony or fraud, misrepresentation, theft, larceny, embezzlement, tax evasion, robbery, burglary, bribery, extortion, jury tampering, obstruction of justice, perjury, an antitrust violation or conspiracy to commit any of the foregoing. If so, the applicant must disclose the date charged, court, whether convicted, date convicted, crime convicted of, and sentence.
B. Been a party in a civil proceeding and alleged to have engaged in an unfair or anticompetitive business practice, a securities violation, or false or misleading advertising. If so, the date of commencement, court, circumstances, date of decision, and result.
C. Had a horse racing, gambling, or other business license or permit revoked or suspended or renewal denied or been a party in a proceeding to do so. If so, the applicant must disclose the date of commencement, circumstances, date of decision, and result.
D. Been accused in an administrative or judicial proceeding of violation of a statute or rule relating to unfair labor practices, discrimination, horse racing, or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
E. Commenced an administrative or judicial action against a governmental regulator of horse racing or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
F. Been the subject of voluntary or involuntary bankruptcy proceedings. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
G. Failed to satisfy any judgment, decree, or order of an administrative or judicial tribunal. If so, the applicant must disclose the date and circumstances.
H. Been delinquent in filing a tax report required or remitting a tax imposed by any government. If so, the applicant must disclose the date and circumstances.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0050 Disclosure of Improvements and Equipment
An application for a Class A license must disclose with respect to the pari-mutuel horse racing facility it will own and operate:
A. The address of the facility, its size, and geographical location, including reference to county and municipal boundaries.
B. A site map which reflects current and proposed highways and streets adjacent to the facility.
C. The types of racing for which the facility is designed, whether Thoroughbred, harness, Quarter Horse, Arabian, or other breeds.
D. Racetrack dimensions by circumference, width, banking, location of chutes, length of stretch, distance from judges' stand to first turn and type of surface. If the facility has more than one racetrack, the applicant must provide a description of each.
E. A description of horse stalls at the facility, giving the dimensions of stalls, separation, location, and total number of stalls.
F. A description of the grandstand, giving total seating capacity, total reserved seating capacity, indoor and outdoor seating capacity, configuration of grandstand seating and pari-mutuel and concession facilities within the grandstand; the number and location of men's and women's restrooms, drinking fountains, and medical facilities available to patrons; and a description of public pedestrian traffic patterns throughout the grandstand.
G. A description of the detention barn, giving distance from detention barn to track and paddock, number of sampling stalls, placement of viewing ports on each stall, location of postmortem floor, number of wash stalls with hot and cold water and drains and availability of video monitors; and a description of the walking ring.
H. A description of the paddock, number of stalls in the paddock, height from the floor to lowest point of the stall ceiling and entrance, and paddock public address and telephone services.
I. A description of the jockeys' and drivers' quarters, giving changing areas, a listing of equipment to be installed in each, and the location of the jockeys' quarters in relation to the paddock.
J. A description of the pari-mutuel totalizator and related pari-mutuel equipment, giving approximate location of bettors' windows and cash security areas, and a description of related pari-mutuel equipment, including the provider if known.
K. A description of the parking, giving detailed attention to access to parking from surrounding streets and highways. Number of parking spaces available, distinguishing between public and other; a description of the road surface on parking areas and the distance between parking and the grandstand; and a road map of the area showing the relationship of parking to surrounding streets and highways.
L. A description of the height, type of construction, and materials of perimeter fence; whether the perimeter fence is topped by a barbed wire apron at least two feet wide and directed outward at a 45-degree angle; and whether there is a clear zone at least four feet wide around the outside of the entire perimeter fence.
M. A description of improvements and equipment at the racetrack for security purposes in addition to perimeter fence, including the provider of equipment if known.
N. A description of starting, timing, photo finish, and photo-patrol or video equipment, including the provider if known.
O. A description of work areas for the commission members, officers, employees, and agents.
P. A description of access of the facility to public transportation, specifics of the type of transportation and schedules, road maps of area indicating pickup and dropoff points.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823; 16 SR 2684; 23 SR 1540
Minn. R. 7870.0060 Disclosure of Development Process
An applicant for a Class A license must disclose with regard to development of its horse racing facility:
A. the total cost of construction of the facility, distinguishing between fixed costs and projections;
B. separate identification of the following costs, distinguishing between fixed costs and projections:
C. documentation of fixed costs;
D. the schedule for construction of the facility, including estimated completion date;
E. schematic drawings;
F. copies of any contracts with and performance bonds from the:
G. whether the site has been acquired or leased by applicant. If so, the applicant must provide the documentation. If not, the applicant must disclose what actions the applicant must take in order to use the site.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0070 Disclosure of Financial Resources
An applicant for a Class A license must disclose the following with regard to financial resources:
A. an audited financial statement reflecting the applicant's current assets, including investments in affiliated entities, loans and advances receivable and fixed assets and current liabilities, including loans and advances payable, long-term debt and equity;
B. equity and debt sources of funds to develop, own, and operate the horse racing facility:
C. identification and description of sources of additional funds if needed due to cost overruns, nonreceipt of expected equity or debt funds, failure to achieve projected revenues or other cause.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0080 Disclosure of Financial Plan
An applicant for a Class A license must disclose with regard to its financial plan the financial projections for the development period and each of the first five racing years, with separate schedules based upon the number of racing days and types of pari-mutuel betting the applicant requires to break even and the optimum number of racing and types of betting applicant seeks each year. The commission will utilize financial projections in deciding whether to issue Class A licenses. Neither acceptance of a license application nor issuance of a license shall bind the commission as to matters within its discretion, including, but not limited to, assignment of racing days and designation of types of permissible pari-mutuel pools. The disclosure must include:
A. the following assumptions and support for them:
B. the following profit and loss elements:
C. projected cash flow, including assessment of:
D. projected balance sheets as of the end of the development period and each of the five racing years setting forth:
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0090 Disclosure of Governmental Actions
An applicant for a Class A license must disclose with regard to actions of government agencies:
A. The street and highway improvements necessary to ensure adequate access to applicant's horse racing facility, and the cost of improvements, status, likelihood of completion, and estimated date.
B. The sewer, water, and other public utility improvements necessary to serve applicant's facility, and the cost of improvements, status, likelihood of completion, and estimated date.
C. If applicant has obtained any required government approvals for its development, ownership, and operation of its horse racing facility:
D. Whether any required governmental approvals remain to be obtained, as well as a description of the approval, unit of government, status, likelihood of approval, and estimated date.
E. Whether an environmental assessment of the facility has been or will be prepared. If so, the applicant must disclose its status and the governmental unit with jurisdiction, and provide a copy of any assessment.
F. Whether an environmental impact statement is required for applicant's facility. If so, the applicant must disclose its status and the governmental unit with jurisdiction, and provide a copy of any statement.
G. Whether the applicant is in compliance with all statutes, charter provisions, ordinances, and regulations pertaining to the development, ownership, and operation of its horse racing facility. If the applicant is not in compliance, the applicant must disclose the reasons why the applicant is not in compliance.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0100 Disclosure of Management
An applicant for a Class A license must disclose with regard to the development, ownership, and operation of its pari-mutuel horse racing facility:
A. a description of the applicant's management plan, with budget and identification of management personnel by function, job descriptions, and qualifications for each management position, and a copy of the organization chart;
B. management personnel to the extent known and with respect to each:
C. consultants and other contractors who have provided or will provide management-related services to applicant to extent known and with respect to each:
D. memberships of the applicant, management personnel, and consultants in horse racing organizations;
E. description of the applicant's security plan, including:
F. description of the applicant's plans for human and animal health and safety, including emergencies;
G. description of the applicant's marketing, promotion, and advertising plans;
H. a description of the applicant's plan for concessions, including whether the licensee will operate concessions and, if not, who will, to the extent known;
I. a description of training of the applicant's personnel; and
J. a description of plans for compliance with all laws pertaining to discrimination, equal employment, and affirmative action; policies regarding recruitment, use, and advancement of minorities; policies with respect to minority contracting; a copy of Equal Employment Opportunity Statement and Policy of the applicant dated and signed by chief executive officer; and a copy of Affirmative Action Policy and Procedures dated and signed; and identification of the affirmative action officer, including name, title, address, and telephone number.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0110 Disclosure of Public Service
An applicant for a Class A license must disclose its plans for promotion of the orderly growth of horse racing in Minnesota and education of the public with respect to horse racing and pari-mutuel betting.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0120 Disclosure of Impact of Facility
An applicant for a Class A license must disclose the impact of its horse racing facility, including:
A. economic impact, including:
B. ecological impact;
C. impact on energy conservation and development of alternative energy sources; and
D. social impact.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0130 Disclosure of Public Support and Opposition
An applicant for a Class A license must disclose public support and opposition, whether by a governmental official or agency or private individual or group and must supply documentation.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0140 Effects on Competition
An applicant for a Class A license must disclose the effects of its ownership and operation of its horse racing facility on competitors within the horse racing industry.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0150 Disclosure of Assistance in Preparation of Application
An applicant for a Class A license must disclose the names, addresses, and telephone numbers of individuals who assisted applicant in preparation of its application.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0160 Personal Information and Authorization for Release
In an application for a Class A license the applicant must make its best effort, as defined in part 7870.0030, item E, to include the following with respect to each individual identified pursuant to part 7870.0030 as an applicant, partner, director, officer, other policymaker, or holder of a direct or indirect record or beneficial ownership interest or other voting interest or control of five percent or more in the applicant and each individual identified pursuant to part 7870.0100, item B or C:
A. full name, business and residence addresses and telephone numbers, last five residence addresses, date of birth, place of birth, Social Security number, if the individual is willing to provide it, and two references; and
B. an authorization for release of personal information, on a form prepared by the commission, signed by the individual and providing that he or she:
History
- Statutory Authority: MS s 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 8 SR 1823; 24 SR 1568
Minn. R. 7870.0170 Class a License Criteria
The commission may issue a Class A license if it determines on the basis of all the facts before it that: the applicant is financially able to operate a racetrack; issuance of a license will not create a competitive situation that will adversely affect racing and the public interest; the racetrack will be operated in accordance with all applicable laws and rules; and the issuance of the license will not adversely affect the public health, safety, and welfare. In making the required determinations, the commission must consider the following factors and indices:
A. the integrity of the applicant, its partners, directors, officers, policymakers, managers, and holders of ownership or other voting interests or control, including:
B. the types and variety of pari-mutuel horse racing which applicant will offer;
C. the quality of physical improvements and equipment in applicant's facility, including:
D. imminence of completion of facility;
E. financial ability to develop, own, and operate a pari-mutuel horse racing facility successfully, including:
F. status of governmental actions required by the applicant's facility, including:
G. management ability of the applicant, including:
H. compliance with applicable statutes, charters, ordinances, or regulations;
I. efforts to promote orderly growth of horse racing in Minnesota and educate public with respect to horse racing and pari-mutuel betting;
J. impact of facility, including:
K. extent of public support and opposition; and
L. effects on competition, including:
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0180 Identification of Applicant for Class B License
An application for a Class B license must include, on a form prepared by the commission, the name, address, and telephone number of the applicant, and the name, position, address, telephone number, and authorized signature of an individual to whom the commission may make inquiry.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0190 Applicant's Affidavit
An application for a Class B license must include, on a form prepared by the commission, an affidavit of the chief executive officer of or a major financial participant in the applicant setting forth:
A. That application is made for a Class B license to sponsor and manage horse racing on which pari-mutuel betting is conducted.
B. That affiant is the agent of the applicant, its owners, partners, members, directors, officers, and personnel and is duly authorized to make the representations in the application on their behalf. Documentation of the authority must be attached.
C. That the applicant seeks a grant of a privilege from the state of Minnesota, and the burden of proving the applicant's qualifications rests at all times with the applicant.
D. That the applicant consents to inquiries by the state of Minnesota, its employees, the commission, members, staff and agents into the financial, character, and other qualifications of the applicant by contacting individuals and organizations.
E. That the applicant, its owners, partners, members, directors, officers, and personnel accept any risk of adverse public notice, embarrassment, criticism, or other circumstance, including financial loss, which may result from action with respect to the application and expressly waive any claim which otherwise could be made against the state of Minnesota, its employees, the commission, staff, or agents.
F. That affiant has read the applicant's identification and disclosures and knows the contents; the contents are true to affiant's own knowledge, except matters therein stated on information and belief; as to those matters, affiant believes them to be true.
G. That the applicant recognizes all representations in the application are binding on it, and false or misleading information in the application, omission of required information, or substantial deviation from representations in the application may result in denial, revocation, or suspension of a license or imposition of a fine.
H. That the applicant will comply with Minnesota Statutes, chapter 240 and all rules of the commission.
I. Affiant's signature, name, organization, position, address, and telephone number.
J. The date.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0200 Disclosure of Ownership and Control
An applicant for a Class B license must disclose:
A. The type of organizational structure of the applicant, whether individual, business corporation, nonprofit corporation, partnership, joint venture, trust, association, or other entity.
B. If the applicant is an individual, the applicant's legal name, whether the applicant is a United States citizen, and aliases and business names currently used by the applicant, and copies of state and federal tax returns for the past five years.
C. If the applicant is a corporation:
D. If the applicant is an organization other than a corporation:
E. If a nonindividual record or beneficial holder of an ownership or other voting interest of five percent or more in the applicant is identified pursuant to item C, subitem (9) or (10) or item D, subitem (6) or (7), the applicant must make its best effort, as defined in part 7870.0030, item E, to disclose the information required by those clauses as to record or beneficial holders of an ownership or other voting interest of five percent or more in that nonindividual holder. The disclosure required by those clauses must be repeated, in turn, until all indirect individual record and beneficial holders of ownership or other voting interests in the applicant are so identified.
F. Whether the applicant is directly or indirectly controlled to any extent or in any manner by another individual or entity. If so, the applicant must disclose the identity of the controlling entity and a description of the nature and extent of control.
G. Any agreements or understandings which the applicant or any individual or entity identified pursuant to this part has entered into regarding applicant's sponsorship or management of horse racing, and copies of any written agreements.
H. Any agreements or understandings which the applicant has entered into for the payment of fees, rents, salaries, or other compensation by the applicant, and copies of any written agreements.
I. Whether the applicant, any partner, director, officer, other policymaker, or holder of a direct or indirect record or beneficial ownership interest or other voting interest or control of five percent or more in the applicant has held or holds a license or permit issued by a governmental authority to own and operate a horse racing facility or conduct any aspect of horse racing or gambling. If so, the applicant must disclose the identity of the license or permit holder, nature of the license or permit, issuing authority, and dates of issuance and termination.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0210 Disclosure of Character Information
An applicant for a Class B license must make its best effort, as defined in part 7870.0030, item E, to disclose whether the applicant or any individual or other entity identified pursuant to part 7870.0200 or 7870.0270, item B or C has:
A. Been charged in a criminal proceeding with a felony or fraud, misrepresentation, theft, larceny, embezzlement, tax evasion, robbery, burglary, bribery, extortion, jury tampering, obstruction of justice, perjury, an antitrust violation, or conspiracy to commit any of the foregoing. If so, the applicant must disclose the date charged, court, whether convicted, date convicted, crime convicted of, and sentence.
B. Been a party in a civil proceeding and alleged to have engaged in an unfair or anticompetitive business practice, a securities violation, or false or misleading advertising. If so, the applicant must disclose the date of commencement, court, circumstances, date of decision, and result.
C. Had a horse racing, gambling, or other business license or permit revoked or suspended or renewal denied or been a party in a proceeding to do so. If so, the applicant must disclose the date of commencement, circumstances, date of decision, and result.
D. Been accused in an administrative or judicial proceeding of violation of a statute or rule relating to unfair labor practices, discrimination, horse racing, or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
E. Commenced an administrative or judicial action against a governmental regulator of horse racing or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
F. Been the subject of voluntary or involuntary bankruptcy proceedings. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
G. Failed to satisfy any judgment, decree, or order of an administrative or judicial tribunal. If so, the applicant must disclose the date and circumstances.
H. Been delinquent in filing a tax report required or remitting a tax imposed by any government. If so, the applicant must disclose the date and circumstances.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0220 Disclosure of Improvements and Equipment
An application for a Class B license must disclose with respect to the facility at which it will sponsor and manage pari-mutuel horse racing:
A. The address of the facility at which the applicant will sponsor and manage horse racing, size, and geographical location, including reference to county and municipal boundaries.
B. A site map which reflects current and proposed highways and streets adjacent to the facility.
C. The types of racing for which the facility is designed, whether Thoroughbred, harness, Quarter Horse, Arabian, or other breeds.
D. Racetrack dimensions by circumference, width, banking, location of chutes, length of stretch, distance from judges' stand to first turn, and type of surface. If the facility has more than one racetrack, the applicant must provide a description of each.
E. A description of horse stalls at the facility, giving the dimensions of stalls, separation, location, and total number of stalls.
F. A description of the grandstand, giving total seating capacity, total reserved seating capacity, indoor and outdoor seating capacity, configuration of grandstand seating and pari-mutuel and concession facilities within the grandstand; the number and location of men's and women's restrooms, drinking fountains, and medical facilities available to patrons; and a description of public pedestrian traffic patterns throughout the grandstand.
G. A description of the detention barn, giving distance from detention barn to track and paddock, number of sampling stalls, placement of viewing ports on each stall, location of postmortem floor, number of wash stalls with hot and cold water and drains and availability of video monitors; and a description of the walking ring.
H. A description of the paddock, number of stalls in the paddock, height from the floor to lowest point of the stall ceiling and entrance, and paddock public address and telephone services.
I. A description of the jockeys' and drivers' quarters, giving changing areas, a listing of equipment to be installed in each, and the location of the jockeys' quarters in relation to the paddock.
J. A description of the pari-mutuel totalizator and related pari-mutuel equipment, giving approximate location of bettors' windows and cash security areas; and a description of related pari-mutuel equipment, including the provider if known.
K. A description of the parking, giving detailed attention to access to parking from surrounding streets and highways, number of parking spaces available, distinguishing between public and other; a description of the road surface on parking areas and the distance between parking and the grandstand; and a road map of the area showing the relationship of parking to surrounding streets and highways.
L. A description of the height, type of construction, and materials of perimeter fence; whether the perimeter fence is topped by a barbed wire apron at least two feet wide and directed outward at a 45-degree angle; and whether there is a clear zone at least four feet wide around the outside of the entire perimeter fence.
M. A description of improvements and equipment at the racetrack for security purposes in addition to perimeter fence, including the provider of equipment if known.
N. A description of starting, timing, photo finish, and photo-patrol or video equipment, including the provider if known.
O. A description of work areas for the commission members, officers, employees, and agents.
P. A description of access of the facility to public transportation; specifics of types of transportation and schedules; and a road map of area indicating pickup and drop-off points.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823; 16 SR 2684; 23 SR 1540
Minn. R. 7870.0230 Disclosure of Authorization to Use Horse Racing Facility
An applicant for a Class B license must disclose the terms and conditions of the lease or other agreement authorizing the applicant to sponsor and manage pari-mutuel horse racing at a licensed facility and provide a copy of the agreement.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0240 Disclosure of Financial Resources
An applicant for a Class B license must disclose the following with regard to financial resources:
A. an audited financial statement reflecting the applicant's current assets, including investments in affiliated entities, loans and advances receivable and fixed assets and current liabilities, including loans and advances payable, long-term debt and equity;
B. equity and debt sources of funds to sponsor and manage horse racing:
C. identification and description of sources of additional funds if needed due to cost overruns, nonreceipt of expected equity or debt funds, failure to achieve projected revenues, or other cause.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0250 Disclosure of Financial Plan
An applicant for a Class B license must disclose with regard to its financial plan financial projections for any development period in each of the first or next three racing years, with separate schedules based upon the number of racing days and types of pari-mutuel betting the applicant requires to break even and the optimum number of racing and types of betting applicant seeks each year. The commission will utilize financial projections in deciding whether to issue Class B licenses. Neither acceptance of a license application nor issuance of a license shall bind the commission as to matters within its discretion, including, but not limited to, assignment of racing days and designation of types of permissible pari-mutuel betting pools. The disclosure must include:
A. the following assumptions and support for them:
B. the following profit and loss elements:
C. projected cash flow, including assessment of:
D. projected balance sheets as of the end of any development period and three racing years setting forth current, fixed, and other noncurrent assets; current and long-term liabilities; and capital accounts. An applicant must also disclose an accountant's review report of the financial projections.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0260 Disclosure of Governmental Actions
An applicant for a Class B license must disclose with regard to actions of government agencies:
A. If the applicant has obtained any required government approvals for its management and sponsorship of horse racing:
B. Whether any required governmental approvals remain to be obtained, as well as a description of the approval, unit of government, status, likelihood of approval, and estimated date.
C. Whether the applicant is in compliance with all statutes, charter provisions, ordinances, and regulations pertaining to the sponsorship and management of horse racing. If the applicant is not in compliance, the applicant must disclose the reasons why the applicant is not in compliance.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0270 Disclosure of Management
An applicant for a Class B license must disclose with regard to its management of pari-mutuel horse racing:
A. a description of the applicant's management plan, with budget and identification of management personnel by function; job descriptions and qualifications for each management position; and a copy of the organization chart;
B. management personnel and to extent known with respect to each:
C. consultants and other contractors to extent known who have provided or will provide management-related services to applicant and with respect to each:
D. memberships of the applicant, management personnel, and consultants in horse racing organizations;
E. a description of the applicant's security plan, including:
F. a description of applicant's plans for human and animal health and safety, including emergencies;
G. a description of the applicant's marketing, promotion, and advertising plans;
H. a description of the applicant's plan for the conduct of horse racing, including types of racing, number of days, weeks, specific dates, number of races per day, time of day, and special events;
I. a description of the applicant's plan for purses, including total purses, formula, minimum, stakes races, and purse-handling procedures;
J. a description of the applicant's plan for pari-mutuel betting, including number of line divisions, windows, selling machines, and clerks; use or duties of each; and accounting procedures, including its proposed system of internal audit and supervisory controls;
K. a description of the applicant's plan for concessions, including whether licensee will operate concessions and, if not, who will to the extent known;
L. a description of training of the applicant's personnel; and
M. a description of plans for compliance with all laws pertaining to discrimination, equal employment, and affirmative action; policies regarding recruitment, use, and advancement of minorities; policies with respect to minority contracting; a copy of Equal Employment Opportunity Statement and Policy of the applicant dated and signed by chief executive officer; a copy of Affirmative Action Policy and Procedures dated and signed; and identification of the affirmative action officer, including name, title, address, and telephone number.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0280 Disclosure of Public Service
An applicant for a Class B license must disclose its plans for promotion of the orderly growth of horse racing in Minnesota and education of the public with respect to horse racing and pari-mutuel betting.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0290 Disclosure of Economic Impact
An applicant for a Class B license must disclose the economic impact of its sponsorship and management of horse racing, including:
A. employment created, including specifics as to number of jobs, permanent or temporary, type of work, compensation, employer, and how created;
B. purchases of goods and services, including specifics as to money amounts and types of purchases; and
C. tax revenues generated.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0300 Disclosure of Public Support and Opposition
An applicant for a Class B license must disclose public support and opposition, whether by a governmental official, agency, private individual, or group, and provide documentation.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0310 Effects on Competition
An applicant for a Class B license must disclose the effects of its sponsorship and management of horse racing on competitors within the horse racing industry.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0320 Disclosure of Assistance in Preparation of Application
An applicant for a Class B license must disclose the names, addresses, and telephone numbers of individuals who assisted the applicant in preparation of its application.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0330 Personal Information and Authorization for Release
In an application for a Class B license the applicant must make its best effort, as defined in part 7870.0030, item E, to include the following with respect to each individual identified pursuant to part 7870.0200 as an applicant, partner, director, officer, other policymaker or holder of a direct or indirect record or beneficial ownership interest or other voting interest or control of five percent or more in the applicant and each individual identified pursuant to part 7870.0270, item B or C:
A. full name, business and residence addresses and telephone numbers, last five residence addresses, date of birth, place of birth, Social Security number, if the individual is willing to provide it, and two references; and
B. an authorization for release of personal information, on a form prepared by the commission, signed by the individual and providing that he or she:
History
- Statutory Authority: MS s 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 8 SR 1823; 24 SR 1568
Minn. R. 7870.0340 Class B License Criteria
The commission may issue a Class B license if it determines on the basis of all the facts before it that: the applicant is fit to sponsor and manage horse racing; issuance of a license will not create a competitive situation which will adversely affect racing and the public interest; the racetrack will be operated in accordance with all applicable laws and rules; and issuance of a license will not adversely affect the public health, safety, and welfare. In making the required determinations, the commission must consider the following factors and indices:
A. the integrity of the applicant, its partners, directors, officers, policymakers, managers, and holders of ownership or other voting interests or control, including:
B. the types and variety of pari-mutuel horse racing which applicant will offer;
C. the quality of physical improvements and equipment applicant will use, including:
D. financial ability to sponsor and manage pari-mutuel horse racing successfully, including:
E. status of necessary government approvals and compliance with applicable statutes, charters, ordinances, and regulations;
F. management ability of the applicant, including:
G. efforts to promote orderly growth of horse racing in Minnesota and educate public with respect to horse racing and pari-mutuel betting;
H. economic impact, including employment, purchases, and taxes;
I. extent of public support and opposition; and
J. effects on competition, including:
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0350 Class a and B License Application Disclosures
An applicant for a Class A or B license in its disclosures must:
A. Provide disclosures in printed or typewritten form on 8-1/2 by 11 inch paper. Immediately preceding each response, an applicant must restate what disclosure is sought. Any attachments or exhibits must be lettered or numbered separately. An applicant must provide photographs of any three-dimensional exhibits.
B. Make its best effort, as defined in part 7870.0030, item E, to provide all information required to be disclosed.
C. Provide only information relevant to disclosures requested by the commission.
D. Upon request of the commission or its agents, provide copies of any documents used in the preparation of its application.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0360 Class a and B License Application Submission
An applicant for a Class A or B license must submit to an individual designated by the commission:
A. all documents which are part of its application as a single assemblage; and
B. a letter of transmittal to the commission and, in sealed envelopes, an original and 20 copies of the application.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0370 Investigation Fee for Class a and B Licenses
An applicant for a Class A or B license must submit to the commission's designee at the time of application a certified check or bank draft to the order of the state of Minnesota in the amount of $10,000 to cover the costs of the investigation mandated by Minnesota Statutes, section 240.06, subdivision 3, or section 240.07, subdivision 2. Upon completion of the investigation, the commission must refund promptly to the applicant any amount by which the $10,000 exceeds the actual costs of investigation. If costs of the investigation exceed $10,000, the applicant must remit the amount of the difference by certified check or bank draft within ten days after receipt of a bill from the commission. An individual or other entity applying for Class A and B licenses simultaneously must submit only one $10,000 investigation fee.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0380 Clarification of Class a and B License Application Requirements
The commission must designate an individual who will clarify Class A and B license application requirements upon the oral or written request of a potential applicant. The designee must respond to clarification requests in writing within five days. No interpretation of application requirements by any other person will be binding upon the commission.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0390 Changes in Class a and B License Applications
The commission must not consider a substantive amendment to a Class A or B license application after its submission.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0400 Deadlines for Submission of Class a and B License Applications
Deadlines for submission of a Class A or B license application are as follows:
A. Applications for a Class A license to own and a Class B license to operate a racetrack in the seven-county metropolitan area may be submitted at any time by filing the application with the commission at its administrative offices.
B. Applications for Class A licenses to own and Class B licenses to operate racetracks outside the seven-county metropolitan area may be submitted at any time. If the commission determines that applications will be submitted for Class A licenses to own and class B licenses to operate racetracks outside the seven-county metropolitan area which will compete significantly with each other, the commission must establish a deadline for submission of applications.
C. Notwithstanding items A and B, applications for Class B licenses must be submitted at least 60 days before the date on which the applicant proposes to commence horse races.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823; 15 SR 2307
Minn. R. 7870.0410 Oral Presentation by Applicant for a Class a or B License
The commission must provide an applicant for a Class A or B license an opportunity to make an oral presentation of its application to the commission before the commission decides whether to issue a license. This part does not require that the commission afford an applicant more than one opportunity to make an oral presentation before the commission makes its decision.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0420 Payment of Class a and B License Fees
A Class A or B license does not become effective until the commission receives a certified check or bank draft to the order of the state of Minnesota in the amount of the license fee as prescribed by Minnesota Statutes, section 240.10. The Class A license fee is not refundable. The Class A and B licenses are void if the license fee is not received within ten days, as computed pursuant to Minnesota Statutes, section 645.15. The commission must refund promptly to the licensee any amount by which the Class B license fee paid exceeds the number of actual days of racing sponsored and managed by the licensee.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823; 14 SR 1419; 31 SR 1277
Minn. R. 7870.0430 Class a and B License Application Information
False or misleading information in a Class A or B license application, omission of required information, or substantial deviation from representations in the application is cause for denial, revocation, or suspension of a license or imposition of a fine.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0439 Strikes and Lockouts
A licensee constructing a horse racing facility must enter into a no-strike, no-lockout agreement with the statewide labor organization which represents the largest number of construction employees in Minnesota.
History
- Statutory Authority: MS s 240.23
- History: 9 SR 2527
Minn. R. 7870.0440 Delay in Completion of Racetrack Facility
Failure of a Class A licensee to complete substantially the construction of its racetrack facility and installation of equipment within 30 days, as computed pursuant to Minnesota Statutes, section 645.15, after the completion date stated in its license application is cause for revocation or suspension of the license, and the commission may impose a penalty of $1,000 on the licensee for each day of delay. The penalty does not apply if and to the extent the licensee proves that the delay arose out of causes beyond the control and without the fault or negligence of the licensee, its contractors and subcontractors. Such causes may include, but are not restricted to, acts of God or enemies of the United States, acts of government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the delay must be beyond the control and without fault or negligence of the licensee, its contractors and subcontractors. If the cause of delay is the default of a contractor or subcontractor and if the licensee proves the default arose out of causes beyond the control of the licensee, its contractors and subcontractors, the above penalty may not be imposed for the delay unless the supplies or services to be furnished by contractor or subcontractor were obtainable from other sources in sufficient time to permit the licensee to meet the completion date.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0450 Construction, Expansion, Extension, Alteration, or Remodeling of Facilities
No Class A or B licensee may construct, expand, extend, alter, or remodel a racetrack facility at a cost in excess of $100,000 without the approval of the commission. Failure to obtain approval is cause for revocation or suspension of a license or imposition of a fine.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823; 20 SR 2592; 28 SR 1482
Minn. R. 7870.0460 Security
Class A and B licensees must maintain security that is adequate to ensure the health, safety, and welfare of all humans and horses at the racetrack facility and protection of all property.
History
- Statutory Authority: MS s 240.03; 240.23
- History: 8 SR 1823; 42 SR 1258
Minn. R. 7870.0470 Security Modifications
The commission may order Class A and B licensees to make modifications to security facilities, equipment, systems, personnel, or their deployment which are necessary to the integrity of racing or public safety, health, or welfare. Failure to make modifications mandated by the commission promptly is cause for revocation or suspension of a license or imposition of a fine.
History
- Statutory Authority: MS s 240.23
- History: 8 SR 1823
Minn. R. 7870.0480 Medical Services
Subpart 1. Medical facilities, equipment, and personnel.
A licensed racetrack must provide at least the following medical facilities, equipment, and personnel:
A. a licensed physician or paramedic, who has been trained in assessing concussions, on the grounds during live racing hours; and
B. an emergency response team of not less than two emergency medical technicians must be on the grounds and equipped with essential emergency equipment during qualifying and live racing, training, or horse exercising hours.
Subp. 2. Concussion protocol.
Beginning April 1, 2021, a licensed racetrack shall adopt, publicly post, and implement a written protocol for the management of concussions in jockeys and drivers. The protocol and any subsequent amendments must be approved by the commission. Before a jockey or driver races at a licensed racetrack, the licensed racetrack shall obtain a written acknowledgment from the jockey or driver that the jockey or driver has been made aware of the requirements of the concussion protocol. At a minimum, the concussion protocol shall contain the following elements:
A. each jockey or driver must provide the licensed racetrack with documentation of having completed a valid Sport Concussion Assessment Tool prior to racing at the licensed racetrack;
B. the licensed racetrack shall establish and enforce guidelines requiring a jockey or driver who has suffered a concussion, or suspected concussion, to be cleared by a qualified medical professional before returning to racing; and
C. the licensed racetrack shall ensure that the stewards are notified in writing when a jockey or driver is not permitted to ride and when a jockey or driver has been cleared to resume riding. For purposes of this subpart, the term "jockey" includes a jockey and an apprentice jockey.
History
- Statutory Authority: MS s 240.03; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 8 SR 1823; 11 SR 2201; 16 SR 2684; 24 SR 1568; 34 SR 1135; 44 SR 1031; 50 SR 1117
Minn. R. 7870.0490 Care of Horses
A racetrack facility must provide the following facilities, equipment, and personnel for horses:
A. an individual box stall for each horse;
B. a fence surrounding the stabling facilities;
C. stabling and training facilities available at least two weeks before the start of the first race meeting for a breed of horse in any year unless a different time period is determined by contract between the association and the horseperson's organization representing a majority of the horsepersons;
D. a licensed outrider mounted on duty on the racetrack whenever a Thoroughbred or Quarter Horse facility is open for exercising horses; and
E. a horse ambulance as provided in part 7870.0491.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 8 SR 1823; 13 SR 38; 20 SR 2592; 28 SR 1482; 42 SR 1258; 46 SR 1210
Minn. R. 7870.0491 Ambulance Requirements
Subpart 1. Thoroughbred and Quarter Horse racing.
A. For Thoroughbred and Quarter Horse racing, a racetrack facility must provide a primary and backup horse ambulance to safely and expediently remove injured or disabled animals. The primary and backup horse ambulances must be four-wheel drive vehicles to tow or pull the horse ambulance trailer and must be equipped with:
B. Whenever the racetrack facility is open for racing or exercising horses, the ambulances must be tended by drivers who can assist in safely and expediently removing injured animals from the racetrack surface or other areas on the grounds of the racetrack.
Subp. 2. Standardbred racing.
A. For Standardbred racing, a racetrack facility must provide a horse ambulance available to safely and expediently remove injured or disabled animals. The ambulance must be a four-wheel drive vehicle to tow or pull the horse ambulance trailer and must be equipped with:
B. Whenever the racetrack facility is open for racing or exercising horses, the ambulance must be tended by a driver who can assist in safely and expediently removing injured animals from the racetrack surface or other areas on the grounds of the racetrack.
Subp. 3. Ambulance log.
For all racing, an ambulance driver must keep a log of ambulance use. The log is collected by the commission veterinarian and used for documentation. For each use, the log must include:
A. the date;
B. the horse's name;
C. the name of the trainer;
D. the location of the facility where the animal was picked up;
E. the horse's possible injury; and
F. the location where the horse was delivered.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 46 SR 1210
Minn. R. 7870.0500 Contract Approval
Subpart 1. Contracts and subcontracts subject to prior commission approval.
A. All contracts entered into, renewed, or extended by Class A, B, and D licensees and their contractors for goods, services, and events are subject to prior approval by the commission.
B. Contracts must include a current Certificate of Compliance, if applicable, issued by the Minnesota Department of Human Rights. Contracts must include a statement by the contractor affirming compliance with the ADA, if applicable.
C. All Class A, B, and D licensees must submit as soon as practicable to the commission the name and the address of the contractor or subcontractor, amount and duration of the contract or subcontract, and a description of the goods or services provided.
D. The commission shall determine whether the contract or subcontract may affect the integrity of pari-mutuel racing or card playing, and the commission shall notify the licensee whether the commission intends to review and approve or disapprove the contract or subcontract.
E. In making a determination that a contract or subcontract may affect the integrity of racing, the commission shall consider:
F. If notified of the commission's intention to review and approve or disapprove a contract or subcontract, the licensee shall promptly submit to the commission copies of any written contracts or subcontracts as well as any documentation, records, or information the commission may request with regard to the contract. If the commission notifies a licensee of the commission's intention to review and approve or disapprove a contract or subcontract, the contract or subcontract is not valid, nor is either of the parties bound by the contract until it has been approved by the commission.
G. The commission shall approve or disapprove contracts and subcontracts within 30 days, as computed pursuant to Minnesota Statutes, section 645.15, after submission.
Subp. 2. Waiver of review.
The commission, by application of the criteria in subpart 1 to contract information received, may determine that contracts and subcontracts of certain types, amounts, or durations will not affect the integrity of pari-mutuel racing and need not be reviewed. If the commission so concludes, it shall give written notice to affected licensees of the types, amounts, or durations of contracts and subcontracts which will not be reviewed and affected licensees need not thereafter submit the information required in subpart 1 for those contracts or subcontracts. The commission, at any time, may by written notice to affected licensees, rescind its decision not to review contracts and subcontracts of certain types, amounts, or durations and require submission of the information required in subpart 1 if it determines that the integrity of pari-mutuel racing is affected.
Subp. 3. Information required.
If the commission notifies a licensee of its intention to review and approve or disapprove a contract or subcontract, and the contract or subcontract is in an amount more than $100,000 or of a duration longer than 30 days, a Class A, B, or D licensee also must submit to the commission:
A. The name, address, and telephone number of the contractor or subcontractor.
B. The name and address of every director, officer, general partner, or other policymaker and holder of a direct or indirect record or beneficial ownership or other voting interest or control, whether absolute or contingent, of five percent or more in the contractor or subcontractor and the nature and extent of such interest or control. If a nonindividual holds more than a 25 percent interest or control of a contractor or subcontractor, the disclosure required by this item must be made of policymakers and holders of interests or control of ten percent or more in that entity.
C. A description of any contract, agreement, or understanding entered into by an individual or other entity identified in item B with regard to performance of the contract or subcontract or its benefits.
D. Descriptions of the most recent five contracts or subcontracts performed or being performed, date, and for whom.
E. Claims of delay or failure in meeting tax, financial, or other obligations, including bankruptcy proceedings, and any other litigation or administrative proceedings in which the contractor or subcontractor was a party during the past five years.
F. The signature, name, address, and title of an individual providing the information.
G. The licensee must make its best effort to notify the commission promptly of any change in the information required by items A, B, C, D, and E before performance is completed.
Subp. 4. Basis for commission approval.
The commission shall approve the contract or subcontract if it determines that approval will not adversely affect racing, pari-mutuel wagering, card playing, or the public interest, is in accordance with applicable laws and rules, and will not adversely affect the public health, safety, and welfare. In making that determination, the commission must consider the contractor's or subcontractor's competence, experience, reputation, record of law abidance, and financial responsibility.
Subp. 5. Rescission of approval.
The commission, after notice and an opportunity to be heard, may rescind its approval of a contract or subcontract during its performance if the commission determines that the contractor or subcontractor no longer meets the criteria in subpart 4.
Subp. 6.
[Repealed, 17 SR 7]
Subp. 7.
[Repealed, 17 SR 7]
Subp. 8.
[Repealed, 17 SR 7]
Subp. 9.
[Repealed, 17 SR 7]
Subp. 10.
[Repealed, 17 SR 7]
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 17 SR 7; 19 SR 2307; 24 SR 1568; 34 SR 1759; 42 SR 1258; 46 SR 6
Minn. R. 7870.0510 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
Minn. R. 7870.0600 Identification of Applicant for Class D License
An application for a Class D license must include, on a form prepared by the commission, an affidavit of the chief executive officer setting forth:
A. That application is made for a Class D license to sponsor and manage horse racing on which pari-mutuel betting is conducted.
B. That affiant is the agent of the applicant, its owners, members, directors, officers, and personnel and is duly authorized to make the representations in the application on their behalf. Documentation of the authority must be attached.
C. That the applicant seeks a grant of privilege from the state of Minnesota, and the burden of proving the applicant's qualifications rests at all times with the applicant.
D. That the applicant consents to inquiries by the state of Minnesota, its employees, the commission members, staff, and agents into the financial, character, and other qualifications of the applicant by contacting individuals and organizations.
E. That the applicant, its owners, partners, members, directors, officers, and personnel accept any risk of adverse public notice, embarrassment, criticism, or other circumstance, including financial loss, which may result from action with respect to the application and expressly waive any claim which otherwise could be made against the state of Minnesota, its employees, the commission, staff, or agents.
F. That affiant has read the applicant's identification and disclosures and knows the contents; the contents are true to affiant's own knowledge, except matters therein stated on information and belief; as to those matters, affiant believes them to be true.
G. That the applicant recognizes all representations in the application are binding on it, and false or misleading information, or substantial deviation from representations in the application may result in denial, revocation, or suspension of a license or imposition of a fine.
H. That the applicant will comply with Minnesota Statutes, chapter 240, and all rules of the commission.
I. Affiant's signature, name of organization, position, address, and telephone number.
J. The date.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0620 Disclosure of Ownership and Control
An applicant for a Class D license must disclose:
A. The type of organizational structure of the applicant, whether a county agricultural society or association, or a nonprofit corporation, and:
B. Whether the applicant is directly or indirectly controlled to any extent or in any manner by another individual or entity. If so, the applicant must disclose the identity of the controlling entity and a description of the nature and extent of control.
C. Any agreements or understandings which the applicant or any individual or entity identified pursuant to this part has entered into regarding applicant's sponsorship or management of horse racing, and copies of any written agreements.
D. Any agreements or understandings which the applicant has entered into for the payment of fees, rents, salaries, or other compensation by the applicant, and copies of any written agreements.
E. Whether the applicant, any director, trustee, officer, member, shareholder, or other holder of a direct or indirect record or beneficial voting interest or control of five percent or more, if the applicant has held or holds a license or permit issued by a governmental authority to own and operate a horse racing facility or conduct any aspect of horse racing or gambling. If so, the applicant must disclose the identity of the license or permit holder, nature of the license or permit, issuing authority, and dates of issuance and termination.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0630 Disclosure of Character Information
An applicant for a Class D license must make its best effort to disclose whether the applicant or any individual or other entity identified pursuant to parts 7870.0620, item B or C, and 7870.0695, item B or C, has:
A. Been charged in a criminal proceeding with a felony or fraud, misrepresentation, theft, larceny, extortion, jury tampering, obstruction of justice, perjury, or antitrust violation, or conspiracy to commit any of the foregoing. If so, the applicant must disclose the date charged, court, whether convicted, date convicted, crime convicted of, and sentence.
B. Been a party in a civil proceeding and alleged to have engaged in an unfair or anticompetitive business practice, a securities violation, or false or misleading advertising. If so, the applicant must disclose the date of commencement, court, circumstances, date of decision, and result.
C. Had a horse racing, gambling, or other business license or permit revoked or suspended or renewal denied, or been a party in a proceeding to do so. If so, the applicant must disclose the date of commencement, circumstances, date of decision, and result.
D. Been accused in an administrative or judicial proceeding or violation of a statute or rule relating to unfair labor practices, discrimination, horse racing, or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
E. Commenced an administrative or judicial action against a governmental regulator of horse racing or gambling. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
F. Been the subject of voluntary or involuntary bankruptcy proceedings. If so, the applicant must disclose the date of commencement, forum, circumstances, date of decision, and result.
G. Failed to satisfy any judgment, decree, or order of an administrative or judicial tribunal. If so, the applicant must disclose the date and circumstances.
H. Been delinquent in filing a tax report required or remitting a tax imposed by any government. If so, the applicant must disclose the date and circumstances.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0640 Disclosure of Improvements and Equipment
An application for a Class D license must disclose with respect to the facility at which it will sponsor and manage pari-mutuel horse racing:
A. The address of the facility at which the applicant will sponsor and manage horse racing, size, and geographical location, including reference to county and municipal boundaries.
B. A site map which reflects current and proposed highways and streets adjacent to the facility.
C. The types of racing for which the facility is designed, whether Thoroughbred, harness, Quarter Horse, or other.
D. Racetrack dimensions by circumference, width, banking, location of chutes, length of stretch, type of surface, and description of equipment which will be used to maintain the track surface. If the facility has more than one racetrack, the applicant must provide a description of each.
E. A description of horse stalls at the facility, giving the dimensions of stalls, separation, location, and total number of stalls.
F. A description of the grandstand, giving total seating capacity, total reserved seating capacity, indoor and outdoor seating capacity, configuration of grandstand seating, and pari-mutuel and concession facilities within the grandstand; the number and location of mens' and womens' restrooms, drinking fountains, and medical facilities available to patrons; and a description of public pedestrian traffic patterns throughout the grandstand.
G. A description of the detention area, giving distance to track and paddock, number of sampling stalls, placement of viewing ports on each stall, number of wash stalls with hot and cold water and drains; and a description of the walking ring.
H. A description of the paddock, if applicable, number of stalls in the paddock, height from the floor to lowest point of the stall ceiling and entrance, and paddock public address and telephone services.
I. A description of the jockeys' and drivers' quarters, giving changing areas, a listing of equipment to be installed in each, and the location of the jockeys' and drivers' quarters in relation to the paddock.
J. A description of the pari-mutuel totalizator and related pari-mutuel equipment, giving approximate location of bettors' windows and cash security areas; and a description of related pari-mutuel equipment, including the provider, if known.
K. A description of the parking, giving detailed attention to access to parking from surrounding streets and highways, number of parking spaces available, distinguishing between public and other; a description of the road surface on parking areas and the distance between parking and the grandstand; and a road map of the area showing the relationship of parking to surrounding streets and highways.
L. A description of improvements and equipment at the racetrack for security purposes including the provider of equipment, if known.
M. A description of starting, timing and photo finish equipment, and personnel, including the provider, if known.
N. A description of work areas for the commission members, officers, employees, and agents.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484; 23 SR 1540
Minn. R. 7870.0650 Disclosure of Authorization to Use Horse Racing Facility
An applicant for a Class D license must disclose the terms and conditions of the lease or other agreement authorizing the applicant to sponsor and manage pari-mutuel horse racing at a licensed facility and provide a copy of the agreement.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0660 Disclosure of Financial Resources
An applicant for a Class D license must disclose the following with regard to financial resources:
A. The past five annual reports of the secretary of the applicant to the commissioner of agriculture.
B. A financial statement reflecting the applicant's current assets, including investments, loans and advances receivable, and fixed assets and current liabilities, including loans and advances payable, long-term debt, and equity.
C. Equity and debt sources of funds to sponsor and manage horse racing:
D. Identification and description of sources of additional funds if needed due to cost overruns, nonreceipt of expected equity or debt funds, failure to achieve projected revenues, or other cause.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0670 Disclosure of Development Process
If an applicant for a Class D license proposes to conduct pari-mutuel horse racing at a facility to be constructed, the applicant must disclose with regard to development of its horse racing facility:
A. the total costs of construction of the facility, distinguishing between fixed costs and projections;
B. separate identification of the following costs, distinguishing between fixed costs and projections:
C. documentation of fixed costs;
D. the schedule for construction of the facility including estimated completion date;
E. schematic drawings;
F. copies of any contracts with and performance bonds from the:
G. whether the site has been acquired or leased. If so, the applicant must provide the documentation. If not, the applicant must disclose what actions must occur in order to use the site.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0680 Disclosure of Financial Plan
An applicant for a Class D license must disclose with regard to its financial plan, financial projections for any development period of each of the first or next three racing years, with separate schedules based upon the number of racing days and types of pari-mutuel betting the applicant requires to break even and the optimum number of racing days and types of betting the applicant seeks each year. The commission will use financial projections in deciding whether to issue Class D licenses. Neither acceptance of a license application nor issuance of a license shall bind the commission as to matters within its discretion, including, but not limited to, assignment of racing days and designation of types of permissible pari-mutuel betting pools. The disclosure must include:
A. the following assumptions and support for them:
B. the following profit and loss elements:
C. projected cash flow, including assessment of:
D. projected balance sheets as of the end of any development period and the first or next three racing years setting forth current, fixed, and other noncurrent assets; current and long-term liabilities; and capital accounts.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0690 Disclosure of Governmental Actions
An applicant for a Class D license must disclose with regard to actions of government agencies:
A. If any required government approvals for development, management, and sponsorship of horse racing have been obtained:
B. Whether any required governmental approvals remain to be obtained, as well as a description of the approval, unit of government, status, likelihood of approval, and estimated date.
C. Whether the horse racing facility complies with all statutes, charter provisions, ordinances, and regulations pertaining to the development, sponsorship, and management of horse racing. If not in compliance, the applicant must disclose the reasons why not.
D. An applicant for a Class D license must provide a certified copy of the county's authorizing resolution to conduct pari-mutuel horse racing.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0695 Disclosure of Management
An applicant for a Class D license must disclose with regard to its management of pari-mutuel horse racing:
A. A description of the applicant's management plan, with budget and identification of management personnel by function, job descriptions and qualifications for each management position, and a copy of the organizational chart.
B. Management personnel or volunteers and to extent known with respect to each:
C. Consultants and other contractors to the extent known who have provided or will provide management-related services to the applicant and with respect to each:
D. Memberships of the applicant, management personnel, and consultants in horse racing organizations.
E. A description of the applicant's security plan, including:
F. A description of the applicant's plans for human health and safety, including emergencies.
G. A description of the applicant's plans for animal health and safety, including provisions for maintenance of the racing surface and removal of injured horses from the track.
H. A description of the applicant's marketing, promotion, and advertising plans.
I. A description of the applicant's plan for the conduct of horse racing, including types of racing, number of days, weeks, specific dates, number of races per day, time of day, and special events.
J. A description of the applicant's plan for purses, including total purses, formula, minimum, stakes races, and purse-handling procedures.
K. A description of the applicant's plan for pari-mutuel betting, including number of line divisions, windows, selling machines, and clerks; uses and duties of each; and accounting procedures, including its proposed system of internal audit and supervisory controls.
L. A description of the applicant's plan for concessions, including whether the licensee will operate concessions and, if not, who will to the extent known.
M. A description of training of the applicant's personnel.
N. A description of plans for compliance with laws pertaining to discrimination, equal employment, and affirmative action.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0720 Effects on Competition
An applicant for a Class D license must disclose the effects of its sponsorship and management of horse racing on competitors within the horse racing industry.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0730 Disclosure of Assistance in Preparation of Application
An applicant for a Class D license must disclose the names, addresses, and telephone numbers of individuals who assisted the applicant in preparation of its application.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0740 Personal Information and Authorization for Release
In an application for a Class D license, the applicant must make its best effort to include the following with respect to each individual identified pursuant to part 7870.0620 as a director, trustee, officer, member, shareholder, or other holder of a direct or indirect record or beneficial voting interest or control of five percent or more in the applicant and each individual identified pursuant to part 7870.0695:
A. full name, business and residence addresses and telephone numbers, last five residence addresses, date of birth, place of birth, social security number, if the individual is willing to provide it, and two references; and
B. an authorization for release of personal information, on a form prepared by the commission, signed by the individual and providing that the applicant:
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484; L 1997 c 129 art 2 s 15
Minn. R. 7870.0750 Class D License Criteria
The commission may issue a Class D license if it determines on the basis of all the facts before it that: racing will be operated according to applicable laws and rules, and issuance of a license will not adversely affect the public health, safety, and welfare. In making the required determinations, the commission must consider the following factors and indices:
A. the integrity of the applicant, its directors, trustees, officers, managers, and holders of voting interests or control, including:
B. the types and variety of pari-mutuel racing which the applicant will offer;
C. the quality of physical improvements and equipment the applicant will use, including:
D. imminence of completion of facility;
E. financial ability to develop, sponsor, and manage pari-mutuel horse racing successfully, including:
F. status of necessary government approvals and compliance with applicable statutes, charters, ordinances, and regulations;
G. management ability of the applicant, including:
H. efforts to promote orderly growth of horse racing in Minnesota and educate the public with respect to horse racing and pari-mutuel betting;
I. extent of public support and opposition; and
J. effects on competition, including:
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0760 Class D License Application Disclosures
An applicant for a Class D license in its disclosures must:
A. Provide disclosures in printed or typewritten form on 8-1/2 by 11-inch paper. Immediately preceding each response, an applicant must state what disclosure is sought. Any attachments or exhibits must be lettered or numbered separately. An applicant must provide photographs of any three-dimensional exhibits.
B. Make its best effort, as defined in part 7870.0620 to provide all information required to be disclosed.
C. Provide only information relevant to disclosures requested by the commission.
D. Upon request of the commission or its agents provide copies of any documents used in the preparation of its application.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0770 Class D License Application Submission
An applicant for a Class D license must submit to an individual designated by the commission:
A. all documents which are part of its application as a single assemblage; and
B. a letter of transmittal to the commission and, in sealed envelopes, an original and 20 copies of the application.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0780 Clarification of Class D License Application Requirements
The commission must designate an individual who will clarify Class D license application requirements upon the oral or written request of a potential applicant. The designee must respond to clarification requests in writing within five days. No interpretation of application requirements by any other person will be binding upon the commission.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0790 Changes in Class D License Applications
The commission must not consider a substantive amendment to a Class D license application after its submission.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0800 Deadlines for Submission of Class D License Applications
Applications for Class D licenses must be submitted by at least 45 days before the date on which the applicant proposes to commence horse racing.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484; 18 SR 886
Minn. R. 7870.0810 Oral Presentation by Applicant for a Class D License
The commission must provide an applicant for a Class D license an opportunity to make an oral presentation of its application to the commission before the commission decides whether to issue a license. This part does not require that the commission afford an applicant more than one opportunity to make an oral presentation before the commission makes its decision.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0820 Payment of Class D License Fee
A Class D license does not become effective until the commission receives a certified check or bank draft made payable to the order of the State of Minnesota in the amount of the license fee as follows and is void if the license fee is not received within ten days, as computed pursuant to Minnesota Statutes, section 645.15, after issuance: A fee for a Class D license equal to $50 times the optimum number of racing days sought in the license application. The commission must promptly refund to the licensee any amount by which the fee paid exceeds $50 times the number of actual days of racing sponsored and managed by the licensee.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0830 Class D License Application Information
False or misleading information in a Class D license application, omission of required information, or substantial deviation from representations in the application is cause for denial, revocation, or suspension of a license or imposition of a fine.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0840 Construction, Expansion, Extension, Alteration, or Remodeling of Facilities
No Class D licensee may manage and conduct pari-mutuel horse racing at a facility at which construction, expansion, extension, alteration, or remodeling has occurred. No Class D licensee may construct, expand, extend, alter, or remodel a racetrack at a cost in excess of $10,000 unless the commission has approved the expansion, extension, alteration, or remodeling. Management or conduct of racing without approval is cause for revocation or suspension of a license or imposition of a fine.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0850 Security
Class D licensees must maintain security that is adequate to ensure the health, safety, and welfare of all humans and horses at the racetrack facility and protection of all property.
History
- Statutory Authority: MS s 240.03; 240.23
- History: 16 SR 484; 42 SR 1258
Minn. R. 7870.0855 Security Modifications
The commission may order Class D licensees to make modifications to security facilities, equipment, systems, personnel, or their deployment which are necessary to ensure the integrity of racing or public safety, health, or welfare. Failure to make modifications mandated by the commission promptly is cause for revocation or suspension of a license or imposition of a fine.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0860 Medical Services
It shall be the responsibility of the Class D licensee to have a certified paramedic or emergency medical technician and an ambulance on the premises during the period beginning 30 minutes prior to the post time for the first race on the program, or first qualifying race, through the conclusion of the racing program.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Minn. R. 7870.0870 Care of Horses
A Class D licensee must provide the following facilities, equipment, and personnel for horses:
A. an individual stall for each horse, or other stabling facilities;
B. a fence surrounding the stabling facilities;
C. a licensed outrider mounted and on duty whenever pari-mutuel racing is being conducted; and
D. a conveyance available for the safe and expedient removal of crippled animals. The appearance and operation of such conveyance must be approved by the commission veterinarian prior to the taking of entries for the first day of racing. Whenever pari-mutuel racing is being conducted, this conveyance must be available in a location such that it may be immediately driven to an injured horse by a driver capable of assisting in the safe and expedient removal of said horse from the racetrack surface.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 484
Chapter 7871 TELEVISED HORSE RACING DAYS
Minn. R. 7871.0010 Application for Pari-Mutuel Pools
Subpart 1. Submission of pari-mutuel requests.
A class B licensee may apply for approval of pari-mutuel pools including rules governing calculation of payoffs, disposition of unclaimed tickets, pools offered based on the number of entries, prevention and failure to start, and scratches in effect at the host racetrack by submitting an original and 15 copies of the following:
A. a signed request for approval of pari-mutuel pools; and
B. any other documentation the commission considers necessary to ensure a complete understanding of the request.
Subp. 2. Disposition of requests.
The commission must act on a request for approval of pari-mutuel pools under the following procedures:
A. Upon receipt of an application, the commission shall send written notice of the application to all other Class B licensees. The notice must include a brief description of the request, a statement that all licensees wishing to comment may do so in writing within seven days after issuance of the notice, the time and place of any public hearing on the application, and the earliest and latest date on which the commission may act.
B. If, after an application is filed, the commission determines that additional information from the applicant is necessary to fully consider the request, the commission shall direct the applicant to submit the additional data.
C. If the commission further determines it is necessary to fully understand an application, the commission shall request the applicant or a licensee submitting comments to appear before the commission. The commission shall request the appearance in writing at least five days in advance.
D. If an applicant fails to comply with subpart 1 and this subpart, the commission shall deny the request.
E. The commission shall approve, deny, or give its qualified approval to an application for pari-mutuel pools not sooner than ten nor later than 45 days after filing of the application.
F. Within 30 days after action on an application, the commission shall submit in writing to the applicant and licensees who submitted written comments the reasons for its action.
Subp. 3. Motion of commission.
The commission on its own motion may designate pari-mutuel pools as provided in Minnesota Statutes, section 240.13, subdivision 3, except that the commission shall perform the duties imposed on an applicant by subpart 1.
Subp. 4. Submission of contracts.
A copy of the fully executed contracts between the licensee and the host racetracks must be submitted prior to the commencement of televised racing days from the respective host racetracks.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 14 SR 1419; 15 SR 2307; 18 SR 886; 19 SR 2307; 41 SR 1322
Minn. R. 7871.0020 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
Minn. R. 7871.0030 Pari-Mutuel Betting
Subpart 1. Minimum return.
On a televised racing day approved by the commission, the minimum return on each winning wager shall be that amount which is in effect at the host track. The share of liability for insufficient money in the net pool may be as agreed to by the licensee and the host racetrack.
Subp. 2. Commingling of funds.
With the prior approval of the commission, the licensee may commingle the amounts bet at the licensed racetrack on a televised racing day with the pari-mutuel pools at the host racetrack. If the pari-mutuel pools are commingled, the wagering at the licensed racetrack must be on pari-mutuel equipment capable of issuing pari-mutuel tickets and be electronically linked with the equipment at the host racetrack or alternative facility.
History
- Statutory Authority: MS s 240.23
- History: 14 SR 1419; 23 SR 1540
Minn. R. 7871.0040 "official" Sign
Any ruling of the stewards at the host racetrack with regard to the award of purse money made after the "official" sign has been posted shall have no bearing on the mutuel payoff.
History
- Statutory Authority: MS s 240.23
- History: 14 SR 1419
Minn. R. 7871.0050 Lost Tickets
The association shall consider claims for lost pari-mutuel tickets but is not liable for lost pari-mutuel tickets.
History
- Statutory Authority: MS s 240.23
- History: 14 SR 1419; 26 SR 1438
Minn. R. 7871.0060 Altered or Mutilated Tickets
A mutilated or altered pari-mutuel ticket that is not easily identifiable as being a valid ticket shall not be accepted for payment, unless the wager can be reliably verified by other means.
History
- Statutory Authority: MS s 240.03; 240.23
- History: 14 SR 1419; 42 SR 1258
Minn. R. 7871.0070 Information Window
Each association shall provide at least one information or complaint window where complaints may be made by members of the public. A current set of all Minnesota commission rules regarding pari-mutuel wagering shall be available for public inspection during racing hours at every such window.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 14 SR 1419; 20 SR 2592; 33 SR 8; 41 SR 1322
Minn. R. 7871.0080 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
Minn. R. 7871.0090 Simulcast Wagering on a Televised Racing Day
Subpart 1. Request.
Upon written request of a Class B licensee, the commission shall approve wagering on races televised to Minnesota from another licensed racing jurisdiction during a televised racing day. The Class B licensee must file a certification form with the commission prior to the broadcast. The certification form must include, at a minimum, the beginning and end dates, pools, takeouts, and fees for each reciprocal agreement among the racetrack hosting the broadcast, the association representing the horsepersons at the host track, the Minnesota racetrack receiving the broadcast, and the association representing the horsepersons at the Minnesota racetrack receiving the broadcast. The Class B licensee must make the signed reciprocal agreement available for the commission to review prior to the first broadcast.
Subp. 2. Approval.
All approved simulcast races must be conducted at the licensed racetrack on a televised racing day assigned to an association by the commission.
Subp. 3.
[Repealed, 41 SR 1322]
Subp. 4. Compliance with laws.
In addition to all state laws and applicable rules of the commission, simulcast wagering on televised racing days must be in compliance with United States Code, title 15, section 3001, et seq.
History
- Statutory Authority: MS s 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 14 SR 1419; 18 SR 886; 24 SR 1568
Minn. R. 7871.0100 [Repealed, 18 SR 886]
[Repealed, 18 SR 886]
Minn. R. 7871.0110 Distribution of Purse Money
Subpart 1. Purse amounts.
Pursuant to Minnesota Statutes, section 240.13, subdivision 5, the amounts required to be withheld from all pari-mutuel pools must be allocated for purses by an association conducting televised horse racing.
Subp. 2. Escrow accounts.
All money withheld for purses by an association pursuant to subpart 1 must be placed in interest-bearing escrow accounts and set aside for purse money in the next racing meeting for the breed involved, except that money may be first applied to any purse overpayment from the previous live race meet as agreed to between the association and the horsepersons' organization representing the breed involved.
History
- Statutory Authority: MS s 240.23
- History: 14 SR 1419; 19 SR 2307
Minn. R. 7871.0120 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
Minn. R. 7871.0130 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
Minn. R. 7871.0140 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
Minn. R. 7871.0150 Emergency Procedures When Pools Are Commingled at the Class a Facility or at an Alternative Facility
Subpart 1. Interruption of audio/visual satellite signal from host racetrack.
In the event of an interruption of both the audio and video satellite signal from the host racetrack, the guest track may continue to accept wagering on the balance of the program and subsequent programs until the satellite downlink has been reestablished, if the wagering hub has an audio/visual feed from the host track and the on-track public is notified by public announcement. If the audio and video interruption will not be corrected before the end of the host track's racing program, betting must be stopped for the races that will not be televised but all advanced wagers must be honored. If the initial audio or visual signal is not established, the guest track must make an announcement to the public and stop betting until the signals are established. All advanced wagers made without an audio or video signal must be honored.
Subp. 1a. Disruption of communication between Class A facility and alternative facility.
In the event that the communications between the Class A facility and the alternative facility fails, the Class B licensee must:
A. notify the alternative facility operator, the designated racing commission representative, and the wagering patrons that an interruption in communication has occurred; and
B. immediately begin to execute back-up procedures to reestablish communication between the Class A and alternative facility.
Subp. 2. Wagering interface interruption when Class A facility is guest racetrack.
If for any reason it becomes impossible to successfully merge, electronically or manually, the bets placed into the host track pool, the guest track shall make payouts in accordance with host track prices or refunds as described in subpart 4b.
Subp. 2a. Wagering interface interruption when Class A facility is host racetrack.
If the host mutuel manager determines that a guest track has not transmitted its pools to the host track in a timely manner or has otherwise jeopardized the integrity of the host track's pools or has delayed the host track's program, the guest track must be excluded from the wagering pools.
Subp. 3.
[Repealed, 26 SR 1438]
Subp. 4.
[Repealed, 26 SR 1438]
Subp. 4a.
[Repealed, 26 SR 1438]
Subp. 4b. Procedures for paying host track prices.
A. In the event that wagers are not accepted at the host track, the guest track shall pay the host track prices on affected single-race pools. The funds derived from the wagers shall be applied to the payment of the affected winning tickets. The guest and host tracks along with the totalizator companies shall resolve any resulting liabilities among themselves. Underpayments may be used to offset overpayments generated during a calendar year. Any resulting surplus at the close of wagering on December 31st of a calendar year must be added into a net wagering pool, chosen by the association and approved by the commission in accordance with part 7873.0110, subpart 3, on the first live racing day of the following meet. If there is a deficit at the close of wagering on December 31st of a calendar year, that deficit will be the starting point for which the following year's cumulative total begins. The mutuel department or tote representative or both must submit to the commission a complete report of payments made to winning ticket holders resulting in any surplus or liability. This report must also summarize the yearly total of accumulated surpluses and liabilities. This report must be submitted to the commission within 48 hours of the failure.
B. In the event that wagers are not accepted at the host track, the guest track shall refund wagers on affected multiple-race pools.
Subp. 5. Notification and reporting.
In the event of system disruption in connection with the pari-mutuels or audio/visual satellite signal covered in subparts 1 to 2a or in any situation not covered in subparts 1 to 2a, the pari-mutuel representative from the association will notify the stewards or designated commission representative of the interruption as soon as possible and render a written report to the commission within 48 hours.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 14 SR 1419; 20 SR 2592; 23 SR 1540; 24 SR 1568; 26 SR 1438; 41 SR 1322
Chapter 7872 ASSIGNMENT OF HORSE RACING DAYS
Minn. R. 7872.0100 Application for Racing Days
Subpart 1. Submission of live racing days requests.
On or before November 15 of any year, a Class B or Class D licensee may apply for an assignment of live racing days for up to the next three calendar years by submitting an original and an electronic copy of the following:
A. a signed request for assignment of racing days;
B. a statement of the precise nature and extent of the assignment requested, including dates, breeds of horses, number of races per program, types of races, purses, and hours of racing;
C. a detailed statement of how the request meets each of the criteria in part 7872.0110; and
D. any other documentation the licensee deems necessary to ensure a complete understanding of the request.
Subp. 2. Disposition of racing days requests.
The commission must act on a request for assignment of racing days pursuant to the following procedures:
A. Upon receipt of an application, the commission shall send written notice of the application to all persons registered with the commission for the purpose of notification of assignments of racing days and all other Class B and D licensees. The notice must include a brief description of the request, a statement that all persons wishing to comment may do so in writing within 20 days after issuance of the notice, the time and place of a public hearing on the application, and the earliest and latest date on which the commission may act.
B. The commission shall conduct a public hearing on the request no sooner than 25 nor later than 45 days after an application is filed. The commission shall issue a press release no later than five days after an application is filed announcing the filing and the time and place of the public hearing.
C. If, after an application is filed, the commission determines that additional information from the applicant is necessary to fully consider the request, the commission must direct the applicant to submit the additional data.
D. If the commission further determines it necessary to fully understand an application, the commission shall request the applicant or a person submitting comments to appear before the commission. The commission shall request the appearance in writing at least five days in advance.
E. If an applicant fails to comply with subpart 1 and this subpart, the commission shall deny the request.
F. Within 30 days after action on an application, the commission shall submit in writing to the applicant and persons who submitted written comments the reasons for its action.
Subp. 3. Revision of racing days.
A holder of a Class B or D license may apply for, or the commission on its own motion may make, a revision of an assignment of racing days as provided in Minnesota Statutes, section 240.14, subdivision 2, paragraph (b), except that the commission shall perform the duties imposed on an applicant as provided in this part. For the purpose of this subpart, a revision to the assignment of racing days includes:
A. racing on a day not previously assigned by the commission;
B. not racing on a day previously assigned by the commission; or
C. adding or eliminating a breed of horse not previously assigned to race during a meet by the commission. Change requests concerning post times or the number of races must instead be submitted to the executive director with letters of concurrence by the horsepersons' organizations affected at least three days before the proposed change.
Subp. 4. Rescission of racing days.
The commission on its own motion may rescind one or more racing days assigned to a licensee as provided in Minnesota Statutes, section 240.14, subdivision 4, if the commission determines the licensee has not or will not meet the terms of the license. Any days rescinded may be reassigned to another licensee.
Subp. 5. Licenses after July 1.
If a Class B or D license is issued after July 1 of any year, the commission upon application may approve an assignment of racing days to the licensee as provided in Minnesota Statutes, section 240.14, subdivision 1, except that the application must have been filed no later than the time of application for the license.
Subp. 6. Submission of televised racing dates request.
A Class B licensee may apply for an assignment of televised racing dates no later than 30 days before the requested commencement of televised racing days. Each request for televised racing dates must include an original and an electronic copy of the following:
A. a signed request for assignment of racing days;
B. a statement that includes dates requested, breeds of horses, types of races, number of races per program, and a tentative list of potential host racetracks and their days and post times of racing; and
C. any other documentation the licensee or commission reasonably deems necessary to ensure a complete understanding of the request.
Subp. 7. Variations to televised racing days within dates previously approved by commission.
The commission's director, deputy director, or director of pari-mutuel racing may approve variations and changes in racing programs and host racetracks if requested by the licensee, provided that the association representative requesting the variations submits documentation of the variations to the director, deputy director, or director of pari-mutuel racing within 24 hours following the request.
History
- Statutory Authority: MS s 240.03; 240.08; 240.23; 240.24
- History: 9 SR 2527; 14 SR 1419; 15 SR 2307; 20 SR 2592; 22 SR 1785; 33 SR 8; 42 SR 1258
Minn. R. 7872.0110 Assignment of Racing Days
Subpart 1. Request.
Upon the written request of a Class B or D licensee, the commission shall assign racing days, including maximum number of days of racing per year, months and weeks during which racing may be conducted, days on which racing may be conducted, dark days, types of racing, maximum number of races per program, hours of racing, period of time between race meetings and other issues related to Minnesota Statutes, chapter 240, and the rules of the commission.
Subp. 2. Basis for assignment of racing days.
When considering a request for assignment of racing days, the commission must consider the success and integrity of racing; the public health, safety, and welfare; public interest, necessity, and convenience; as well as the following factors:
A. the integrity of the licensee and the host racetrack;
B. the financial strength of the licensee and the host racetrack;
C. the ability of the licensee and the host racetrack to conduct horse racing, including licensee's facilities, systems, policymakers, managers, and personnel;
D. past compliance of the licensee and the host racetrack with all laws, rules, and orders regarding pari-mutuel horse racing;
E. the licensee's market, including area, population, and demographics;
F. the performance of the licensee and host racetrack with previously assigned dates;
G. the impact of the assignment of racing days on the economic viability of the racetrack, including attendance and pari-mutuel handle;
H. the quantity and quality of economic activity and employment generated;
I. state tax revenues from racing and related economic activity;
J. the entertainment and recreation opportunities for Minnesota citizens;
K. the variety of racing;
L. the quality of racing;
M. the availability and quality of horses;
N. the development of horse racing;
O. the quality of racetrack facilities;
P. security;
Q. purses;
R. benefits to Minnesota breeders and horse owners;
S. stability in racing dates;
T. competition among racetracks and with other providers of entertainment and recreation as well as its effects;
U. the social effects;
V. ecology;
W. community and government support;
X. sentiment of horsepersons; and
Y. any other factors related to assignment of racing days which the commission deems crucial to its decision-making as long as the same factors are considered with regard to all requests.
History
- Statutory Authority: MS s 240.23
- History: 9 SR 2527; 14 SR 1419
Chapter 7873 HORSE RACING; PARI-MUTUEL RULES
Minn. R. 7873.0100 Application for Pari-Mutuel Pools
Subpart 1. Submission of pari-mutuel requests.
A Class B or D licensee may apply for approval of pari-mutuel pools by submitting an original and an electronic copy of the following:
A. a signed request for approval of pari-mutuel pools;
B. a statement of the precise nature and extent of the pools requested, including type of betting and placement in racing programs;
C. a detailed statement of how the request meets each of the criteria in part 7873.0110, subpart 2; and
D. any other documentation the licensee deems necessary to ensure a complete understanding of the request.
Subp. 2. Disposition of requests.
The commission must act on a request for approval of pari-mutuel pools pursuant to the following procedures:
A. Upon receipt of an application, the commission shall send written notice of the application to all other Class B and D licensees. The notice must include a brief description of the request, a statement that all licensees wishing to comment may do so in writing within seven days after issuance of the notice, the time and place of any public hearing on the application, and the earliest and latest date on which the commission may act.
B. If, after an application is filed, the commission determines that additional information from the applicant is necessary to fully consider the request, the commission shall direct the applicant to submit the additional data.
C. If the commission further determines it necessary to fully understand an application, the commission shall request the applicant or a licensee submitting comments to appear before the commission. The commission shall request the appearance in writing at least five days in advance.
D. If an applicant fails to comply with subpart 1 and this subpart, the commission shall deny the request.
E. The commission shall approve, deny, or give its qualified approval to an application for pari-mutuel pools not sooner than ten nor later than 45 days after filing of the application.
F. Within 30 days after action on an application, the commission shall submit in writing to the applicant and licensees who submitted written comments the reasons for its action.
Subp. 3. Motion of commission.
The commission on its own motion may designate pari-mutuel pools as provided in Minnesota Statutes, section 240.13, subdivision 3, except that the commission shall perform the duties imposed on an applicant by subpart 1.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23
- History: 9 SR 2527; 15 SR 2307; 19 SR 2307; 42 SR 1258
Minn. R. 7873.0110 Approval of Pari-Mutuel Pools
Subpart 1. Request.
Upon written request of a Class B or D licensee, or on its own motion, the commission may approve pari-mutuel pools, including types of betting, number and placement of multiple pools in racing programs, and other issues related to pari-mutuel pools that promote the purposes of Minnesota Statutes, chapter 240, and the rules of the commission.
Subp. 2. Basis for approving pari-mutuel pools.
When considering a request for approval of pari-mutuel pools, the commission must consider the success and integrity of racing; the public health, safety, and welfare; and the public interest, necessity, and convenience.
Subp. 3. Live racing days; director of pari-mutuel racing authority.
Upon request from an association's director of pari-mutuel racing, the commission's director of pari-mutuels is delegated the authority to approve variation and changes in the pari-mutuel pools previously approved by the commission. Before approving a change in a pick (n) pool, the commission's director of pari-mutuels must consult with the commission's deputy or executive director.
Subp. 4. Additional money added.
With the approval of the commission's executive director or deputy director, the association may guarantee a minimum payout in any pari-mutuel pool. If the guaranteed payout exceeds the amount available for distribution from the amounts wagered, the association shall provide the difference by paying the holders of any winning ticket designating the official winners in the pool.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 9 SR 2527; 14 SR 2008; 15 SR 2307; 16 SR 1800; 19 SR 2307; 26 SR 1438; 41 SR 1322
Minn. R. 7873.0120 Pari-Mutuel Betting
Subpart 1. Deficiencies.
In the event there is insufficient money available in a net pari-mutuel pool to return $2.10 on each winning $2 wager or $1.05 on each winning $1 wager, the association conducting the pari-mutuel betting shall pay the deficiency from the gross breakage amount of the pools involved in the race.
Subp. 2. Telecasts.
A licensee may, with the approval of the commission, transmit telecasts of races the licensee conducts for wagering purposes to a location outside the state. The commission may allow the licensee to commingle its wagering pools with the wagering pools at a facility located outside of this state that is regulated by a state racing commission or pari-mutuel regulatory board, when it transmits telecasts under this subpart.
History
- Statutory Authority: MS s 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 14 SR 2008; 16 SR 1800; 20 SR 2592; 24 SR 1568
Minn. R. 7873.0125 Calculation of Payoffs
Subpart 1. No money wagered on horse to win.
If a horse wins and there is no money wagered on it to win, the win pool shall be apportioned among the holders of place tickets on that horse, if any; otherwise among holders of the show tickets on that horse.
Subp. 2. No money wagered on horse to place.
If no money has been wagered to place on a horse which is placed first or second in a race, the place pool for that race shall be apportioned among the holders of the place tickets on the other horse which was placed first or second.
Subp. 3. No money wagered on horse to show.
If no money has been wagered to show on a horse which has placed first, second, or third in a race, the show pool in that race shall be apportioned among the holders of show tickets on the other horses which are placed first, second, or third in that race.
Subp. 4. Failure of horses to finish in pools.
If only two horses finish in any one race, the show pool shall be figured the same as the place pool and the money apportioned to holders of show tickets on the two finishing horses. If only one horse finishes in any one race, all three pools shall be figured separately as straight holders of the finishing horse. If no horse finishes the race, then the entire amount wagered in all pools shall be refunded to all ticket holders.
Subp. 5. Dead heats.
If two horses finish in a dead heat for:
A. first, the payoff price shall be figured as in a place pool;
B. second, the winner of the race receives its half share of the profits in that pool, and each of the two horses that dead heats for second receives one-half of the remaining half of the profits; or
C. third, the first and second horses each receive a normal one-third of the profits in that pool; and the two horses that dead heat for third, each receives one-half of the remaining third of the profits.
Subp. 6. Coupled entry finishing in the money.
If two horses coupled in the betting as an "entry" or the "field" finish first and second, first and third, or second and third, the division of the net show pool shall be as follows: two-thirds of the net show pool shall be allotted to the pool of the entry and the remaining one-third to the other horse.
Subp. 7. Coupled entry in dead heat finishing in the money.
If one horse of an entry or field finishes first or second and the other part of the same entry or field finishes in a dead heat for third with another horse, the division of the net show pool shall be as follows: one-half of the pool to the entry, one-third to the other first or second place finisher, and one-sixth to the horse finishing in the dead heat.
Subp. 8. Field or entry finishing first, second, and third.
If the coupled entry or field horses finishes first, second, and third, the money in each pool goes to the entry or field tickets, no other tickets participating.
Subp. 9. Underpayments or overpayments.
In the event that an error occurs in the calculation of payoff amounts for pari-mutuel wagers which are cashed or entitled to be cashed and, as a result causes overpayments or underpayments to occur, the mutuel department will notify the commission and follow up the notification with the appropriate reports. Underpayments shall be moved to a special mutuel account the morning following the day on which the underpayment occurred. Effort must be made to notify the public of the underpayment. Unless a claim is filed, the underpayments will remain in the special mutuel account until such time that the meet or live racing season during which the underpayment occurred is due to be purged and will then be included as outs.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 9 SR 2527; 20 SR 2592
Minn. R. 7873.0127 Pari-Mutuel Pools Dependent on Entries
Unless the commission approves a prior written request from an association to alter wagering opportunities for a specific race, each association must offer:
A. win, place, and show wagering on all scheduled races involving six or more betting interests;
B. if horses representing five betting interests are scheduled to start in a race, then the association may prohibit show wagering on that race; and
C. if horses representing four or fewer betting interests are scheduled to start in a race, then the association may prohibit place wagering, show wagering, or both on that race. Where possible, the official program must contain a notice indicating races on which place wagering, show wagering, or both are not offered.
History
- Statutory Authority: MS s 240.24
- History: 10 SR 2161
Minn. R. 7873.0130 Prevention to Start
In a Thoroughbred, Quarter Horse, Arabian, or other breed race, if the doors in front of a stall in a mechanically or electronically operated starting gate should fail to open simultaneously with the other stall doors, thereby preventing a horse from obtaining a fair start when the starter dispatches the field, the following shall apply:
A. If any horse is so prevented from starting, and does not finish first, all amounts wagered on that horse in all pools shall be refunded. Any horse so prevented from starting shall be entitled to any purse money earned for its actual place in the order of finish.
B. If any horse or horses are so prevented from starting so that it would reduce the total number of starters below six, the following shall apply:
History
- Statutory Authority: MS s 240.03; 240.23
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 16 SR 2684; 19 SR 2307; 42 SR 1258
Minn. R. 7873.0140 Failure to Start
After wagering has commenced on a race and prior to the race being run, should a horse or horses be scratched resulting in a field of less than six different betting interests, the following shall apply:
A. if five horses of different betting interests are declared starters, the association may refund the entire amount wagered in the show pool;
B. if four or fewer horses of different betting interests are declared starters, the association may refund the entire amount wagered in the show pool, the place pool, the exacta pool, and the quinella pool; and
C. if fewer than two horses are declared starters, the race must be canceled and the entire amount wagered in the win, place, show, exacta, and quinella pools must be promptly refunded. In all cases, the association must, prior to the race being run, announce to the public its decision to cancel any pools.
History
- Statutory Authority: MS s 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 14 SR 2008
Minn. R. 7873.0150 Scratches
For all single-race wagers, a refund at face value shall be made to all holders of pari-mutuel tickets on horses that have been withdrawn, dismissed, or have participated in a race in which no horse finished. In the case of a coupled entry, it shall be left to the judgment of the stewards as to whether or not to provide a refund.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23
- History: 9 SR 2527; 14 SR 2008; 19 SR 2307; 42 SR 1258
Minn. R. 7873.0160 Daily Double
Subpart 1. Scope.
The daily double wager combines two horses in two successive races, selecting the horses which will finish first in the official order of finish of each of the two races. The first of these races is designated as the first half of the daily double and the subsequent race the second half. All daily double wagers must be calculated in an entirely separate pool.
Subp. 2. No winning combinations sold.
The following calculations shall be used when no winning daily double combinations are sold:
A. If no winning combination is sold, the total money is computed as a place pool with those who have picked the winner of the first half and those who have picked the winner of the second half participating in the pool.
B. If no ticket is sold on the winner of the second half, the entire pool is apportioned to holders of the tickets on the winner of the first half.
C. If no ticket is sold on the winner of the first half, the entire pool is apportioned to the holders of tickets on the winner of the second half participating in the pool.
D. If no tickets are sold containing the numbers of either winner, the pool shall be allotted to those having tickets on horses finishing next to the winners.
Subp. 3. Dead heats.
If a dead heat should result in the first or second race of the daily double, the total pool is figured as a place pool.
Subp. 4. Scratches from daily double before first half is run.
Should any horse or horses entered in the first or second half of the daily double be scratched, excused by the stewards, or prevented from racing before the first half of the daily double has been run, the money wagered on any horse or horses so scratched, excused, or prevented from racing shall be deducted from the daily double pool and refunded to the purchaser or purchasers of tickets on the horse or horses so scratched, excused, or prevented from racing.
Subp. 5. Scratches in second half to result in consolation pool.
Should any horse be scratched, excused, or prevented from racing in the second half of the daily double, after the first half is official, all tickets combining the scratched horse with winner of first half of the daily double shall become consolation tickets and shall be paid a price per dollar denomination calculated as follows: The net daily double pool shall be divided by the total purchase price of all tickets combining the winner of the first half, and the quotient thus obtained shall be the price to be paid to holders of tickets combining the winner of the first half and the scratched or excused horse of horses in the second half. The entire consolation pool (number of eligible tickets times the consolation price) shall be deducted from the net daily double pool.
Subp. 6. Announcement of payoff prices.
The possible payoff prices shall be posted or announced to the public before the start of the second half of the daily double.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 9 SR 2527
Minn. R. 7873.0170 Quinella
Subpart 1. Scope.
The winning quinella combination shall be the first two horses of separate betting interests to finish the race. The order in which the horses finish is immaterial. All tickets on the quinella must be calculated in an entirely separate pool.
Subp. 2. No winning combinations sold.
The following calculations shall be used when no winning quinella combinations are sold:
A. If there are no tickets sold on the winning combinations in a quinella race, all quinella tickets bearing the number of the individual win horse and all quinella tickets bearing the number of the individual place horse shall be deemed winning tickets and the payoff shall be calculated as a place pool.
B. If there are no tickets sold on the winning combination in a quinella race and if there are no quinella tickets sold with the number of the individual win horse, all quinella tickets bearing the number of the individual place horse shall be deemed winning tickets and the payoff shall be calculated as a win pool.
C. If there are no tickets sold on the winning combination in a quinella race and if there are no quinella tickets sold bearing the number of the individual place horse, all quinella tickets bearing the number of the individual win horse shall be deemed winning tickets and the payoff shall be calculated as a win pool.
D. If there are no tickets sold on the winning combinations in a quinella race and if there are no quinella tickets sold bearing the number of the individual win horse and if there are no quinella tickets sold bearing the number of the individual place horse, the quinella shall be deemed "no race" and all money in the quinella pool shall be promptly refunded.
Subp. 3. If only one horse finishes, race declared "no race."
If only one horse finishes in a quinella race, the quinella shall be deemed "no race" and all money in the quinella pool shall be promptly refunded.
Subp. 4. Dead heats.
The following calculations shall be used in the event of dead heats.
A. If there is a two horse dead heat for win in a quinella race, the two horses involved in the dead heat shall be the winning quinella combination.
B. If a multiple dead heat for win results, all horses involved in the dead heat shall be the winning combinations. Example: if numbers 1, 3, 5, and 7 dead heat for win, the winning quinella combinations would be 1-3, 1-5, 1-7, 3-5, 3-7, and 5-7. The net pool, after deducting the amounts wagered on the winning combinations will be equally distributed in payoff calculations on the winning combinations.
C. If there is a two horse dead heat for place in a quinella race, the total pool is calculated as a place pool.
D. If a multiple dead heat for place results in a quinella race, all combinations coupling the winning horse with the individual place horses shall be winners of the quinella race and payoffs calculated accordingly.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 9 SR 2527
Minn. R. 7873.0180 Exacta
Subpart 1. Scope.
An exacta wager combines two horses of separate betting interests in a single race, selecting the horse that will finish first and the horse that will finish second in that race in the official order of finish. All exacta wagers must be calculated in a separate pool.
Subp. 2. No winning combination sold.
If no ticket is sold on the winning exacta combination, the net pool shall be distributed equally among holders of tickets selecting the winning horse to finish first and holders of tickets selecting the second place horse to finish second.
Subp. 3. Dead heats.
The following calculations shall be used in the event of dead heats.
A. In case of a dead heat between two horses for first place, the net pool shall be calculated and distributed as a place pool to holders of tickets of the winning combination. Example: if numbers 2 and 5 dead heat for win, the winning combination would be 2-5 and 5-2.
B. In case of a dead heat between two horses for second place, the pool shall be figured as a place pool, the holders of tickets combining the winning horse and the two horses finishing second participating in the payoff. Example: if number 2 wins with numbers 5 and 6 a dead heat for second, the winning combinations would be 2-5 and 2-6.
C. If there is a dead heat for second place, if no ticket is sold on one of the two winning combinations, the entire net pool shall be calculated as a win pool and distributed to those holding tickets on the other winning combination. Example: if number 2 won and numbers 5 and 6 were a dead heat for second, 2-5 and 2-6 would be the winning combination. However, if no ticket was sold with a 2-5 combination, the net pool would be distributed to holders of the 2-6 combination.
D. If no tickets combine the winning horse with either of the place horses in the dead heat, the pool shall be calculated and distributed as a place pool to holders of tickets representing any interest in the net pool. Example: if number 2 won and numbers 5 and 6 were a dead heat for second, 2-5 and 2-6 would be the winning combinations. However, if no ticket was sold with the 2-5 or 2-6 combination, the net pool would be distributed to holders of any ticket with 2 in the win position as part of the combination with any other number (2-1, 2-3, 2-4, 2-7, 2-8 of an eight horse field) and to holders of any ticket with 5 or 6 in the place position with any other number (1-5, 3-5, 4-5, 6-5, 7-5, 8-5, 1-6, 3-6, 4-6, 5-6, 7-6, 8-6 of an eight horse field).
Subp. 4. Refund of pool.
A refund of the exacta pool shall occur when:
A. No ticket is sold that would require distribution of an exacta pool to winners as defined in this part.
B. Only one horse finishes in an exacta race.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23
- History: 9 SR 2527; 42 SR 1258
Minn. R. 7873.0185 Trifecta
Subpart 1. Scope.
The trifecta is a form of pari-mutuel wagering combining three horses in a single race. Each bettor selects horses that will finish in exact order, first, second, and third in a designated trifecta race. Payment of the ticket shall be made only to the purchasers who have selected the exact order of finish as officially posted, except as otherwise noted. All trifecta wagers are calculated on a separate trifecta pool, with no relation to any other pool.
Subp. 2. Price of tickets.
Trifecta tickets shall be sold singly in not less than 50-cent denominations. A box resulting in a minimum wager of $1.50 or a wheel resulting in a minimum wager of 50 cents may be made and will return to the bettor one-half of the minimum payoff.
Subp. 3. Scratches.
If a horse is scratched or declared a nonstarter, no further trifecta tickets may be issued designating the horse and all previously issued trifecta tickets that include the scratched horse shall be refunded at any time and the money deducted from the gross pool.
Subp. 4. Failure to select winning combination.
Items A to F govern payoffs in races where the winning combination has not been selected.
A. If no ticket is sold correctly selecting in exact order the first three horses, the net pool shall be paid equally on those trifecta tickets correctly selecting the first two horses in exact order with all other horses.
B. If no ticket is sold correctly selecting the first and second horse, the net pool shall be paid equally on those trifecta tickets selecting the horses that finished first and third, with all other horses finishing second.
C. If no ticket is sold correctly selecting the first and third horse, the net pool shall be paid equally on those trifecta tickets correctly selecting the horses that finished second and third, with all other horses to win.
D. If no ticket is sold correctly selecting the first and third horse, the net pool shall be paid equally on those trifecta tickets selecting the horse that finished first, with all other horses finishing second and third.
E. If no ticket is sold that would require distribution of the net trifecta pool as described in items A to D, a full refund of the trifecta pool for that race shall be made.
F. If less than three horses finish a trifecta race, payoff shall be made on tickets selecting the actual finishing horses in order, ignoring the balance of the selection.
Subp. 5. Cancellation of trifecta race.
If a trifecta race is canceled, a full refund of all trifecta tickets will be made.
Subp. 6. Dead heat.
Items A to E govern payoffs in dead heats.
A. In the event of a dead heat for first, the winning combinations shall include the first two horses as finishing in either the first or second position and the horse finishing third. The payoffs will be calculated as a place pool.
B. In the event of a dead heat for second, the winning combinations shall be the horse finishing first and the two horses finishing in a dead heat for second, as finishing in either the second or third position. The payoffs will be calculated as a place pool.
C. In the event of a dead heat for third, the winning combinations shall be the horse finishing first, the horse finishing second, and the two horses finishing in a dead heat for third. The payoffs will be calculated as a place pool.
D. In the event of a dead heat for first, second, or third where there is no winning ticket on the one dead heat combination, the entire net pool will be paid to the other winning combination.
E. In all instances of multiple dead heats, the winning combinations shall be paid proportionately from the net trifecta pool.
Subp. 7. Restrictions on trifecta races.
Trifecta wagering must not be scheduled on a race with fewer than five betting interests in the original daily racing program.
Trifecta wagering must not be allowed on a race with fewer than five betting interests. If, for any reason, trifecta wagering is canceled, all trifecta wagers must be refunded. If time permits, the association may schedule exacta wagering in place of trifecta wagering.
Subp. 8.
[Repealed, 41 SR 1322]
History
- Statutory Authority: MS s 240.13; 240.15; 240.19; 240.23; 240.24
- History: 14 SR 2454; 15 SR 2307; 16 SR 2684; 20 SR 2592; 21 SR 1407; 25 SR 1609; 28 SR 1482; 33 SR 8; 36 SR 10
Minn. R. 7873.0186 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7873.0187 Grand Slam
Subpart 1. Scope.
The grand slam is a form of pari-mutuel wagering that requires the selection of the official first-, second-, or third-place finisher in each of the first three races in a series of four designated grand slam races in a single day. A completed winning grand slam wager requires the selection of the official first place finisher in the fourth and final event in the same series of races.
Subp. 2. Price of tickets.
Grand slam tickets must be sold singly in not less than 50-cent denominations.
Subp. 3. Ticket is evidence of binding contract.
A grand slam ticket shall be evidence of a binding contract between the holder of the ticket and the racing association and the ticket shall constitute an acceptance of the grand slam wager provisions and rules.
Subp. 4. Scratches.
If a designated grand slam selection is scratched or declared a nonstarter, the actual favorite as evidenced by the amounts wagered in the win pool at the time wagering closes will be substituted for the nonstarting selection.
Subp. 5. Calculation of pool.
The net grand slam pool shall be distributed from a single betting pool to participants who selected the first-, second-, or third-place finisher in the first three races of a series of four grand slam races completing a winning wager with the selection of the first place finisher in the fourth and final grand slam event in the same series, based upon the official order of finish. If there are no winning wagers taking into account all four segments of the grand slam wager, then the pool shall be distributed as a single betting pool to those who selected the first place finisher in the fourth and final grand slam event in this series of races along with the greatest number of first-, second-, or third-place finishes, each of which had an accompanying show pari-mutuel payout, in each of the first three races in the series of four grand slam designated races.
Subp. 6. Dead heats for first in any of grand slam races.
If two or more betting interests dead heat for first in any of the selected grand slam races, the grand slam pool shall be distributed from a single betting pool with a winning wager including each betting interest participating in the dead heat provided each entrant has a pari-mutuel show payout within its race.
Subp. 7. Dead heats for second or third in any of first three races in a series of four designated grand slam contests.
If two or more betting interests dead heat for second or third, then the grand slam pool shall be distributed from a single betting pool with a winning wager, including the betting interest that finished first or any betting interest involved in the dead heat for second or third, providing the horse has a show pari-mutuel payout.
Subp. 8. Cancellation of grand slam.
If at least two contests included as part of a grand slam wager are canceled, declared "no contest," or scratched down to fewer than five betting interests following the start of the day's racecard, then the grand slam pool shall be canceled and all grand slam wagers for the individual performance shall be refunded.
Subp. 9. Single race canceled or declared no contest.
If at least one race included as part of a grand slam wager is canceled, declared "no contest," or scratched down to fewer than five betting interests following the start of the day's racecard, then the net pool shall be distributed from a single betting pool to those bettors whose selections finished first, second, or third in the greatest number of grand slam contests in the first three races in a series of four designated grand slam contests. In determining a pari-mutuel distribution under this subpart, a finish of first in the final and fourth designated grand slam contest race for the performance in question shall have the same weight as a finish of first, second, or third in the greatest number of grand slam contests in the first three races in a series of four designated grand slam contests.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 41 SR 1322
Minn. R. 7873.0188 Superfecta
Subpart 1. Scope.
The superfecta is a form of pari-mutuel wagering combining four horses in a single race. Each bettor selects horses that will finish in exact order, first, second, third, and fourth, in a designated superfecta race. Payment of the ticket must be made only to the purchasers who have selected the exact order of finish as officially posted, except as otherwise noted. All superfecta wagers are calculated on a separate superfecta pool, with no relation to any other pool.
Subp. 2. Price of tickets.
Superfecta tickets must be sold singly in not less than ten cent denominations.
Subp. 2a. Ticket is evidence of binding contract.
A superfecta ticket shall be evidence of a binding contract between the holder of the ticket and the racing association and the ticket shall constitute an acceptance of the superfecta wager provisions and rules.
Subp. 3. Scratches.
If a horse is scratched or declared a nonstarter, no further superfecta tickets may be issued designating the horse and all previously issued superfecta tickets that include the scratched horse must be refunded at any time and the money deducted from the gross pool.
Subp. 4. Failure to select winning combination.
Items A to E govern payoffs in races where the winning combination has not been selected.
A. If no ticket is sold correctly selecting the first four finishers, the net pool must be paid equally on those superfecta tickets selecting the horses finishing first, second, and third.
B. If no ticket is sold correctly selecting the first three finishers, the net pool must be paid equally on those superfecta tickets selecting the horses finishing first and second.
C. If no ticket is sold correctly selecting the first two finishers, the net pool must be paid equally on those tickets selecting the horse finishing first.
D. If no ticket is sold that would require distribution of the net superfecta pool as described in items A to C, a full refund of the superfecta pool for that race must be made.
E. If less than four horses finish a superfecta race, payoff must be made on tickets selecting the actual finishing horses in order, ignoring the balance of the selection.
Subp. 5. Cancellation of superfecta race.
If a superfecta race is canceled, a full refund of all superfecta tickets must be made.
Subp. 6. Dead heats.
Items A to F govern payoffs in dead heats.
A. In the event of a dead heat for first, the winning combinations must be the horses finishing in the dead heat for first and the horses finishing third and fourth.
B. In the event of a dead heat for second, the winning combinations must be the horse finishing first, the horses finishing in the dead heat for second, and the horse finishing fourth.
C. In the event of a dead heat for third, the winning combinations must be the horse finishing first, the horse finishing second, and the horses finishing in the dead heat for third.
D. In the event of a dead heat for fourth, the winning combinations must be the horse finishing first, the horse finishing second, the horse finishing third, and the horses finishing in the dead heat for fourth.
E. In the event of a dead heat for first, second, third, or fourth where there is no winning ticket on the one dead heat combination, the entire pool must be paid to the other winning combination.
F. In all instances of multiple dead heats, the winning combinations must be paid proportionately from the net superfecta pool.
Subp. 7. Restrictions on superfecta races.
In no event shall superfecta wagering be allowed with fewer than five betting interests. If for any reason superfecta wagering is canceled, all superfecta wagers must be refunded.
Subp. 8.
[Repealed, 41 SR 1322]
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 24 SR 1568; 31 SR 1277; 34 SR 1135; 40 SR 29; 49 SR 497
Minn. R. 7873.0189 Pentafecta
Subpart 1. Scope.
The pentafecta is a form of pari-mutuel wagering combining five horses in a single race. Each bettor selects horses that will finish in exact order, first, second, third, fourth, and fifth, in a designated pentafecta race. Payment of the ticket must be made only to the purchasers who have selected the exact order of finish as officially posted, except as otherwise noted. All pentafecta wagers are calculated on a separate pentafecta pool, with no relation to any other pool.
Subp. 2. Price of tickets.
Pentafecta tickets must be sold singly in not less than ten cent denominations.
Subp. 3. Ticket is evidence of binding contract.
A pentafecta ticket shall be evidence of a binding contract between the holder of the ticket and the racing association and the ticket shall constitute an acceptance of the pentafecta wager provisions and rules.
Subp. 4. Scratches.
If a horse is scratched or declared a nonstarter, no further pentafecta tickets may be issued designating the horse and all previously issued pentafecta tickets that include the scratched horse must be refunded at any time and the money deducted from the gross pool.
Subp. 5. Pentafecta wager may be given a distinctive name.
A pentafecta wager may be given a distinctive name to be selected by the association conducting these races, subject to the approval of the commission.
Subp. 6. Failure to select winning combination.
Items A to F govern payoffs in races where the winning combination has not been selected.
A. If no ticket is sold correctly selecting the first five finishers, "X" percent of the net pool shall be distributed to those pentafecta tickets selecting the horses finishing first, second, third, and fourth. The remaining "Y" percent of the net pool shall be carried over to the succeeding pentafecta race.
B. If no ticket is sold correctly selecting the first four finishers, "X" percent of the net pool shall be distributed to those pentafecta tickets selecting the horses finishing first, second, and third. The remaining "Y" percent of the net pool shall be carried over to the succeeding pentafecta race.
C. If no ticket is sold correctly selecting the first three finishers, "X" percent of the net pool shall be distributed to those pentafecta tickets selecting the horses finishing first and second. The remaining "Y" percent of the net pool shall be carried over to the succeeding pentafecta race.
D. If no ticket is sold correctly selecting the first two finishers, "X" percent of the net pool shall be distributed to those pentafecta tickets selecting the horse finishing first. The remaining "Y" percent of the net pool shall be carried over to the succeeding pentafecta race.
E. If no ticket is sold that would require distribution of the net pentafecta pool as described in items A to D, 100 percent of the net pool shall be carried over to the succeeding pentafecta race if the association is using a carryover provision. If the association is not using a carryover provision, all pentafecta tickets shall be refunded.
F. If less than five horses finish a pentafecta race, payoffs shall be made on tickets selecting the actual finishing horses in order, ignoring the balance of the selection.
Subp. 7. Requirement to designate carryover percentages.
The association, in its pari-mutuel pools request, shall outline percentages to be used for "X" and "Y" in subpart 6. The association can choose to eliminate the carryover component of this wager by submitting "100 percent" for "X" and "0 percent" for "Y" in its pari-mutuel pools request.
Subp. 8. Mandatory payout.
On the final pentafecta wager of the meet, items A to F govern payoffs in races where the winning combination has not been selected.
A. If no ticket is sold correctly selecting the first five finishers, 100 percent of the net pool shall be distributed to those pentafecta tickets selecting the horses finishing first, second, third, and fourth.
B. If no ticket is sold correctly selecting the first four finishers, 100 percent of the net pool shall be distributed to those pentafecta tickets selecting the horses finishing first, second, and third.
C. If no ticket is sold correctly selecting the first three finishers, 100 percent of the net pool shall be distributed to those pentafecta tickets selecting the horses finishing first and second.
D. If no ticket is sold correctly selecting the first two finishers, 100 percent of the net pool shall be distributed to those pentafecta tickets selecting the horse finishing first.
E. If no ticket is sold that would require distribution of the net pentafecta pool as described in items A to D, a full refund of all pentafecta tickets must be made.
F. If less than five horses finish a pentafecta race, payoff must be made on tickets selecting the actual finishing horses in order, ignoring the balance of the selection.
Subp. 9. Cancellation of pentafecta race.
If a pentafecta race is canceled, a full refund of all pentafecta tickets must be made.
Subp. 10. Cancellation of the final pentafecta race of a meet.
If, for any reason, the day of racing is canceled or the pentafecta pool has not been distributed, the pool shall be escrowed by the association, and the pool, as well as all accrued interest, shall be carried over and included in the pentafecta pool for the next succeeding racing date as an additional net amount to be distributed.
Subp. 11. Dead heats.
Items A to G govern payoffs in dead heats.
A. In the even of a dead heat for first, the winning combinations must be the horses finishing in the dead heat for first and the horses finishing third, fourth, and fifth.
B. In the event of a dead heat for second, the winning combinations must be the horse finishing first, the horses finishing in the dead heat for second, and the horses finishing fourth and fifth.
C. In the event of a dead heat for third, the winning combinations must be the horse finishing first, the horse finishing second, the horses finishing in the dead heat for third, and the horse finishing fifth.
D. In the event of a dead heat for fourth, the winning combinations must be the horse finishing first, the horse finishing second, the horse finishing third, and the horses finishing in the dead heat for fourth.
E. In the event of a dead heat for fifth, the winning combinations must be the horse finishing first, the horse finishing second, the horse finishing third, the horse finishing fourth, and the horses finishing in the dead heat for fifth.
F. In the event of a dead heat for first, second, third, fourth, or fifth where there is no winning ticket on the one dead heat combination, the entire pool must be paid to the other winning combination.
G. In all instances of multiple dead heats, the winning combinations must be paid proportionately from the net pentafecta pool.
Subp. 12. Restrictions on pentafecta races.
In no event shall pentafecta wagering be allowed with fewer than six betting interests. If for any reason pentafecta wagering is canceled, all pentafecta wagers must be refunded.
Subp. 13.
[Repealed, 42 SR 1258]
History
- Statutory Authority: MS s 240.03; 240.13; 240.23
- History: 40 SR 29; 42 SR 1258
Minn. R. 7873.0190 [Repealed, 40 SR 29]
[Repealed, 40 SR 29]
Minn. R. 7873.0191 [Repealed, 40 SR 29]
[Repealed, 40 SR 29]
Minn. R. 7873.0192 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7873.0193 Place Pick (n)
Subpart 1. Scope.
A. The place pick (n) pari-mutuel pool is not a parlay and has no connection with or relation to any other pari-mutuel pool conducted by the association.
B. Place pick (n) wagers require selection of the first place or second place finisher in each of a designated number (n) of contests ranging from as few as three contests to as many as 16 contests.
C. All contests subject to a specific place pick (n) wager must be held on a single racing day.
Subp. 2. Ticket is evidence of binding contract.
A place pick (n) ticket shall be evidence of a binding contract between the holder of the ticket and the racing association and the ticket shall constitute an acceptance of the place pick (n) provisions and rules.
Subp. 3. Place pick (n) may be given a distinctive name.
A place pick (n) may be given a distinctive name to be selected by the association conducting these races, subject to the approval of the commission.
Subp. 3a. Specific requirements for commission approval.
To be considered for approval, the association must specifically outline each type of place pick (n) wager to be offered within its pari-mutuel pools request. The pari-mutuel pools request must contain each of the following for every place pick (n) wager that the association desires to offer:
A. the number of contests the place pick (n) wager will comprise;
B. any specific name the association wishes to give the wager as allowed in subpart 3; and
C. a designation of one of the methods of distribution provided in subpart 6. This includes a description of the relevant percentages chosen by the association specific to the chosen method of calculation.
Subp. 4. Place pick (n) pool.
The place pick (n) pari-mutuel pool consists of amounts contributed for a selection finishing first or second in each of the races designated by the association with the approval of the commission. Each person purchasing a place pick (n) ticket shall designate a horse that officially finishes first or second in each of the races comprising the wager.
Subp. 5. Coupled entries and fields.
Horses constituting an entry of coupled horses or horses coupled to constitute the mutuel field in a race comprising the place pick (n), shall race as a single wagering interest for the purpose of the place pick (n) pari-mutuel pool calculations and payouts to the public. However, if any part of either an entry or the field racing as a single wagering interest is a starter in a race, the entry or the field selection shall remain as the designated selection to win in that race for the place pick (n) calculation, and the selection shall not be deemed a scratch.
Subp. 6. Calculation of pool.
A. The place pick (n) pari-mutuel pool must be calculated according to one of the two methods provided in item B or C, as approved by the commission.
B. One hundred percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate the most winning selections officially finishing first or second in each of the races comprising the place pick (n) wager.
C. (1) One hundred percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate a horse that officially finishes first or second in each of the races comprising the wager.
D. The method of distribution shall be selected by the racing association and implemented after approval by the commission provided that the method of distribution benefits the wagering public and does not adversely affect the integrity of racing.
E. Should no distribution be made pursuant to item B or C on the last day of the association's meeting, then the entire distributable pool and all money accumulated in the pool shall be distributed to the holders of tickets correctly designating the most winning selections of the races comprising the place pick (n) for that day. If, for any reason, the final day of racing is canceled or the place pick (n) pool has not been distributed, the pool shall be escrowed by the association, and the pool, as well as all accrued interest, shall be carried over and included in the place pick (n) pari-mutuel pool for the next succeeding racing date as an additional net amount to be distributed.
F. With the permission of the director, a licensee may declare a mandatory payout:
G. Should no distribution be made pursuant to item B or C, then the entire distributable pool and all money accumulated in the pool must be distributed to the holders of the tickets correctly designating the most winning selections of the races comprising the place pick (n) for that day.
H. If, for any reason, the day of racing is canceled, or the place pick (n) pool has not been distributed, the pool must be carried over and included in the place pick (n) pari-mutuel pool for the next succeeding racing day as an additional net amount to be distributed.
Subp. 7. Actual favorite substituted for scratched horse.
In the event a place pick (n) pari-mutuel ticket designates a selection in any one or more of the races comprising the place pick (n) and that selection is scratched, excused, or determined by the stewards to be a nonstarter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start of the race, will be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 28 SR 1482; 50 SR 1117
Minn. R. 7873.0194 Head-to-Head Wager
Subpart 1. Scope.
The head-to-head wager requires the selection of the winning contestant in a designated contest, in a competition between two equally matched betting interests regardless of the official placing of the other betting interests in that contest.
Subp. 2. Ticket is evidence of binding contract.
A head-to-head wager ticket shall be evidence of a binding contract between the holder of the ticket and the racing association and the ticket shall constitute an acceptance of the head-to-head wager provisions and rules.
Subp. 3. Head-to-head wager may be given a distinctive name.
A head-to-head wager may be given a distinctive name to be selected by the association conducting these races, subject to the approval of the commission.
Subp. 4. Head-to-head wager pool.
The head-to-head wager pari-mutuel pool consists of amounts contributed for a selection finishing ahead of the other designated contestant in a race designated by the association with the approval of the commission. Each person purchasing a head-to-head wager ticket shall designate a horse that officially finishes ahead of the other designated contestant.
Subp. 5. Selection of head-to-head wager contestants.
The selection of which contestants from a contest shall participate in the head-to-head wager shall be made as provided in this subpart:
A. the association must submit to the executive director a request stating the association's intentions for determining the contestants for each head-to-head wager contest;
B. the matching of contestants for the head-to-head wager shall be limited to horse versus horse; and
C. the contestants chosen for the head-to-head wager shall be conspicuously identified in the official program.
Subp. 6. Calculation of pool.
The head-to-head wager pari-mutuel pool shall be distributed to winning ticket holders as a single-price pool to those whose selection finished ahead of the other contestant in a single head-to-head wager contest. If there are no such wagers, then the head-to-head wager pool shall be refunded.
Subp. 7. Dead heats.
In the event of a dead heat between two contestants in a single contest head-to-head wager pool, the entire head-to-head wager pool shall be refunded.
Subp. 8. Cancellation of races comprising head-to-head wager.
In the event of the cancellation of a race involving head-to-head wagering, the entire pool shall be refunded.
Subp. 9. Scratched contestant in a head-to-head wager pool.
In the event that a contestant in a head-to-head wager pool is scratched or declared a nonstarter, that contest shall be canceled.
Subp. 10. Failure of contestant to finish a head-to-head wager race.
In the event that both contestants in a head-to-head wager pool fail to finish in a head-to-head wager contest, that contest shall be canceled.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 28 SR 1482
Minn. R. 7873.0195 [Repealed, 40 SR 29]
[Repealed, 40 SR 29]
Minn. R. 7873.0196 Pick (n) Wagers
Subpart 1. Scope.
Pick (n) wagers requires selection of the first place finisher in each of a designated number of contests ranging from as few as three contests to as many as 16 contests. All contests subject to a specific Pick (n) wager must be held on a single racing day.
Subp. 2. Price of tickets.
Pick (n) wager tickets must be sold singly in not less than ten cent denominations.
Subp. 3. Ticket is evidence of binding contract.
A Pick (n) wager ticket shall be evidence of a binding contract between the holder of the ticket and the racing association and the ticket shall constitute an acceptance of the Pick (n) wager provisions and rules.
Subp. 4. Pick (n) wagers may be given a specific name.
Any Pick (n) wager may be given a distinctive name to be selected by the association conducting these races, subject to the approval of the commission.
Subp. 5. Specific requirements for commission approval.
In order to be considered for approval, the association must specifically outline each type of Pick (n) wager to be offered within its pari-mutuel pools request. The pari-mutuel pools request must contain each of the following for every Pick (n) wager that association desires to offer:
A. the number of contests the Pick (n) wager will comprise;
B. any specific name the association wishes to give the wager as allowed in subpart 3; and
C. a designation of one of the methods of payment outlined within subpart 5, including a description of relevant percentages chosen by the association that are specific to the chosen method of calculation.
Subp. 6. Pick (n) pool payout methods.
Pick (n) pools shall be paid under one of the following methods.
A. Method 1, Pick (n) with carryover: The net Pick (n) pool and carryover, if any, shall be distributed as a single-price pool to those who selected the first place finisher in each of the Pick (n) contests, based upon the official order of finish. If there are no such wagers, a designated percentage of the net pool shall be distributed as a single-price pool to those who selected the first place finisher in the greatest number of Pick (n) contests and the remainder shall be added to the carryover.
B. Method 2, Pick (n) with 100 percent carryover: The net Pick (n) pool and carryover, if any, shall be distributed as a single-price pool to those who selected the first place finisher in each of the Pick (n) contests, based upon the official order of finish. If there are no such wagers, 100 percent of that day's pool shall be added to the carryover.
C. Method 3, Pick (n) with minor pool and carryover: The major share of the net Pick (n) pool and the carryover, if any, shall be distributed to those who selected the first place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first place finisher of all Pick (n) contests, the minor share of the net Pick (n) pool shall be distributed as a single-price pool to those who selected the first place finisher in the greatest number of Pick (n) contests and the major share shall be added to the carryover.
D. Method 4, Pick (n) with no minor pool and no carryover: The net Pick (n) pool shall be distributed as a single-price pool to those who selected the first place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. If there are no winning wagers, the pool is refunded.
E. Method 5, Pick (n) with minor pool and no carryover: The major share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first place finisher in the second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool shall be combined with the major share for distribution as a single-price pool to those who selected the first place finisher in the greatest number of Pick (n) contests. If the greatest number of first place finishers selected is one, the major and minor shares are combined for distribution as a single-price pool. If there are no winning wagers, the pool is refunded.
F. Method 6, Pick (n) with minor pool and no carryover: The major share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool shall be distributed to those who selected the first place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first place finisher in all Pick (n) contests, the entire net Pick (n) pool shall be distributed as a single-price pool to those who selected the first place finisher in the greatest number of Pick (n) contests. If there are no wagers selecting the first place finisher in the second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool shall be combined with the major share for distribution as a single-price pool to those who selected the first place finisher in each of the Pick (n) contests. If there are no winning wagers, the pool is refunded.
G. Method 7, Pick (n) with carryover and "unique winning ticket" provision: The net Pick (n) pool and carryover, if any, shall be distributed to the holder of a unique winning ticket that selected the first place finisher in each of the Pick (n) contests, based upon the official order of finish. If there is no unique ticket selecting the first place finisher in each of the Pick (n) contests, or if there are no wagers selecting the first place finisher of all Pick (n) contests, the major share of the net Pick (n) pool shall be distributed as a single price pool to those who selected the first place finisher in the greatest number of Pick (n) contests, and the remainder shall be added to the carryover. Associations may suspend previously approved unique winning ticket wagering with the prior approval of the commission. Any carryover shall be held until the suspended unique winning ticket wagering is reinstated. Where there is no correct selection of the first place finisher in at least one of the Pick (n) contests, based upon the official order of finish, the day's net pool shall be refunded and the previous carryover pool amount, if any, shall be carried over to the next scheduled corresponding pool. In obtaining authorization for operating the Pick (n) pool under this subpart, associations must clearly identify which definition under subpart 7a, item B, will be relied upon for determining the existence of a unique winning ticket.
Subp. 7. Mandatory payouts.
On each respective final Pick (n) of the meet, all pools and carryovers shall be paid out in full as prescribed in subpart 6, item E. For purposes of mandatory payouts, jackpot pools and jackpot carryovers shall be considered part of the major pool.
Subp. 7a. Unique winning tickets.
As it relates to any distribution under Method 7 which contains a unique winning ticket provision:
A. a written request for permission to distribute the Pick (n) unique winning ticket carryover on a specific race day must be submitted to the commission's director, deputy director, or director of pari-mutuels at least three days prior to the race day. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended race day for the distribution. Should the Pick (n) unique winning ticket net pool and any applicable carryover be designated for distribution on a specified race day in which there is no unique winning ticket, the entire pool shall be distributed as a single price pool to those who selected the first place finisher in the greatest number of Pick (n) contests; and
B. associations must clearly identify for the public which selection under subitems (1) and (2) will be relied upon for determining the existence of a unique winning ticket:
Subp. 8. Cancellation of the final Pick (n) of the meet.
If, for any reason, the final day of racing is canceled or any Pick (n) pool or carryover has not been distributed at the close of the meet, the pool or carryover shall be escrowed by the association, and the pool, as well as all accrued interest, shall be carried over and included in the appropriate Pick (n) pool for the next succeeding racing date as an additional net amount to be distributed.
Subp. 9. Cancellation of races comprising Pick (n).
The Pick (n) pool shall be canceled and all Pick (n) wagers for the individual performance shall be refunded if:
A. at least two contests included as part of Pick 3 are canceled and declared "no contest";
B. at least three contests included as part of a Pick 4, Pick 5, or Pick 6 are canceled or declared "no contest";
C. at least four contests included as part of a Pick 7, Pick 8, or Pick 9 are canceled or declared "no contest"; or
D. at least five contests included as part of a Pick 10, Pick 11, Pick 12, Pick 13, Pick 14, Pick 15, or Pick 16 are canceled or declared "no contest." If at least one contest included as part of a Pick (n) is canceled or declared "no contest," but not more than the number specified within this subpart, the net pool shall be distributed as a single-price pool to those whose selections finished first in the greatest number of Pick (n) contests for that performance. The distribution shall include the portion ordinarily retained for the Pick (n) carryover but not the carryover from previous performances.
Subp. 10. Actual favorite substituted for scratched horse.
In the event a Pick (n) ticket designates a selection in any one or more of the races comprising the Pick (n) and that selection is scratched, excused, or determined by the stewards to be a nonstarter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start of the race, will be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs.
The association may refund Pick (n) tickets that include the scratched selection prior to the beginning of wagering for the first race comprising the Pick 3 races.
Subp. 11. Dead heats.
In the event of a dead heat for win between two or more horses in any Pick (n) race, all the horses in the dead heat for win shall be considered winning horses in the race for the purpose of calculating the pool.
Subp. 12. Change of surface after Pick (n) sequence begins.
If the condition of the course warrants a change of racing surface in any of the legs of the Pick (n) races, and the change was not known to the public before the close of wagering for the Pick (n) pool, the stewards shall declare the changed legs an "All-Win" for Pick (n) wagering purposes only.
Subp. 13. Association may contribute or guarantee pools.
With the approval of the commission, the association may guarantee a pool in any Pick (n) race. If the total pool doesn't meet the guaranteed sum, the association must add the difference to the guaranteed pool.
Subp. 14. No Pick (n) ticket to be exchanged or canceled.
No pari-mutuel ticket for a Pick (n) pool shall be sold, exchanged, or canceled after the time of the closing of wagering in the first of the races comprising that Pick (n), except for refunds on Pick (n) tickets as required by subpart 6.
Subp. 15. Announcement of payoff prices.
After the second to last race comprising the Pick (n) has been declared official, an association may post possible payoff prices to the public before the start of the final race of the Pick (n).
Subp. 16. Suspension of Pick (n) pool or separate Pick (n) pool.
The association may suspend previously approved Pick (n) wagering with the prior approval of the commission. Any carryover shall be held until the suspended Pick (n) wagering is reinstated. An association may request approval of a Pick (n) wager or separate wagering pool for specific performances.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23
- History: 40 SR 29; 42 SR 1258
Minn. R. 7873.0198 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7873.0199 [Repealed, 40 SR 29]
[Repealed, 40 SR 29]
Minn. R. 7873.0200 "official" Sign
Any ruling of the stewards with regard to the award of purse money made after the "official" sign has been posted shall have no bearing on the mutuel payoff.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 9 SR 2527
Minn. R. 7873.0210 Lost Tickets
The association shall consider claims for lost pari-mutuel tickets but is not liable for lost pari-mutuel tickets.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 9 SR 2527; 26 SR 1438
Minn. R. 7873.0220 Altered or Mutilated Tickets
A mutilated or altered pari-mutuel ticket that is not easily identifiable as being a valid ticket shall not be accepted for payment.
History
- Statutory Authority: MS s 240.13; 240.23
- History: 9 SR 2527
Minn. R. 7873.0230 Information Window
Each association shall provide at least one information or complaint window where complaints may be made by members of the public. A current set of all commission rules regarding the conduct of pari-mutuel wagering shall be available for public inspection during racing hours at every such window.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 9 SR 2527; 20 SR 2592; 41 SR 1322
Minn. R. 7873.0240 [Repealed, 46 SR 1210]
[Repealed, 46 SR 1210]
Minn. R. 7873.0300 Simulcast Wagering
Subpart 1. Request.
Upon written request of a Class B or Class D licensee, the commission shall approve wagering on races televised to Minnesota from another licensed racing jurisdiction. A signed reciprocal agreement among the racetrack originating (hosting) the broadcast, the association representing the horsepersons at the host track, the Minnesota racetrack receiving the broadcast, and the association representing the horsepersons at the Minnesota racetrack receiving the broadcast must be filed with the commission.
Subp. 2. Approval.
All simulcast races must be conducted at the licensed racetrack and approved by the commission.
Subp. 3.
[Repealed, 42 SR 1258]
Subp. 4.
[Repealed, 14 SR 332]
Subp. 5. Compliance with laws.
In addition to all state laws and applicable rules of the commission, simulcast wagering must be in compliance with United States Code, title 15, section 3001, et seq.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 9 SR 2527; 14 SR 332; 14 SR 2008; 42 SR 1258
Minn. R. 7873.0400 [Repealed, 18 SR 886]
[Repealed, 18 SR 886]
Minn. R. 7873.0550 Distribution of Purse Money
Subpart 1. Purse amounts.
Purse amounts must be set pursuant to Minnesota Statutes, section 240.13, subdivision 5. In making the distribution of purse money, an association must, to the extent possible, maintain purse amounts in proper relationship to actual pari-mutuel handles.
Subp. 2. Adjustments to purses.
Should the levels of pari-mutuel handle create overpayment or underpayment of purses paid during the course of the race meeting, the association must make adjustments in each publication of it's condition book to attempt to keep purses consistent with mutuel handles.
Subp. 3. Overpayments carried over.
If, at the end of each race meeting, an overpayment of purses has occurred, the overpayment shall be adjusted by contract between the licensee and the horsepersons' organization representing the majority of horsepersons racing the breed involved at the licensee's facility. The association must make its best effort to recover the overpayment on an even basis over the course of the race meeting to prevent serious inconsistencies in purse levels during the race meeting.
Subp. 4. Underpayments carried over.
If, at the end of a race meeting, an underpayment of purses has occurred, the underpayment shall be carried over to the next race meeting of the same breed. Such underpayment must be paid to horse owners by adding the underpayment to purses. The association must make its best effort to repay the underpayment on an even basis over the course of the race meeting to prevent serious inconsistencies in purse levels during the race meeting.
Subp. 5. Willful underpayment.
Should the commission determine that an association willfully failed to adjust purse levels in violation of subpart 1, for the purposes of retaining purse underpayments from one race meeting to the next, the association will be subject to disciplinary action by the commission.
Subp. 6. Segregated accounts.
All money received by an association for races that charge nominating, sustaining, entry, or starting fees must be placed in segregated interest bearing accounts, with all accrued interest added to such races if:
A. the total fees received for such a race exceed $100,000; or
B. fees are due and payable for such a race more than 180 days in advance of the advertised date of the running of the race.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.18; 240.23; 240.24; 240.25
- History: 10 SR 1908; 14 SR 332; 19 SR 2307; 42 SR 1258
Chapter 7874 HORSE RACING; REPORTING PAYMENTS
Minn. R. 7874.0100 General Provisions
Subpart 1. Scope.
Subpart 2 applies for the purpose of administering the direct deposit of taxes, breakage, and breeders' funds, pursuant to Minnesota Statutes, section 240.15.
Subp. 2. Payment of pari-mutuel taxes, breakage, and breeders' funds.
Taxes, breakage, and breeders' funds collected by an association must be remitted to the commission no more than seven days after the end of the month in which they were collected. The remittance must be accomplished by a direct deposit in a financial institution designated by the commissioner of management and budget and approved by the commission or by delivery to the commission office. No more than seven days after the close of each month, the association must report to the commission all deposits of taxes, breakage, and breeders' funds for that month.
Subp. 3.
[Repealed, 24 SR 1568]
Subp. 4. Recapitulation.
On each day that deposits are made by the association, a report must be filed with the commission containing the following recapitulation:
A. total takeout;
B. pari-mutuel tax;
C. total breakage;
D. state's share of breakage; and
E. breeders' fund tax. Separate recapitulations must be filed for each full card simulcast.
Subp. 5. Wagering recapitulation.
The class B licensee and pari-mutuel central processing provider shall provide electronically within 24 hours, a summary of pari-mutuel operations in a format prescribed by the commission.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.18; 240.19; 240.23; 240.24; 240.25
- History: 10 SR 1908; 16 SR 1800; 18 SR 886; 20 SR 2592; 23 SR 1540; 24 SR 1568; L 2009 c 101 art 2 s 109; 41 SR 1322
Chapter 7875 HORSE RACING; FACILITIES AND EQUIPMENT
Minn. R. 7875.0100 Facilities
Subpart 1. Facilities.
Each association must include a receiving barn, detention facility, equine isolation facility, paddock, room for jockeys and drivers, lighting, stabling, restrooms, medical facilities, racing officials' space, viewing room, commission office and parking space, space for the Alcohol and Gambling Enforcement Division, and information window. The facilities must meet the needs of patrons, officials, horsepersons, other persons on the premises, and horses. The facilities must be in compliance with the requirements of the ADA.
Subp. 2. Maintenance.
Each association must maintain its facility so that it is neat and clean, painted, and in good repair with consideration for the safety, health, and welfare of persons and horses on the premises.
Subp. 3. Reports.
No later than 30 days before the first day of any race meeting, the association shall submit to the commission the most recent inspection reports issued by governmental authorities regarding the condition of facilities, sanitation, and fire prevention, detection, and suppression.
Subp. 4. Racing surfaces.
Within seven days after a race meeting commences, the association must submit to the commission evidence that the construction, elevation, and composition of racing and training surfaces have received engineering and veterinarian approval as safe and humane. A class D licensee must make the submission seven days before the race meeting. For a racetrack under the jurisdiction of HISA, the racing surfaces report must be submitted to the commission as soon as it is received by the association.
Subp. 5. Distance poles.
Distance poles on a race course shall be the following colors:
A. quarterpoles, red and white;
B. eighth poles, green and white; and
C. 16th poles, black and white.
Subp. 6. Jockey's and driver's rooms.
The association will establish and post the hours that the jockey's or driver's room will be open. The association shall keep unauthorized persons out of the jockey's and driver's rooms and shall report any unusual activity to the stewards.
Subp. 7. Posting of jockey insurance coverage.
A. An association shall have on file with the commission a copy of the actual policy and post in the jockeys' quarters a summary of the association's insurance coverage for jockeys who are injured while on the grounds of the association and shall, upon the request of any licensed jockey who is participating in the race meeting, provide a copy of the policy of such insurance. Requests shall be made in writing to a racing official designated by the association in the notice to respond to such requests.
B. In the event that the insurance policy is changed during the race meeting, the association shall promptly notify the commission and post a notice of any changes.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 18 SR 886; 19 SR 2307; 24 SR 1568; 28 SR 1482; 33 SR 8; 40 SR 29; 42 SR 1258; 49 SR 1123; 50 SR 1117
Minn. R. 7875.0200 Equipment
Subpart 1. Equipment.
Each association must include equipment, devices, or apparatus necessary to start, time, film or tape, and photograph the finish of every race. Equipment necessary to view photographs, films, and tapes of each race must be provided. Each association must include pari-mutuel equipment, devices, or apparatus necessary to sell and cash tickets, compile pari-mutuel data, and display odds. An association also must include adequate internal communications equipment. The facilities must be in compliance with the requirements of the ADA insofar as offering special accommodations or alternative equipment to disabled individuals.
Subp. 2. Pari-mutuel central processing unit.
The pari-mutuel central processing unit must be designed to calculate, at intervals of not more than 60 seconds between each complete change, the total amounts wagered on each betting interest as wagering progresses. Approximate odds on each betting interest in the win pool shall be updated on the totalizator board at intervals of not more than 60 seconds. Approximate odds or approximate payoffs on all multiple pari-mutuel pools shall be displayed on television monitors at regular intervals. The pari-mutuel central processing unit shall provide a record of total amount wagered and amount wagered on each betting interest.
Subp. 3. Internal communications.
An internal communications system shall link the stewards' stand, pari-mutuel department, patrol judges, and other locations which the commission determines necessary to internal communications.
Subp. 4. Starting gates.
At least two starting gates must be in service on each race day and shall be tested daily prior to the first race. Class D licensees are required to have one starting gate. Two pieces of equipment or vehicles capable of pulling the starting gates shall be positioned to pull any gate from a racecourse. Thoroughbred and Quarter Horse starting gates must be padded to prevent injury to jockeys, assistant starters, and horses. The arms of a standardbred starting gate shall have a screen or shield in front of each horse, and the arms shall be perpendicular to the rail when extended.
Subp. 5. Photo finish.
Except for class D licensees, a photo finish system must simultaneously use a backup camera in case of malfunction of the primary system.
Subp. 6. Timing.
An association must use an electric timing system. An official shall be designated to use a handheld stopwatch to record the time should the electric timing system fail.
Subp. 7. Film patrol.
Color film or color videotape recordings shall show clearly the position and actions of horses, jockeys, and drivers at close range. At least three cameras shall be used for every race to provide panoramic and head-on views of the race except that class D licensees may use one camera for standardbred races and two cameras for Quarter Horse races.
Subp. 8. Preservation.
All photo finish film or videotape records shall be preserved for at least 30 days after the close of a meeting or until legal proceedings involving a recorded race are concluded, whichever is later.
Subp. 9. External communications.
A. An association may have telephone systems on the premises during a race meeting for the benefit of the public, the press, or for transacting ordinary business.
B. A telephone on a private line shall be provided in the offices of the commission. All costs of the telephone service shall be borne by the association, and the service shall not be interrupted at any time. At the request of the commission, TDD devices shall be installed on all commission telephones at the track, and costs associated with the devices shall be borne by the association.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 12 SR 2393; 15 SR 2307; 18 SR 886; 19 SR 230; 23 SR 1540; 33 SR 8; 41 SR 1322; 42 SR 1258; 50 SR 1117
Chapter 7876 HORSE RACING; STABLING
Minn. R. 7876.0100 On-Track Stabling
Subpart 1.
[Repealed, 42 SR 1258]
Subp. 2. Allocation of stalls.
The association shall allocate stalls pursuant to a written stall application and agreement, on forms approved by the commission.
Subp. 3. Notice.
The association shall give each applicant written notice with regard to each stall requested. The notice shall specify whether each application was accepted, denied, or placed on a pending status. The notice shall be given no later than five days before the first day of the race meeting, or ten days after receipt of the stall application, whichever shall be last to occur. The association shall give the applicant written notice of final action on an application.
Subp. 4. Discretion.
The association shall be allowed broad discretion in allocating stalls, but its actions shall be governed by the best interests of racing and of the race meeting.
Subp. 4a. Horses without required documentation.
If a horse arrives at a licensed racetrack without all documentation required under this part, the horse shall be denied entry to the grounds of the licensed racetrack or kept in an isolation area until the required documentation is submitted to the commission veterinarian.
Subp. 5. Restrictions.
No action on a stall application shall be based upon:
A. the race, color, creed, religion, national origin, disability, marital status, sexual orientation, or sex of the applicant;
B. an arbitrary or capricious decision, or a decision not related to the best interests of racing or of the race meeting; and
C. the payment, transfer, or delivery to the association or to any person designated by it, of money, property, or other thing of value, or upon the applicant's promise to make such payment, transfer, or delivery.
Subp. 6. Misuse of property.
Previous misuse of racetrack property by an applicant may be considered when stall assignments are made.
Subp. 7. Minnesota residents have preference.
In considering stall applications that are of substantially equal merit, the association shall give preference to applications submitted with respect to horses owned by Minnesota residents.
Subp. 8. Documents to be kept.
The association shall cause all stall applications, stall agreements, correspondence, and documents that influenced its decision to grant or deny stalls to be retained until the close of the race meeting or for such longer period as the commission may direct.
Subp. 9. Secure area.
The on-track stabling site is considered a secure area and the association shall ensure that only the following persons are permitted within the confines of this area:
A. licensed trainers, assistant trainers, veterinarians, grooms, exercise riders, owners, jockeys, jockey agents, racing officials, commission members or staff, and other licensees with a specific need to be present;
B. persons who have been issued a temporary pass pursuant to part 7877.0165; and
C. persons who have been issued a visitor's pass pursuant to part 7878.0180.
Subp. 10. Original certificate of veterinary inspection.
Each horse arriving on the grounds of a licensed racetrack must be accompanied by an original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival. The certificate of veterinary inspection must be completed by an accredited veterinarian and must contain complete equine infectious anemia (EIA) test results, including the date, laboratory, and accession number of the most recent negative EIA test results. The certificate must also contain rectal temperature and product name and date of most recent vaccination with a Food and Drug Administration-approved modified live or killed vaccine specific for EHV-1 and influenza. The certificate of veterinary inspection must be submitted electronically to the commission veterinarian at least 24 hours prior to the horse's arrival at the racetrack. For HISA-covered horses, the certificate of inspection is valid for five days. For all other horses, the certificate of veterinary inspection remains valid for 30 days from the date of issue, with the date of issue counted as day one. Horses leaving the facility and returning during this 30-day period do not have to be accompanied by a new certificate of veterinary inspection. Horses leaving and returning after the 30-day period must be accompanied by a new original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival.
Subp. 10a. Renewal of 30-day certificate of veterinary inspection.
The certificate of veterinary inspection for horses leaving and returning on an ongoing basis throughout the meet must be renewed within the first five days of each month.
Subp. 11. Record of negative test for equine piroplasmosis.
When a suspected case of equine piroplasmosis (EP) is reported by a government agency within North America, the commission, the executive director, or the deputy director, in consultation with the chief commission veterinarian, has the authority to require proof of an equine piroplasmosis (EP) test taken within 12 months of the date of entry upon the racetrack when a horse enters or is already on the grounds of the racetrack. No horse shall be allowed to enter the grounds of a licensed racetrack unless the horse has had the required test. The test must indicate a negative C-ELISA result for Theileria equi. Record of the negative test shall be attached to the certificate of veterinarian inspection (CVI) and presented at the stable gate when the horse first enters the grounds of a licensed racetrack.
Subp. 12. Bisphosphonates.
When a horse enters the grounds of a licensed racetrack, the horse's trainer of record must immediately notify the commission veterinarian on a form prescribed by the commission of any known administration of a bisphosphonate drug to that horse within the last six months. The horse will be placed on the veterinarian's list for a minimum of six months following the most recent administration of any bisphosphonate drug.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 34 SR 1135; 35 SR 627; 36 SR 1407; 39 SR 1739; 42 SR 1258; 44 SR 1047; 46 SR 6; 47 SR 990
Minn. R. 7876.0110 Off-Track Stabling
Subpart 1. Stabling.
A horse racing at a licensed race meeting may be stabled within the confines of the racetrack, at another racetrack licensed by the commission or other racing jurisdiction, or at off-track facilities. The association conducting the meeting shall provide temporary stabling for horses eligible to race that are brought to a race from another racetrack or off-track facilities.
Subp. 2. Requirements of commission must be met at racetrack.
All workout, tattooing, freeze branding, microchips, approval from the starting gate, and eligibility requirements of the commission or stewards must be secured at a licensed racetrack at which racing is being conducted. However, workouts may be obtained at sites approved by the commission and which are staffed by a clocker or clockers licensed by the commission.
Subp. 3. Horses must be at racetrack for race day inspection.
All horses shipped from another racetrack or off-track stabling facility to a racetrack for a race must be at the racetrack no later than 8:00 a.m. or later if approved by the stewards on the day on which the horse is scheduled to race. When any horse enters the grounds of a licensed racetrack, the horse's trainer of record must ensure that the commission veterinarian is immediately informed on a form prescribed by the commission of any known administration of a bisphosphonate drug to that horse within the last six months. The horse will be placed on the veterinarian's list for a minimum of six months following the most recent reported administration of any bisphosphonate drug.
Subp. 4. Original certificate of veterinary inspection.
Any horse arriving on the grounds of a licensed racetrack must be accompanied by an original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival. The certificate of veterinary inspection must be completed by an accredited veterinarian and must contain complete equine infectious anemia (EIA) test results, including the date, laboratory, and accession number of the most recent negative EIA test. The certificate must also contain rectal temperature and product name and date of most recent vaccination with a Food and Drug Administration-approved modified live or killed vaccine specific for EHV-1 and influenza. The certificate of veterinary inspection must be submitted electronically to the commission veterinarian at least 24 hours prior to the horse's arrival at the racetrack. For HISA-covered horses, the certificate of inspection is valid for five days. For all other horses, the certificate of veterinary inspection remains valid for 30 days from the date of issue, with the date of issue counted as day one. Horses leaving the facility and returning during this 30-day period do not have to be accompanied by a new certificate of veterinary inspection. Horses leaving and returning after the 30-day period must be accompanied by a new original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival.
Subp. 4a. Renewal of 30-day certificate of veterinary inspection.
The certificate of veterinary inspection for horses leaving and returning on an ongoing basis throughout the meet must be renewed within the first five days of each month.
Subp. 5. Record of negative test for equine piroplasmosis.
When a suspected case of equine piroplasmosis (EP) is reported by a government agency within North America, the commission, the executive director, or the deputy director, in consultation with the chief commission veterinarian, has the authority to require proof of an equine piroplasmosis (EP) test taken within 12 months of the date of entry upon the racetrack when a horse enters or is already on the grounds of the licensed racetrack. No horse shall be allowed to enter the grounds of a licensed racetrack unless the horse has had the required test. The test must indicate a negative C-ELISA result for Theileria equi. Record of the negative test shall be attached to the certificate of veterinarian inspection (CVI) and presented at the stable gate when the horse first enters the grounds.
Subp. 6. Horses without required documentation.
If a horse arrives at a licensed racetrack without all documentation required under this part, the horse shall be denied entry to the grounds of the licensed racetrack or kept in an isolation area until the required documentation is submitted to the commission veterinarian.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 14 SR 2008; 15 SR 2307; 33 SR 8; 34 SR 1135; 35 SR 627; 36 SR 1407; 39 SR 1739; 42 SR 1258; 44 SR 1047; 46 SR 6; 47 SR 990
Minn. R. 7876.0120 On- and Off-Track Stabling of Nonracing Horses
Subpart 1. Certificate of veterinary inspection.
Any horse arriving on the grounds of a licensed racetrack must be accompanied by an original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to the arrival. The certificate of veterinary inspection must be completed by an accredited veterinarian and must contain complete equine infectious anemia (EIA) test results, including the date, laboratory, and accession number of the most recent negative EIA test. The certificate must also contain rectal temperature and product name and date of most recent vaccination with a Food and Drug Administration-approved modified live or killed vaccine specific for EHV-1 and influenza. The certificate of veterinary inspection must be submitted electronically to the commission veterinarian at least 24 hours prior to the horse's arrival at the racetrack. For HISA-covered horses, the certificate of inspection is valid for five days. For all other horses, the certificate of veterinary inspection remains valid for 30 days from the date of issue, with the date of issue counted as day one. Horses leaving the facility and returning during this 30-day period do not have to be accompanied by a new certificate of veterinary inspection. Horses leaving and returning after the 30-day period must be accompanied by a new original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival. The horse must also have a negative equine piroplasmosis test as prescribed in part 7876.0100, subpart 11, or 7876.0110, subpart 5.
Subp. 2. Renewal of 30-day certificate of veterinary inspection.
The certificate of veterinary inspection for horses leaving and returning on an ongoing basis throughout the meet must be renewed within the first five days of each month.
Subp. 3. Horses without required documentation.
If a horse arrives at a licensed racetrack without all documentation required under this part, the horse shall be denied entry to the grounds of the licensed racetrack or kept in an isolation area until the required documentation is submitted to the commission veterinarian.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 28 SR 1482; 35 SR 627; 36 SR 1407; 39 SR 1739; 42 SR 1258; 46 SR 6; 47 SR 990
Minn. R. 7876.0130 Outbreaks of Infectious or Communicable Equine Diseases
Subpart 1. Limited application.
This part applies only when the Racing Commission, its executive director, or its deputy director, in consultation with the commission veterinarian, has determined there have been cases in North America of an infectious or communicable equine disease that presents a serious and immediate threat to the health of horses at a licensed racetrack. When this part applies, it supersedes any conflicting provisions elsewhere in rule.
Subp. 2. Notice.
When this part applies, the commission shall post a notice on its website and shall also make other reasonable efforts to notify all affected racetracks and horse persons in a timely manner, which shall include sending notice via mail or email when possible. The commission shall also promptly provide notice in the same manner as soon as the commission, its executive director, or its deputy director, in consultation with the commission veterinarian, has determined the threat has subsided and this part no longer applies.
Subp. 3. Certificate of veterinary inspection.
A horse entering the enclosure of the licensed racetrack must be accompanied by an original certificate of veterinary inspection issued within the preceding 72 hours. No horse trailers, vans, or other equine transport vehicles will be allowed to enter the enclosure of a licensed racetrack if the driver does not present the required health certificate for each horse being transported. The certificate must contain the following:
A. documentation that an accredited veterinarian, as defined in part 1721.0010, subpart 2, physically examined the horse on the date the health certificate was issued;
B. a statement from the examining veterinarian that, at the time of examination, the horse did not exhibit any clinical signs of disease and the horse's temperature was normal;
C. a statement from the examining veterinarian that the examining veterinarian verified with the horse's owner or trainer that, to the best of the owner's or trainer's knowledge, the horse has not been exposed to any other horse with a contagious or infectious disease in the past 30 days or other time period recommended by the Board of Animal Health;
D. complete equine infectious anemia (EIA) test results, including the date, laboratory, and accession number of the most recent negative EIA test; and
E. if required by the commission veterinarian, documentation that the horse has been vaccinated by an accredited veterinarian with a Food and Drug Administration-approved modified live or killed vaccine specific for EHV-1 not less than 14 days and not more than 60 days prior to arrival at the licensed racetrack. The vaccination date, brand name, serial number, and expiration date of the vaccine must appear on the certificate.
Subp. 4. Nonadmission of certain horses.
No horse may be admitted to the grounds of a licensed racetrack if it has, within the preceding 30 days, been in a county or province, or adjacent county or province, where any racetrack, training facility, or stable is under quarantine due to an infectious or communicable equine disease.
Subp. 5. Isolation of certain horses.
If a horse arrives at a licensed racetrack within 30 days of the most recently initiated quarantine date applicable to that horse, or if a horse has tested positive for any contagious or infectious disease within the preceding six months, the following requirements shall apply:
A. after arrival at the licensed racetrack, the horse's owner or trainer shall procure and pay for a blood test or nasal swab, or both, as required by the commission veterinarian; and
B. the horse shall be held in an isolation area or removed from the licensed racetrack until the horse's owner or trainer presents documentation indicating that the blood test or nasal swab, or both, as required by the commission veterinarian, shows no presence of infectious or communicable disease.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 41 SR 1322
Chapter 7877 HORSE RACING; CLASS C LICENSES
Minn. R. 7877.0100 General Requirements
Subpart 1. Scope.
Except as otherwise provided by rule, an individual who serves on the association board of directors, an association officer, an advance deposit wagering provider, and any person whose work, in whole or in part, is conducted at a licensed racetrack shall first obtain a Class C license from the commission.
Subp. 2. Licensing criteria.
In issuing a Class C license, the commission shall first determine that the applicant's age, experience, reputation, competence, record of law abidance, and financial responsibility are consistent with the best interests of horse racing, the provisions of Minnesota Statutes, chapter 240, and that licensure will not adversely affect the public health, welfare, and safety within Minnesota.
History
- Statutory Authority: MS s 14.389; 240.08; 240.10; 240.131; 240.23; 240.24
- History: 9 SR 2527; 22 SR 1785; 41 SR 809
Minn. R. 7877.0110 Procedure for Obtaining Class C License
Subpart 1. Application.
A person desiring a Class C license shall make application on forms provided by the commission and, upon written request of the commission, shall provide information supplemental to the application. Applications may be obtained from and filed with the licensing office at any current race meeting regulated by the commission, or with the commission's main office.
Subp. 2. Individual application content.
An application from an individual for a Class C license must include the following information with respect to the applicant:
A. date of birth;
B. Social Security number, Social Insurance Number, or other foreign equivalent;
C. address where the commission may send official notices related to the application and license;
D. telephone number where the commission may contact the applicant regarding the application or license;
E. name and address of current or most recent employer;
F. a signed statement authorizing the release of information to the commission and the Alcohol and Gambling Enforcement Division;
G. if the applicant is 18 through 70 years of age and has not provided the commission with fingerprints in the last five years, a completed FBI fingerprint card or written authorization to obtain classifiable fingerprints taken by another licensing or law enforcement agency; and
H. any other information the commission reasonably deems necessary to evaluate the licensing criteria listed in part 7877.0100, subpart 2.
Subp. 2a. Nonindividual application content.
An application for a Class C license from a corporation, partnership, or other nonindividual entity must include:
A. the name and address of the applicant, including a physical address and website or email address;
B. the name, title, and contact information of an individual authorized to communicate with the commission on matters relating to the application and license;
C. details of the applicant's corporate structure and organization, if applicable;
D. the tax identification number of the applicant;
E. the names, addresses, dates of birth, and Social Security numbers of all key employees and beneficial owners;
F. a completed FBI fingerprint card or written authorization to obtain classifiable fingerprints taken by another licensing or law enforcement agency from each key employee and beneficial owner who is age 18 through 70 and has not provided the commission with fingerprints in the last five years;
G. a list of licenses held by the applicant with other racing or gaming jurisdictions;
H. a list of all criminal, civil, and regulatory actions involving the applicant and any key employee or beneficial owner of the applicant;
I. details of licenses that have been denied, suspended, or revoked in any racing or gaming jurisdiction, including all licenses where any key employee or beneficial owner of the applicant was a key employee or beneficial owner of the entity whose license was denied, suspended, or revoked;
J. copies of all contracts with Class A or B license holders;
K. consent to submit to the jurisdiction of Minnesota state courts and agencies in any action relating to the subject matter of the license, application, or business with a Class A or B license holder; and
L. any other information the commission reasonably deems necessary to evaluate the licensing criteria listed in part 7877.0100, subpart 2.
Subp. 3. Application submission.
An application shall not be considered filed until the application form has been filled out completely, all information requested by the commission has been supplied, and the license fee has been paid. Knowingly providing the commission with false or misleading information shall be grounds for denial of the application.
Subp. 3a. Racing Commissioners International Multi-Jurisdictional Licensing Program Application accepted.
In lieu of submitting an application on forms provided by the commission, an individual applicant for a Class C owner's license may submit a signed and dated copy of the Racing Commissioners International Multi-Jurisdictional Licensing Program application, the application fee listed in part 7877.0120, and a supplemental affidavit on a form prescribed by the commission. All requirements listed in subpart 2 apply to such applicants.
Subp. 3b. National Racing Compact license accepted for single owners.
An individual applicant for a Class C owner's license may apply through the National Racing Compact, pay the fee listed in part 7877.0120, and submit a supplemental affidavit on a form prescribed by the commission. An individual licensed by the National Racing Compact whose license is in good standing in each jurisdiction where the individual has held a racing license will be granted a single owner's license upon submission of the required license fee and supplemental affidavit.
Subp. 4. Racing officials.
Each association shall submit to the commission for its approval or disapproval the names of all persons whom the association has selected as racing officials, and other employees whose duties relate to the actual running of races. The list shall include, where applicable, the following racing officials:
A. assistant racing secretary;
B. claims clerk (Thoroughbred, Quarter Horse, or Arabian);
C. clerk of course (harness);
D. clerk of scales (Thoroughbred, Quarter Horse, or Arabian);
E. clocker (Thoroughbred, Quarter Horse, or Arabian);
F. director of security;
G. general manager;
H. identifier;
I. jockeys' or drivers' room custodian;
J. mutuels manager;
K. paddock judge;
L. patrol judge;
M. placing judge;
N. program director (harness);
O. outrider;
P. racing secretary;
Q. starter;
R. steward;
S. timer;
T. track superintendent; and
U. any other official as designated by the commission. The list of racing officials' names shall be submitted to the commission in writing at least 30 days prior to the opening of each race meeting. The association shall be responsible for filing a complete application for a Class C license, including a personal resume, with respect to each nominee who has not been previously licensed by the commission as a racing official. The commission may request any person whose name is proposed as a racing official to submit to a physical examination and to forward the results of the examination to the commission. The request shall be made only where there is a reasonable basis for suggesting that the applicant's physical condition would hinder or prevent the applicant from performing the duties of a racing official. The commission shall act on the association's list of officials at a meeting of the commission. If commission staff recommends disapproval of an official, the association shall be notified of that recommendation in advance of the commission's meeting. Under no circumstances shall an identifier, placing judge, or patrol judge begin working in that capacity unless the person has provided the commission with documentation of having satisfactorily passed an optical examination within 90 days prior to beginning work. The documentation must show that the person has at least 20-20 vision (corrected) and the ability to distinguish colors.
History
- Statutory Authority: MS s 14.389; 240.03; 240.08; 240.10; 240.13; 240.131; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 13 SR 38; 14 SR 332; 16 SR 2684; 22 SR 1785; 24 SR 1568; 31 SR 1277; 41 SR 809; 41 SR 1322; 42 SR 1258; 44 SR 1031; 46 SR 6
Minn. R. 7877.0120 Fees
Subpart 1. License fees.
Each application for a Class C license, or its renewal, shall be accompanied by the payment of an annual fee according to the following schedule:
A. bloodstock agent, $100;
B. concessionaire/vendor, $100;
C. concession/vendor employee, $15;
D. driver (harness), $35;
E. exercise rider, $20;
F. farrier, $50;
G. farrier's assistant, $25;
H. gate crew, $15;
I. groom/hot-walker, $10;
J. horsepersons' bookkeeper, $25;
K. jockey, $35;
L. jockey agent, $35;
M. jockey, apprentice, $35;
N. owner, single, one-year, $50; three-year, $150;
O. owner or stable, one-year, $50; three-year, $150;
P. pony rider, $15;
Q. racing official, $35;
R. stable supervisor, $10;
S. trainer, $50;
T. trainer, assistant, $25;
U. valet, $10;
V. veterinarian or animal chiropractor, $100;
W. veterinary assistant or equine masseuse, $50;
X. association employees, part time or temporary full time, $15;
Y. association staff, permanent full time, $35;
Z. stable name registration, $25;
AA. authorized agent, $5;
BB. owner/trainer/driver, $100;
CC. with the exception of owner/trainer/driver, all applicants to participate at a Class B or D licensed facility where the meet to be conducted is seven or fewer days, $10;
DD. advisory committee member, no charge;
EE. large racing or gaming-related vendor, $2,500;
FF. small racing or gaming-related vendor, $1,000;
GG. tip sheet provider, $100;
HH. commission staff or contractor, no charge; and
II. veterinary student extern, no charge.
Subp. 2.
[Repealed, 44 SR 1031]
Subp. 3. Jockey mount fees.
Except as otherwise specially agreed by the parties, the fees to be paid jockeys shall be at least in an amount set forth in the following fee scale:
For the purpose of this subpart, "purse" includes purse supplement money from the Minnesota Breeders' Fund pursuant to parts 7895.0110 and 7895.0300, subpart 6.
Subp. 4. Driver's fee.
In the absence of a contract or special agreement, drivers' fees shall be $20 or five percent of the purse earned, whichever is greater.
A. For the purpose of this subpart "purse earned" means the amount paid the winning horse less the fees paid by the owner to enter the horse in the race.
B. The purpose of this subpart is not to set a minimum or a maximum fee, but merely to provide a fee in the event that the parties have not made any other written agreement to the contrary. A driver's fee shall be considered earned when the horse which the driver has been engaged to drive leaves the paddock for the post; provided, however, that in the event of a substitution of drivers after the fee is considered earned, no additional driver fee or double driver fee need be paid except when so ordered by the stewards.
C. In the event the parties reach an agreement with respect to the fee to be paid the driver, a contract or agreement in writing signed by the driver (or his or her agent) and the owner (or his or her authorized agent) specifying the agreed upon fee shall be delivered to the horsepersons' bookkeeper prior to the running of the race in question. The horsepersons' bookkeeper shall debit the owner's account in accordance with the contract or written agreement.
D. If no contract or written agreement is submitted to the horsepersons' bookkeeper prior to the running of the race in question, the horseperson's bookkeeper shall debit the owner's purse account in accordance with the applicable fees found in this subpart.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 14 SR 332; 14 SR 2008; 14 SR 2454; 16 SR 2684; 17 SR 1279; 19 SR 2307; 20 SR 2592; 22 SR 1785; 24 SR 1568; 25 SR 1609; 28 SR 699; 33 SR 2095; 40 SR 29; 44 SR 1031; 44 SR 1047; 46 SR 6; 50 SR 1117
Minn. R. 7877.0125 Criteria for Determining Eligibility
Subpart 1. Age.
An applicant for a Class C license, except an individual owner's license, shall be at least 14 years of age unless an older age is required by statute or rule; however Class C licensees who work in proximity to horses shall be at least 16 years of age.
Subp. 2. Burden of proof.
If an applicant for a Class C license, a key employee or beneficial owner of the applicant, or an entity with a key employee or beneficial owner in common with the applicant, has had a license denied, suspended or revoked or been excluded in Minnesota or another racing jurisdiction, or has engaged in conduct that the commission determines would adversely affect the public health, welfare, and safety or the integrity of racing in Minnesota, the commission shall consider such fact as prima facie evidence that the applicant is unfit to be granted a Class C license, and the burden of proof shall rest upon the applicant to establish his or her fitness. In reviewing such applications, the commission shall consider the factors provided in part 7877.0100, subpart 2.
Subp. 3. Compliance with laws.
An applicant for a Class C license shall certify that the applicant is and shall remain in compliance with all applicable federal and state laws and rules including but not limited to laws and rules relating to immigration, discrimination, racing, tax, affirmative action, the ADA, and workers' compensation.
Subp. 4. Access to backside of racetrack.
A person deemed ineligible for a license is denied access to the backside of the racetrack and cannot receive a 72-hour pass or be signed in by a trainer, assistant trainer, or any other commission licensee as a guest.
History
- Statutory Authority: MS s 14.389; 240.03; 240.08; 240.10; 240.131; 240.23; 240.24
- History: 9 SR 2527; 12 SR 2393; 19 SR 2307; 41 SR 809; 44 SR 1031; 50 SR 1117
Minn. R. 7877.0130 Standards Required of Applicants for Specific Licenses
Subpart 1. Single owners.
An applicant for a single owner's license must own, lease, or be a lessor of a horse eligible to race in Minnesota which is registered with the racing secretary and under the care of a trainer licensed by the commission. The applicant must give consent for the commission to share the following data on each such horse registered with The Jockey Club:
A. all prerace examination data collected or created by the commission veterinarian and the veterinarian's designees pursuant to part 7891.0100; and
B. all injury data collected or created by the commission, the commission veterinarian, or their designees. If younger than 18 years of age, an applicant for a single owner's license must submit a notarized affidavit from his or her parent or legal guardian stating that the parent or legal guardian assumes responsibility for the applicant's financial, contractual, and other obligations relating to the applicant's participation in racing. A parent or legal guardian submitting such an affidavit also shall submit information required in part 7877.0110, subpart 2, and must meet the criteria for licensure set forth in part 7877.0100, subpart 2, and Minnesota Statutes, section 240.08. If the commission has reason to doubt the financial responsibility of an applicant for a single owner's license, the applicant shall complete a verified financial statement.
Subp. 1a. Timely licensure.
The owner of a horse entered to race at a Minnesota racetrack must be licensed no later than the posted scratch time on the day the horse is entered to race. If the owner is not licensed by the posted scratch time, the stewards must scratch the owner's horse from the race.
Subp. 2. Stable name.
Applicants for a stable name license must comply with subpart 1 and the following requirements.
A. A legally formed corporation, partnership, or trust, or any combination of two or more individuals, which owns or leases a direct or indirect beneficial interest of five percent or more of a horse eligible to race in Minnesota must obtain a Class C owner license issued by the commission.
B. A stable is defined as any ownership operating under a name other than the ownership's own name and must be registered with the commission by filing an application on a form prescribed by the commission. No person may use the real name of another owner of race horses as a stable name. A stable name that has already been registered may not be registered by another owner. The granting of a stable name registration by the commission shall not relieve any person from the obligation to file or register a fictitious name as provided by the laws of Minnesota. The registration of a stable name must reflect all actual ownership interests. The stable name and the name of the owner shall be published in the program. If the stable name consists of more than one person, the program shall list the name of the managing owner along with the phrase "et al."
C. The applicant must give consent for the commission to share the following data on each such horse registered with The Jockey Club:
Subp. 3. Trainers and assistant trainers.
Applicants for a trainer's or assistant trainer's license must comply with the following requirements.
A. An applicant for a trainer's license or an assistant trainer's license must be at least 18 years old.
B. Any person applying for the first time in Minnesota for a Thoroughbred or Quarter Horse trainer's or assistant trainer's license shall submit to the examination required of prospective trainers and assistant trainers under subpart 4, items B and C, unless the applicant has been licensed as a trainer or assistant trainer in another racing jurisdiction and meets the criteria in part 7877.0100, subpart 2.
C. Any person applying for the first time in Minnesota for a harness horse trainer's or assistant trainer's license must satisfy the USTA requirements for licensure incorporated by reference under part 7869.0200, subpart 1.
D. An applicant for a trainer's license shall have at least one horse to train which is eligible to race in Minnesota. An applicant for an assistant trainer's license shall be employed by a licensed trainer with at least six horses in his or her stable at the time of filing the assistant trainer's application.
E. An applicant for a trainer's license shall comply with the workers' compensation laws and maintain all applicable policies and requirements under Minnesota Statutes, chapter 176, and all pertinent rules adopted thereunder. The Minnesota Racing Commission shall be named as a certificate holder with the insurance company providing the workers' compensation coverage. The commission, as a certificate holder, must be notified of any changes in the policy at the same time as the policy holder or by the earliest date permitted under the policy and applicable law.
F. Beginning June 1, 2022, in order to be eligible for a subsequent license, trainers and assistant trainers must complete at least four hours per calendar year of continuing education. The courses must be approved by a commission veterinarian or safety coordinator.
Subp. 4. Prospective trainers and assistant trainers.
An applicant who has never been licensed by the commission or by another racing jurisdiction as a trainer or an assistant trainer for Thoroughbreds or Quarter Horses must have at least two years' experience in an occupation that indicates a knowledge of horsemanship and racing practices.
A. The applicant must submit three letters of recommendation from former employers or currently licensed trainers attesting to the applicant's ability and experience.
B. For Thoroughbred and Quarter Horse racing the applicant must pass a written examination administered by the stewards, or their designee, covering such subjects as rules of racing, care and handling of horses, and proper use of racing equipment.
C. For Thoroughbred and Quarter Horse racing the applicant must pass a practical test of horsemanship administered by the stewards or their designee.
D. For harness horse racing the prospective applicant must satisfy all the USTA requirements incorporated by reference under part 7869.0200, subpart 1.
Subp. 5. Jockeys.
Applicants for a jockey's license must comply with the following requirements.
A. An applicant for a jockey's license must be at least 16 years old.
B. The applicant must have been licensed previously as a jockey or apprentice jockey by the commission or by another racing jurisdiction.
C. The applicant must pass a physical examination by a licensed, practicing physician within a year prior to the first Minnesota race meeting at which he or she intends to ride.
D. An applicant for a jockey's license may not be the owner or trainer of a race horse.
Subp. 6. Apprentice jockeys.
Applicants for an apprentice jockey's license must comply with the following requirements.
A. An applicant for an apprentice jockey's license must be at least 16 years old.
B. The applicant must have been licensed previously by the commission or another racing jurisdiction as an apprentice jockey or as an exercise rider, or have acquired comparable experience at a training facility or farm. If licensed as an exercise rider or acquired comparable experience, an applicant must demonstrate the ability to break a horse from a starting gate in company with other horses under the observation of a starter and, thereafter, ride in at least two races under the observation of the stewards.
C. An applicant must pass a physical examination by a licensed, practicing physician within a year prior to the first Minnesota race meeting at which he or she intends to ride.
D. Only Thoroughbred races at authorized race meetings in the United States, Canada, or Mexico, which are reported in the Daily Racing Form or other recognized racing publication, shall be considered in determining eligibility for licensing as an apprentice jockey.
E. An applicant for an apprentice jockey's license may not be the owner or trainer of a race horse.
F. An apprentice jockey shall race under certificate issued by the commission in accordance with the standards in part 7877.0170, subpart 3, item A.
Subp. 7. Exercise rider.
An applicant for an exercise rider's license must have been licensed as an exercise rider by the commission or by another racing jurisdiction. If unable to meet this requirement, an applicant shall demonstrate to the stewards, or their designee, the ability to ride a galloping race horse. A person licensed as an exercise rider is eligible to be licensed as a pony rider.
Subp. 8. Harness driver.
Applicants for a harness driver's license must be at least 16 years old. In addition:
A. The applicant must have been licensed previously as a harness driver by the commission or another racing jurisdiction, or the USTA. When licensed by the USTA and applying to drive at a Class D race meet, the USTA license classifications shall apply.
B. If the applicant has never been licensed as a harness driver, the applicant must meet the qualifications of Rule 17 for the current United States Trotting Association (USTA) Charter, Bylaws, Rules and Regulations to qualify for drivers licenses.
C. The applicant must have passed an annual optical examination prior to approval as a driver evidencing corrected 20-20 vision. Proof of the examination must be presented to the safety coordinator.
Subp. 9. Veterinarians.
An applicant for a veterinarian's license must:
A. be currently licensed by the Minnesota Board of Veterinary Medicine to practice veterinary medicine in Minnesota;
B. demonstrate to the commission's veterinarian that he or she is familiar with current equine medical practices and possesses knowledge of the commission's medication rules as specified in chapter 7890;
C. provide proof of current United States Department of Agriculture Animal and Plant Inspection Service accreditation in Minnesota; and
D. provide proof of current registration status under the Controlled Substance Act of 1970, including the schedules for which the applicant has been approved by the Drug Enforcement Administration.
Subp. 9a. Equine masseuse.
An applicant for an equine masseuse license must:
A. provide documentation of completion of formal training as an equine masseuse; and
B. demonstrate to the commission veterinarian that the applicant is familiar with equine anatomy, equine behavior, devices used by an equine masseuse, and with current equine masseuse practices.
Subp. 9b. Animal chiropractor.
An applicant for an animal chiropractor license must:
A. be currently licensed by the Minnesota Board of Chiropractic Examiners as a human chiropractor; and
B. provide documentation as specified in part 2500.7010, item B, subitem (2), and that the applicant is registered with the Minnesota Board of Chiropractic Examiners as an animal chiropractor.
Subp. 10. Farriers.
An applicant for a farrier's license must have been licensed previously as a farrier by the commission or another racing jurisdiction, or must pass an examination related to the shoeing of race horses administered by the stewards or their designee.
Subp. 11. Pony riders.
An applicant for a pony rider's license must have been licensed previously as a pony rider by the commission or by another racing jurisdiction. If unable to meet this requirement, the applicant must demonstrate his or her riding ability to the stewards or their designee.
Subp. 12. Stable supervisor.
An applicant for a stable supervisor's license must have been licensed previously as a stable supervisor by the commission or by another racing jurisdiction, or must have been licensed as a groom for at least one year in any racing jurisdiction.
Subp. 13. Jockey agents.
An applicant for a jockey agent's license must have been licensed previously as a jockey agent by the commission or by another racing jurisdiction, and may represent no more than two jockeys and one apprentice jockey.
If never licensed as a jockey agent, the applicant must have at least one year's experience as a Class C licensee or have held an occupational license from another racing jurisdiction, and must pass a written examination administered by the stewards or their designee relating to jockey engagements, horse eligibility, and other topics relevant to his or her appointment as a jockey agent.
Subp. 14. Authorized agents.
To be appointed an authorized agent, the appointee must be licensed as an individual owner, a trainer, or an assistant trainer. A written agency appointment authorizing the authorized agent to act on behalf of a licensed individual owner or licensed trainer in racing matters not directly related to the care and training of horses must accompany the appointment. The authorization shall be on a form provided by the commission and shall define the powers, limits, and terms of the agency agreement. The authorization must be signed by the individual principals and notarized.
A separate notarized agency appointment is required for each principal an authorized agent intends to represent. All such agencies shall remain in effect for the duration of the current race meeting unless written notice of revocation is submitted to the stewards at the meeting where the principal is racing.
Subp. 15. Bloodstock agents.
Any person who for gain, gratuity, commission, or reward, in either money or goods, acts as an agent for the sale or purchase of any race horse not his or her own which is eligible to race at an authorized race meeting in Minnesota, and who offers for sale, offers to purchase for a client or for his or her own account for resale within 60 days, or offers his or her services as an agent in the purchase or sale of any race horse not his or her own which is eligible to race in Minnesota, must obtain a Class C license from the commission to act as a bloodstock agent.
Subp. 16. Concessionaire or vendor.
Notwithstanding part 7877.0100, subpart 1, the following vendors, and their employees or representatives, do not need a license from the commission:
A. providers of professional services that are currently licensed in good standing by the state, including but not limited to accountants, attorneys, insurance companies, construction companies, private investigators, medical professionals, and caterers;
B. state or local government agencies;
C. the Minnesota Lottery;
D. entertainers and entertainment promoters;
E. nonprofit organizations and their volunteers; and
F. any vendor, other than a racing or gaming-related vendor as defined in subpart 17:
Subp. 17. Racing or gaming-related vendors.
A. Any person meeting the definition of Minnesota Statutes, section 240.01, subdivision 18a, must be licensed as a racing or gaming-related vendor. This includes all vendors who sell, provide, distribute, repair, or maintain the following:
B. "Small racing or gaming-related vendor" means a racing or gaming-related vendor, other than a tip sheet provider, that does not collect more than $50,000 in gross receipts from all business transacted with, or on the premises of, all Class A or B license holders combined during a calendar year in which it is licensed.
C. "Large racing or gaming-related vendor" means a racing or gaming-related vendor that collects more than $50,000 in gross receipts from all business transacted with, or on the premises of, all Class A or B license holders combined during a calendar year in which it is licensed.
D. In addition to the information required by part 7877.0110, at the time of application for a Class C license, and at any other time upon request of the commission, a racing or gaming-related vendor shall provide the commission with a report detailing its monthly gross receipts from all business transacted with, or on the premises of, all Class A and B license holders during the most recent calendar year.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 15 SR 2307; 16 SR 2684; 17 SR 1279; 19 SR 2307; 20 SR 2592; L 1997 c 129 art 2 s 15; 24 SR 1568; 28 SR 1482; 31 SR 1277; 33 SR 8; 40 SR 29; 44 SR 1031; 44 SR 1047; 46 SR 6; 46 SR 1210; 49 SR 1123
Minn. R. 7877.0135 Dual Licensing
In determining whether to issue more than one Class C license to an applicant, the commission shall consider the nature of the licenses sought and already held, and whether holding multiple licenses would be a conflict of interest.
A. A person licensed as a jockey or veterinarian may not be licensed in another capacity.
B. No racing official may serve or act in a nonofficial capacity at a race meeting at which he or she is licensed as an official.
C. In addition to the prohibitions of item B, a person licensed as an owner may not be licensed as a jockey agent, nor may any person licensed as a jockey agent be licensed as an owner.
D. No Class C licensee shall act in any capacity other than that for which he or she is licensed.
E. For all county fairs in which the average daily handle for the preceding year was less than $150,000, the commission may authorize county fair associations to allow officials other than stewards to act in dual capacities. Stewards may act as placing judges and timers. The commission may require that additional officials be present at a county fair meet at the time of application approval or renewal of the class D license.
History
- Statutory Authority: MS s 240.10; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 16 SR 2684; 18 SR 886; 44 SR 1031
Minn. R. 7877.0140 Temporary License
Subpart 1. Issuance.
Pending completion of an investigation of qualifications and fitness, and a decision by the commission to issue or deny a Class C license, the commission may grant a temporary license and badge to a person who has filed a complete and sufficient application for a Class C license and paid all applicable fees, which are nonrefundable. A temporary license must be granted if:
A. the applicant desires to act in a capacity for which a Class C license is required prior to the time the commission will make a decision on his or her application; and
B. the commission does not have reason to believe that the applicant is ineligible for the Class C license he or she seeks.
Subp. 2. Termination.
A temporary license shall carry no presumption of qualifications or fitness and may be terminated summarily by the commission for cause.
A temporary license shall terminate upon a decision of the commission to issue or deny a Class C license, upon voluntary withdrawal of the application for a Class C license, or 60 days after the grant of the temporary license, whichever occurs first. An individual whose license is denied or who withdraws an application for a Class C license shall immediately surrender the individual's badge to the commission.
History
- Statutory Authority: MS s 240.10; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 44 SR 1031
Minn. R. 7877.0145 Emergency License
Subpart 1. Racing officials.
If a racing official approved by the commission becomes incapacitated or is unable to perform his or her duties, the stewards may approve an emergency license. The approval shall be based on the standards in part 7877.0175, and must be reported to the commission for consideration at the next commission meeting. If the emergency licensee has not previously been considered by the commission, the association shall be responsible for immediately submitting a completed license application and personal resume to the commission.
Subp. 2. Owners.
A. If an owner is unable to complete an application for an owner's license because of absence or illness, the licensed trainer desiring to enter a horse in a race shall be permitted to apply for an emergency owner's license on behalf of the absent owner.
B. The trainer must, at the time of submission for an emergency owner's license, provide the following information on an application prescribed by the commission:
C. Failure to provide all of the foregoing information is grounds for denial of an emergency owner's license.
D. An emergency owner's license shall expire 21 days from the date it is issued.
E. If the information required in item B is not provided to the commission due to an act or omission on the part of the trainer, the trainer must also be subject to disciplinary action by the stewards.
F. At the time of application, the appropriate licensing fee must be paid to the commission.
G. Prior to the expiration of the emergency owner's license, the owner must submit a properly completed owner's application as required by parts 7877.0110 and 7877.0130. Failure to do so is grounds for forfeiture of any purse money won by the owner when racing under the emergency license.
History
- Statutory Authority: MS s 240.03; 240.10; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 44 SR 1031; 46 SR 1210
Minn. R. 7877.0150 Replacement Badge
A person whose badge is lost, destroyed, or mutilated must request issuance of a replacement badge and pay a fee of $25.
History
- Statutory Authority: MS s 240.08; 240.10; 240.23; 240.24
- History: 9 SR 2527; 28 SR 699; 44 SR 1031
Minn. R. 7877.0155 Conditions Precedent to Licensing
Acceptance of a Class C license, including a temporary or emergency license, shall mean that the licensee consents and agrees to the following conditions:
A. The licensee is responsible for knowing and abiding by applicable laws and commission rules.
B. The licensee will abide by all rulings and decisions of the stewards, unless the commission has modified or reversed a ruling or decision after a hearing.
C. The licensee will fully and truthfully provide information requested by the stewards or the commission in the course of an investigation, inquiry, hearing, or application for a license.
D. The licensee will notify the stewards or the commission immediately about any bribe, attempted bribe, cheating, or any violation of a statute or rule relating to horse racing or gambling of which he or she has knowledge.
E. The licensee will submit to inspections and searches, and to the seizure of any items reasonably suspected to be prohibited by law or the commission's rules, as hereinafter provided:
F. The licensee will, upon request of the commission, the commission's director of security, or the stewards, provide a blood, breath, saliva, or urine sample for analysis if the duties of the licensee place him or her in a position of danger or he or she commits an act that endangers a horse or human.
G. The licensee shall, upon request, furnish the commission with additional sets of classifiable fingerprints on designated law enforcement agency cards.
H. The licensee will conduct himself or herself in a manner that is not detrimental to the best interests of racing.
History
- Statutory Authority: MS s 240.03; 240.10; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 16 SR 1800; 19 SR 2307; L 1997 c 129 art 2 s 15; 42 SR 1258; 44 SR 1031
Minn. R. 7877.0160 Duration of Class C Licenses
Subpart 1. Duration.
Except as otherwise provided in this subpart, a Class C license other than a temporary or emergency license shall expire at midnight on December 31 of the calendar year for which it was issued. A three-year owner license shall expire at midnight on December 31 of the second calendar year after the calendar year for which it was issued.
Subp. 2.
[Repealed, 44 SR 1031]
Subp. 3.
[Repealed, 44 SR 1031]
Subp. 4.
[Repealed, 44 SR 1031]
History
- Statutory Authority: MS s 14.389; 240.08; 240.10; 240.13; 240.131; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 14 SR 332; 15 SR 2307; 24 SR 1568; 41 SR 809; 44 SR 1031
Minn. R. 7877.0165 Credentials
Subpart 1. Badges.
A. The commission shall issue an identification badge to each Class C licensee.
B. The licensee must wear the badge on outer apparel at all times the licensee is within any restricted area unless the activity for which the licensee is licensed renders wearing of the badge on outer apparel unsafe or creates a substantial risk of loss, destruction, or mutilation of the badge, in which case the badge shall be in possession of the licensee.
C. No licensee shall permit any other person to use the licensee's badge for identification, entrance to the racetrack, or for any other purpose on or off the racetrack grounds.
Subp. 2. Temporary pass.
The association may issue a temporary pass for an individual whose work is located in the stable area. The temporary pass is valid for a limited time not to exceed three consecutive days in duration. Before issuing a temporary pass, the association must verify the identity of the recipient and the need for the pass. Within 72 hours, the association must provide the commission with the name of an individual issued a temporary pass.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 24 SR 1568; 28 SR 1482; 42 SR 1258
Minn. R. 7877.0170 Duties and Responsibilities of Class C Licensees
Subpart 1. Owners.
Horse owners shall have the responsibilities in items A to E.
A. Owners are responsible for stakes payment, jockeys' fees, and drivers' fees.
B. Any owner wagering for a jockey/driver on any horse that the jockey/driver is to ride/drive for the owner shall keep a written record of the wager.
C. Owners shall comply with rules of claiming as specified in chapters 7883 and 7884.
D. An owner of a Thoroughbred, Quarter Horse, Arabian, or other breed is responsible for the registration of colors and for their availability to, and use by, the jockey engaged to ride the owner's horse.
E. Upon receipt of a positive lab report, an owner is subject to penalties provided in parts 7869.0200 and 7892.0150.
Subp. 2. Trainers.
Trainers shall have the following responsibilities.
A. A trainer shall keep in the trainer's charge or under the trainer's supervision at the licensed racetrack horses owned or leased only by owners or lessees who are licensed by the commission.
B. A trainer shall ascertain the true identity of all horses in the trainer's charge.
C. A trainer is responsible for horses the trainer enters as to eligibility; weight or other allowances claimed; physical fitness of the horse to perform credibly at the distance entered; absence of prohibited medication; proper shoeing, bandaging, and equipment; and timely arrival in the paddock.
D. A trainer must obtain a designated stall assignment from the association before occupying any stall on the racetrack grounds.
E. A trainer must register each horse in the trainer's charge within 24 hours of the horse's arrival on the grounds of an association by completing forms provided by the racing secretary. At the same time, any trainer of Thoroughbred, Quarter Horses, Arabian, or other breeds must submit with that registration a description of the owner's colors for each horse in the trainer's charge.
F. Each trainer must provide a current list of all persons in the trainer's employ to the association's security office and commission investigator. The list must include each employee's name, occupation, license number, and local address or dorm room number. A trainer must provide an updated list to the stewards within 24 hours of any changes. The trainer must ensure that all employees are licensed by the commission no later than the next racing day after they arrive on the grounds of an association.
G. The trainer shall supply each horse in the trainer's care with adequate food, water, medical treatment, exercise, and shelter, and shall comply with all applicable provisions of Minnesota Statutes, chapter 343.
H. A trainer may use only veterinarians licensed by the commission to tend horses in the trainer's care that are entered to race or at any time that the horses are on the grounds of an association. A trainer may use a veterinarian not licensed by the commission as a consultant if agreed and approved in advance by a commission veterinarian and the nonlicensed veterinarian is escorted by a commission veterinarian while on the grounds of the association.
I. No trainer may register under a stable name as trainer, but may be permitted to be the owner or part-owner of horses registered under the stable name.
J. A trainer shall represent an owner in making entries and scratches, and in all other matters pertaining to the running of a race.
K. A Thoroughbred, Quarter Horse, Arabian, or other breed trainer shall personally attend the trainer's horses in the paddock, and shall supervise the trainer's horses' preparation to race, unless excused by the stewards because of illness or other emergency.
L. If a trainer is responsible for two or more horses in any race, the trainer shall instruct the jockeys or drivers the trainer has engaged that each shall give the trainer's best effort and that each horse shall be ridden or driven to win.
M. If a horse entered to race becomes unfit for racing because of illness or injury, the trainer shall notify the stewards or the commission's veterinarian promptly.
N. A trainer is responsible for notifying the racing secretary of any circumstances that would necessitate changing a horse's registration or eligibility. This includes notifying the racing secretary and a commission veterinarian when a horse is pregnant and immediately reporting the alteration of the sex of a horse to the horse identifier, the racing secretary, and a commission veterinarian.
O. A trainer is responsible for having each horse in the trainer's charge that is racing in Minnesota or stabled on the grounds of an association tested for equine infectious anemia (EIA) once every 12 months. The tests shall be performed by a laboratory approved by the United States Department of Agriculture. A copy of each horse's negative EIA test results must be attached to the horse's foal registration certificate or provided to the racing secretary by 9:00 a.m. on the first day of the meet in which the horse is scheduled to race. The EIA test certificates must be dated within a 12-month period prior to the date of entry, and must be renewed and replaced on the foal registration certificate or provided to the racing secretary no later than 48 hours following the date of expiration.
P. Except as provided in part 7876.0130, a trainer must ensure that at the time of arrival at a licensed racetrack, each horse in the trainer's care is accompanied by an original certificate of veterinary inspection. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival. The certificate must be completed by an accredited veterinarian and must contain complete equine infectious anemia (EIA) test results, including the date, laboratory, and accession number of the most recent negative EIA test. The certificate must also contain rectal temperature and product name and date of most recent vaccination with a Food and Drug Administration-approved modified live or killed vaccine specific for EHV-1 and influenza. A copy of the certificate must be provided electronically to a commission veterinarian at least 24 hours prior to the horse's arrival at the racetrack. The horse must also have a negative equine piroplasmosis test as prescribed in part 7876.0100, subpart 11, or 7876.0110, subpart 5.
Q. A trainer must promptly report the death of any horse in the trainer's care on the grounds of an association to the commission veterinarian and must comply with part 7891.0110 governing postmortem examinations.
R. If a trainer must be absent because of illness or any other cause, the trainer shall appoint another licensed trainer or assistant trainer to fulfill the absent trainer's duties, and promptly report the appointment to the stewards. The absent trainer and substitute trainer will have joint responsibility for the condition of the horses normally trained by the absent trainer.
S. For Quarter Horses and Thoroughbreds, trainers licensed as owners must train all horses owned wholly or in part by them.
T. Each trainer shall comply with Minnesota Statutes, chapter 176, and all rules adopted under that chapter.
U. A trainer shall ensure that complete written records are kept of all treatments provided to each horse that is registered with the racing secretary under item E or entered to race at a licensed racetrack. Each treatment shall be recorded within 48 hours of treatment.
V. For Thoroughbreds, trainer treatment records are transferred to the new trainer under HISA rules, which are incorporated by reference in part 7869.0200, subpart 2a.
W. For Quarter Horses and Standardbreds, the trainer of a claimed horse shall, within 72 hours after the race is made official, provide to the commission veterinarian the complete written record, as specified in item U, of all treatments, medications, and intra-articular injections that were administered to the horse within the 30 days preceding the race. In the case of a horse that has been in the trainer's control for less than 30 days, the trainer shall provide a record going back as long as the horse has been in the trainer's control. The trainer of the claimed horse shall authorize the commission veterinarian to provide the record to the new trainer.
X. A trainer accepting a horse from another trainer must notify the stewards in writing within 24 hours that such a transfer has been made.
Y. A Standardbred trainer listed as the specified trainer for a horse must have the horse stabled on racetrack grounds under the trainer's custody, care, and control. The listed Standardbred trainer is responsible for entering the horse in a race. Stabling of any horse off the racetrack grounds must be approved in advance by the stewards and that horse must be listed as "ship in."
Subp. 2a. Assistant trainers.
An assistant trainer shall be charged with the same responsibilities as a trainer. If warranted after full consideration by the stewards of all facts and circumstances as contained in chapter 7879, the assistant trainer shall be held equally culpable with the trainer by whom the assistant trainer is employed for any acts to which the assistant trainer has prior knowledge or involvement.
Subp. 3. Jockeys and apprentice jockeys.
Jockeys and apprentice jockeys shall have the following responsibilities.
A. An apprentice jockey must ride with a five-pound weight allowance beginning with the jockey's first mount and for one full year thereafter, unless the jockey is riding in stakes races, handicap races, or substituting for a journeyman jockey who is unable to fulfill a riding engagement. If after one full year from the date of the jockey's fifth winning mount the apprentice jockey has failed to ride 40 winners, the jockey shall continue to ride with a five-pound weight allowance for up to two years from the date of the jockey's fifth winning mount or until the jockey has ridden a total of 40 winners, whichever comes first. Apprentice allowances may be waived with the stewards' permission at the time of entry by the trainer or the trainer's designee. If an apprentice jockey is unable to ride for a period of 14 consecutive days or more after the date of the jockey's fifth winning mount because of service in the United States armed forces, enrollment in an institution of secondary or postsecondary education, or because of physical disability, the commission may extend the time during which the apprentice weight allowance may be claimed for a period not to exceed the period the apprentice jockey was unable to ride.
B. For purposes of the remainder of this subpart, reference to "jockey" also includes apprentice jockey.
C. Each jockey engaged to ride in a race must be in the jockey's room at the reporting time specified by the stewards on each day he or she is scheduled to ride. Upon arrival, the jockey shall report to the clerk of scales.
D. Each jockey reporting to the jockeys' room must remain there until he or she has fulfilled all of that day's riding engagements. While in the performance of his or her duties, the jockey may have no contact or communication concerning the day's races with any person outside the jockeys' room, without the permission of the stewards, other than with an owner or trainer for whom he or she is riding that day, or with the stewards or other commission officials.
E. Each jockey engaged to ride in a race shall report his or her riding weight to the clerk of scales at the time specified by the association.
F. Each jockey engaged to ride in a race must report to the clerk of scales for weighing out not more than 30 minutes before post time for the first race, if he or she is riding in that race, nor sooner than the running of the preceding race, if he or she is riding in any other race.
G.
H. No jockey may weigh-out if the jockey is more than two pounds over the weight assigned to the jockey's horse without permission of the owner or trainer, and under no circumstances shall the overweight exceed seven pounds.
I. If employing an agent, a jockey is bound by all commitments made by the agent. If not employing an agent, the jockey shall conduct business as if the jockey is the agent.
J. A jockey must fulfill all riding engagements. However, no jockey may be forced to ride a horse that the jockey believes to be unsafe, or to ride on a race course the jockey believes to be unsafe.
K. A jockey unable to fulfill riding engagements because of injury must pass a physical examination conducted by a licensed physician or paramedic before resuming race riding.
L. A jockey must wear the racing colors provided by the owner of the horse the jockey is to ride, plus solid white riding pants, top boots, and a number on the right shoulder corresponding to the mount's number as shown on the saddle cloth and in the daily program. With the approval of the stewards, the jockeys will be permitted to wear black mud pants during bad weather conditions or during muddy or sloppy track conditions.
M. In any race, a jockey must ride to win or to finish as near as possible to first. A jockey shall not ease the jockey's horse without cause, even if the horse has no apparent chance to earn a portion of the purse.
N. A jockey must make the jockey's best effort to control and guide the jockey's horse in such a way so as not to endanger the jockey's own horse or other horses and jockeys, nor to cause a foul.
O. A jockey must unsaddle the jockey's own horse before weighing in.
P. Each jockey must check the stewards' daily video replay list in the jockeys' room and report to the stewards, at the time designated, if so required by the list.
Q. A jockey must notify the stewards in writing on a form provided by the commission if the jockey intends to sever a business relationship with an agent or if the jockey intends to change agents. The notification must be signed by both the jockey and agent.
R. A jockey not prohibited by contract may agree to give first or second call on the jockey's services to any licensed owner or trainer. Such agreements must be in writing if for a period of more than 30 days.
S. A jockey employed by a racing stable on a regular salaried basis shall not ride against the stable. No owner or trainer shall employ or engage a jockey to prevent the jockey from riding another horse.
T. Conflicting claims for the services of a jockey shall be decided by the stewards.
U. A jockey mount fee shall be considered earned by a jockey when the jockey is weighed out by the clerk of scales, except in the following cases:
V. No jockey shall willfully or purposely touch, strike, or jostle another jockey or horse, either with hands or riding crop, from the time they leave the paddock until after dismounting from a race.
W. A jockey who is suspended for less than ten days for a riding infraction may be allowed to ride in a stakes or trial race that was designated by the stewards prior to the start of the race season. Permission to race will be granted at the stewards' discretion, based on the circumstances of the suspension. For each racing day that a jockey is permitted to ride in a stakes or trial race under this item, the stewards shall designate an additional day of suspension to be served.
X. Beginning April 1, 2021, jockeys and apprentice jockeys shall comply with the concussion protocol in place at the licensed racetrack.
Subp. 4. Drivers.
In every race a driver shall drive so as to win or to finish as near as possible to first. The driver shall not ease a horse without adequate cause, even if the horse has no apparent chance to earn a portion of the purse.
Each driver shall make a best effort to control and guide the horse in such a way so as not to endanger other drivers or horses, and so as not to cause a foul.
A driver shall fulfill a commitment to drive, unless excused by the stewards. A driver unable to fulfill a commitment because of illness or injury must pass a physical examination before resuming race driving.
Each driver shall wear the traditional driver's costume in any pre-race warm-up, post parade, race, or time trial. The costume shall consist of racing colors, white pants, and a fully padded fiberglass helmet buckled whenever the driver is in a sulky.
A driver reporting to the driver's room must remain there until the driver has fulfilled all of that day's driving engagements. While in the performance of the driver's duties, the driver must have no contact or communication with any person outside the driver's room, without the permission of the stewards, other than with an owner or trainer for whom the driver is driving that day, or other commission officials.
Beginning April 1, 2021, a driver shall comply with the concussion protocol in place at the licensed racetrack.
Subp. 5. Pharmaceutical representatives.
Each pharmaceutical representative must register with the commission veterinarian at the racetrack, and file with the veterinarian for his or her approval a list of the items proposed to be sold or delivered.
Subp. 6. Bloodstock agents.
Every bloodstock agent who participates as an agent in the purchase or sale of a race horse where any warranty of soundness, condition, or racing ability is expressed or implied shall file with the commission within five days of the date of sale a memorandum report of warranty which shall set forth all warranties expressed or implied. In the absence of any such filing it shall be presumed that no warranties were expressed or implied by the seller. A memorandum report of warranty shall be signed by both seller and purchaser or by the bloodstock agent acting in their behalf.
Every bloodstock agent who participates as an agent in the purchase or sale of any race horse eligible to race in Minnesota, where any condition of such purchase or sale includes any lien upon such horse by the seller or other person, shall file a memorandum report of conditional sale with the commission within five days of the date of sale.
Any warranty or condition of sale set forth in any sale catalog, printed offer of sale, or sales agreement shall be considered as a memorandum of warranty or condition of sale, whether or not filed with the commission.
No bloodstock agent shall misrepresent any material fact, nor knowingly withhold any material fact from any person connected with the sale of a horse, nor misrepresent the agent's personal interest in any horse. All bloodstock agents licensed pursuant to part 7877.0130, subpart 15, must file with the stewards and commission security personnel by the 30th of each month a report of their activities for the previous month. Failure to provide these reports by the 30th of each month shall result in disciplinary action by the stewards. All bloodstock agents must make available to the stewards and commission security personnel upon request all documents necessary to verify and evaluate the licensee's business activity as a bloodstock agent. If in the opinion of the stewards pursuant to part 7879.0200, subpart 1, it is determined that the licensee's conduct and business activity as a bloodstock agent can be questioned, the stewards shall take appropriate disciplinary action.
Subp. 7. Jockey's agent.
A jockey's agent shall keep a written record of all engagements made for jockeys he or she represents. The record shall be accurate and up-to-date, and shall be available at all times for inspection by the stewards.
No jockey agent shall be permitted to contract riding engagements for more than two jockeys and one apprentice jockey. No agent may arrange more than two calls for a jockey in any race and the first engagement shall be designated as the first call and the other as the second call. The jockey would have to fulfill the contract with the first call unless the horse is unable to start.
A jockey's agent shall be in the racing secretary's office, or shall check in with the racing secretary's office, at scratch time to confirm a jockey's commitments for the day's program.
A jockey's agent shall notify the stewards in writing if he or she no longer intends to serve as agent for any jockey. When so notifying the stewards, the agent also shall turn over to the stewards a list of any unfulfilled engagements that he or she has made for the jockey.
Subp. 8. Horsepersons' bookkeeper.
It shall be the responsibility of the association to administer the horsepersons' accounts by providing the services of a horsepersons' bookkeeper who shall be bonded in the amount of $100,000.
The association must establish an interest-bearing trust account for the horsepersons' accounts. The horsepersons' trust account shall be separate and distinct from any other account. Deposits made into the horsepersons' trust account by the association are the property of the horsepersons' trust account and not of the association.
The horsepersons' bookkeeper shall be the custodian of the horsepersons' trust account and shall keep accurate records of all receipts, deposits, and disbursements and make those records available at all times for inspection by the commission. The horsepersons' bookkeeper shall not distribute any purse money to a person with an emergency license.
The association must deposit into the horsepersons' account:
A. by the end of the business day following the date of the race in which purses are earned, an amount to cover all of its obligations including breeders fund purse supplements, other supplements, guarantees, stated purses of official races, and, when due, any other payments that the association has agreed to make including agreements entered into under Minnesota Statutes, section 240.13, subdivision 5, paragraph (b); and
B. by the end of the business day following the date of receipt by the association, all stakes, entrance money, starting fees, purchase money in claiming races, and deposits made by other parties.
Subp. 8a. Vendors.
A. No vendor permitted on the grounds of an association shall sell or deliver any horse feed, feed supplement, tonic, veterinary preparation, medication, veterinary equipment or supplies, or substance containing any prohibited drug unless the vendor has filed with a commission veterinarian a list of items the vendor intends to sell or deliver and has received the written approval of a commission veterinarian.
B. A commission veterinarian, after consulting with the stewards and executive director, may restrict the sale of, prohibit the sale or delivery of, or place conditions on the sale or delivery of any item that violates commission rules.
Subp. 9. Veterinarians.
The following shall apply to veterinarians licensed by the commission:
A. Veterinarians must be licensed and in good standing with the Board of Veterinary Medicine.
B. Veterinarians must abide by the rules of the commission and promptly notify the commission of any sanctions or disciplinary actions taken against them by another state's veterinary medicine licensing body.
C. Veterinarians shall be responsible for the conduct of any veterinary assistant working with or employed by the veterinarian to ensure compliance with this subpart.
D. Veterinarians shall create and maintain medical records as required by the Board of Veterinary Medicine and the federal Drug Enforcement Agency.
E. Veterinarians shall not be negligent in the performance of their duties with respect to the health and welfare of a horse, or in the prescription or administration of a medication or injectable substance, or in the use of equipment for hypodermic injection.
F. All drugs, substances, medication, venom, or biological product administered, dispensed, or carried by a veterinarian on the grounds of an association must be FDA or USDA approved. A veterinarian may possess substances that are FDA or USDA approved, but not specifically for use on the horse, only by providing prior notice to the commission's veterinarian and the Board of Stewards. Veterinarians shall not possess medications or substances without a specific manufacturer's name, lot number, and expiration date.
G. Veterinarians shall not be in possession of controlled substances in schedules for which they are not currently registered and approved by the Drug Enforcement Administration.
H. Veterinarians must remove from the grounds of an association all discardable equipment and injectable substance containers or make arrangements with a commission veterinarian regarding removal.
I. Veterinarians shall dispense prescription and compounded drugs abiding by the rules of the state of Minnesota, Boards of Pharmacy and Veterinary Medicine, and according to the guidelines of the American Veterinary Medical Association.
J. All medications and hypodermic equipment must be in the veterinarian's possession, personal vehicle, or stored off grounds.
K. Veterinarians shall immediately report any horse suspected of harboring a communicable infectious disease to a commission veterinarian.
L. The commission shall report any rulings or violations involving a veterinarian to the Minnesota Board of Veterinary Medicine and initiate a complaint with the Minnesota Board of Veterinary Medicine against a veterinarian who has been: (1) provisionally suspended by the Horseracing Integrity Welfare Unit after all the appeals have been exhausted; or (2) determined to have acquired or administered a Class 1 substance contained in the Association of Racing Commissioners International (ARCI) Uniform Classification Guidelines for Foreign Substances and Recommended Penalty Rule or the Horseracing Integrity Welfare Unit list of prohibited substances.
M. No veterinarian shall have contact with an entered horse within 24 hours of the race in which the horse was entered except for administration of furosemide under the guidelines in part 7890.0100, subpart 13a, if requested and accompanied by a commission veterinarian, or in the case of medical emergencies under the guidelines in part 7890.0160.
N. Veterinarians must examine each horse in their care that is scheduled for an official timed workout and submit a statement on a form prescribed by the commission that the veterinarian has examined the horse and found it sound to work. The form must be submitted to a commission veterinarian at least 48 hours and no more than 96 hours in advance of the scheduled work.
O. Veterinarians and veterinary assistants must sign in and out on a form prescribed by the commission at the stable gate each time the veterinarian or veterinary assistant enters or leaves the grounds of the racetrack.
Subp. 9a. Veterinary assistants.
The following apply to veterinary assistants licensed by the commission:
A. Veterinary assistants must work under the direct supervision of a veterinarian who is currently licensed by the commission. For purposes of this item, "direct supervision" means that the licensed veterinarian is in the stable area of the grounds of the association at all times when veterinary assistants employed by the licensed veterinarians are engaged in their duties in the stable area of the grounds of the association, and that the animal patient under the care of the veterinary assistant has been examined by the licensed veterinarian. When the veterinarian has delegated certain animal care tasks to a veterinary assistant, the licensed veterinarian is at all times quickly and easily available to the veterinary assistant to render veterinary care consistent with the delegated animal health care task. Veterinary assistants are held to the same standard of care as the licensed veterinarian.
B. Veterinary assistants shall not:
C. Veterinary assistants may assist licensed veterinarians with the following procedures, but may not perform the procedures themselves:
D. Veterinary assistants may perform the following tasks:
Subp. 9b. Equine masseuse.
The following shall apply to an equine masseuse licensed by the commission.
A. An individual licensed as an equine masseuse shall not:
B. An equine masseuse must keep a daily log either in writing or electronically on a form prescribed by the commission of horses treated at a licensed racetrack and must show the log to the commission veterinarian upon request. The log must be kept until the end of the calendar year in which the equine masseuse is licensed by the commission. The log must contain the following:
Subp. 9c. Animal chiropractor.
Animal chiropractors licensed by the commission must:
A. not be negligent in the performance of their duties with respect to the health and welfare of the horse;
B. have a referral from a veterinarian prior to performing chiropractic and provide written notes, if requested by the owner to the veterinarian; and
C. not be in the stall with an entered horse at any time within 24 hours prior to the race in which the horse is entered.
Subp. 10. Pony riders.
The following applies to pony riders licensed by the commission:
A. Within 24 hours of obtaining a Class C license, a pony rider must register with the commission veterinarian and provide at that time a list of all pony horses for which he or she is responsible and which he or she intends to bring onto the grounds of the association. Such a list will include the name, sex, age, and brief description of color and markings for each pony horse. Should a pony rider obtain additional pony horses during the racing season, he or she must also register these animals with the commission veterinarian prior to bringing them onto the grounds of the association.
B. A pony rider is responsible for having each pony horse in his or her charge tested for equine infectious anemia (EIA) once every 12 months. The test shall be performed by a laboratory approved by the United States Department of Agriculture. A copy of each pony horse's current negative EIA test results must be provided to the commission veterinarian at the time of registration pursuant to item A or, if not available at the time of registration, prior to the arrival of the pony horse at the racetrack. Any certificate which expires during the racing season must be replaced with a current EIA test certificate no later than 48 hours following the date of expiration.
C. Anyone bringing any pony horse onto the grounds of the association must provide to stable gate personnel the accurate name of the animal. Each pony horse must be accompanied by an original certificate of veterinary inspection completed by an accredited veterinarian. The certificate must include the date of inspection and date of issuance, both of which must be dated no more than five days prior to arrival. It must contain complete equine infectious anemia test results, including the date, laboratory, and accession number of the most recent negative EIA test. The certificate must also contain rectal temperature and product name and date of the most recent vaccination with a Food and Drug Administration-approved modified live or killed vaccine specific for EHV-1 and influenza. The horse must also have a negative equine piroplasmosis test as prescribed in part 7876.0100, subpart 11, or 7876.0110, subpart 5. The certificate of veterinary inspection must be submitted electronically to the commission veterinarian at least 24 hours prior to the horse's arrival at the racetrack. The certificate of veterinary inspection for horses leaving and returning on an ongoing basis throughout the meet must be renewed within the first five days of each month.
D. The pony rider shall supply each pony horse in his or her care with adequate food, water, medical treatment, exercise, and shelter, and shall comply with all applicable provisions of Minnesota Statutes, chapter 343.
E. A pony rider must promptly report the death of any pony horse in his or her care on the grounds of an association to the commission veterinarian, and must comply with part 7891.0110 governing postmortem examinations if such examination is deemed necessary by the commission veterinarian.
F. A pony rider wishing to act as a lead pony during the races is required to be in proper attire and represent him or herself in a clean and tidy manner. Proper attire will be determined by the association.
Subp. 11. Required safety equipment for all licensees.
A. A person mounted on or driving a horse on association grounds, and a person handling a horse at the starting gate, must wear a properly secured safety helmet at all times. The helmet must comply with one of the following minimum safety standards or later revisions:
B. A person mounted on a horse or racing in a sulky on association grounds, and a person handling a horse at the starting gate, must wear a properly secured safety vest at all times. The safety vest must comply with one of the following minimum standards or later revisions:
C. A safety helmet or a safety vest shall not be altered in any manner nor shall the product marking be removed or defaced.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 13 SR 38; 14 SR 2008; 14 SR 2454; 15 SR 2307; 16 SR 2684; 18 SR 886; 19 SR 2307; 20 SR 2592; 24 SR 1568; 25 SR 1609; 26 SR 1438; 28 SR 1482; 31 SR 1277; 33 SR 8; 34 SR 1135; 36 SR 10; 39 SR 1739; 40 SR 29; 41 SR 1322; 42 SR 1258; 44 SR 1031; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990; 49 SR 497; 49 SR 1123
Minn. R. 7877.0175 Duties and Responsibilities of Racing Officials
Subpart 1. Racing secretary.
The racing secretary shall have the responsibilities in items A to I.
A. The racing secretary shall be responsible for scheduling races during a meeting; compiling and publishing condition books or sheets; assigning weights or making allowances for handicap races; processing all entries and nominations; compiling a registry of all horses and owners participating at the race meeting, plus their corresponding colors and, when applicable, stable names; and establishing a purse structure for the race meeting.
B. The racing secretary shall maintain a record of the arrival and departure of all horses stabled on the grounds of an association.
C. The racing secretary shall be responsible for publication of the official daily program, if the association does not employ a program director and provide the stewards with a complete daily program.
D. The racing secretary shall be responsible for the daily posting of entries.
E. The racing secretary shall be responsible for the safekeeping of registration certificates, eligibility certificates, and racing permits for horses; for recording required information on such documents; and for returning the documents to the owners, trainers, or authorized agents at the conclusion of the race meeting. However, an association employing a clerk of the course may assign these duties to the clerk of the course.
F. The racing secretary's office shall keep up-to-date performance records on all horses registered to race at a race meeting. Such files shall be kept current and furnished intact to the racing secretary of the succeeding race meeting.
G. The racing secretary shall establish a preference system for horses that have been excluded from races due to overfilling and shall maintain the system for the duration of a meeting. The racing secretary shall be allowed broad discretion with regard to the preference system but shall act in the best interest of racing and the meeting.
H. In the event that a race is declared off due to an insufficient number of entries, the racing secretary must post in a conspicuous place the names of all trainers that entered horses in each race that was declared off.
I. Effective January 1, 2020, the racing secretary shall ensure that the foal certificates for all Thoroughbred horses entered to race at a licensed racetrack that were foaled in 2018 or thereafter have a digital tattoo as defined in part 7869.0100, subpart 20a.
Subp. 2. Clerk of scales.
The clerk of scales shall have the responsibilities in items A to H.
A. The clerk of scales shall be responsible for the security, regulation, and control of the jockeys' room.
B. The clerk of scales shall supervise all valets and the issuance of numbered saddle cloths and equipment for each jockey.
C. The clerk of scales shall be jointly responsible, with each jockey's valet, for the proper attire and neat appearance of the jockey.
D. The clerk of scales shall be responsible for having changes in colors or jockeys posted and announced to the public before any race if the colors or jockeys differ from those listed in the daily program.
E. The clerk of scales shall weigh-out every jockey riding in the first race not more than 30 minutes before post time for the race. The clerk of scales shall weigh-out jockeys riding in any other race no sooner than the preceding race. In weighing-out each jockey, the clerk of scales shall record any overweight, which shall be posted and announced to the public at the time specified by the association.
F. The clerk of scales shall weigh-in in public view immediately after the finish of each race the following jockeys:
G. The clerk of scales shall notify the stewards immediately if:
H. The clerk of scales shall be responsible for maintaining and keeping up-to-date apprentice jockey's certificates.
Subp. 3. Starter.
The starter shall have primary supervision over horses entered in any race from the moment they leave the paddock until the time that the start is effected.
A. The starter shall have radio or telephone communication with the stewards immediately available from the time the horses leave the paddock until the start is effected. The starter shall report to the stewards any disobedience of his or her orders or attempts to take unfair advantage at the starting gate.
B. The starter shall be responsible for providing a fair and equal start of all horses in a race by means of a starting gate. Whenever a horse is prevented from obtaining a fair start, the starter shall immediately notify the stewards.
C. The starter shall require and supervise schooling in the starting gate for any horse not sufficiently trained in starting gate procedures to ensure a fair and safe start. The starter shall maintain a list of any horses so ordered, and those horses shall be ineligible to start until they are sufficiently schooled in starting gate procedures and until the starter has removed their names from the schooling list.
D. The following starter's duties and responsibilities are applicable only to Thoroughbred or Quarter Horse racing:
Subp. 4. Paddock judge; Thoroughbred and Quarter Horse races.
The paddock judge shall have the responsibilities in items A to L.
A. The paddock judge shall be in charge of the paddock, and shall notify the stewards of any apparent rule violation occurring in the paddock.
B. The paddock judge shall see that only authorized persons are in the paddock.
C. The paddock judge shall be responsible for the orderly saddling and equipping of all horses in any race. The saddling and equipping shall, in the case of Thoroughbred, Quarter Horse, or Arabian racing, be open to public viewing and free from interference whenever possible. Horses shall leave the paddock for post in order of their program numbers.
D. The paddock judge shall assemble the horses in the paddock no later than 15 minutes before the scheduled post time for each Thoroughbred, Quarter Horse, or Arabian race, and at least one hour before the scheduled post time for each harness race.
E. The paddock judge shall immediately report to the stewards the absence of, ineligibility of, or any other irregularity with respect to a horse or its equipment.
F. The paddock judge shall inspect and maintain a written record of all equipment worn by each horse in a race, and shall approve all equipment changes. The paddock judge shall immediately notify the stewards of any change, violation, or defect relating to equipment.
G. The paddock judge shall inspect the bandages worn by all horses arriving in the paddock and may order the bandages removed or replaced if he or she has reason to believe that a violation of statute or rule has occurred, is occurring, or will occur.
H. The paddock judge shall immediately report to the commission veterinarian or the association veterinarian the suspected infirmity or unsoundness of any horse.
I. The paddock judge shall immediately notify the stewards of the reason for any horse returning to the paddock after having entered the course for the post parade and before the start of the race.
J. The paddock judge shall inspect and supervise the maintenance of emergency equipment kept in the paddock.
K. The paddock judge shall notify the stewards of any trainer or groom who leaves the paddock before the horse in his or her charge has left the paddock.
L. The paddock judge shall compile a schooling list comprised of horses that are fractious or unruly in the paddock or that exhibit poor or inconsistent behavior in the paddock that could endanger the safety of other participants in racing. The schooling list shall be provided to the stewards at the end of each race day and posted in the race office. No horse on the schooling list may be eligible to race until removed from the list by the paddock judge. To be removed from the schooling list, a horse must be schooled in the paddock and demonstrate to the satisfaction of the paddock judge and the stewards that the horse is capable of performing safely in the paddock.
Subp. 4a. Paddock judge responsibilities for harness races.
Under the direction and supervision of the stewards, the paddock judge will have complete charge of the paddock activities. The paddock judge is responsible for:
A. getting the field on the track for post parades in accordance with the schedule given by the stewards;
B. inspection of horses for changes in equipment, nonrecognized racing equipment, broken or faulty equipment, head numbers, or saddle pads and reporting any equipment changes to the presiding steward;
C. supervision of paddock gate persons;
D. directing the activities of the paddock blacksmith;
E. immediately notifying the stewards of anything that could in any way change, delay, or otherwise affect the racing program. The paddock judge will report to the stewards any cruelty to any horse that the paddock judge observes;
F. ensuring that only authorized persons are permitted in the paddock and notifying the stewards of any apparent rule violation occurring in the paddock; and
G. immediately reporting to the commission veterinarian the suspected infirmity or unsoundness of any horse.
Subp. 5. Identifier.
The identifier shall have the responsibilities in items A and B.
A. The identifier is responsible for checking the identification of all horses entering the paddock by checking the microchip, tattoo, freeze branding, or other identification method approved by the appropriate breed registry, as well as the sex, color, and markings, and comparing those with documents of registration, eligibility, or breeding, as necessary to ascertain a horse's identity. The identifier shall notify the stewards immediately upon detecting any discrepancy in a horse's microchip, tattoo, freeze brand, other approved identification method, markings, or other identifying characteristics. The identifier is responsible for supervising the identification of any horse on the grounds of an association before approving the horse for microchipping, tattooing, freeze branding, or other approved identification method.
B. The identifier shall be responsible to the paddock judge for maintaining a card that will list all equipment worn, including shoes, and the microchip, tattoo, freeze brand, or other approved identification method for each horse racing at the meeting. The identifier shall compare the equipment actually being used on the horse with the approved equipment listed on the card.
Subp. 6.
[Repealed, 31 SR 1277]
Subp. 7. Claims clerk (Thoroughbred, Quarter Horse, and Arabian only).
The claims clerk shall ensure that the claim slip for a horse is deposited in the claim box in accordance with part 7883.0140, subpart 2.
The claims clerk shall open the claim box, search for claim envelopes according to designated race numbers, open any envelopes found, and examine the claim slip inside no sooner than 15 minutes before post time for each race.
The claims clerk shall ascertain whether:
A. errors exist in the form or deposit of the claim;
B. the claimant has established eligibility to claim;
C. the claimant has the amount of the claim, plus any applicable tax or fee, to the claimant's credit; and
D. persons acting on behalf of a claimant are authorized to do so. The claims clerk shall immediately report all findings to the stewards, and shall issue a written authorization on behalf of the stewards for delivery of a horse to any claimant who is successful.
Subp. 8.
[Repealed, 46 SR 1210]
Subp. 8a.
[Repealed, 42 SR 1258]
Subp. 8b. Veterinarian's list.
A. A commission veterinarian shall maintain a list of horses that:
B. The veterinarian's list must be posted in a conspicuous and accessible place outside a commission veterinarian's office, and any horse whose name is on the list shall be ineligible to start in a race for ten calendar days or until a commission veterinarian removes it from the list, whichever is later.
C. All workouts required by a commission veterinarian for the purpose of potentially removing a horse from the veterinarian's list must be conducted under the same medication requirements as those for race days. Horses requiring an official timed workout must have documentation from the attending veterinarian that the horse is sound to work as provided in part 7877.0170, subpart 9, item N, have a published workout observed by a commission veterinarian, and pass a post-workout assessment of racing condition by a commission veterinarian. Thoroughbred horses are eligible to enter but cannot race before a negative post-workout drug test is obtained under chapter 7892.
D. Any horse with a positive test in violation of chapter 7890 shall not be released from the veterinarian's list until another official timed workout is completed and a negative post-workout test is obtained. The biological sample, such as blood, urine, hair, saliva, or other body specimen, used for removal from the veterinarian's list must be the same as the biological sample identified in the positive test.
E. For purposes of this subpart, the ten-day period during which a horse is ineligible to start begins on the first day the horse is placed on the list. The veterinarian's list is binding on all racetracks under the jurisdiction of the commission and shall include horses on the veterinarian's list in other racing jurisdictions.
Subp. 8c. Racing soundness examinations.
A commission veterinarian shall conduct racing soundness examinations pursuant to part 7891.0100. If the veterinarian finds that any horse is unfit to race, the veterinarian shall notify the stewards immediately in writing and place the horse on the veterinarian's list.
Subp. 8d. Monitoring horses during a race.
A commission veterinarian shall monitor horses in the paddock, post parade, and starting gate for signs of illness or injury and shall tend to disabled horses pursuant to part 7883.0160, subpart 14.
Subp. 8e. Supervision of the detention barn.
A commission veterinarian shall supervise the operation of a barn for the detention and testing of horses after each race pursuant to chapter 7890.
Subp. 8f.
[Repealed, 47 SR 990]
Subp. 8g. Pregnant mares.
A commission veterinarian must post in a location accessible to all trainers a list of all mares registered as pregnant or "in foal."
Subp. 8h. Infectious diseases.
A commission veterinarian shall have the authority to draw and submit blood to the official testing laboratory under part 7892.0130 from any horse or pony on the grounds of a licensed racetrack for the purpose of testing for equine infectious anemia (EIA) and other reportable infectious diseases as determined by the Minnesota Board of Animal Health, and shall supervise the removal from the racetrack of any horse or pony having positive EIA or reportable infectious disease test results.
Subp. 8i. Veterinary emergencies.
In the event of a veterinary emergency where the owner's veterinarian is not on racetrack grounds, a commission veterinarian may administer emergency treatment to a horse after consulting with the owner or the owner's agent if they are present on racetrack grounds. In all cases, the owner's veterinarian must be notified and the case transferred to the owner's veterinarian as soon as the owner's veterinarian is present.
Subp. 8j. Application review.
A commission veterinarian must review and consult with the applicants and the stewards regarding commission license applications of practicing veterinarians, veterinary technicians or assistants, animal chiropractors, equine masseuses, feed vendors, pharmaceutical representatives, and vendors of veterinary medical supplies and equipment.
Subp. 8k. Commission veterinarian.
Commission veterinarians must be licensed and in good standing with the Minnesota Board of Veterinary Medicine.
Subp. 9. Patrol judge.
Patrol judges may observe the running of each race. In the case of harness racing, a patrol judge may serve as a roving patrol judge by riding in the starting gate and observing activity on the race course at all times during a race program.
Patrol judges shall be in communication with the stewards during every race, and shall immediately notify the stewards of:
A. every apparent violation of commission rules;
B. any action on the race course that could improperly affect the result of a race;
C. any indication of a forthcoming claim of foul or other complaint of violation of the commission's rules;
D. any lack of or broken racing equipment; and
E. any unusual or illegal behavior of horses, jockeys, or drivers. When instructed by the stewards, patrol judges shall be present at video reviews of races to confirm or to clarify reported observations.
Subp. 10. Placing judge.
At least two placing judges shall view each race from a stand directly above the finish line, and shall determine the order of horses as they cross the finish line. In making that determination, the placing judges shall take note of the horses' numbers, racing colors, and distinguishing equipment, and shall determine the order of finish by considering only the noses of the horses.
The placing judges shall be responsible for having the numbers of the first four horses to cross the finish line displayed on the result board.
The placing judges shall announce their decisions promptly, and those decisions shall be final unless an objection to any horse placed within the purse is made and sustained. However, this rule shall not prevent the judges from correcting any mistakes, subject to the stewards' confirmation.
The placing judges shall use photographs from the racetrack's photo-finish camera as an aid in determining the order of horses as they cross the finish line. The placing judges shall use the photographs of all finishes in which the winning margin is less than half a length, or in which the horses are widely spaced across the race course. Copies of those photographs shall be posted in convenient locations for public inspection.
Subp. 11. Timer.
A timer shall determine the official time of each race, which shall be the period from the time the first horse crosses the timing beam or track marker at the start of the race until the first horse crosses the finish line.
The timer shall verify the race time recorded by the racetrack's electric timing device. Should the timing device malfunction, the time shown on the watch of the timer shall be the official time of the race.
Subp. 12. Clocker (Thoroughbred, Quarter Horse, Arabian, or other breeds).
A clocker shall accurately record all workouts on any race course at which a race meeting is being conducted.
Upon order of the stewards, a clocker shall be able to demonstrate knowledge and proficiency in accurately recording times of horses working out.
A clocker shall present daily records to the racing secretary and the stewards, post for the benefit of the public daily records of all timed workouts, and make a record of daily workout times available to the news media.
Subp. 13. Outrider.
Outriders shall be responsible for the orderly conduct of horses on the race course during training and racing hours, as specified in the following paragraph.
At the Thoroughbred/Quarter Horse track, the outriders shall be present on the race course, mounted and ready to assist in the control of any unruly horse or to recapture any loose horse, at all times that horses are permitted on the race course. Outriders are required for harness racing during racing periods but are not required during training hours.
The outriders shall escort to the post all horses starting in any race, and shall remain on duty until all horses on that program have been returned to their handlers.
Each outrider must comply with part 7877.0170, subpart 10, for each pony horse in his or her care.
Subp. 14. Jockeys' room custodian.
The jockeys' or drivers' room custodian shall:
A. supervise the orderly conduct of business in the jockeys' or drivers' room;
B. maintain cleanliness and neatness in the jockeys' or drivers' room; and
C. be responsible for the care and storage of racing colors.
Subp. 15. Clerk of the course (harness).
The clerk of the course shall keep the stewards' sheets on which he or she shall record the following information:
A. names of all horses entered and their eligibility numbers;
B. names of owners and drivers;
C. drivers' license numbers;
D. a record of each race, noting positions of horses at the finish;
E. names of scratched or ruled out horses;
F. recorded times; and
G. all protests, penalties, and appeals. The clerk of the course shall see that the stewards' sheets are signed, and shall forward copies of them to the commission not later than the next day. The clerk of the course shall check eligibility certificates before and after each race, and shall keep the certificates up-to-date. When requested by an owner or owner's authorized agent, the clerk of the course shall return a horse's eligibility certificate after a race.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 13 SR 38; 14 SR 2008; 16 SR 2684; 20 SR 2592; 22 SR 1785; 24 SR 1568; 31 SR 1277; 34 SR 1135; 35 SR 627; 39 SR 1739; 40 SR 1393; 41 SR 1322; 42 SR 1258; 44 SR 1031; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990; 49 SR 497; 49 SR 1123; 50 SR 1117
Minn. R. 7877.0180 Conflicts
Subpart 1. Racing officials.
No racing official, other than a general manager, shall own any interest in a privately held Minnesota racetrack at which the person is serving as an official. In the case of a publicly held corporation, no racing official, other than a general manager, shall own more than five percent of the outstanding shares of stock. No racing official shall:
A. own any interest in a horse eligible to race at a meeting at which the racing official serves as an official;
B. buy or sell for the racing official, or as an agent for anyone else, any horse eligible to race at a meeting at which the racing official serves as an official;
C. hold any interest in the contract of a jockey, apprentice jockey, or, in the case of standardbred racing, as a driver at a meeting at which the official serves;
D. buy or sell for another person any right to a contract of any jockey, apprentice jockey, or, in the case of standardbred racing, of a driver riding or driving at a meeting at which the racing official serves;
E. be permitted to compete as a jockey or, in the case of standardbred racing, of a driver, in any race at a licensed racetrack in Minnesota during the term of the racing official's employment;
F. wager money or anything of value on any race in Minnesota during the term of the racing official's employment; or
G. request or accept any remuneration or honorarium in payment or kind from any owner, trainer, or other person licensed by the commission.
Subp. 1a. Other employees.
No detention barn employee, commission staff, assistant starter, claims clerk, outrider, or track superintendent shall request or accept any remuneration or honorarium in payment or kind from any owner, trainer, or other person licensed by the commission.
Subp. 2. Veterinarian, veterinary assistant, equine masseuse, animal chiropractor.
No veterinarian, veterinary assistant, equine masseuse, or animal chiropractor may participate in pari-mutuel wagering while licensed by the commission.
Subp. 2a. Veterinarian designated as an official.
No veterinarian designated as an official at a race meeting shall treat or prescribe treatment for a horse racing at that meeting, except in emergencies or if no other veterinarian licensed by the commission is on the grounds of the association. In that case, the official veterinarian shall notify the commission of any compensation received.
Subp. 3. Wagering by owners, trainers, drivers, or jockeys.
No owner, trainer, driver, or jockey shall:
A. place a win wager on any horse except his or her own in a race in which he or she competes;
B. place a place or show wager on his or her own horse in a race unless also betting the same or higher amount as a win wager;
C. wager on any other horse to finish better than his or her own in an exacta, trifecta, superfecta, or super high five wager; or
D. wager on any other horse except his or her own in any leg of a daily double, Pick 3, or Pick (n) wager in which he or she has a horse competing.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 16 SR 2684; 19 SR 2307; 31 SR 1277; 33 SR 8; 44 SR 1047; 46 SR 6
Minn. R. 7877.0185 Applicability of Rules and Rulings
Rules pertaining to Class C licensees and rulings or orders against them shall apply equally to other persons if:
A. participation in an activity by the other person would circumvent the intent of a rule, ruling, or order by permitting the person to serve, in essence, as a substitute for the ineligible licensee; or
B. the other person is legally liable for the conduct that violated the rule or is the subject of the ruling; or
C. the other person benefited financially from the conduct that violated the rule. The transfer of a horse in an effort to avoid application of a commission rule or ruling is prohibited.
History
- Statutory Authority: MS s 240.08; 240.10; 240.23
- History: 9 SR 2527; 14 SR 2008
Chapter 7878 RACETRACK SECURITY OFFICERS
Minn. R. 7878.0100 Definitions
Subpart 1. Scope.
For purposes of this chapter, the following words and phrases have the meanings given to them unless another intention clearly appears.
Subp. 1a. A&GED.
"A&GED" means the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety.
Subp. 2. Appointing authority.
"Appointing authority" means the holder of a Class A, Class B, or Class D license issued by the commission.
Subp. 3. Appointment.
"Appointment" means an official declaration by the appointing authority that it has engaged an individual as a security officer.
Subp. 4. Basic course.
"Basic course" means a course for training security officers prior to the assumption of their official duties.
Subp. 5.
[Repealed, 24 SR 1568]
Subp. 6. Commission.
"Commission" means the Minnesota Racing Commission.
Subp. 7. Continuing education.
"Continuing education" means refresher training for security officers.
Subp. 7a. Division.
"Division" means the Division of Alcohol and Gambling Enforcement in the state Department of Public Safety.
Subp. 8.
[Repealed, 28 SR 1482]
Subp. 9. First aid course.
"First aid course" means the Red Cross or American Heart Association basic course.
Subp. 10. POST Board.
"POST Board" means the Minnesota Peace Officer Standards and Training Board.
Subp. 11. Security officer.
"Security officer" means a person whose principal duty is the protection of persons or property at a racetrack licensed by the commission.
History
- Statutory Authority: MS s 240.08; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 16 SR 1800; 20 SR 2592; L 1997 c 129 art 2 s 15; 24 SR 1568; 28 SR 1482
Minn. R. 7878.0110 Minimum Selection Standards
Subpart 1. Applicant must meet selection standards.
A person eligible to be licensed by the commission as a security officer must be an employee of a Class A, B, or D licensee and shall meet the following minimum selection standards prior to being appointed a security officer. The appointing authority may certify that the applicant has already completed certain of these standards and provide documentation to that effect pursuant to subpart 2. In all cases, the security officer must:
A. complete a comprehensive written Minnesota Racing Commission license application;
B. submit to a thorough background search by the A&GED to disclose the existence of any criminal record or conduct which would adversely affect the performance of the security officer's duties;
C. not have been convicted of a felony in Minnesota (or in any other state or federal jurisdiction which would have been a felony if committed in Minnesota), or criminal theft, or a pari-mutuel horse racing or gambling crime;
D. provide fingerprint cards to the commission; and
E. pass an oral examination conducted by the appointing authority to demonstrate the existence of communication skills necessary to perform the duties and functions of a security officer.
Subp. 2. Documentation subject to review by commission.
The appointing authority shall maintain documentation the commission deems necessary to show compliance with this chapter. The documentation is subject to periodic review by the commission and shall be made available upon request.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 16 SR 1800; 20 SR 2592; 24 SR 1568; 40 SR 29
Minn. R. 7878.0120 Licensing of Security Officers
Subpart 1.
[Repealed, 42 SR 1258]
Subp. 2. Applicant shall apply for Class C license.
If the prospective appointee does not already possess a Class C license as a security officer, he or she shall apply for such a license on a form prescribed by the commission. The applicant and the appointing authority shall affirm that the individual is eligible to be licensed as a security officer. The applicant shall also submit the license fee required in part 7877.0120, subpart 1, item X or Y.
Subp. 3.
[Repealed, 11 SR 2201]
Subp. 4.
[Repealed, 33 SR 2095]
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.19; 240.23
- History: 9 SR 2527; 14 SR 2008; 16 SR 2684; 33 SR 2095; 42 SR 1258
Minn. R. 7878.0130 Basic Course
Subpart 1. Applicant shall successfully complete basic course.
No security officer may work in that capacity, except under the continuous direct supervision of an experienced security officer, until the association furnishes proof to the commission that the security officer has successfully completed a basic course that includes at least 16 hours of instruction in the following subject areas:
A. Minnesota criminal statutes;
B. Minnesota horse racing statutes;
C. criminal procedure;
D. rights of individuals (constitutional law);
E. Minnesota Racing Commission rules;
F. security operations and procedures;
G. first aid;
H. cardio pulmonary resuscitation (CPR) to be completed within 30 days of the first scheduled training; and
I. report writing.
Subp. 2. Commission may waive requirements.
Participation or continued instruction in a particular subject area listed in subpart 1 must be waived by the commission if the individual shows satisfactory evidence that he or she is licensed or eligible to be licensed by the POST Board.
Subp. 3. Appointing authority shall maintain information.
The appointing authority shall be responsible for maintaining and making available to the commission pertinent information on courses of instruction and persons employed as security officers.
History
- Statutory Authority: MS s 240.03; 240.08; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 20 SR 2592; 42 SR 1258; 50 SR 1117
Minn. R. 7878.0140 Continuing Education
Subpart 1. Licensee shall successfully complete refresher training.
No security officer's license may be renewed unless the licensee or the appointing authority furnishes the commission proof that the licensee is currently certified in cardiopulmonary resuscitation and has successfully completed, on an annual basis, at least eight hours of refresher training in the areas of:
A. first aid; and
B. security plan, policy, and procedure of the racing association.
Subp. 2. Commission must approve courses.
Prior to receiving credit for course approval, the appointing authority or the licensee must submit to the commission a detailed outline of the course and the instructors' credentials. All POST Board certified courses shall be considered by the commission to be approved continuing education courses. Approval of continuing education courses shall be based on relevance to knowledge, skills, and abilities needed for security officers. Approved courses of continuing education credit will be granted at the rate of one hour for each 50 minutes of class sessions.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 41 SR 1322
Minn. R. 7878.0150 Standards of Conduct for Security Officers
Subpart 1.
[Repealed, 42 SR 1258]
Subp. 1a. Carrying of firearms.
For each association employee who may carry a firearm on the grounds of a licensed racetrack, the association shall provide the commission's director of security with a current copy of the employee's permit to carry a firearm.
Subp. 2. Restrictions on security officers.
No security officer may:
A. use unreasonable force;
B. obstruct, hinder, interfere, or prevent an investigation by the commission or a law enforcement agency;
C. linger on the backstretch while off-duty; or
D. while on duty, place a bet on a race run by the association where he or she is employed.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 24 SR 1568; 42 SR 1258
Minn. R. 7878.0160 Security Cooperation
Subpart 1. Security officers must cooperate with law enforcement agencies.
Class A, Class B, and Class D licensees and all security officers must cooperate fully with federal, state, and local law enforcement agencies with jurisdiction to enforce criminal laws at horse racing facilities, and must report promptly all crimes suspected, investigated, or prevented at a licensed racetrack to the A&GED.
Subp. 2. Notification of searches.
Within 24 hours of any searches conducted by an association or its security personnel, the Racing Commission director of racing security or his or her designee must be notified of the searches and any relative circumstances involved. A copy of the inventory sheet of all items confiscated during the searches must accompany the notification. All illegal contraband seized as a result of a search must be secured by the association until contact is made with commission investigators. After consultation with commission investigators, all contraband must be transferred or disposed of according to applicable law. Under no circumstances shall the association or its security personnel destroy or otherwise dispose of any illegal contraband.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 24 SR 1568; 50 SR 1117
Minn. R. 7878.0170 Class D Security Officers
Subpart 1. Security officers may be provided by sheriff's office and police department.
Security officers at a class D racetrack may be provided by the sheriff's office in the county and the police department in the city in which the class D license is held.
Subp. 2. Designee.
The sheriff and/or the chief of police or a designee will be the director of security for the race meet.
Subp. 3. Assistance.
The sheriff and/or the chief of police may utilize deputies, reserve deputies, police officers, reserve officers, or any individual who meets the minimum standards as specified in part 7878.0110.
History
- Statutory Authority: MS s 240.23
- History: 18 SR 886; 19 SR 2307
Minn. R. 7878.0180 Secured Areas of Licensed Racetrack Grounds
Subpart 1. Association to provide security.
Unless otherwise authorized by the commission, an association shall provide continuous security in the stable area of a licensed racetrack during all times that horses are stabled on the grounds. Security officers shall require any person entering the stable area to display a commission license, temporary pass issued under part 7877.0165, or visitor's pass issued by the association.
Subp. 2. Visitor's pass.
A security officer may issue a visitor's pass to give unlicensed persons temporary access to secured areas of a licensed racetrack. The following requirements shall apply.
A. A visitor's pass may only be issued at the request of:
B. The person requesting the visitor's pass is responsible for the proper conduct of the visitor and shall ensure compliance by the visitor with all commission rules.
C. A visitor's pass shall be valid for a limited time not to exceed 24 hours.
D. Security officers shall keep a copy of each visitor's pass issued.
E. A visitor's pass must contain the following:
F. A visitor's pass does not entitle the visitor to participate in racing in any way other than as a patron.
History
- Statutory Authority: MS s 240.03; 240.23
- History: 42 SR 1258
Chapter 7879 HORSE RACING; STEWARDS
Minn. R. 7879.0100 Qualifications and Appointment of Stewards
Subpart 1. Qualifications for stewards.
No person may qualify for commission appointment or approval as a steward unless:
A. the person is fully accredited by a recognized accrediting organization;
B. the person has satisfactorily passed an optical examination within 90 days prior to approval as a steward evidencing 20-20 vision (corrected) and the ability to distinguish colors; and
C. the commission is satisfied that income, other than salary as a steward, which may accrue to a person under consideration for appointment as a steward is independent of and unrelated to patronage of or employment by any licensee under the supervision of the steward, so as to avoid the appearance of any conflict of interest or suggestion of preferential treatment of a licensee.
Subp. 2. Appointment and approval of stewards.
The following procedures must be observed in the appointment of stewards:
A. There shall be three stewards for each race meeting, at least two of whom shall be appointed by the commission. The third steward may be nominated by the association for approval by the commission. The commission must notify the association if it will accept an association's nomination for a steward. The name of the association nominee for steward must be submitted no later than 30 days before commencement of a race meeting and must be accompanied by biographical data setting forth the experience and qualifications of the nominee. No steward may serve until approved by the commission.
B. In the event a steward becomes ill, resigns, or is unable to serve for any reason, the commission's director shall nominate a temporary steward to the commission for approval. In emergencies, the commission's director may designate a temporary steward to serve until such time as the commission approves the appointment of a steward to fill the vacancy.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.16; 240.23; 240.24
- History: 10 SR 1908; 11 SR 2201; 15 SR 2307; 16 SR 1800; 19 SR 2307; 20 SR 2592; 22 SR 1785; 42 SR 1258; 44 SR 1031
Minn. R. 7879.0200 Authority and Duties of Stewards
Subpart 1. General authority of stewards.
The stewards shall exercise immediate supervision, control, and regulation of racing at each licensed race meeting on behalf of the commission and shall be responsible only to the commission. The powers of the stewards shall include:
A. the authority over all horses and all persons, licensed or unlicensed, on association grounds during a race meeting as to all matters relating to racing;
B. the authority to determine all questions, disputes, protests, complaints, or objections concerning racing matters which arise during a race meeting and to enforce such determinations;
C. the authority to suspend, according to applicable law, the license of a participant in racing;
D. the authority to eject or exclude according to applicable law, from association grounds or any part thereof, licensed or unlicensed persons for violations of law;
E. the authority to interpret and enforce commission rules and determine all questions pertaining to racing matters in conformity with applicable law and rule and the criteria in subpart 3;
F. the authority to issue decisions or rulings pertaining to racing matters which shall supersede orders of the officers, directors, and officials of the association, which may vary any arrangement relating to the conduct of a race meeting, including postponing or canceling a race, or ruling a race "no contest";
G. the authority to request and receive assistance from commission employees, racing officials, track security, and federal, state, or local police in the investigation of possible violations of law;
H. the authority to conduct hearings on all questions, disputes, protests, complaints, or objections concerning racing matters;
I. in the event a jockey, driver, trainer, or racing official, other than a steward, is determined to be unable for any reason to perform his or her duties, the authority to appoint a substitute therefor;
J. the authority to scratch a horse or excuse any jockey, driver, trainer, or racing official other than a steward;
K. for all county fair meets in which the average daily handle for the preceding year was less than $150,000, the rules of horse racing and pari-mutuel rules shall apply unless waived by the commission after a determination by the commission that the integrity of the race meet and safety to humans or animals would not be affected. In the event circumstances during a race meet require an immediate change so as to expedite the completion of the race day, the board of stewards, after consultation with the director of security, commission veterinarian, or director of pari-mutuels, as determined appropriate under the circumstance, shall thereafter approve the change. In the event the board of stewards is unable to consult with the appropriate commission staff member after a reasonable time, the board of stewards shall approve the change without such consultation;
L. for a period of 90 days after the conclusion of a race meeting at a licensed facility or a county fair meet, jurisdiction to hold hearings and take action with regard to any aspect of racing at the meet shall continue with the board of stewards or, if considered by the commission to be more practical or convenient for the parties concerned, may be exercised by a single knowledgeable person designated by the commission. Any person acting in lieu of the board of stewards under this part shall have all of the authority granted to the board of stewards under this part or any other applicable rule. A person may appeal from any action taken, in the same manner as an appeal may be taken from a steward's hearing; and
M. the authority to summarily suspend a commission license pending a hearing, should the stewards determine that a licensee's actions constitute an immediate danger to the public health, safety, or welfare; are not in the best interest of racing; or compromise the integrity of operations at a track or satellite facility. A licensee whose commission license has been summarily suspended by the stewards is entitled to a hearing within 48 hours following a written request for a hearing by the licensee. The stewards must conduct a hearing on the summary suspension in the same manner as other disciplinary hearings. At a summary suspension hearing, the sole issue is whether the licensee's commission license should remain suspended pending a final disciplinary hearing and ruling.
Subp. 2. Specific duties and responsibilities of stewards.
In addition to the duties and responsibilities necessary and pertinent to general supervision, control, and regulation of race meetings, and without limiting the authority of the stewards to perform those and all other duties listed in this part, the stewards shall have the following specific duties and responsibilities:
A. To consider and review all allegations of misconduct or rule infractions and, when warranted, initiate investigations of the allegations and conduct necessary hearings; or take the action necessary to prevent rule infractions.
B. At least one steward shall be on association grounds from scratch time (or, if not a racing day, when entries are first taken) until entries are closed. At least one steward shall be present for the regular showing of racing films or video tapes. All three stewards shall be on association grounds for a continuous period beginning not less than one hour before post time for the first race until conclusion of the last race.
C. At least one steward, or a designated representative of the stewards, shall be present in the paddock before each race and remain there until the horses leave for the starting gate, to observe the conduct of all persons in and around the paddock.
D. To review applications for Class C licenses and administer, or cause to be administered by technically qualified persons, standard examinations to all first-time applicants for a trainer, jockey, apprentice jockey, driver, or farrier license, and to make recommendations to the commission through the executive director as to the qualifications of all applicants for Class C licenses. The stewards shall not administer, or cause to be administered, examinations for first-time applicants for a trainer's license after the midpoint of any race meeting is reached.
E. To review all license applications, registration certificates, contracts, papers, and other documents pertaining to the sale or ownership of a horse, payment of purse money, appointments of agents, and applications for racing colors or stable name.
F. To require proof of eligibility of a horse or person to participate in a race if the eligibility is in question and, in the absence of sufficient proof to establish eligibility, to rule the horse or person ineligible.
G. To supervise the taking of entries and receive all declarations and scratches and determine all questions arising and pertaining to same; the stewards may refuse the entry of any horse by any person, or refuse to permit a declaration or scratch, or may limit entries when necessary to protect the safety or integrity of racing. The stewards shall promptly notify the mutuels manager of any horse scratched from a race.
H. To lock all pari-mutuel betting machines not later than the start of a race.
I. To cause the "inquiry" sign to be posted on the infield totalizator board immediately after the horses have crossed the finish line in a race if any doubt is held by any steward as to the fairness of the running of the race.
J. To cause the "objection" sign to be posted on the infield totalizator board upon the lodging of an objection.
K. To cause the "official" sign to be posted on the infield totalizator board after determining the official order of finish for purposes of pari-mutuel payoff.
L. To review the video tapes of each day's races before commencement of the successive day's races and to draw up and post a list of jockeys (including any apprentice jockeys) or drivers whom the stewards feel should review such films for instructional purposes.
M. To maintain daily reports of actions taken and observations made during the conduct of each day's racing program. The report must contain the name of the track, the date, weather and track conditions, claims, inquiries and objections, and any unusual circumstances or conditions. The reports must be signed by all three stewards and filed with the commission within 72 hours.
N. During racing hours, make periodic inspections of the jockeys' and drivers' room and observe security, and note the inspections and observations made in the stewards' daily report.
O. To maintain detailed records of all questions, disputes, protests, complaints, or objections brought to the attention of the stewards, and a summary of interviews, reports of investigations, and rulings issued thereon. If a ruling is not unanimous, the dissenting steward shall record the reasons for the dissent. The stewards' log must be available to the commission for inspection at all times.
P. Within seven days after the conclusion of a race meeting, the stewards must submit to the commission a written report containing their observations and comments concerning the conduct of the race meeting and the condition of the association grounds and any appropriate recommendation for improvement.
Subp. 3. Criteria and bases for stewards' decisions.
A. When making judgments with respect to the conduct of horse racing, the stewards shall take into consideration the following:
B. When making a determination or recommendation regarding the qualifications of an applicant for a Class C license, the stewards shall consider the following factors:
History
- Statutory Authority: MS s 240.03; 240.10; 240.13; 240.15; 240.16; 240.18; 240.23; 240.24; 240.25
- History: 10 SR 1908; 18 SR 886; 33 SR 8; 35 SR 627; 41 SR 1322; 42 SR 1258; 44 SR 1031; 47 SR 990; 50 SR 1117
Minn. R. 7879.0300 Compensation of Stewards
Subpart 1. Commission to be reimbursed.
An association must reimburse the commission, on a weekly basis, for the cost of providing state stewards. The level of compensation and benefits for all stewards shall be determined by the commission.
Subp. 2. Compensation level.
In determining the level of compensation for stewards, the commission shall consider the following criteria:
A. the current comparable rate of compensation for stewards in other racing jurisdictions;
B. the experience and background of the stewards, as well as their responsibilities and required hours of work; and
C. the cost of any necessary equipment used or specialized courses required to fulfill their duties.
History
- Statutory Authority: MS s 240.13; 240.15; 240.16; 240.18; 240.23; 240.25
- History: 10 SR 1908
Chapter 7880 ADVANCE DEPOSIT WAGERING
Minn. R. 7880.0010 Scope
This chapter applies to advance deposit wagering providers licensed by the commission under Minnesota Statutes, section 240.131. Advance deposit wagering providers shall not accept wagers from Minnesota residents on races conducted in Minnesota. The activities of a licensed advance deposit wagering provider are deemed to be relevant to the integrity of horse racing activities in Minnesota for purposes of Minnesota Statutes, sections 240.03 and 240.08.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0020 Licensing of Advance Deposit Wagering Providers
Subpart 1. License required.
No person shall offer or accept advance deposit wagers from Minnesota residents after November 1, 2016, unless the person holds a license in good standing as an advance deposit wagering provider under chapter 7877 and complies with all requirements of this chapter and applicable laws and rules.
Subp. 2. Information required at time of application.
In lieu of the information required in part 7877.0110, an applicant for a Class C license to provide advance deposit wagering shall provide the following information to the commission at the time of application:
A. name and address of applicant, including physical address and website or email address;
B. name, title, and contact information of an individual authorized to communicate with the commission on matters relating to the application and license;
C. if an owner is a corporation, partnership, or other business organization, the date and place of its incorporation or organizational filing and an organization chart showing all related business entities;
D. executive summary of current business plan;
E. details of the applicant's corporate structure and copies of current business organizational filings and certificate of good standing in jurisdiction where the entity is registered or incorporated;
F. evidence of approval to conduct advance deposit wagering from the appropriate regulatory authority in the state where the principal office of the advance deposit wagering provider is located;
G. the names, addresses, and dates of birth, and fingerprints if required by the commission, of all key employees and beneficial owners;
H. a complete list of licenses held by the applicant with other racing jurisdictions;
I. list of all criminal, civil, and regulatory actions where the applicant, any key employee or beneficial owner, or any business that had a key employee or beneficial owner in common with the applicant, was the subject of the action;
J. details of racing or gaming-related licenses that have been denied, suspended, or revoked by any racing or gaming jurisdiction, including licenses where any key employee or beneficial owner of the applicant was a key employee or beneficial owner of the entity whose license was denied, suspended, or revoked;
K. written agreements between the applicant and Minnesota licensed racetracks that meet the requirements of Minnesota Statutes, section 240.131, subdivision 3, including written documentation of approval by the applicable horsepersons' groups;
L. copies or summaries of all contracts with Minnesota licensed racetracks that are not related to advance deposit wagering, and an assurance that the commission will be notified of any other agreements or understandings between the licensed racetrack and the applicant, whether oral or written;
M. surety bond or other form of financial security as required by Minnesota statutes or rules;
N. a description of the security measures used to protect account holder information and the integrity of the wagering process;
O. total wagers accepted from Minnesota residents during the two years preceding the application, broken down by zip code if possible;
P. consent to submit to the jurisdiction of Minnesota courts and agencies in any action relating to the subject matter of the license, application, or business with a Class A or Class B license holder;
Q. tax identification number or Social Security number;
R. a description of the applicant's anti-money-laundering policies and procedures; and
S. any other information the commission determines is reasonably necessary to establish the applicant's suitability in compliance with applicable laws or rules for licensure and advance deposit wagering, and to fulfill the commission's duties under Minnesota Statutes, chapter 240.
Subp. 3. Granting of license.
If an applicant for a Class C license to conduct advance deposit wagering submits a complete application that meets all criteria in applicable laws and rules, the commission shall undertake a review of the application and render a written determination on the application consistent with all applicable requirements.
Subp. 4. Changes.
The commission may require changes or additions to the application, or changes to the proposed plan of operation, as a condition of granting a license if reasonably necessary to ensure compliance with applicable laws or rules and to assist the commission in fulfilling its duties under Minnesota Statutes, chapter 240.
Subp. 5. Notification.
After a license is granted, the licensee must notify the commission in writing of any material changes to the information provided during the application process.
Subp. 6. Denial of license.
The commission may deny a license to conduct advance deposit wagering if any of the following conditions exist:
A. the applicant does not submit a complete application or supply all additional information requested by the commission;
B. the commission determines the applicant has intentionally withheld relevant information or provided false or misleading information in connection with the application;
C. the commission determines the bond or other evidence of financial responsibility provided by the applicant is inadequate to ensure the protection of Minnesota account holders and racetracks;
D. the applicant, or any entity with a key employee or owner in common with the applicant, has had a license revoked or denied in Minnesota or another jurisdiction;
E. the key employees or owners cannot sign the affidavit required in Minnesota Statutes, section 240.08, subdivision 2; or
F. the commission determines that licensure would not be in the public interest or would negatively impact the integrity of racing in Minnesota.
Subp. 7. License not transferable.
A license to conduct advance deposit wagering shall not be transferable. An advance deposit wagering provider shall inform the commission any time there is a change in its controlling interest or when any key employee or beneficial owner listed on its original application is no longer a key employee or beneficial owner.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0030 Plan of Operation
Subpart 1. Submission of plan.
An advance deposit wagering provider shall have a plan of operation approved by the commission which addresses the following issues in addition to those listed in Minnesota Statutes, section 240.131, subdivision 5:
A. types of wagering and contests offered and the manner in which wagering and contests will be conducted;
B. methods to be used for pooling wagers;
C. a complete description of the totalizator, transmission, and data processing programs and equipment to be used;
D. processes and procedures implemented to identify and report possible odds manipulation;
E. methods for detecting and deterring the use of accounts for illegal activity;
F. methods for accurately verifying an account holder's identity, age, and residence prior to establishing an account;
G. processes for account holders to make deposits to, and withdrawals from, their accounts;
H. a plan for reporting dormant accounts and unclaimed funds that complies with Minnesota Statutes, sections 345.39 and 345.41; and
I. any other issues determined to be necessary by the commission to carry out its duties under Minnesota Statutes, chapter 240.
Subp. 2. Implementing and amending the plan of operation.
After the plan of operation has been approved by the commission, the licensee must implement and follow the plan of operation and may amend it only with the commission's approval. The commission may withdraw its approval of a plan of operation if the license holder fails to follow the plan or makes material changes that do not meet the requirements of applicable laws or rules.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0040 Establishment of Accounts
Subpart 1. Requirement.
An individual customer of an advance deposit wagering provider must establish an account prior to placing an advance deposit wager. An account may only be established with a licensed advance deposit wagering provider.
Subp. 2. Natural persons.
Accounts shall only be established by natural persons and shall not be transferable between persons.
Subp. 3. Procedure.
To establish an account, an application must be electronically signed or otherwise expressly authorized by the applicant and must contain the following information:
A. the applicant's full legal name;
B. the applicant's primary residence address;
C. the applicant's telephone number;
D. proper identification or certification demonstrating that the applicant is at least 18 years old; and
E. any other information the commission determines is necessary to carry out its duties under applicable laws and rules.
Subp. 4. Applicant and account holder information.
An advance deposit wagering provider may not sell or share an applicant or account holder's information, or use an applicant or account holder's information for any purpose not related to authorized advance deposit wagering, except as authorized by the applicant or account holder.
Subp. 5. Verification of information.
Each application for an account shall be verified with respect to name, primary residence address, and date of birth either by an independent service provider or another means adequate to ensure the accuracy of the information. If the applicant's information cannot be reliably verified, the account shall not be established.
Subp. 6. Notice to applicants.
An advance deposit wagering provider must provide the following information to each applicant when an account is established:
A. the process for funding accounts and making withdrawals from accounts;
B. wagering rules and procedures, methods, and timing of crediting and debiting accounts, and other information that is pertinent to the operation of the account;
C. notice that the account holder may place wagers only on races authorized for pari-mutuel wagering under Minnesota Statutes, chapter 240;
D. a unique account number;
E. notice that an account holder must be at least 18 years old and that individuals under the age of 18 shall not have access to the account;
F. information on responsible wagering and how to obtain assistance with problem gambling, including the contact information for at least one problem gambling assistance program; and
G. procedures for resolving disputes between the account holder and the advance deposit wagering provider.
Subp. 7. Personal identification code.
An account holder shall be required to supply a secure unique personal identification code when establishing an account. The account holder must be required to supply the code when making deposits or withdrawals from the account and when placing a wager. The account holder has the right to change the code at any time.
Subp. 8. Denial of accounts.
Nothing in this chapter prohibits an advance deposit wagering provider from refusing to open an account for reasonable business reasons.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0050 Operation of Accounts
Subpart 1. Deposits.
An account holder may make deposits to the account in the following forms:
A. cash, which may be deposited at financial or retail outlets designated by the advance deposit wagering provider;
B. check, money order, or negotiable order of withdrawal sent to an advance deposit wagering provider;
C. charges made to an account holder's credit or debit card upon authorization of the account holder;
D. electronic funds transfer from an account owned by the account holder, in which case the account holder shall be responsible for any fees imposed by the remitting entity; and
E. any other method approved by the commission.
Subp. 2. Credits.
The following credits shall be posted to an account by the advance deposit wagering provider as soon as practicable after the race is declared official:
A. credit for winnings from wagers; and
B. credit for all refunded wagers as required by the laws and rules applicable to the host track.
Subp. 3. Debit.
Upon receipt of a wager, the advance deposit wagering provider may debit the account in the amount of the wager.
Subp. 4. Suspension or refusal.
Nothing in this chapter prohibits an advance deposit wagering provider from suspending or refusing deposits to an account for reasonable business reasons.
Subp. 5. Disputes.
Disputes between an account holder and an advance deposit wagering provider shall be administered under the dispute resolution procedures contained in the plan of operation approved by the commission. If the advance deposit wagering provider fails to resolve the dispute, the commission may take appropriate action under chapter 7897, or may make claims against the bond or other form of financial security if the commission determines funds are owed to an account holder.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0060 Conduct of Wagering
Subpart 1. Acceptance of wagers.
An advance deposit wagering provider may accept wagers via any wired or wireless communications device, subject to applicable laws or rules and the approved plan of operation.
Subp. 2. No extension of credit.
An advance deposit wagering provider shall not accept wagers from an account holder in excess of the account balance. No credit shall be extended by an advance deposit wagering provider to an account holder.
Subp. 3. Refusal.
Nothing in this chapter prohibits an advance deposit wagering provider from suspending or refusing deposits to an account for reasonable business reasons.
Subp. 4. Information of account holders.
No employee of an advance deposit wagering provider shall use or divulge any information related to the placing of any wager or the operation of any account except as reasonably necessary in the course and scope of the employee's employment with the advance deposit wagering provider or as authorized by the account holder.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0070 Closing of Accounts
Subpart 1. Account holders.
An account holder has the right to close an account at any time for any reason.
Subp. 2. Providers.
Nothing in this chapter prohibits an advance deposit wagering provider from at any time closing an account for reasonable business reasons.
Subp. 3. Inactivity.
An advance deposit wagering provider may close an account on which there has been no activity for at least six months.
Subp. 4. Requirement to close account.
An advance deposit wagering provider shall close an account if it determines:
A. the information used to open the account was false;
B. the account has been used in furtherance of any illegal activity; or
C. the account has been used in violation of any state or federal law or rule. An advance deposit wagering provider shall provide a written report to the commission within 30 days whenever an account is closed pursuant to this subpart.
Subp. 5. Procedures.
Except as provided in subpart 6, whenever an account is closed, an advance deposit wagering provider shall, within seven calendar days:
A. ensure that all required debits and credits have been made; and
B. return to the account holder all money then on deposit by sending a check to the primary residence address of the account holder.
Subp. 6. Account holder deceased.
In the event an account holder is deceased, unclaimed cash balances in the account shall be released to the decedent's legal representative upon receipt of a copy of a valid death certificate, after which the account shall be closed.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0080 Record Keeping and Reporting
Subpart 1. Maintenance of records.
An advance deposit wagering provider shall maintain the following information on each account for a minimum of two years:
A. a record of all deposits, credits, and debits; and
B. a record of all wagers made.
Subp. 2. Providing of records.
Upon request of the account holder, an advance deposit wagering provider shall provide any records it maintains on the account holder's account under subpart 1. Records may be provided in paper or electronic format.
Subp. 3. Other information to be available.
An advance deposit wagering provider shall make an account holder's current account balance available to the account holder at all times.
Subp. 4. Audit.
An advance deposit wagering provider shall allow the commission and its designees to review and audit all records related in any way to its licensure, financial solvency, accounts, and the conduct of wagering by Minnesota residents. Information relevant to the review and audit shall be made available to the commission or its designees upon request and in a format required by the commission.
Subp. 5. Annual financial statement.
A licensed advance deposit wagering provider shall provide an annual audited financial statement to the commission.
Subp. 6. Report.
A licensed advance deposit wagering provider shall report to the commission quarterly all source market fees and other payments made to licensed racetracks, the pari-mutuel activity on which the source market fees were paid, and the number of accounts held by Minnesota residents at the end of the reporting period.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0090 Payments to the State
Subpart 1. Agreement.
A licensed racetrack must negotiate a separate agreement, with the horsepersons organization representing a majority of horsepersons racing at the licensed racetrack, for the apportionment of source market fees set aside for purse accounts and the breeders' fund pursuant to Minnesota Statutes, section 240.131, subdivision 6, paragraph (d). The agreement must be approved by the commission.
Subp. 2. Payment to state.
A licensed racetrack shall remit source market fees set aside for the breeders' fund pursuant to Minnesota Statutes, section 240.131, subdivision 6, paragraph (d), to the state no later than seven days after the end of the month in which it receives the fees from the advance deposit wagering provider.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Minn. R. 7880.0110 Penalties
Subpart 1. Suspension or revocation.
The commission may suspend or revoke a license to provide advance deposit wagering, issue a fine, or deny or withdraw approval of a contract between a licensed racetrack and an advance deposit wagering provider if:
A. the licensee violates applicable laws or rules;
B. the bond or other form of financial security is canceled or expired and not replaced by another form of financial security approved by the commission;
C. the licensee has knowingly provided false or misleading information to the commission or withheld information required to be provided;
D. the licensee has had a license denied, suspended, or revoked in another state;
E. the licensee fails to comply with any conditions on the license imposed by the commission; or
F. the licensee poses a threat to the public interest or the integrity of racing or wagering in Minnesota.
Subp. 2. Contested case hearing.
If the commission suspends or revokes a Class C license to provide advance deposit wagering, the license holder shall have the right to request a contested case hearing under Minnesota Statutes, chapter 14, to be held as set forth in parts 1400.8505 to 1400.8612. The request must be made in writing to the commission by certified mail or personal service. A request sent by certified mail must be postmarked within ten days after the license holder receives the suspension or revocation order from the commission. An appeal sent by personal service must be received by the commission within ten days after the license holder receives the order from the commission.
History
- Statutory Authority: MS s 14.389; 240.131
- History: 41 SR 809
Chapter 7883 HORSE RACES
Minn. R. 7883.0100 Entries and Subscriptions
Subpart 1. Ownership.
When a person is excluded from a racetrack or the person's license is denied, revoked, or suspended, every horse owned in whole or in part or under the care and control of that person shall be ineligible to be entered or start in any race until the horse has been reinstated, either by the expiration of the owner's penalty or by the transfer through bona fide sale to an owner approved by the stewards. Such person whether acting as agent or otherwise, shall not be qualified to subscribe for, or to enter or run any horse in any race either in his or her own name or in that of any other person until expiration of such penalty.
Subp. 2. Horse must be registered and eligible.
No horse shall be permitted to start unless:
A. it is duly registered with and approved by the registry office of The Jockey Club, American Quarter Horse Association, Arabian Horse Registry of America, Inc., or another nationally recognized breed registry. All Thoroughbred horses must also be registered with HISA as provided by HISA Rule 9000h;
B. its registration certificate and Arabian ID Supplement or any supplement relative to other breeds as required showing the lip tattoo number or microchip number of the horse is physically or electronically filed with the racing secretary by scratch time for that race. In stakes races only, a horse shall be allowed to start without the registration certificate on file, if a photocopy or telefacsimile copy of both sides of the foal certificate is on file with the racing secretary. This copy must have been forwarded to the secretary along with a photocopy or a telefacsimile copy of the horse's equine infectious anemia certificate;
C. it is owned by a licensed owner and is in the care of a licensed trainer;
D. at the time of entry, the horse was eligible for the conditions of the race as specified by the racing secretary and it remains eligible until the race;
E. if a horse's name is changed, its new name is registered with The Jockey Club, the American Quarter Horse Association, the Arabian Horse Registry of America, Inc., or the nationally recognized registration organization relative to other breeds and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names must be printed in the official program for those three races;
F. the stakes or entrance money for the horse has been paid; and
G. it is in sound racing condition as determined by the commission veterinarian.
Subp. 2a. Prohibited starters.
No horse shall be permitted to start if:
A. it is wholly or partially owned by, or under the care, custody, or control of, a person who for any reason is unlicensed by the commission;
B. it is on the stewards' list, or veterinarian's list in any racing jurisdiction and not removed from that list;
C. it is on the starter's list or paddock judge's list in any racing jurisdiction and not removed from that list by the other jurisdiction or racing official in Minnesota;
D. it has raced in a qualifying trial for a future race and has received a positive test for any medication. In that instance, the next fastest qualifying horse shall be allowed to enter; or
E. it is a Thoroughbred or Quarter Horse that has raced more than three times in 30 consecutive days.
Subp. 3. Procedure for first-time entrants.
If entered for the first time at a race meeting, a horse shall be identified by stating its name, color, sex, age, and the name of its sire or sires and dam as registered. In every race thereafter, sufficient description shall be deemed to be provided if the name, color, sex, and age of a horse is furnished.
Subp. 4. Entering procedure.
Nominations and entries shall be made in writing and signed by the owner or trainer of the horse, or the owner's authorized agent. Each association shall provide forms on which entries, scratches, and declarations are to be made for all races.
A. The racing secretary and his or her designees are the only persons authorized to receive entries, scratches, and declarations.
B. Entries may be made by telephone or electronic means, but shall be confirmed promptly in writing, signed by the owner or the owner's authorized agent, if requested by the stewards or racing secretary.
C. In the case of sweepstakes, the closing of nominations, entries, interim payments, and declarations shall be in accordance with the conditions published by the association sponsoring the race.
D. A signed entry blank shall be prima facie evidence that the contents of the entry blank express the desires and intent of the person making entry.
E. A jockey must be named on a specific horse at the time of entry.
F. A jockey may only be named on one horse in the body of the race and one also-eligible, Main Track Only, or both.
Subp. 5. Entrance money.
The nominator is liable for entrance money or stakes, and a mistake in the entry of a horse when eligible does not release the subscriber or transferee from liability for stakes or entrance money. Entrance money is not refunded on the death of a horse, nor on its failure to start.
Subp. 6. Prohibited entries.
No person shall:
A. enter in his or her name a horse of which he or she is not the actual owner;
B. enter or cause to be entered, or start a horse which he or she knows or believes to be ineligible or disqualified;
C. enter a horse in more than one race on any day;
D. enter in a race a horse if it is wholly or partly owned by, trained by, or under the management of a person whose license has been revoked or denied and has not been reinstated at the time of entry, or a person who acts in concert with or under the control of such a person. If an entry from any such person is received, the entry shall be void and any money paid to make the horse eligible for the race shall be paid to the winner. An entry may not be taken from a person whose license is under suspension in any racing jurisdiction unless the term of the suspension ends prior to the day of the race for which the entry was made and any other requirements associated with the suspension have been satisfied prior to the entry;
E. enter a horse that is 12 years of age or older;
F. enter a horse that is subject to a lien that has not been approved by the stewards and filed with the horseperson's bookkeeper;
G. enter a horse that is subject to a lease that has not been approved by the stewards;
H. enter a horse that is barred or suspended in any racing jurisdiction;
I. enter a horse that has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate, or altered means of identification;
J. enter a horse that has been treated with any bisphosphonate drug within the past six months;
K. enter a horse that, as of January 1 of the calendar year, is a six-year-old or older maiden or a horse that has not started in two or more years; or
L. enter a horse where all requirements to compete in the entered race are not completed. This includes HISA registration for Thoroughbreds.
Subp. 7. Coupled entries.
Except in stakes races and races which are conditioned for horses eligible for specified stakes, not more than two horses of the same licensed ownership or interest shall be entered and started in a race.
A. No trainer shall enter more than three horses in an overnight event except in split races.
B. All horses owned wholly or in part by the same person, or his or her spouse, shall be coupled and run as an entry. The association may uncouple entries on any race with the permission of the stewards.
Subp. 8. Changing of races.
Each association shall have the right to withdraw or change any race with the permission of the stewards. If a race is declared off because of insufficient entries, the association may split any other race.
Subp. 8a. Cancellation and postponement.
In the case of questionable racetrack or racing conditions due to weather, the HISA safety director shall call a meeting of the chief commission veterinarian, chief steward, agent of the racetrack, and horseperson's representative to determine if cancellation or postponement of races is necessary. The HISA safety director has the final authority to cancel or postpone races.
Subp. 9. Closing of entries.
When an hour for closing is designated, entries and declarations for sweepstakes may not be considered if received afterwards. If an hour is not designated, entries and declarations may be mailed or sent by fax transmission up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.
Subp. 10. Loss of entries.
A person who alleges loss of an entry or declaration in a stakes race must provide satisfactory proof that it was mailed or sent by fax transmission within a reasonable time before the designated time for closing or it shall not be considered received.
Subp. 11. Drawing of entries.
The drawing of entries for post positions shall be governed by the following procedures.
A. When entries exceed the permitted number of starters, the number of starters shall be reduced to the proper number by using the association's established preference date system. The number of starters shall be reduced to the proper number for the entire race or for each division of the race at the option of the association.
B. Each day after the entries have been closed, the racing secretary shall designate from among those licensees present in the entry office a person to draw the entry sheets and a person to shake the post position numbers out of the container. In every case, the entry shall be drawn from its approved receptacle before the number ball is released from the container.
C. In divided races the starters in the separate divisions shall be determined by lot.
Subp. 12. Deceased owners.
Nominations, entries, and rights of nomination and entry of a deceased owner shall be exercisable by and transferable by the deceased's personal representative subject to compliance with all applicable rules of the commission. The personal representative of a deceased owner shall be deemed to hold an owner's license with respect to horses belonging to the estate of the deceased until the commission declares that such owner's license is no longer in effect.
In the case of the death of a member of a multiple owner, nominations, entries, and rights of nomination and entry shall continue and may be exercised by the remaining members of the multiple owner or any of them.
Nominations and all entries or rights of entry under them become void on the death of the nominator, except in cases of multiple owners, or except with approval of the stewards when the personal representative of an estate in writing requests that the benefits of the nominations accrue to the estate of the deceased nominator for the purpose of selling or transferring a horse, and such representative agrees to assume any and all obligations incident to the original entries.
Subp. 13. Prohibitions on horses sold or transferred with engagements.
Should a horse be sold with engagements, the seller shall not strike the horse out of any such engagements.
If, when a horse is sold or transferred or deemed to be sold or transferred with its engagements, the racing secretary requires evidence of such sale or transfer, the failure to produce such evidence shall render the horse ineligible to start in any stakes race.
No person shall make or receive the transfer of a horse or engagement for the purpose of avoiding disqualification.
Subp. 14. Responsibility for eligibility.
A trainer shall be responsible for the eligibility of horses entered by him or her or his or her authorized agent, and an owner shall be responsible for the eligibility of horses personally entered by the owner.
Subp. 15. Horse must be properly entered.
A horse shall not be qualified to start in any race unless it has been and continues to be properly entered therein. A horse which is improperly entered shall not be entitled to any part of the purse, but once the "Official" sign is posted, this rule shall in no way affect the wagering on the race.
Subp. 15a. Approval for blinkers.
No horse, to which blinkers will be added or removed, may be entered in any race without the prior written authorization of the starter. This authorization must be noted on the entry. Approval of the stewards must be obtained for any horse to which blinkers will be added or removed, prior to entry in a race. Once approved by the stewards, no changes may be made in the use of blinkers without approval of the stewards. Error in this procedure may be corrected only with the permission of the stewards.
Subp. 16. Workout requirements.
In order to be eligible:
A. A Thoroughbred horse that has not started for a period of 46 days or more is not eligible to start until it has completed one timed workout within 45 days of and no less than 48 hours prior to the race in which it is entered. A Thoroughbred horse that has not started for a period of 61 days or more is not eligible to start until it has completed two timed workouts within 60 days and no less than 48 hours before the race in which it is entered. Any workout following the entry of a horse shall appear on the official daily racing program or shall be posted for the public.
B. A Quarter Horse that has not started for a period of 46 days or more is not eligible to start until it has completed one timed workout within 45 days of and no less than 48 hours prior to the race in which it is entered. A Quarter Horse that has not started for a period of 61 days or more is not eligible to start until it has completed two timed workouts within 60 days of and no less than 48 hours before the race in which it is entered. Any workout following the entry of a horse must appear on the official or daily racing program or must be posted for the public.
C. A first-time starter less than four years of age must have gate approval and a minimum of two timed workouts, one of which must be out of the gate, no more than 60 days prior to and no less than 48 hours before the race in which it is entered.
D. A first-time starter four years of age or older must have gate approval no more than 60 days prior to the race in which it is entered, and a minimum of three timed workouts, at least one of which must be out of the gate no more than 60 days prior to the race in which it is entered, and one of which must be an official timed workout observed and approved by a commission veterinarian, no more than 45 days prior to the race for which the horse is entered, and no less than 48 hours before the race in which it is entered.
E. A horse, other than a first-time starter, which has not started for a period of more than one year shall not be eligible to start until it has completed three timed workouts, at least one of which must be an official timed workout observed and approved by a commission veterinarian no more than 45 days prior to the race for which the horse is entered.
F. A horse that has not started for more than 180 days and less than 365 days must be placed on a restricted list and must have an examination by a commission veterinarian prior to racing. No workout will be required unless the horse is determined to be unsound by the commission veterinarian.
G. Official timed workouts shall be conducted under the same medication and testing rules applicable to racing. A horse is not eligible to be entered in a race until negative results of post-workout medication testing have been returned to a commission veterinarian.
H. For all county fairs in which the average daily handle for the preceding year was less than $150,000 all workout requirements shall be waived except that in the case of a horse that has not started for a period of one year, the owner or trainer must contact a commission veterinarian prior to entry for an examination and workout as determined by a commission veterinarian.
I. For the purpose of removing a horse from the veterinarian's list, all workouts must be conducted under the same medication requirements as those for race days.
J. A Quarter Horse that has not previously started at a distance of 870 yards is not eligible to start in a race scheduled for 870 yards until it has completed one timed workout at a distance of 660 yards or more within 60 days of and no less than 48 hours before the race in which it is entered.
Subp. 17. Refused entries.
The nominations and entries of any person or transfer of any nomination or entry may be refused by the association.
Subp. 18. Protest.
Any time before the running of a race, an owner, trainer, or authorized agent may object to the eligibility of a horse participating in the race by filing a written protest with the stewards.
Subp. 19. Commission's access to entered horses.
The stewards may require an entered horse to be on the grounds of a licensed racetrack anytime prior to the race and remain there until after the race is completed.
Subp. 20.
[Repealed, 50 SR 1117]
History
- Statutory Authority: MS s 240.03; 240.08; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 11 SR 2201; 14 SR 332; 15 SR 2307; 16 SR 2684; 18 SR 886; 20 SR 2592; 22 SR 1785; 24 SR 1568; 25 SR 1609; 26 SR 1438; 28 SR 1482; 33 SR 8; 35 SR 627; 40 SR 29; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 1210; 47 SR 990; 49 SR 497; 49 SR 1123; 50 SR 1117
Minn. R. 7883.0110 Preference System
Subpart 1. Preferred list.
The racing secretary shall keep a list of all horses excluded from races because of too many entries, and such horses are to have preference in any race in which they may afterwards be entered in accordance with the rules adopted by the racing secretary for the meeting and approved by the stewards. This shall be known as the "preferred list."
Subp. 2. In-today horses.
When a horse is entered on one day and has an opportunity to start other than in a stakes race or as a main-track-only entry and is also entered for a subsequent race day, the second entry will be an "in-today" and will not be considered unless the race underfills, nor will such horse be considered on the preferred list.
Subp. 3. Second part of entry preferred over in-today horse.
The second part of an entry shall receive preference over an "in-today" on the also eligible list in case the race overfills.
Subp. 4. Preference forfeited.
No horse's name shall be placed on the preferred list and all preference shall be forfeited if the owner did not accept, when presented, the opportunity of starting.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24; 240.29
- History: 9 SR 2527; 49 SR 497; 50 SR 1117
Minn. R. 7883.0120 Scratches and Nonstarters
Subpart 1.
[Repealed, 46 SR 1210]
Subp. 1a. Stewards must approve scratching horses.
A. No horse may be scratched from a race without permission of the stewards.
B. Notwithstanding subpart 2, item B, the stewards may permit the withdrawal of any horse after the jockey has weighed out for any reason which the stewards determine to be in the best interests of racing.
Subp. 1b. Procedure for scratching horses.
A. Scratches must be made in writing and signed by the owner or trainer of the horse, the owner's authorized agent, or a commission veterinarian on a form provided by each association.
B. All scratches, excluding stakes races and main track only horses, must be made by the scratch time designated by the association.
C. Horses may be scratched down to a field of eight without penalty. Any horse that scratches below a field of eight horses without a reason allowed by this part must be placed on the stewards' list for a minimum of seven days and may not start until they are off the list.
D. Any racing office request for a scratch must not be allowed unless the horse is coming out of a race to make a race of equal or lesser field size.
E. With the exception of stakes races, a scratch requested by the trainer, owner, or authorized agent on race day is not final until all scratches requested by a commission veterinarian have been submitted and approved by the stewards. Every entered horse must be examined by a commission veterinarian regardless of a potential scratch.
Subp. 1c. Drawing horses into a race from also-eligible list.
A. If a horse is scratched from a race and there is a horse on the also-eligible list for that race, the horse drawing into the race must be assigned a post position according to this subpart.
B. Horses drawing into the race from the also-eligible list must start in the outermost post position.
Subp. 1d. Horse drawn into two races.
A horse drawn into the body of a race that has drawn into the body of another race to be run within seven days or fewer shall be scratched from the first race. Main-track-only and stakes horses are excluded.
Subp. 2. Scratches from stakes races.
A scratch from an early-closing stakes race shall be made not less than 45 minutes before post time of the race.
Subp. 3. Horse must be entered in stakes race.
In a stakes race, if a horse is not named through the entry box at the usual time of closing, the horse is automatically out.
Subp. 4. Nomination may be altered or withdrawn.
A nomination of a horse to a sweepstakes may be altered or withdrawn at any time prior to the closing time for nominations.
Subp. 5.
[Repealed, 46 SR 1210]
Subp. 6. Horse declared nonstarter.
The stewards shall have the authority to declare that a horse is not a starter if they determine that the horse was ineligible to participate in the race or any occurrence before, or during, the running of a race calls for such action by them.
Subp. 7.
[Repealed, 42 SR 1258]
History
- Statutory Authority: MS s 240.03; 240.23; 240.24; 240.29
- History: 9 SR 2527; 14 SR 332; 16 SR 2684; 35 SR 627; 42 SR 1258; 46 SR 1210; 47 SR 990; 49 SR 497; 50 SR 1117
Minn. R. 7883.0130 Penalties and Allowances
Subpart 1. Determining penalties and allowances.
Penalties and allowances shall be determined as follows.
A. Penalties and allowances are not cumulative, unless so declared by the conditions of the race, and shall take effect at the time of starting, except that in overnight events a horse will have only the allowance to which it was entitled at the time of entry.
B. Penalties are obligatory; allowances are optional as to all or part thereof, and in overnight events must be claimed at the time of entry.
C. No horse shall receive allowance of weight nor be relieved from extra weight for having been beaten in one or more races, but this rule shall not prohibit maiden allowance or allowances to horses that have not won a race within a specified period or a race of specified value.
D. Failure to claim a weight allowance by oversight or omission is not cause for disqualification. Claims of weight allowance to which a horse is not entitled shall not disqualify unless such incorrect weight is carried in the race. However, a fine may be imposed upon the person claiming allowance to which his or her horse is not entitled.
E. Eligibility, penalties, and allowances of weight for all races will be determined from the reports, records, and statistics published by the Daily Racing Form, Equibase, or furnished by the Arabian Jockey Club (Colorado), and from information contained on Jockey Club (Lexington) foal certificates, and from certificates issued by the American Quarter Horse Association (AQHA), and the Arabian Horse Registry of America, Inc. (AHRA). Information contained on these certificates that is not published by the Daily Racing Form, or certified by the AQHA, or certified by the Arabian Jockey Club (AJC), will not be considered. Responsibility for weight carried and eligibility still remains with the owner and trainer as provided in part 7883.0100, subpart 15.
F. No horse shall incur a weight penalty for placement from which it is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement. No such placement shall make a horse ineligible to a race which has already been run.
G. When a race is in dispute, both the first- and second-place finishers are liable to all penalties attached to the winner of that race until the matter is decided.
Subp. 2. Scale of weights or weight for age.
Races written to be run under "scale of weights" or "weight for age" shall be run under the following weights:
Subp. 3. Racing secretary may write alternate weights.
It shall be within the discretion of the racing secretary to write races either above or below the "scale of weights."
Subp. 4. Sex allowance.
A. In all races against male horses, except handicaps and races where the conditions expressly state to the contrary, Thoroughbred fillies two years old are allowed three pounds and Thoroughbred fillies and mares three years old and upward are allowed five pounds before September 1 and three pounds thereafter. The sex allowance may not be waived.
B. There is no sex allowance in races for Quarter Horse fillies and mares.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.19; 240.23; 240.24; 240.29
- History: 9 SR 2527; 14 SR 2008; 15 SR 2307; 16 SR 2684; 20 SR 2592; 25 SR 1609; 42 SR 1258; 49 SR 1123
Minn. R. 7883.0140 Claiming Races
Subpart 1. Who may claim.
In claiming races, any horse is subject to claim for its entered price by any person who is eligible to claim or by an authorized agent. The following persons are eligible to claim:
A. Any owner licensed by the commission.
B. An applicant for an owner's license who is approved by the stewards may be granted a claiming authorization. Each application for a claiming authorization must be signed by the prospective trainer who must be licensed by the commission. Under no circumstances shall the claiming authorization be issued until the commission completes a preliminary background investigation. An owner's license will not be granted until after the claiming authorization has been executed and the applicant completes the licensing process. The applicant must complete the licensing process within ten days of executing the claiming authorization. Once the applicant has been granted a claiming authorization, he or she may open an account with the horsepersons' bookkeeper.
Subp. 2. Claiming procedure.
Claims shall be made in writing on a form provided by the association and approved by the commission. Claims shall be signed and sealed in an envelope having no identification marks except:
A. the name of the track;
B. the number of the race from which the claim is being made; and
C. a time stamp provided by the track for that purpose reflecting that the claim was made not less than 15 minutes prior to the post time of the race in which the horse to be claimed is entered.
Subp. 3. Examination of claim envelopes.
The claims clerk shall open the claim box, search for, open, and examine the claim envelopes no more than 15 minutes prior to post time for each race.
Subp. 4. Information shall not be divulged.
No information concerning such claims shall be divulged to anyone other than the racing secretary's staff and the horsepersons' bookkeeper until after the race has been run.
Subp. 5. Multiple claims determined by lot.
If more than one claim is filed for the same horse, the successful claimant shall be determined by lot under the supervision of the stewards or the claims clerk.
Subp. 6. Claims are irrevocable.
Once a claim is deposited in the claim box, the claim cannot be withdrawn or revoked.
Subp. 7. Invalid claims.
A claim is invalid if:
A. the name of the horse to be claimed is erroneously spelled or is not specified in the space provided on the claim form;
B. the claimant does not have at least the amount of the claim and any applicable tax or fee on deposit or credited with the horsepersons' bookkeeper;
C. the claim form does not specify the designated price as printed in the program, or is not signed, or does not fully indicate the name of the party making the claim, or is otherwise incorrectly completed; or
D. the claim envelope is inaccurate.
Subp. 8. Voided claims.
If a claim is voided by the stewards, the horse claimed shall be returned to the original owner who, in turn, shall refund all claim money to the unsuccessful claimant.
The stewards shall void a claim if:
A. the horse dies or is euthanized within one hour of racing;
B. the horse is a Quarter Horse and is placed on the veterinarian's list for exhibiting clinical signs of any of the following within one hour of racing: a musculoskeletal injury, lameness, or unsoundness of heart or lung. However, the claim shall not be voided for this reason if the claimant elected to claim the horse regardless of whether the horse is placed on the veterinarian's list. An election made under this provision shall be made on the claim form. For purposes of this subpart, "unsoundness of heart" means atrial fibrillation or cardiac arrhythmias, and "unsoundness of lung" means recurrent airway obstructive pulmonary disease or bleeding from one or both nostrils; or
C. the horse is a Thoroughbred and is placed on the veterinarian's list within one hour of racing for unsoundness or bleeding. However, the claim shall not be voided for this reason if the claimant elected to claim the horse regardless of whether the horse is placed on the veterinarian's list. An election made under this provision shall be made on the claim form.
Subp. 9. Prohibition on claims.
No person or racing interest shall:
A. claim more than one horse from any one race;
B. claim their own horse or cause such horse to be claimed, directly or indirectly, for their own account;
C. refuse to deliver a claimed horse to the successful claimant;
D. remove any horse which has been entered in a claiming race from the grounds of the association where it has been entered to race, or fail or refuse to comply with any rule or any condition of the meeting for the purpose of avoiding or preventing a claim for such horse;
E. offer or enter into an agreement to claim or not to claim or attempt to prevent another person from claiming any horse in a claiming race;
F. attempt to intimidate or prevent anyone from running a horse in any claiming race;
G. claim horses owned or trained by their trainer or the trainer's spouse, child, sibling, parent, mother-in-law, or father-in-law;
H. claim a horse from an owner whose horse is trained by the claimant's trainer;
I. being a trainer, claim a horse from an owner for whom he or she trains;
J. enter, or allow to be entered, any horse against which any claim is held, either by mortgage or lien of any kind without, prior to entering, having filed the written consent of the holder of the mortgage or lien with the racing secretary and horsepersons' bookkeeper. Notification of the mortgage or lien must be posted in a conspicuous place in both the racing secretary's and horsepersons' bookkeeper's offices; or
K. claim a horse if he or she only leases a horse for racing purposes, unless the claim is executed pursuant to subpart 1, item B.
Subp. 10. Affidavit may be required.
Whenever the stewards have reasonable doubt about the validity of a claim, they shall require a claimant to execute an affidavit stating that the claimant is claiming the horse for the claimant's own account or as an authorized agent, and not for any other person.
Subp. 11. Claimant responsible for determining true age and sex.
Determination of the true age and sex of a claimed horse shall be the sole responsibility of the claimant, and mistakes in that regard printed in the official program or elsewhere shall not be considered a basis for invalidating the claim.
Subp. 12. Ineligibility of bred mare.
If a filly or mare has been bred and is in foal, she is ineligible to be entered into a claiming race.
Subp. 13. Foal certificates remain in custody of racing secretary.
The foal certificate or eligibility papers of a claimed horse shall remain in the custody of the racing secretary until the new owner removes the horse from the grounds of the association.
Subp. 14. Stakes engagements transfer to claimant.
The stakes engagements of a claimed horse transfer automatically with the horse to the claimant.
Subp. 15. Protest of claim for Quarter Horses.
A. Except for protests involving medication violations in item B, a written protest of a claim that states the basis of the protest must be submitted to the stewards not later than the next racing day after the race was run. The stewards shall investigate the matter as soon as reasonably possible and determine the validity of the protest.
B. A postrace test shall be conducted on any claimed horse in compliance with chapter 7890. The claimant may request voidance of the claim if the initial forensic analysis of the test sample demonstrates a medication violation under chapter 7890. Upon receipt of notification from a commission veterinarian of a medication violation involving a claimed horse, the stewards shall immediately notify the successful claimant who shall then have 72 hours to decide whether to keep the horse or request that the claim be voided. Within 12 hours of a notification of a medication violation from the stewards, the original trainer must provide the new trainer, on a commission form, the name of the specific medication involved. A copy of the completed form must be provided to the stewards within 24 hours.
C. When a request is made to void any claim under item A or B, the successful claimant is responsible for all expenses incurred for the care of the claimed horse from the time the horse is transferred to the claimant until the time the horse is ordered returned to the prior owner following voidance of the claim by the stewards in accordance with this rule.
D. Voidance of a claim is not an option if, after coming under the care, custody, and control of the claimant, the horse has already run for the claimant or has died.
Subp. 15a. Protest of claim for Thoroughbreds.
Claims protested for Thoroughbred horses are controlled by HISA rules, which are incorporated by reference in part 7869.0200, subpart 2a.
Subp. 16. Title to claimed horse.
Title to a horse which is claimed shall be vested in the successful claimant at the time the field has been dispatched from the starting gate and the horse becomes a starter, and the successful claimant becomes the owner of the horse whether it is sound or unsound, or injured during the race or after it, except as specified in subpart 8. Only a horse that is officially a starter in the race may be claimed. A subsequent disqualification of the horse by order of the stewards or the commission shall have no effect upon the claim.
Subp. 17. Horse shall run in interest of owner.
On the day claimed, a claimed horse shall run in the interest of and for the account of the owner from whom the horse was claimed.
Subp. 18.
[Repealed, 40 SR 29]
Subp. 19. Delivery and responsibility for postrace analysis.
A trainer whose horse has been claimed is responsible for the horse until after collection of the blood, urine, or hair specimens at the detention barn where delivery shall be made to the successful claimant, trainer, or employee of the claimant or trainer.
Subp. 20.
[Repealed, 33 SR 8]
Subp. 21.
[Repealed, 20 SR 2592]
Subp. 22. Claimed horse shall race at track claimed.
A. No claimed horse shall race at any other racetrack unless:
B. The restrictions on claimed horses racing at another track may be waived if the horse is entering a race to fulfill stakes engagements or by request of the association's racing secretary with the written approval of the stewards.
Subp. 23. Claimed horse shall not be transferred.
No horse claimed in a claiming race shall be sold or transferred wholly or in part to anyone within 30 days after the day it was claimed, except in another claiming race.
Subp. 24.
[Repealed, 40 SR 29]
Subp. 25.
[Repealed, 40 SR 29]
Subp. 26. Claiming authorization.
The commission or its appointed representatives shall issue a claiming authorization to any person who makes application therefor on forms prescribed for that purpose and who:
A. Meets all the requirements for the issuance of an owner's license, except that the applicant need not own a horse or have any previous experience in racing.
B. Has an agreement with a licensed trainer to take charge of, care for, and train any horse claimed pursuant to the claiming authorization. The holder of a claiming authorization and the trainer shall each promptly notify the stewards in writing if such agreement is terminated before a horse is successfully claimed.
C. Has at least the amount of the claim on deposit or credited with the horsepersons' bookkeeper.
Subp. 27. Claiming authorization valid for calendar year.
A claiming authorization shall be valid for the calendar year in which it is issued, or until such time as the person to whom the authorization was issued becomes a horse owner either through use of the claiming authorization or through private purchase.
Subp. 28. Claiming authorization fee.
The same fee charged for an owner's license shall be payable to the commission by the applicant prior to issuance of a claiming authorization. The holder of a claiming authorization shall not, by virtue thereof, be entitled to admission to the grandstand, clubhouse, or other spectator facility at prices less than those charged the general public. A holder of a claiming authorization who has not previously been granted an owner's license will be issued an owner's license without payment of any additional fees.
An application for claiming authorization may be denied or revoked for any reason that would justify denial, suspension, or revocation of an owner's license. Any person whose claiming authorization is denied or revoked shall have the same rights to notice and hearing as an owner whose license is denied, suspended, or revoked.
Subp. 29.
[Repealed, 33 SR 8]
Subp. 30.
[Repealed, 40 SR 29]
Subp. 31. Waiver claiming rule.
At the time of entry into a claiming race, the owner may opt to declare a horse ineligible to be claimed provided:
A. the horse has been laid off and has not started for a minimum of 120 days since its last race;
B. the horse's last race as an official starter was a claiming race in which the horse was eligible to be claimed; and
C. the horse is entered for a claiming price equal to or greater than the price at which it last started. Failure to declare the horse ineligible at the time of entry may not be remedied and the ineligibility shall apply only to the first start following each such layoff.
Subp. 32.
[Repealed, 42 SR 1258]
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 12 SR 2393; 14 SR 2008; 15 SR 2307; 16 SR 2684; 19 SR 2307; 20 SR 2592; 21 SR 1407; 25 SR 1609; 33 SR 8; 34 SR 1135; 40 SR 29; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 1210; 47 SR 990; 49 SR 497; 49 SR 1123
Minn. R. 7883.0150 Paddock to Post
Subpart 1. Horses must have identifying equipment.
In a race, each horse must carry a conspicuous saddlecloth number corresponding to its number on the official program. In the case of any coupled entry, each horse making up the coupled entry shall carry the same number as the first part of the entry, along with a distinguishing letter; for example: 1, 1a, or 1b.
Subp. 2. Trainer to have horse in paddock.
A trainer shall have his or her horses in the paddock not less than 20 minutes before post time. The trainer shall also attend his or her horse in the paddock and be present to supervise its saddling, unless he or she has obtained permission of a steward to send an assistant trainer or another trainer as a substitute. Every horse must be saddled in the paddock unless permission has been granted by the stewards to saddle elsewhere.
Subp. 3. Bandages and blankets.
Immediately upon arrival in the paddock, all blankets and bandages, except those bandages that will be worn during a race, must be removed. Should weather conditions so dictate, blankets may be worn after saddling with permission of the paddock judge. After saddling, all horses must be walked to allow a satisfactory examination. Bandages that will be worn during a race must not be fastened with safety pins or metal/plastic binders of any kind. No soft cast or gelatinous bandages may be used under the bandages worn during a race.
Subp. 4. Horses excused from parading.
The stewards may permit a horse to be excused from parading with the other horses and be led to the post, but such horse shall nevertheless pass the stewards' stand on its way to the post.
Subp. 5. Lead ponies.
Lead ponies and their riders shall be permitted to enter the saddling paddock or walking ring only with the permission of the stewards.
Subp. 6. Duration of post parade.
After entering the course not more than 14 minutes shall be consumed in the parade of the horses to the post except in cases of unavoidable delay. After passing the steward's stand once, horses will be allowed to break formation and canter, warm up, or go as they please to the post unless otherwise directed by the stewards. When the horses have reached the post, they will be started without unnecessary delay.
Subp. 7. Horses must be free of attendants.
After the horses enter the course, no jockey shall dismount and no horse shall be entitled to the care of an attendant without consent of the stewards or the starter, and the horse must be free of all hands other than those of the jockey or assistant starter before the field is dispatched by the starter. In case of accident to a jockey or to his or her mount or equipment, the stewards or the starter may permit the affected jockey to dismount and the horse to be cared for during the delay, and may permit all other jockeys to dismount and all other horses to be attended during the delay.
Subp. 8. Horse must carry weight from paddock to post.
Each horse must carry its assigned weight from paddock to post and from post to finish. If a jockey is thrown on the way from the paddock to the post, the horse must be remounted, returned to the point where the jockey was thrown, and then proceed over the route of the parade to the post.
Subp. 9. Injury to jockey.
If the jockey is so injured on the way to the post to require substitution of another jockey, the horse shall be returned to the paddock, or the winner's circle or other area designated by the stewards, another jockey mounted, and then ridden over any uncompleted portion of the exact route of the parade to the starting point.
Subp. 10. Horse leaves race course.
If a horse dislodges a rider, leaves the course when moving from paddock to post, and is out of sight by the stewards or track veterinarian, it shall be deemed an automatic steward scratch.
Subp. 11. No willful delays.
No person shall willfully delay the arrival of a horse at the post.
Subp. 12. Prohibition on assisting a start.
No person other than the jockey, starter, or assistant starter shall be permitted to strike a horse or attempt by shouting or otherwise to assist it in getting a start.
Subp. 13. Farrier in paddock.
The association must ensure that a commission-licensed farrier is in the paddock or receiving barn and available to perform the duties of a commission-licensed farrier during the time of live horse racing.
Subp. 14. Flipping halters.
A. Any horse entered to race with a flipping halter must arrive in the paddock with the halter in place under the bridle. For purposes of this subpart, a "flipping halter" means a device used to prevent a horse from rearing up inside the starting gate.
B. There shall be no refund of wagering because a flipping halter prevents the starting gate from opening properly.
Subp. 15. Tongue ties.
Tongue ties tied so tightly that the tongue appears blue or purple when the horse reaches the saddling paddock must be loosened before the horse may be saddled. The paddock veterinarian is responsible for determining if a tongue is tied too tightly.
Subp. 16. Questionable weather events.
For the purposes of tracking the following weather events, the Air Quality Index (AQI) must be monitored via https://www.airnow.gov or via the AirNow application. The heat index must be monitored via https://www.osha.gov/heat/ or via the Occupational Safety and Health Administration (OSHA) heat index application. The My Lightning Tracker Pro application must be used to measure lightning strikes within a set number of miles from the racetrack. National Oceanic and Atmospheric Administration (NOAA) weather reports and the National Weather Service RADAR must be used to confirm weather patterns and directions.
A. When the AQI for the racetrack's zip code is elevated due to an extreme air pollutant event, including when smoke from wildfires is forecasted or detected, the following procedures must be followed:
B. When the heat index for the racetrack's zip code is projected to reach 105 degrees Fahrenheit or higher for more than two consecutive hours, the chief commission veterinarian must recommend to the association that horse racing be postponed or canceled.
C. When lightning first strikes within an eight-mile radius of the racetrack, the following procedures must be followed:
History
- Statutory Authority: MS s 240.03; 240.08; 240.13; 240.15; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 14 SR 2008; 22 SR 1785; 25 SR 1609; 33 SR 8; 40 SR 1393; 42 SR 1258; 46 SR 1210; 49 SR 1123; 50 SR 1117
Minn. R. 7883.0160 Post to Finish
Subpart 1. Thoroughbreds and Quarter Horses must be tattooed physically or be microchipped and tattooed digitally.
No Thoroughbred or Quarter Horse shall be permitted to start unless it has been tattooed physically or has a microchip and been tattooed digitally and fully identified.
Subp. 2. Loading in starting gate.
The starter, with approval of the stewards, shall determine the procedures for loading horses into the starting gate.
Subp. 3. Horse deemed a starter.
A horse is a starter for all purposes of the commission's rules when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses in a valid start.
Subp. 4. All horses shall be ridden out.
All horses shall be ridden out past the finish line in every race and must carry their assigned weight from the post to finish.
Subp. 5. Horse shall not leave course.
If during a race a horse leaves the course, it shall be disqualified.
Subp. 6. Interference and willful fouling.
Items A to E apply with respect to the running of a race.
A. When clear, a horse may be taken to any part of the course but no horse shall cross or weave in front of other horses in such a way as to impede them or constitute or cause interference or intimidation such that it would affect the outcome of the race.
B. If a horse or jockey jostles another horse such that it would affect the outcome of the race, the aggressor may be disqualified, unless the jostled horse or its jockey was partly at fault, or the jostling was wholly caused by some other horse or jockey.
C. During a race no jockey shall willfully or carelessly strike or touch another jockey or another jockey's horse or equipment with the effect of interfering with that horse or jockey, nor shall a jockey strike the jockey's horse on or about the head area.
D. For willful fouling or careless riding, a jockey may be fined or suspended, or both, by the stewards according to the nature and seriousness of the offense.
E. A jockey whose horse has been disqualified or who unnecessarily caused the horse to change or shorten its stride for the purpose of losing a race may be fined or suspended.
Subp. 6a. Use of riding crop.
Items A to E apply with respect to the use of a riding crop.
A. A jockey shall use a riding crop in a manner consistent with using the jockey's best efforts to win.
B. A jockey must not use the riding crop indiscriminately.
C. A jockey must not strike a horse more than three consecutive times without pausing to only push on the horse giving it a chance to respond before using the riding crop again.
D. Jockeys are prohibited from striking a horse:
E. Correct uses of the riding crop are:
Subp. 7. Determination of disqualifications.
The stewards are vested with sole and complete power and authority to determine when a disqualification is proper, its extent, and whether it applies to any other part of an entry. Their decision is final.
A. In determining the extent of disqualification of a horse in any race, the stewards may either place the disqualified horse behind such horse as in their judgment the disqualified horse interfered with, or they may place it last.
B. When a horse of one ownership or interest is coupled with a horse or horses of the same or another ownership or interest, the disqualification of one will not necessarily affect the placing of the other.
C. When two horses with a common ownership interest or common trainer are racing uncoupled and one is disqualified, the stewards shall also disqualify any other commonly owned or trained horse if they determine it is in the interest of racing integrity to do so.
D. In the event of a disqualification, the stewards, at the request of the owner of the disqualified horse, shall review the race with that owner within 72 hours of the race.
Subp. 8. Best effort must be made.
All jockeys are expected to give their best efforts in races in which they ride, and any instructions or advice to jockeys to ride or handle their mounts otherwise than for the purpose of winning are prohibited and will subject all persons giving or following such instructions or advice to disciplinary action by the stewards and commission. If two horses run in one interest in any race, each must give their best effort.
Subp. 9. Protests.
Protests with regard to the running of the race shall be made only by the owner, trainer, or jockey of the horse alleged to be aggrieved, and must be made to the stewards, the outriders, or the clerk of scales immediately after the running of the race. An owner, trainer, or jockey who makes a frivolous protest may be fined.
Subp. 10. No assistance to jockey.
No person shall assist a jockey in removing from his or her horse the equipment that is to be included in the jockey's weight, except by permission of the stewards.
Subp. 11. Coverings prohibited.
No person shall throw any covering over any horse at the place of dismounting until the jockey has removed the equipment that is to be included in his or her weight.
Subp. 12. Dead heats.
Dead heats shall be governed in the following manner.
A. When two or more horses run a dead heat, the dead heat shall not be run off.
B. In a dead heat for first place, each horse shall be considered a winner.
C. When two or more horses finish in a dead heat and a protest is made and allowed against a horse having finished in front of the dead heat, the horses which ran the dead heat shall be deemed to have run a dead heat from the higher position.
D. Owners of horses in a dead heat for any position shall divide equally all money and other prizes, and if no agreement can be reached as to which of them shall receive a cup, plate, or other indivisible prize, they shall draw lots for it in the presence of one or more of the stewards.
Subp. 13. Race declared no contest.
If a race has been run by all the horses at the wrong weights or over a wrong distance, and if a protest is made and allowed before the flashing of the "Official" sign on the totalizator board, the stewards shall declare the race no contest.
Subp. 14. Horse becomes disabled or otherwise unable to finish.
Items A to E apply if a horse during the running of a race becomes disabled or otherwise obviously unable to finish.
A. The horse shall be dismounted, unsaddled by the jockey or another commission licensee, and removed from the course by horse ambulance. A horse observed by a regulatory veterinarian to be bleeding excessively during or immediately after a race must be transported by horse ambulance to the detention barn for further examination.
B. If a bone is broken, the horse shall remain on the course until the horse ambulance arrives and the horse is removed under the direction of the commission veterinarian or association veterinarian.
C. If euthanasia of the horse is determined necessary, the euthanasia shall be performed by a veterinarian licensed by the commission through the use of a needle preferably in a place out of vision of the public. If euthanasia within view of the public is necessary, an ambulance screen must be used. Removal of the horse after euthanasia shall be the responsibility of the association.
D. If euthanasia of a horse is determined necessary, the jockey will not be required to weigh in.
E. The stewards shall be notified after euthanasia has been performed.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24; 240.29
- History: 9 SR 2527; 13 SR 38; 16 SR 2684; 18 SR 886; 19 SR 2307; 20 SR 2592; 31 SR 1277; 33 SR 8; 35 SR 627; 40 SR 29; 41 SR 1322; 42 SR 1258; 44 SR 1047; 49 SR 497; 49 SR 1123; 50 SR 1117
Minn. R. 7883.0170 Racing Equipment
A. Equipment.
B. Once inspected and approved by the stewards, no changes may be made in the equipment covered by this part, without subsequent approval of the stewards.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 18 SR 886; 33 SR 8; 34 SR 1135; 36 SR 10; 40 SR 29; 49 SR 1123; 50 SR 1117
Chapter 7884 HARNESS RACES
Minn. R. 7884.0100 Scope
In addition to all other applicable rules of the commission, the provisions of this chapter shall apply to harness races.
History
- Statutory Authority: MS s 240.23; 240.29
- History: 9 SR 2527
Minn. R. 7884.0110 Types of Races
Subpart 1. Overnight events.
Each association shall schedule the following types of overnight events:
A. conditioned races;
B. claiming races;
C. preferred races;
D. invitational races;
E. handicap races;
F. open or free-for-all races;
G. schooling races; and
H. matinee races.
Subp. 2. Stakes races.
In addition to overnight events, the association must schedule stakes races.
Subp. 3. Substitute races.
Substitute races may be provided for each race program and shall be so designated in condition sheets and may be used when a regularly scheduled race is not run because of lack of entries.
Subp. 4. Divided races.
Regularly scheduled races or substitutes may, if necessary, be divided. When a race is divided, all horses shall, unless otherwise specified in the conditions of the race, be determined by lot after preference has been applied.
Subp. 5. Postponed races.
All races that are not contested within two days of being postponed shall be canceled.
Subp. 6. Also eligible conditions.
Not more than three also eligible conditions shall be used in writing conditions for overnight events.
History
- Statutory Authority: MS s 240.23; 240.29
- History: 9 SR 2527
Minn. R. 7884.0120 Eligibility and Entering
Subpart 1. Time bars.
No time records or bars shall be used as an element of eligibility.
Subp. 2. Horses to remain eligible.
Horses eligible at the time of entry shall remain eligible for that race regardless of earnings accrued after such entry.
Subp. 3. Mixed race eligibility.
To participate in mixed races, trotting and pacing, a horse must be eligible under the conditions for the gait stated for it in its entry.
Subp. 4. Only purse races considered starts.
The word "start" in a condition includes only those performances in a purse race.
Subp. 5. Races limited to fastest horses.
Eligibility to enter preferred, invitation, junior invitation, handicap, open, or free-for-all races is limited to the fastest horses competing at the meeting. The races shall be subject to the following provisions.
A. Horses shall be posted in the office of the racing secretary and listed with the stewards prior to closing entries.
B. Horses so posted shall not be eligible to enter conditioned races unless the conditions specifically include horses posted to any or all such races.
C. No two-year-old horse is eligible to be placed on the lists to race against older horses until it has won seven races, unless specifically requested by the owner or authorized agent, but the owner or authorized agent may withdraw a request after it has been made.
Subp. 6. Maximum number in field.
The maximum size of fields for all races shall be determined as follows:
A. For overnight events, the maximum number of horses shall be ten on a five-eighth mile track.
B. For stakes races, the maximum number of horses shall be ten on a five-eighth mile track. If the number of horses declared to start exceeds ten on a five-eighth mile track, unless a lesser number of horses is specified in the conditions of the race, the race shall be run in two divisions or elimination heats.
Subp. 7. Conditions precedent to entering.
No horse shall be permitted to enter to race unless:
A. a valid eligibility certificate has been granted or validated for that horse by the USTA, and the eligibility certificate has been physically or electronically filed with the racing secretary;
B. the current ownership of the horse has been registered with the USTA, and the registration papers have been physically or electronically filed with the racing secretary. For purposes of this subpart, a photocopy of the current registration papers will be accepted to the same extent as the original unless:
C. if the horse is leased:
D. the horse has qualified as provided in part 7884.0190;
E. the horse has been lip tattooed, microchipped, or freeze branded;
F. the horse is at least two years old but not older than 14 years old; and
G. if it is a spayed mare, that fact is noted on the program, registration certificate, eligibility certificate, and the list of such horses is posted in the office of the racing secretary.
Subp. 8. Time for closing of entries.
An association shall publish the time for closing of entries on the condition sheets.
Subp. 9. Entries received after closing time not accepted.
An entry received after the specified time of closing shall not be accepted.
Subp. 10. Horse shall be entered at only one racetrack.
The same horse shall not be entered to compete in races scheduled for the same day at different racetracks.
Subp. 11. Entered horse may not be sold or transferred.
After having been drawn to start, a horse shall not be sold or transferred prior to the particular race.
Subp. 12. Change of trainer.
Trainers may be changed only with prior approval of the stewards.
Subp. 13. Horses denied entry.
A. A horse that is on the qualifying list, starter's schooling list, paddock judge's list, or stewards' list in any racing jurisdiction and not removed from that list shall not be entered. A horse on the veterinarian's list with a specified removal date may enter but not race until the removal date has passed. Horses without a specified removal date may not be entered until removed from the list by the commission veterinarian.
B. A horse that has been treated with any bisphosphonate drug within the past six months shall not be entered.
C. Any horse that is barred, suspended, or ineligible for racing in another racing jurisdiction may not be entered.
D. A horse with no documented physiological abnormalities having two consecutive TCO2 concentrations as defined in part 7890.0100, subpart 16b, greater than 35 mmol/L must be placed on a TCO2 restricted list and be unable to enter for seven days. Each subsequent concentration greater than 35 mmol/L must result in the horse being placed on the TCO2 restricted list and unable to enter for 14 days.
Subp. 14. Rejection of entries.
The association may reject the entry into an overnight event of any horse whose past performance indicates that it would be below the competitive level of other horses entered in the particular race.
Subp. 15. Naming of drivers.
Drivers shall be named no later than the time necessary to permit their names to be published in the official racetrack program. The deadline for naming of drivers shall be set by the association, and no driver may be changed after the deadline without the permission of the stewards.
Subp. 16. Entered horse to be on grounds.
All entered horses must be present on the grounds of the licensed racetrack before the race, at a time prescribed by the stewards, that is at least five hours before the first race of the day. Horses participating in nonpurse races must be present two hours prior to post time for the first nonpurse race.
Subp. 17. Commission's access to entered horses.
The stewards may require an entered horse to be on the grounds of a licensed racetrack at any time prior to the race and remain there until after the race is completed.
Subp. 18. Declaring hobbles.
If a horse is qualified with or without hobbles, the trainer has the option of racing the horse with or without hobbles. The trainer shall designate whether the horse will race with or without hobbles at the time of entry. Changing the designation after the horse is programmed to race constitutes an equipment change and must be approved by the stewards and announced to the public.
Subp. 19. Races with a purse less than $30,000.
All races with a purse less than $30,000 must be drawn electronically unless the association requests an exception to this subpart from the executive director. The executive director shall approve the association's request if it is jointly made with the organization representing the majority of horsepersons racing at that race meeting.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24; 240.29
- History: 9 SR 2527; 11 SR 543; 31 SR 1277; 33 SR 8; 34 SR 1135; 42 SR 1258; 44 SR 1047; 46 SR 1210; 47 SR 990; 49 SR 1123; 50 SR 1117
Minn. R. 7884.0125 Entering and Drawing of Horses at Class D Facilities
The entering and drawing of horses at Class D licensed facilities shall be governed by the following:
A. Each Class D licensee must provide a locked entry box with an aperture through which all entries shall be deposited.
B. At the time specified by the licensee, the chief steward, or an official designated by the chief steward, shall unlock the entry box, sort the entries contained in it, and immediately draw the post positions in the presence of owners or an owner's representative as may be present.
C. At all Class D race meets the entry box shall be opened by the chief steward, or an official designated by the chief steward, at the advertised time. The chief steward or official conducting the draw will be responsible to assure that at least one owner or an official representative of the owner is present. No owner or agent for a horse with an entry in the entry box shall be denied the privilege of being present. Under the supervision of the chief steward, or an official designated by the chief steward, all entries shall be listed, the eligibility verified, preference ascertained, starters selected, and post positions drawn. If it is necessary to reopen any race as determined by the chief steward, a public announcement indicating such shall be made no fewer than two times and the entry box reopened at a specific time.
D. Drawing of post positions for the second heat in races of more than one dash or heat at pari-mutuel meetings, may be conducted by the stewards from the stand for succeeding dashes or heats.
E. Entries by mail, telephone, or facsimile actually received and evidence of which is deposited in the entry box before the time specified to enter, shall be drawn in the same manner as the others. Such drawings shall be final. Mail, telephone, or facsimile entries must state the name, age, color, sex, sire, and dam of the horse; the name of the driver and driver's colors; the date and place of last start; a current summary, including the number of starts, firsts, seconds, thirds, earnings, and best winning time for current year; and the event in which the horse is to be entered. It shall state any relevant medication information. It shall be the responsibility of the racing secretary to assure that such entries are signed by the person receiving same.
F. When a Class D licensee requires a horse to be entered at a stated time, failure to enter as required shall be considered a withdrawal from the event.
G. After entries have been made, no horse shall be withdrawn from the race except by permission of the stewards. A fine and/or a suspension shall be imposed for drawing a horse without permission and the penalty shall apply to both the horse and the party who violated this item.
H. Drawings shall be final unless there is conclusive evidence that a horse properly entered was omitted from the race through the error of a track or its agent or employee in which event the horse shall be added to the race but given the last post position, provided the error is discovered prior to either scratch time or the printing of the program; however, in the case of early closers of more than $10,000 and stake and futurity races, the race shall be redrawn. This shall not apply at commercial pari-mutuel meetings in overnight events.
I. Entries shall state who shall drive the horse and give the driver's colors. Drivers may be changed until the time prescribed by the stewards, of the day preceding the race, after which no driver may be changed without permission of the stewards and for good cause. When a nominator starts two or more horses, the stewards shall approve or disapprove the second or third driver.
J. Entries shall state when a horse is to be raced with furosemide and, if it is the first time the horse is to race with furosemide, that information is to be included on the entry.
K. At the time of entry all requirements to compete in the entered race must be completed.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.19; 240.23; 240.24
- History: 19 SR 2307; 25 SR 1609; 31 SR 1277; 49 SR 497
Minn. R. 7884.0130 Preference System
Subpart 1.
[Repealed, 49 SR 1123]
Subp. 1a. Preference date.
Preference dates shall be given to horses in all overnight events at extended pari-mutuel tracks in accordance with the following:
A. The date of the horse's last previous start in a purse race during the current year is the horse's preference date with the following exceptions:
B. When there is more than one division in any race, horses will be split by owners, then by trainers for each division.
C. Items A and B are not applicable at any meeting at which an agricultural fair is in progress. All horses granted stalls and eligible must be given an opportunity to compete at these meetings.
D. Nothing in this subpart shall preclude an extended pari-mutuel track member from adopting a racetrack rule limiting an owner or trainer to one starter in any single overnight event.
Subp. 2.
[Repealed, 11 SR 543]
Subp. 3.
[Repealed, 11 SR 543]
History
- Statutory Authority: MS s 240.03; 240.23; 240.24; 240.29
- History: 9 SR 2527; 11 SR 543; 49 SR 1123; 50 SR 1117
Minn. R. 7884.0140 Coupled Entries
Subpart 1. Horses to be coupled as an entry.
Horses shall be coupled as an entry if:
A. one person, stable, or partnership is the owner of two or more horses in a race;
B. the spouse of a person who is the owner of one horse in a race is the owner of another horse in that race;
C. the spouse of the driver of one of the horses in a race is the owner, trainer, or driver of another horse in that race; or
D. the trainer of one of the horses in a race is the owner or driver of another horse in that race. When a driver participates in a purse race in which the driver has an ownership interest in one or more horses, the driver must drive one of the horses in which the driver has an ownership interest.
Subp. 2. Stewards may designate a coupled entry.
Any two or more horses may be coupled as an entry by the stewards when they consider it in the public interest to do so.
Subp. 3. Split races.
If a race is split into divisions or elimination heats, horses coupled as an entry shall be, insofar as possible, seeded in separate divisions or elimination heats in the following order:
A. owners;
B. trainers; and
C. stables. The divisions or elimination heats in which such horses are to compete, and their post positions, shall be determined by lot.
Subp. 4. Program notes.
The fact that any two or more horses in a race are owned or trained by the same person shall be indicated prominently by the association in the program, whether or not those horses are racing as a coupled entry.
History
- Statutory Authority: MS s 240.03; 240.23; 240.29
- History: 9 SR 2527; 31 SR 1277; 42 SR 1258
Minn. R. 7884.0150 Lost Entries
Subpart 1.
[Repealed, 31 SR 1277]
Subp. 2. Addition to stakes race.
A horse that was nominated or entered in a stakes race, but was inadvertently omitted, shall be added to the race and the race redrawn. Should the addition result in more than the maximum number of starters allowed in a single field, the event shall be divided and the starters in each division and their post positions shall be redrawn by lot.
History
- Statutory Authority: MS s 240.23; 240.29
- History: 9 SR 2527; 31 SR 1277
Minn. R. 7884.0160 Also Eligibles
Subpart 1. Also eligibles to replace excused horses.
If a horse is excused from a race by the stewards, an also eligible horse shall take the post position drawn for the excused horse, except as provided in subpart 5.
Subp. 2. Trainer to be notified.
Also eligibles moved into races shall be posted in the office of the racing secretary and their trainers shall immediately be so notified by the racing secretary.
Subp. 3. Also eligibles released.
Also eligibles not moved into a race by scratch time shall be released.
Subp. 4. Horses drawn in to be scratched from other races.
If an also eligible is moved into a race it shall be scratched from any subsequent race for which it has been drawn, unless preference otherwise allows.
Subp. 5. Handicap races.
In handicap races an also eligible horse shall take the place of the excused horse so long as the handicap is the same. However, if the handicap is different:
A. the also eligible horse shall take the position on the outside of horses with a similar handicap; or
B. when a trailing horse is scratched, the also eligible horse shall take the trailing position, regardless of the handicap.
History
- Statutory Authority: MS s 240.23; 240.29
- History: 9 SR 2527; 11 SR 543
Minn. R. 7884.0170 Scratches
Subpart 1. Stewards to approve scratches.
A horse entered to race shall not be scratched from a race without permission of the stewards. When a request has been made to scratch a horse on the grounds for a veterinary reason, the horse must be examined by a commission veterinarian and the stewards must be notified prior to the scratch becoming official.
Subp. 2. Scratches are irrevocable.
A horse that is scratched from a race shall not be reinstated in that race.
Subp. 3. On advice of veterinarian.
A horse scratched by the stewards on the advice of the commission veterinarian shall not be allowed to race for a minimum of ten days or until approved for entry by the commission veterinarian.
Subp. 4. Scratched as unsound.
Any horse that is scratched by the stewards as unsound during warmup for a race in which the horse is entered must compete in a qualifying race prior to reentry. Horses scratched at other times, dependent upon placement on the official veterinarian's list, may need to qualify or have an official timed workout prior to reentry.
Subp. 5. Horse off grounds scratched.
If a horse is not on the grounds of an association and is scratched from the entries due to illness or injury, the trainer must present written documentation of the necessity of the scratch from a private veterinarian. If such documentation is not presented at the time the horse is scratched, the horse shall be placed on the veterinarian's list for a minimum of ten days from the day the documentation is provided to a commission veterinarian.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24; 240.29
- History: 9 SR 2527; 13 SR 38; 40 SR 29; 42 SR 1258; 46 SR 6; 46 SR 1210; 47 SR 990
Minn. R. 7884.0180 [Repealed, 49 SR 1123]
[Repealed, 49 SR 1123]
Minn. R. 7884.0190 Qualifying Races
Subpart 1. Scheduling of qualifying races.
Weather conditions permitting, qualifying races shall be scheduled at least once a week if the meet extends longer than two weeks and shall be conducted under the supervision of the judges.
Subp. 2. Horses required to compete in qualifying races for race meets longer than two weeks.
If the meet extends longer than two weeks, the following horses shall not be eligible to enter any race until they have competed in qualifying races:
A. A horse that does not have a charted race at the gait chosen.
B. A horse that does not show a charted line within the last six starts. For that purpose an uncharted race contested in heats or more than one dash and consolidated shall be considered to be a start.
C. A horse that does not show a clean charted qualifying line or race line within 44 days. On day 45 the horse is ineligible.
D. A horse which has raced at a meeting at which races were not charted.
E. A horse that is listed on the veterinarian's list as unsound.
Subp. 2a. Horses required to compete in qualifying races regardless of duration of meet.
The following horses shall not be eligible to enter any race until they have competed in qualifying races:
A. A horse that is on the qualifying list.
B. A horse that chokes, bleeds, or falls in the paddock or while going to the track, exiting the track, warming up, or racing.
C. A horse that makes a break on its first start after a qualifying race on a track rated fast or good must qualify regardless of its finishing position. Any horse making a break in two consecutive races on tracks rated as fast or good shall be required to qualify regardless of finishing position.
Subp. 3. Preferred or invitational horses.
The judges may permit a preferred or invitational horse to qualify by means of a timed workout consistent with the time of preferred or invitational races that have been completed at the race meeting.
Subp. 4. Judges may set standards.
The judges may establish a qualifying time for an individual horse consistent with that horse's past performance.
Subp. 5. Qualifying drivers.
If a qualifying race is conducted for the purpose of qualifying drivers and/or to improve a driver's eligibility to move up in class, and not to qualify horses, the race need not be charted, timed, or recorded, but this clause does not apply to races qualifying both horses and drivers.
Subp. 6. Qualifying times shall be posted.
Qualifying times shall be established by the association and those times and any subsequent changes to them shall be approved by the judges and posted so that they are available for inspection by participants.
Subp. 7. Trainers to be notified.
Trainers of horses placed on the qualifying list shall be advised by the judges or their designee of that fact by written notice which must also be posted in the racing office.
Subp. 8. Medications.
A horse participating in a qualifying race for any reason other than removal from the veterinarian's list may be randomly selected for testing under chapter 7892. Tests results do not need to be returned prior to entry. A positive test result reported after the horse has qualified, raced, and earned money shall result in disqualification, loss of purse, and trainer sanctions. A horse participating in a qualifying race for removal from the veterinarian's list must have testing performed and the results must be returned prior to removal from the veterinarian's list.
History
- Statutory Authority: MS s 240.03; 240.08; 240.13; 240.23; 240.24; 240.29
- History: 9 SR 2527; 22 SR 1785; 31 SR 1277; 35 SR 627; 40 SR 29; 42 SR 1258; 46 SR 6; 47 SR 990; 49 SR 497; 49 SR 1123
Minn. R. 7884.0195 Qualifying Races at Class D Licensed Facilities
Horses may qualify under part 7869.0100, subpart 51, item C, "conditioned race," if they have a current race line not to exceed 60 days before entry. Entries for overnight events shall be governed by the following:
A. Within two weeks of being entered, a horse that has not raced previously at the gait chosen must compete in a qualifying race under the supervision of a judge and acquire at least one charted line by a licensed charter. In order to provide complete and accurate chart information on time and beaten lengths, a standard photo finish shall be used.
B. A horse that does not show a charted line for the previous season, or a charted line within its last six starts must compete in a qualifying race as set forth in item A. Uncharted races contested in heats or more than one dash and consolidated according to item D will be considered one start.
C. A horse that has not started at a charted meeting by August first of a season must compete in a qualifying race as set forth in item A.
D. When a horse has raced at a charted meeting during the current season and subsequently started at meetings where the races are not charted, the information from the uncharted races may be summarized including each start, and consolidated in favor of charted lines. The requirements of item B would then not apply.
E. The consolidated line shall carry date, place, time, driver, finish, track condition, and distance if the race is not at one mile.
F. The judges may require any horse that has been on the stewards' list to compete in a qualifying race. If a horse has raced in individual time not meeting the qualifying standards for that class of horses, the horse may be required to compete in a qualifying race. During a season, after starting, if a horse has not started in the last 30 days, the horse must compete in a qualifying race as set forth in item A.
G. The judges may permit a fast-class horse to qualify by means of a timed workout consistent with the time of the races in which the horse will compete in the event adequate competition is not available for a qualifying race. These shall be limited to free-for-all preferred or invitational class horses as defined by the rules of the USTA.
H. To enable a horse to qualify, qualifying races should be held at least one full week prior to the opening of any meeting that opens before the first of July of a season and shall be scheduled at least once a week. Qualifying races shall also be scheduled once a week during the meeting.
I. Where a race is conducted for the purpose of qualifying drivers and not horses, the race need not be charted, timed, or recorded. This item is not applicable to races qualifying both drivers and horses. If a horse takes a win race record in a qualifying race, the record must be prefaced with the letter "Q" wherever it appears, except in a case where, immediately prior to or following the race, the horse taking the record has been given an approved urine or blood test. It will be the responsibility of the presiding judge to report the test on the judges' sheet.
History
- Statutory Authority: MS s 240.23
- History: 19 SR 2307
Minn. R. 7884.0200 Stakes Races
Subpart 1. Conditions.
Conditions for stakes races which are vague, inconsistent, or which conflict with the rules of the commission shall not be published. Conditions shall state whether the race will be:
A. raced in divisions; or
B. conducted in elimination heats if more horses than the maximum allowed to compete in one division are entered.
Subp. 2. Conditions shall not be changed.
Published conditions shall not be changed after nominations have been received, nor shall the date and place of the event be changed after being advertised without the prior consent of the commission.
Subp. 3. Stakes nomination fees.
All nominations to stakes races must be:
A. made in writing;
B. signed by the owner, trainer, or the owner's authorized agent; and
C. made at least five days prior to the race for which the nomination is made.
Subp. 4. Fees are due on business days.
If the day for closing of nomination or sustaining payments falls on a Sunday or legal holiday, the day of closing shall be the next business day.
Subp. 5. Entry fees.
Entry fees shall become due and payable when a horse is properly entered, and the fees are nonrefundable.
Subp. 6. Nominations not affected by sale.
The eligibility of a nominated horse is not affected by the sale of the horse after its nomination has been accepted unless the contrary is specified in the conditions.
Subp. 7. Nomination lists to be provided.
An association shall provide a list of all stakes nominations to each nominator and to the commission within 30 days after the date on which payments were due. The list must be accompanied by a report indicating the current financial status of the race and listing the number of horses remaining eligible and the amounts of nomination and sustaining payments received by the association.
Subp. 8. Minimum number of starters may be required.
An association may require at least five separate interests to start in a stakes race. If fewer horses than the number required are properly entered, the race may be canceled. In that case, the total of nomination and sustaining payments received shall be divided equally among the horses entered without being credited as purse winnings. If no entries are made, the total nomination and sustaining payments shall be divided equally and awarded among the horses remaining eligible after the last sustaining payment, without being credited as purse winnings.
Subp. 9. Restrictions against entering or starting.
Any horse that is on the qualifying, veterinarian, starter's schooling, or stewards' list may be nominated but shall not be eligible to enter or start in a stakes race unless it is removed from those lists before the time of entry.
Subp. 10. Overfilled stakes to be run in divisions.
If more horses than allowed in one field are entered to start a race, the race shall be conducted in divisions or eliminations, as specified in the conditions.
Subp. 11. Stakes races conducted in divisions.
Stakes races conducted in divisions shall be subject to the following:
A. Starters shall be divided by lot with all nomination and sustaining payments divided in equal proportion to the number of entered horses that are drawn to each division.
B. The amount of the additional purse added to each division shall be approved by the stewards.
C. All divisions shall be raced on the same day.
Subp. 12. Stakes races conducted in eliminations.
For stakes races conducted in eliminations:
A. The stewards shall draw by lot the post positions of the horses that have qualified for the final heat.
B. Elimination heats and the final heat shall be raced on the same day, unless the conditions provide otherwise, and in that case, elimination heats shall be contested not more than seven days prior to the date of the final heat.
C. The winner of the final heat shall be the winner of the stakes race, unless the conditions provide otherwise.
D. If there are two elimination heats, the first five finishers in each heat shall qualify for the final heat.
E. If there are three or more elimination heats, three horses from each elimination heat shall qualify for the final heat, in addition to the fastest time of all the fourth place finishers.
F. In all cases, the number of horses allowed to qualify for any final heat shall not exceed ten.
G. The stewards shall draw by lot the post positions for the final heat to determine which of the elimination heat winners shall have the pole position, and shall in that manner determine all of the other positions for the final heat.
Subp. 13. Canceled stakes races.
The following procedures shall be followed when stakes races are canceled.
A. In stakes races that have not been contested before being canceled, all nomination and sustaining fees shall be divided equally among the owners of horses remaining eligible at the time of cancellation.
B. In stakes that have been started but remain unfinished before being canceled, the allotted shares of the remaining nominating, sustaining, and starting fees shall be distributed equally to the owners of all horses remaining eligible at the time of cancellation.
C. Unless otherwise provided in the conditions, canceled stakes races shall not be transferred to another race meeting.
History
- Statutory Authority: MS s 240.23; 240.29
- History: 9 SR 2527; 11 SR 543
Minn. R. 7884.0210 Claiming Races
A. Claiming shall be conducted according to Rule 11 from the current United States Trotting Association (USTA) Charter, Bylaws, Rules and Regulations, but any conflict between the USTA Rule 11 and this chapter will be controlled by this chapter.
B. For claiming prices for harness race horses in standardbred racing, the following allowances shall be applicable with respect to claiming price:
C. No claimed horse shall race at any other racetrack until after the close of the race meeting at which it was claimed, or for 60 days, whichever is shorter, except to fulfill one or more stakes engagements or to race at a county fair meet.
D. The stewards shall void a claim if:
E. If a horse entered in a claiming race is scratched, any claim on the horse is void. In addition, the horse, on the next start in Minnesota, is subject to be claimed at or less than the same claiming price in the race from which it was scratched. This item applies regardless of the conditions of the newly entered race.
F. If a horse that is drawn to start in a claiming race has been declared to start in a subsequent claiming race, a successful claimant, if any, of the horse in the first race shall have the option of scratching the horse from the subsequent race.
G. A trainer whose horse has been claimed is responsible for the horse until after the collection of blood, urine, or hair specimens at the detention barn where delivery shall be made to the successful claimant, trainer, or employee of the claimant or trainer.
H. Postrace testing on all claimed horses shall be performed as set forth in chapter 7892. Upon receipt of notification from a commission veterinarian that the initial forensic analysis demonstrates a medication violation under chapter 7890:
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24; 240.29
- History: 9 SR 2527; 31 SR 1277; 33 SR 8; 40 SR 29; 42 SR 1258; 44 SR 1047; 46 SR 6; 46 SR 1210
Minn. R. 7884.0220 Paddock Procedures
Subpart 1. Horse to be in paddock.
Horses must be in the harness paddock at least one hour prior to post time of the race in which they are to compete and, except for warmup trips, no horse shall leave the paddock until called to post.
Subp. 2. Driver to register.
Drivers shall report to the paddock judge and sign the drivers' register at least one hour before post time of any race in which they are programmed to drive. All drivers must undergo breath analyzer testing when they sign in and be retested if they leave the paddock or drivers' room. After signing the drivers' register, no driver shall leave the paddock or drivers' room, except to drive in a race or to view the races from a point approved by the stewards, until all his or her driving engagements for the day have been fulfilled.
Subp. 3. Persons restricted from paddock.
No person, except an official or an owner who has a horse racing, shall be allowed in the paddock until all races of that program have been completed, and not more than two members of a registered stable may be in the paddock on any race day.
Subp. 4. Blacksmith to be in paddock.
Each association must during racing hours provide the services of a blacksmith within the paddock.
Subp. 5. Extra racing equipment to be in paddock.
Each association must during racing hours provide to the equipment inspector all extra equipment in the paddock that may be necessary in emergencies to prevent unnecessary delay during the conduct of racing.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24; 240.29
- History: 9 SR 2527; 46 SR 6
Minn. R. 7884.0230 Racing Equipment
Subpart 1. Sulkies.
Sulkies must meet the requirements described in United States Trotting Association, rule 18.25.
Subp. 2. Head poles.
No horse may wear a head pole protruding beyond its nose.
Subp. 3. Helmets must be worn.
All persons must wear a protective helmet approved by the Snell Foundation or the United States Department of Transportation with the chin strap properly fastened at all times when racing, jogging, training, or when warming up a horse on the grounds of an association.
Subp. 3a. Safety vest.
A driver must wear a safety vest designed to provide shock absorbing protection to the upper body when participating in an official or qualifying race. The safety vest must equal or exceed a minimum shock absorption rating of five according to the specification established by the British Equestrian Trade Association (BETA).
Subp. 4. Time limit for equipment changes.
No major equipment change may be allowed after 10:00 a.m. on the day of the race without the consent of the stewards, and all such changes must be posted and announced.
Subp. 5. Broken equipment.
All broken equipment must be reported by the driver to the outrider or starter, who must then report it to the paddock judge and the stewards. The paddock judge shall make an examination to verify the allegation.
Subp. 6. Warm-up equipment.
All persons driving a horse must wear silks and white pants when warming up a horse prior to a race. Such horse shall have the proper head number and saddle cloth for the race in which it will be racing.
Subp. 7. Drivers' colors.
Drivers must wear distinguishing colors that include white pants. These colors must be registered with the USTA, Standardbred Canada, or equivalent associations in foreign countries. Drivers shall not be permitted to drive in a race or other public performances unless they are properly dressed, their driving outfits are clean, and they are well-groomed. During inclement weather conditions, drivers must wear rain suits or winter suits either of distinguishing colors or made of transparent material through which their colors may be distinguished.
Subp. 8. Number pads.
Number pads must be returned to the paddock immediately after each warmup and race with no apparent damage or destruction.
Subp. 9. Tongue ties.
Tongue ties tied so tightly that the tongue appears blue or purple when the horse comes onto the track must be loosened before the horse may continue to race. The track veterinarian is responsible for determining if a tongue is tied too tightly.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 31 SR 1277; 33 SR 8; 40 SR 29; 41 SR 1322; 46 SR 6; 50 SR 1117
Minn. R. 7884.0240 Post Time and Starting
Subpart 1. Post time.
The association shall establish the post time for each race and the stewards shall call the horses on the course at a time to prevent delay after the completion of one or two scores.
Subp. 1a. Cancellation and postponement.
In the case of questionable racetrack or racing conditions due to weather, the presiding judge shall call a meeting consisting of an agent of the track member, a representative of the horsepersons, and the chief commission veterinarian to determine if cancellation or postponement of races is necessary. The presiding judge has the final authority to cancel or postpone races. For the purposes of tracking the following weather events, the Air Quality Index (AQI) must be monitored via https://www.airnow.gov or via the AirNow application. The heat index must be monitored via https://www.osha.gov/heat/ or via the Occupational Safety and Health Administration (OSHA) heat index application. The My Lightning Tracker Pro application must be used to measure lightning strikes within a set number of miles from the racetrack. National Oceanic and Atmospheric Administration (NOAA) weather reports and the National Weather Service RADAR must be used to confirm weather patterns and directions.
A. When the AQI for the racetrack's zip code is elevated due to an extreme air pollutant event, including when smoke from wildfires is forecasted or detected, the following procedures must be followed:
B. When the heat index for the racetrack's zip code is projected to reach 105 degrees Fahrenheit or higher for more than two consecutive hours, the chief commission veterinarian must recommend to the association that horse racing be postponed or canceled.
C. When lightning first strikes within an eight-mile radius of the racetrack, the following procedures must be followed:
Subp. 2. Time between single race heats.
The time between separate heats of a single race shall not be less than 40 minutes.
Subp. 3. Horses called to post have exclusive right.
Horses called for a race have the exclusive right to occupy the course, and all the other horses shall vacate the course immediately.
Subp. 4. Scoring.
Horses are permitted to take one or two scores before going to the post, and upon completion of the last score, the horses shall be gathered by the starter and immediately moved to their appropriate starting positions behind the gate.
Subp. 5. Post positions.
The following procedures shall apply to post positions:
A. When a horse is withdrawn from the front tier, horses on the outside shall move in to fill the vacancy.
B. If there is only one trailing horse it may start from any trailing position.
C. If there is more than one trailing horse it shall start from inside the horse with a higher post position.
D. The withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the trailing horses, except as provided for in handicap claiming races.
Subp. 6. Starting gate.
All races shall be started with a mobile starting gate of a design consistent with part 7875.0200, subpart 4, and approved by the commission, and shall be equipped with two-way communications to the stewards and a mechanical loudspeaker for communicating instructions to drivers. No person except the starter, his or her driver, and a patrol judge, shall ride in a starting gate without the permission of the stewards.
Subp. 7. Starter has control of horses.
The starter shall have control of the horses from the formation of the parade until a fair start has been determined.
Subp. 8. Determination of a fair start.
A. A fair start pole shall be erected at a point before the start that is clearly identifiable. The pole shall be distinctive in color in relation to existing pylons and at least two feet above the existing pylons.
B. If a horse has not reached the fair start pole when the horses are released at the starting point by the starter, the judges shall cause the inquiry sign to be displayed immediately and request that any money wagered on that horse be refunded.
C. The determination of a fair start is signified by the word "go" announced by the starter at the starting point. The starting point is a point that shall be marked on the inside rail at a distance of not less than 200 feet from the first turn.
Subp. 9. Conduct of start.
The following procedures shall be observed during the start of a race.
A. The horses shall be brought to the starting gate as near one-quarter of a mile before the start as the course will permit.
B. The starter shall cause the gate to move towards the starting point, gradually increasing speed of the gate to maximum speed.
C. When maximum speed has been reached in the course of a start there shall be no decrease, except in the case of a recall.
D. After the determination by the starter of a fair start all the horses shall race the course, except in the case of an occurrence that in the opinion of the stewards makes it impossible for the horses to race the course.
E. During the start of a race, if a horse is unmanageable or liable to cause an accident or injury to another horse or to a driver, it shall be scratched by the stewards.
F. Subject to the age, experience, and post position of the horse and the condition of the racetrack, during extended pari-mutuel meetings, each horse in the first tier shall approach the starting gate in concert with the other horses in the field and shall be on the gate at the start. If the judges deem that a driver has intentionally laid off the gate and then charged it near the start in order to gain an advantage at the start, the driver shall be fined or suspended or both.
Subp. 10. Helmets and safety vest to be worn.
No person shall ride or drive a horse on the racing track surface without a properly fastened protective riding helmet and safety vest.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24; 240.29
- History: 9 SR 2527; 40 SR 29; 46 SR 1210; 49 SR 497; 50 SR 1117
Minn. R. 7884.0250 Recalls
Subpart 1. Starter may at any time order a recall.
The starter may, at any time before the word "go" is given, order a recall and restart the race. If a second recall is sounded because of the same horse, that horse shall be scratched.
Subp. 2. Reasons for recall.
The starter shall sound a recall for the following reasons:
A. a horse scores ahead of the starting gate;
B. there is interference before the word "go" is given;
C. a horse has broken equipment observed by the starter; or
D. a horse falls before the word "go" is given.
Subp. 3. Recall procedures.
In case of a recall:
A. a light, plainly visible to the drivers, shall be flashed and a recall sounded;
B. if possible, the starter shall leave the wings of the starting gate open and gradually slow the speed of the gate to assist in stopping and turning the field; and
C. drivers shall take up their horses and return, without delay, to the point where the field is gathered for starts.
Subp. 4. Inquiry into failure to sound recall.
A. If the starter fails to sound a recall when required, the stewards shall immediately cause the "Inquiry" sign to be displayed. If the stewards determine a horse was interfered with before the word "go" was given, wagers on that horse shall be refunded and the horse shall be declared racing for purse money only.
B. When interference occurs before the start of a race and no recall is sounded by the starter, the stewards must make placings in the same manner used for interference during any part of the race.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24; 240.29
- History: 9 SR 2527; 42 SR 1258; 49 SR 1123
Minn. R. 7884.0260 Driving Rules
Subpart 1. Conduct before word "go" is given.
Before the word "go" is given, no driver shall:
A. delay a start;
B. pass the inside or the outside wing of the gate;
C. come to the starting gate in the wrong position;
D. cross over before reaching the starting point;
E. interfere with another horse or driver during the start; or
F. fail to come up into position and on the gate.
Subp. 2. Conduct after word "go" is given.
After the word "go" is given, no driver shall:
A. change course or position, swerve in or out, or bear in or out, during any part of the race in a manner that will compel another horse to shorten its stride or cause another driver to change course;
B. take his or her horse back or pull his or her horse out of its stride;
C. impede the progress of another horse or cause it to break from its gait;
D. cross over too sharply in front of another horse;
E. crowd another horse by "putting a wheel under it";
F. carry another horse out;
G. strike or hook wheels with another sulky;
H. allow another horse to pass needlessly on the inside, or commit any other act that helps another horse to improve its position;
I. take up or slow abruptly in front of other horses as to cause confusion or interference among the trailing horses;
J. lay off a normal pace and leave a hole when it is well within his or her horse's capacity to keep the hole closed;
K. drive in a careless, reckless, or unsatisfactory manner or fail to maintain complete control of the horse at all times;
L. fail to set or maintain a pace comparable to the class in which he or she is racing, considering track conditions, weather, and circumstances of the race;
M. fail to properly contest an excessively slow pace;
N. back off from any position and subsequently come on when challenged;
O. fail to report any interference or any other infraction that occurred during a race and was observed by him or her;
P. lodge a claim of foul, violation of the rules, objection, or complaint which the stewards consider frivolous;
Q. drive a horse in a manner that prevents it from winning a race;
R. drive a horse to perpetrate or aid in a fraud or corrupt practice;
S. drive a horse in an inconsistent manner;
T. violate the whip requirements of subpart 13;
U. punch, jab, or kick a horse;
V. allow his or her horse to break from its gait for the purpose of losing a race;
W. fail to keep a line in each hand, with both hands in front of the driver, until the finish of the race;
X. lay back at an angle greater than 45 degrees; and
Y. use any exaggerated movement of either arm while urging the horse. Arms must stay below shoulder level at all times while urging a horse during the race.
Subp. 3. Breaks.
When a horse breaks from its gait the driver shall:
A. take the horse to either the inside or outside of other horses where clearance exists;
B. properly attempt to pull the horse to its gait; and
C. drop back from the field while on the break.
Subp. 4. Lapped on break.
If there has been no violation of subpart 3, the stewards shall not place the horse unless a competing horse on its gait is lapped on the hind quarter of the breaking horse at the finish. Placing a horse is at the discretion of the stewards and not necessarily required, even when there is an extended break.
Subp. 5. Breaks to be reported.
Stewards shall record each break in the official race reports.
Subp. 6. Drivers must remain mounted.
A driver must be mounted in his or her sulky from the start to the finish of the race or the horse he or she is driving shall be disqualified.
Subp. 7. Use of stirrups.
After the word "go" is given, barring mishap, both of the driver's feet must be kept in or in contact with the stirrups, posts, or pegs until the race has been completed. At no time during the race should the driver's foot or feet contact any part of the horse's body. Notwithstanding this provision, a driver may use his or her feet as necessary to remove a horse's earplugs.
Subp. 8. Claim of foul.
A driver who desires to enter a claim of foul, violation of the rules, or other complaint shall notify the nearest patrol judge and shall proceed forthwith to the paddock telephone to communicate immediately with the stewards, unless the driver is prevented from doing so by an accident or injury or other reasonable excuse.
Subp. 9. Stewards shall view complaint.
The stewards shall not cause the "Official" sign to be posted until the circumstances surrounding a claim of foul, violation of the rules, or other complaint has been viewed and decided.
Subp. 10. Stewards to determine extent of violation.
The stewards shall determine the extent of the alleged violation and may place the offending horse either behind the horses that in their judgment were interfered with, or last in the field. The stewards' discretion applies to all placings and their determination is final.
Subp. 11. Pylon violations.
A. A horse while on stride, or part of the horse's sulky, that leaves the race course by going inside the pylons which constitutes the inside limits of the course, when not forced to do so as a result of the actions of another driver or horse, shall be in violation of this subpart. In addition, when an act of interference causes a horse, or part of the horse's sulky, to cross inside the pylons and the horse is placed by the judges, the offending horse shall be placed behind the horse with which it interfered.
B. For purposes of placing, the following apply:
Subp. 12. Double riders on sulky.
At no time may there be more than one individual on a single-seat sulky.
Subp. 13. Use of the whip.
A. A driver must not:
B. No leather or unusual materials may be used.
C. The snapper must not be knotted, and tape is only permitted on the handle of the whip.
D. All other modifications of the whip are prohibited.
E. The board of stewards must notify a commission veterinarian to conduct any postrace examination on any horse deemed to have been subject to unreasonable or unnecessary force.
F. The following actions are considered indiscriminate, unreasonable, or unnecessary uses of the whip:
G. A driver's penalty is based on the number of whipping offenses that the driver has had over the 90-day period that includes and immediately precedes the date of the most recent offense.
History
- Statutory Authority: MS s 240.03; 240.13; 240.23; 240.24; 240.29
- History: 9 SR 2527; 33 SR 8; 40 SR 29; 41 SR 1322; 42 SR 1258; 46 SR 6; 46 SR 1210; 47 SR 990; 49 SR 497; 49 SR 1123; 50 SR 1117
Minn. R. 7884.0270 Expanded Homestretch Racing
Subpart 1. Authority.
With the approval of the commission, a Class B or D licensee may expand the width of its homestretch by no less than ten feet nor more than 14 feet inward in relation to the width of the remainder of the racetrack.
Subp. 2. Rules.
In the event the homestretch is expanded pursuant to subpart 1, the following apply.
A. When entering or while going through the homestretch for the first time in a race, no horse shall use the expanded inside lane in an attempt to pass other horses or improve its position. A horse that does so shall be disqualified and placed at the discretion of the stewards, whose decision shall be final.
B. The lead horse in the homestretch shall maintain its position giving the trailing horses full access to the expanded inside lane. If, in the opinion of the stewards, the lead horse changes course in the homestretch in an attempt to prevent a trailing horse from passing, the horse shall be placed accordingly.
C. Horses using the expanded inside lane, during the homestretch drive for the finish of the race must first have complete clearance of the pylons marking the inside boundary of the race course. A horse or sulky going inside one or more pylons, while attempting to use the expanded inside lane, may be disqualified and placed at the discretion of the stewards, whose decision shall be final.
D. During the final one-eighth mile of a race, a horse may only be driven into the expanded homestretch lane for the purpose of passing another horse and shall not be driven into the expanded homestretch lane for the purpose of blocking a trailing horse. It shall be presumed that a horse driven into the expanded homestretch lane which blocks a trailing horse, without advancing on the horse it was allegedly attempting to pass, was being driven for the purpose of blocking a trailing horse. If, in the opinion of a majority of the stewards, a horse is driven into the expanded homestretch lane for the purpose of blocking a trailing horse, the driver of the blocking horse may be fined or suspended, or both, and the horse may be placed accordingly.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 19 SR 2307; 33 SR 8; 41 SR 1322; 42 SR 1258
Chapter 7890 HORSE MEDICATION
Minn. R. 7890.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 1a. Alkalinizing agents.
"Alkalinizing agents" means substances, including bicarbonate of soda (sodium bicarbonate or baking soda), that are used to increase the plasma or serum pH, bicarbonate level, or TCO2 level of a horse.
Subp. 2. Analgesic.
"Analgesic" is a substance used to relieve pain.
Subp. 2a. Androgenic-anabolic steroids (AAS).
"Androgenic-anabolic steroids (AAS)" means a group of compounds derived from testosterone or prepared synthetically to promote general body growth.
Subp. 2b. Anesthetic.
"Anesthetic" is a substance used to effect a loss of feeling or sensation in any part of the body.
Subp. 3. Animal chiropractor.
"Animal chiropractor" means a Doctor of Chiropractic who is licensed under Minnesota Statutes, sections 148.01 to 148.108, and registered with the Minnesota Board of Chiropractic Examiners under parts 2500.7010 to 2500.7080 to perform services on animals.
Subp. 3a. Antibody.
"Antibody" means a protein produced after stimulation by an antigen that acts specifically against that antigen in an immune response.
Subp. 3b.
[Repealed, 41 SR 1322]
Subp. 3c. Biological product.
"Biological product" means any virus, therapeutic serum, toxin, antitoxin, or analogous product applicable to the prevention, treatment, or cure of diseases or injuries.
Subp. 3d.
[Renumbered subp 3f]
Subp. 3e. Biological sample.
"Biological sample" means any material, including but not limited to blood, urine, hair, saliva, and other body specimens, collected from a horse.
Subp. 3f. Bisphosphonates.
"Bisphosphonates" means any of a class of drugs that slows the breakdown of bone by osteoclasts.
Subp. 4. Bleeder.
"Bleeder" means, according to its context, either:
A. a horse which during a race or exercise is observed by the commission veterinarian or his or her designee to be shedding blood from one or both nostrils and in which no upper airway injury is noted during an examination by the commission veterinarian immediately following such a race or exercise;
B. a horse which, within 1-1/2 hours of such a race or exercise, is observed by the commission veterinarian, through visual and/or endoscopic examination, to be shedding blood from the lower airway; or
C. a horse which has been shipped into Minnesota and which meets the criteria in part 7890.0140, subpart 3.
Subp. 5. Bleeder list.
"Bleeder list" means a tabulation of all bleeders maintained by the commission veterinarian.
Subp. 5a. Blood doping.
"Blood doping" means various techniques used to increase the oxygen-carrying capacity of blood.
Subp. 6. Bute.
"Bute" means phenylbutazone or oxyphenbutazone.
Subp. 7. Chemist.
"Chemist" means any official racing chemist designated by the commission.
Subp. 7a. Complete feed.
"Complete feed" means a thoroughly blended mixture of different feed ingredients formulated to meet specific nutrient requirements that allows for greater efficiency in feeding and provides better control of nutrient intake.
Subp. 7b. Compounding.
"Compounding" means preparing, mixing, assembling, packaging, and labeling a drug for an identified individual horse as a result of a practitioner's prescription drug order. Compounding does not include mixing or reconstituting a drug according to the product's labeling or to the manufacturer's directions.
Subp. 7c. Darbepoetin alfa.
"Darbepoetin alfa" is a synthetic analog of erythropoietin that stimulates the bone marrow to produce red blood cells. Chemically, it is a 165 amino acid protein containing five N-linked oligosaccharide chains.
Subp. 8. Depressant.
"Depressant" is a substance used to diminish the function of the body, including the cardiovascular system, pulmonary system, urinary system, nervous system, musculoskeletal system, or any other systemic function of the body.
Subp. 9. Detention barn.
"Detention barn" means a secured structure designated by the commission.
Subp. 10. DMSO.
"DMSO" means dimethyl sulfoxide.
Subp. 10a. Erythropoietin (EPO).
"Erythropoietin (EPO)" is a glycoprotein that stimulates the production of red blood cells by stem cells in bone marrow. Produced mainly by the kidneys, it is released in response to decreased levels of oxygen in body tissue. Using recombinant DNA technology, EPO has been synthetically produced and chemically it is a 165 amino acid protein containing three N-linked oligosaccharide chains.
Subp. 10b. Feed contaminant.
Substances in equine feed arising from contamination during cultivation, processing or treatment, storage, or transportation.
Subp. 10c. Feed supplement.
"Feed supplement" means a material used with another to improve the nutritive balance or performance of the total ration. Feed supplement is intended to be fed undiluted as a supplement to other feeds, offered free choice with other parts of the ration, or further diluted and mixed to produce a complete feed.
Subp. 10d. Flunixin meglumine.
"Flunixin meglumine" is a nonsteroidal anti-inflammatory drug with the chemical name 3-pyridine-carboxylic acid.
Subp. 10e. Furosemide.
"Furosemide" means 4-chloro-N-furfuryl-5-sulfamoylanthranilic acid.
Subp. 10f. Growth factor.
"Growth factor" means a substance that promotes cellular growth.
Subp. 10g. Hemoglobin-based oxygen carrier.
"Hemoglobin-based oxygen carrier" is an intravenous solution consisting of chemically stabilized cross linked hemoglobin that carries oxygen to tissues upon infusion.
Subp. 10h. Hemopure®.
"Hemopure®" is a chemically stabilized bovine cross-linked hemoglobin that carries oxygen to tissues. Chemically it is hemoglobin glutamer-250 (bovine) or HBOC-201.
Subp. 11. Horse.
"Horse" includes all horses registered for racing under the jurisdiction of the commission and, for purposes of this chapter, includes a stallion, colt, gelding, ridgling, filly, or mare.
Subp. 11a. Intra-articular (IA).
"Intra-articular" or "IA" means in the joint space.
Subp. 11b. Intramuscular (IM).
"Intramuscular" or "IM" means in the muscle.
Subp. 11c. Intravenous (IV).
"Intravenous" or "IV" means in the vein.
Subp. 11d. Ketoprofen.
"Ketoprofen" is a nonsteroidal anti-inflammatory drug with the chemical name 2-(3-benzoylphenyl)propionic acid.
Subp. 12.
[Repealed, 25 SR 1609]
Subp. 12a. Limit of detection (LOD).
"Limit of detection" or "LOD" means the lowest concentration of the drug that can be detected by a particular laboratory method.
Subp. 12b. Limit of quantitation (LOQ).
"Limit of quantitation" or "LOQ" means the lowest concentration of the drug that can be reliably quantified by a particular laboratory method and is generally higher than the LOD.
Subp. 13. Measurement uncertainty (MU).
"Measurement uncertainty" means a value (with units of concentration) that is determined experimentally and characterizes the variability of the analytical process. It is used to eliminate all reasonable variability originating from the measurement process. It is a property of the method used and unique to each laboratory unless measures have been taken to standardize between laboratories.
Subp. 13a. Medication.
"Medication" is a substance, compound, or element, or combination thereof, which is or can be administered to a horse for the purpose of preventing, curing, or alleviating the effects of any disease, condition, ailment, or infirmity, or symptom thereof, or for altering in any way the behavior, attitude, temperament, or performance of a horse, including athletic performance. Medication includes all alkalinizing agents, analgesics, anesthetics, depressants, narcotics, stimulants, tranquilizers, and other classifications of medications. Nothing herein shall be deemed to include:
A. Nonsteroidal anti-inflammatory drugs (NSAIDs):
B. Furosemide, provided, however, that it is administered pursuant to the provisions of part 7890.0140, subpart 7a. The concentration of furosemide must not exceed 100 nanograms per milliliter of serum or plasma in the post-race blood sample.
C. Topical applications, such as antiseptics, ointments, salves, leg rubs, and leg paints, that do not contain antibiotics, ethanol, DMSO, corticosteroids, topical anesthetics including benzocaine and lidocaine, or other medications.
D. Vitamins and electrolytes, provided the vitamins and electrolytes are administered orally and do not contain any medications, sodium bicarbonate, or other alkalinizing agents.
E. Omeprazole, provided that the medication has not been administered within 24 hours of racing. The concentration of omeprazole in the test sample must not exceed more than 10ng/mL plasma or serum.
Subp. 13b.
[Repealed, 41 SR 1322]
Subp. 13c. Metabolite.
"Metabolite" means the substance produced by the metabolism of a specific medication.
Subp. 14. Narcotic.
"Narcotic" is a substance used to induce a sleep or stupor and at the same time relieve pain.
Subp. 14a. NSAID stacking.
"NSAID stacking" occurs when a post-race sample is found to contain the presence of multiple nonsteroidal anti-inflammatory drugs in violation of the restrictions in subpart 13a, item A, and part 7890.0110, subpart 10.
Subp. 14b.
[Repealed, 40 SR 1393]
Subp. 14c. NSAIDs.
"NSAIDs" means nonsteroidal anti-inflammatory drugs.
Subp. 14d. Out-of-competition testing.
"Out-of-competition testing" is the taking of blood, urine, hair, or another biological sample from a horse at any time other than race day.
Subp. 14e. Overage.
"Overage" means the detection of any medication or metabolites, substance foreign to the natural horse, androgenic anabolic steroid, or endogenous, dietary, or environmental substance in a test sample that exceeds the regulatory limits as established by subpart 13a, items A to D, and part 7890.0110, subparts 7, item C; 7a; 9; and 10.
Subp. 14f. PO.
"PO" means orally.
Subp. 14g. Positive test.
"Positive test" means the detection of any medication or metabolites, substance foreign to the natural horse, androgenic anabolic steroid, or endogenous, dietary, or environmental substance thereof in a test sample above the limit of detection of the official testing laboratory.
Subp. 15. Prescription number.
"Prescription number" means the unique identification number assigned by the veterinarian, pharmacist, or other supplier to the prescription.
Subp. 15a. Prohibited practice.
"Prohibited practice" means a practice that jeopardizes the health and welfare of the horse, the welfare and safety of the rider and other participants, as well as the integrity of horse racing.
Subp. 15b. Regulatory limit.
"Regulatory limit" is the concentration of a drug and/or its metabolite below which no administrative action is taken.
Subp. 15c. Restricted list.
"Restricted list" means a list of horses that are ineligible to race until removed from the list by a commission veterinarian.
Subp. 16. Stimulant.
"Stimulant" is a substance used to increase or excite the function of the body, including the cardiovascular system, pulmonary system, urinary system, nervous system, musculoskeletal system, or any other systemic function of the body.
Subp. 16a. Synthetic analogue.
"Synthetic analogue" means a molecular or chemical compound made in a laboratory that is structurally similar to the natural compound and exhibits similar effects.
Subp. 16b. TCO2.
"TCO2" means the total concentration of all forms of carbon dioxide in the sample including bicarbonate and carbonate as well as dissolved CO2.
Subp. 17. Test level.
"Test level" means the concentration of NSAIDs, furosemide, medications or metabolites, substances foreign to the natural horse, androgenic anabolic steroids, or endogenous, dietary, or environmental substances found in a test sample.
Subp. 18. Test sample.
"Test sample" means any bodily substance including blood, urine, saliva, hair, or other substance designated by the commission, taken from a horse under the supervision of the commission veterinarian for the purpose of analysis.
Subp. 18a. Threshold.
"Threshold" means a concentration of a substance in the serum, plasma, or urine of a horse above which a laboratory reports a finding.
Subp. 19. Tranquilizer.
"Tranquilizer" is a substance used to alter the psychic state.
Subp. 19a. Venom.
"Venom" means toxic or poisonous secretions of an animal such as the snake, snail, scorpion, spider, and others.
Subp. 20. Veterinarian.
"Veterinarian" means a doctor of veterinary medicine licensed by the commission to practice at a Minnesota racetrack.
Subp. 21. Veterinarian's list.
"Veterinarian's list" means the tabulation of horses required to be maintained by part 7877.0175, subpart 8b.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 1908; 13 SR 38; 15 SR 2307; 16 SR 2207; 24 SR 1568; 25 SR 1609; 26 SR 1438; 28 SR 1482; 31 SR 1277; 33 SR 8; 34 SR 83; 34 SR 1135; 35 SR 375; 35 SR 627; 36 SR 1407; 37 SR 1664; 39 SR 1739; 40 SR 1393; 41 SR 1322; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990; 49 SR 1123; 50 SR 1117
Minn. R. 7890.0110 Medications and Practices Prohibited
Subpart 1. Administration.
No person shall administer or cause to be administered to a horse within 48 hours of a race in which it is scheduled to run any medication (except as permitted by part 7890.0100, subpart 13a, items B to D) by injection, oral or topical administration, rectal infusion or suppository, or by inhalation and no horse participating in a race shall carry in its body any substance foreign to the natural horse, except as permitted by subparts 7, item C, 7a, 9, and 10 and part 7890.0100, subpart 13a, items A to D. Post-race samples of plasma, serum, hair, or urine must not contain any substances, drugs, medications, or metabolites of substances, drugs, or medications not specifically permitted by commission rule or law.
Subp. 2. Nasogastric tube.
The use of a nasogastric tube for the administration of any substance to an entered horse within the 48-hour period prior to post time shall not be permitted without prior permission of the commission veterinarian. No licensee other than a veterinarian shall possess a nasogastric tube on the grounds of an association under the jurisdiction of the commission. For purposes of this subpart, "nasogastric tube" means any hose or tube more than 12 inches in length and more than one-quarter inch in diameter.
Subp. 3. Extracorporeal shock wave therapy or radial pulse wave therapy.
The use of extracorporeal shock wave therapy or radial pulse wave therapy shall not be permitted unless the following conditions are met:
A. any treated horse shall be placed on the veterinarian's list and not be permitted to have a timed workout or race for a minimum of 30 days following treatment with day one being the first day of treatment;
B. the use of extracorporeal shock wave therapy or radial pulse wave therapy machines shall be limited to veterinarians licensed by the commission and must be performed in a central location at the licensed racetrack determined by the commission veterinarian during hours specified by the commission veterinarian;
C. any extracorporeal shock wave therapy or radial pulse wave therapy machines on association grounds must be registered with the commission veterinarian prior to use; and
D. all extracorporeal shock wave therapy or radial pulse wave therapy treatments must be recorded on a form prescribed by the commission, and provided to the commission veterinarian 24 hours prior to treatment.
Subp. 4. Blood doping agents.
The possession or use of blood doping agents by any person, including but not limited to the following blood doping agents, on the premises of a facility under the jurisdiction of the commission is forbidden:
A. Erythropoietin;
B. Darbepoetin;
C. Oxyglobin®; and
D. Hemopure®.
Subp. 5. Discontinuance of treatments.
The use of all NSAIDs shall be discontinued at least 48 hours before the post time for the race in which the horse is entered.
Subp. 6. Possession.
The possession or use of a drug, substance, venom, medication, or blood doping agent for which a recognized analytical method to detect and confirm the administration of such substance has not been developed on the premises of a facility under the jurisdiction of the commission is prohibited.
Subp. 7. Use.
The use of agents that elevate the horse's bicarbonate level, TCO2, or pH level above those existing naturally in the untreated horse at normal physiological concentrations is prohibited. The following also apply to TCO2:
A. A commission veterinarian may draw whole blood, serum, or plasma samples from a horse for the purpose of obtaining a TCO2 level.
B. Blood samples for TCO2 may be drawn prior to or after the race. Samples drawn prior to a race shall be drawn before the official post time. For the purpose of harness racing, blood samples shall be drawn prior to warm-up. Samples drawn after the race shall be drawn no sooner than 90 minutes following official post time for that race.
C. The pre-race or post-race TCO2 level in the blood shall not exceed 37 millimoles per liter of blood.
D. The provisions of part 7892.0120, subpart 5, pertaining to split samples, shall not apply to blood samples drawn for the purpose of TCO2 testing.
E. Provisions for split sample testing for TCO2 analysis shall be arranged by the trainer or designee at the time of sampling. The trainer shall be responsible for the cost of split sample testing. The trainer or designee shall make arrangements for payment prior to or at the time of sampling. The split sample shall be sent to the commission contract laboratory as a separate blind sample. No other provisions for split sample testing shall be available.
Subp. 7a. Androgenic-anabolic steroids (AAS).
No Androgenic-anabolic steroids (AAS) shall be permitted in test samples collected from racing horses except for endogenous concentrations of nandrolone and naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds. Concentrations of these AAS shall not exceed the following plasma or serum thresholds for free (i.e. not conjugated) substance or urine threshold concentrations for total (i.e., free drug or metabolite and drug or metabolite liberated from its conjugates):
A. Boldenone - 15 ng/ml of total boldenone in urine of male horses other than geldings; 1 ng/ml in fillies, mares, and geldings; or not greater than 25 pg/ml of boldenone in plasma or serum of all horses regardless of sex.
B. Nandrolone:
C. Testosterone:
Subp. 7b. Thyroid supplements.
A. The use of a thyroid supplement is limited to a hypothyroid horse diagnosed with a thyrotropin releasing hormone (TRH) stimulation test.
B. Results of the TRH test must be submitted to the commission veterinarian and approved prior to the horse receiving a thyroid supplement.
C. If a horse is currently receiving a thyroid supplement, TRH test results must be provided to the commission veterinarian or thyroid supplement administration discontinued and TRH testing completed after a 30-day washout period.
Subp. 7c. Clenbuterol.
Clenbuterol use is prohibited in the racing and training of a Quarter Horse and only permitted in the racing and training of other breeds if the following conditions are met:
A. Clenbuterol is prescribed by a licensed veterinarian for a specifically named horse, stating the diagnosis, the recommended dosage levels, and the duration of clenbuterol treatment, not to exceed 30 days. The required information must be submitted to the commission veterinarian on a form and by a deadline established by the commission.
B. Trainers must notify a commission veterinarian daily of all horses in their custody having been administered clenbuterol. Notification shall be made on a form and by a deadline established by the commission.
C. A horse administered clenbuterol shall be placed on the official veterinarian's list and remains on the list until all conditions for removal have been met including an official timed workout with reports of negative clenbuterol blood and urine sampling.
D. A horse may not be entered to race until the horse has completed all requirements in item C.
Subp. 8. Prohibition.
The possession or use of anabolic androgenic steroids other than as provided in subpart 7a, naturally occurring venoms, derivatives of venoms, synthetic analogues of venoms, derivatives of synthetic analogues of venoms, growth hormone, blood doping agents, or any substance that enhances the oxygenation of equine tissue by any person on the premises of any licensed facility under the jurisdiction of the commission is not permitted.
Subp. 8a. Intra-articular injections.
A. For Thoroughbreds and Quarter Horses, the use of any intra-articular injection within 14 days of the race in which the horse is entered is prohibited.
B. For Thoroughbreds, the use of a corticosteroid injection in the fetlock joint is prohibited within 30 days of the race in which the horse is entered. X-rays of the fetlock must be taken for any horse receiving a corticosteroid injection in the same fetlock joint within a 60-day period.
C. For Standardbreds, the use of any intra-articular injection within seven days of the race in which the horse is entered is prohibited.
Subp. 9. Endogenous, dietary, and environmental substances.
No endogenous, dietary, or environmental substances shall be allowed in the test sample of a horse except as provided in the Racing Commissioners International Endogenous, Dietary, or Environmental Substances Schedule, which is incorporated by reference.
Subp. 10. Medications.
No medications other than those specifically permitted under this chapter shall be allowed in the post-race or out-of-competition test sample of a horse. Serum or urine thresholds on permitted controlled therapeutic medications shall not exceed those found in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule for Horses, which is incorporated by reference.
Subp. 11. Medical labeling.
A. No person on association grounds where horses are lodged or kept, excluding licensed veterinarians, shall have in or upon association grounds which that person occupies or has the right to occupy, or in that person's personal property or effects or vehicle in that person's care, custody, or control, a drug, medication, chemical, foreign substance, or other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with this subpart.
B. Any drug or medication that is used or kept on association grounds and that, by federal or state law, requires a prescription must have been validly prescribed by a duly licensed veterinarian, and in compliance with the applicable state statutes. All allowable medications must be labeled in accordance with state and federal laws and shall have a prescription label that is securely attached and clearly ascribed to show the following:
Subp. 12. Compounded medications on association grounds.
A. Veterinary drugs shall be compounded in accordance with all applicable state and federal laws. Compounded medication shall be dispensed only by a prescription issued by a licensed veterinarian to meet the medical needs of a specific horse and for use only in that specific horse.
B. All compounded medications must be labeled in accordance with part 7890.0110, subpart 11.
C. Possession of an improperly labeled medication by a veterinarian, trainer, groom, or any other licensee is considered a violation.
Subp. 13. Use of electrical or mechanical devices.
No electrical, mechanical, or battery-powered device or machine may be used to administer therapy or treatment to a horse within 48 hours of the time the horse is scheduled to race, unless approved in advance by the stewards in consultation with the commission veterinarian.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 1908; 11 SR 2201; 12 SR 2393; 31 SR 1277; 33 SR 8; 34 SR 83; 35 SR 375; 35 SR 627; 36 SR 1407; 39 SR 1739; 40 SR 1393; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 6; 46 SR 1210; 47 SR 990; 49 SR 1123; 50 SR 1117
Minn. R. 7890.0120 Reporting Procedures
Subpart 1. Veterinarians must keep records.
A. For Thoroughbred horses, veterinarians must report all treatments and diagnostic procedures electronically to HISA within 24 hours of treatment.
B. For Quarter Horses and Standardbreds, veterinarians must submit daily to the commission veterinarian, in writing or electronically on a prescribed form, a report of all horses treated at a licensed racetrack. The form shall contain the date and time, name of horse treated, trainer of horse, any medications, drugs, substances (as provided in part 7890.0100, subpart 13a, items A to D), or procedures prescribed, administered, dispensed, or performed for horses registered at a current race meeting, and any other information requested by the commission veterinarian. The form must be filed by the treating veterinarian not later than noon on the day following treatment. The form shall be signed by hand or digitally by the treating veterinarian. The form is considered private and its content shall not be disclosed except in the course of an investigation of a possible violation of chapters 7869 to 7899, or in a proceeding before the stewards or commission, or to the trainer or owner of record at the time of treatment. A timely and accurate filing of the form that is consistent with the analytical results of a positive test may be used as a mitigating factor in determining the nature and extent, if any, of a rules violation.
Subp. 1a. Animal chiropractors must keep records.
Animal chiropractors must submit daily to the commission veterinarian, in writing or electronically, on a prescribed form a report of all the horses treated at a licensed racetrack. The form shall contain the date and time, name of horse treated, trainer of horse, and procedures administered, for horses registered at a current race meeting, and any other horse-related information requested by the commission veterinarian. The form must be filed by the animal chiropractor not later than noon on the day following treatment. The form shall be signed by hand or digitally by the animal chiropractor. The form is considered private and its content shall not be disclosed except in the course of an investigation of a possible violation of chapters 7869 to 7899, or in a proceeding before the stewards or commission, or to the trainer or owner of record at the time of treatment. A timely and accurate filing of the form that is consistent with the analytical results of a positive test is a mitigating factor in determining the nature and extent, if any, of a rules violation.
Subp. 2.
[Repealed, 44 SR 1047]
Subp. 3. Administration of furosemide to be reported.
If a horse is to race with furosemide in its system, the trainer or other representative shall be responsible for legibly and clearly marking the information on the entry blank for each race the horse shall be entered in.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 10 SR 1908; 11 SR 2201; 31 SR 1277; 34 SR 1135; 35 SR 627; L 2011 c 76 art 1 sec 80; 42 SR 1258; 44 SR 1047; 46 SR 6; 49 SR 1123
Minn. R. 7890.0130 Findings of Chemist
Subpart 1. Prima facie evidence.
A. A finding by a chemist of any positive test or overage in the test sample of a horse taken after a race, an official timed workout, or an out-of-competition test shall be considered prima facie evidence that the medication or metabolite, androgenic anabolic steroid, substance foreign to the natural horse, or endogenous, dietary, or environmental substance, NSAID, clenbuterol, venom, blood doping agent, or furosemide was administered to the horse.
B. A finding by a chemist of a level of TCO2 greater than 37 millimoles per liter of blood in the test sample of a horse shall be considered prima facie evidence that an alkalinizing agent was administered to the horse prior to the race or official timed workout after which the test sample was taken.
Subp. 2. Distributed purse money.
The fact that purse money has been distributed prior to the issuance of the chemist's report shall not be deemed a finding that no medication or metabolites, androgenic anabolic steroids, substance foreign to the natural horse, or endogenous, dietary, or environmental substances, clenbuterol, NSAIDs or furosemide exceeding allowable levels was administered to the horse earning such purse money in violation of this chapter.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 1908; 12 SR 2393; 16 SR 2207; 25 SR 1609; 28 SR 1482; 31 SR 1277; 33 SR 8; 40 SR 1393; 41 SR 1322; 46 SR 6
Minn. R. 7890.0140 Bleeders
Subpart 1. Examination of bleeders.
A horse that is alleged to have bled externally from one or both nostrils in Minnesota must be physically examined by a commission veterinarian to confirm its inclusion on the veterinarian's list. The examination must be performed within 1-1/2 hours following the finish of a race or exercise in which the horse has participated.
Subp. 2.
[Repealed, 47 SR 990]
Subp. 3. Bleeders imported from other jurisdictions.
A horse shipped into Minnesota from another jurisdiction shall be allowed to race on furosemide provided it raced on furosemide in its last start, and documentation to that effect is submitted to and accepted by the commission veterinarian at the Minnesota racetrack to which it is shipped.
Subp. 4. Horses placed on the veterinarian's list.
Bleeders shall be placed on the veterinarian's list and shall be ineligible to be entered in a race pursuant to subpart 5.
Subp. 5. Restrictions on bleeders.
Bleeders shall be subject to the following restrictions.
A. For the first observed bleeding, the horse shall be placed on the veterinarian's list and shall not be removed from the veterinarian's list without the approval of the commission veterinarian. Such a horse shall be ineligible to race for at least 14 days following the observed bleeding.
B. When a horse has been observed bleeding for the second time within a 365-day period, the horse shall be placed on the veterinarian's list and shall not be removed from the list without the approval of the commission veterinarian. Such a horse shall be ineligible to race for at least 30 days following the observed bleeding.
C. When a horse has been observed bleeding for the third time within a 365-day period, the horse shall be placed on the veterinarian's list and shall not be removed from the list for at least 180 days, and not until the commission veterinarian has approved its removal.
D. When a horse has been observed bleeding for a fourth time within a 365-day period, the horse shall be placed on the veterinarian's list and will be permanently ineligible to race in Minnesota.
E. Following a bleeding episode in another jurisdiction, a horse shall not be eligible to race in Minnesota for at least 14 days or for a longer period if deemed medically necessary in the professional opinion of the commission veterinarian after considering the horse's past bleeding history.
F. For the purposes of counting the number of days a horse is ineligible to run, the day the horse bled externally is the first day of the recovery period.
G. The voluntary administration of furosemide without an external bleeding incident shall not subject a horse to the initial period of ineligibility as defined by this subpart.
Subp. 6. Furosemide may be permitted.
A horse three years of age and older is eligible to race with furosemide if the licensed trainer and licensed veterinarian determine that it would be in the horse's best interests to race with furosemide. Once a horse has raced with furosemide, it must continue to race with furosemide in all subsequent races unless a request is made to discontinue the use. If the use of furosemide is discontinued, the horse shall be prohibited from again racing with furosemide unless it is later observed to be bleeding pursuant to subpart 1 or the horse is claimed or transferred to a different licensed trainer. A horse that is claimed or transferred to a different licensed trainer is eligible to race with furosemide if the new trainer and a licensed veterinarian employed by the new owner or trainer determine that it would be in the horse's best interest to race with furosemide. Requests for the use of or discontinuance of furosemide must be made to the commission veterinarian by the horse's current trainer or assistant trainer on a form prescribed by the commission on or before the day of entry into the race for which the request is made.
Subp. 7.
[Repealed, 14 SR 332]
Subp. 7a. Conditions required for furosemide administration.
Furosemide shall be administered intravenously by a licensed veterinarian employed by the owner or trainer of the horse, or by the commission veterinarian. The furosemide must be administered a minimum of four hours before scheduled post time for any bleeder entered to race and the dose level of furosemide must be no less than 150 milligrams and must not exceed 250 milligrams (no less than three nor more than five milliliters of a 50 milligram/milliliter or five percent solution) per administration.
The practicing veterinarian must deposit with the commission veterinarian an unopened supply of furosemide and sterile hypodermic needles and syringes to be used for the administration. The furosemide must be administered under the supervision of a person employed by the commission.
A horse on the official furosemide list must show a detectable concentration of the drug in the post-race serum or plasma sample.
Subp. 8.
[Repealed, 14 SR 332]
Subp. 9.
[Repealed, 14 SR 332]
Subp. 10. Responsibility of trainer.
The trainer is responsible for ensuring that the horse is available at the appropriate time for its treatment. After having been administered furosemide, the horse shall at all times be in the care, custody, and under the supervision of the trainer or a licensed person assigned by the trainer. The horse must remain in its own stall until it is taken to the paddock to be saddled or harnessed for a race. It shall not be handled by anyone other than the trainer, the owner, or the employees listed on the trainer's signed statement. If emergency veterinary attention becomes necessary, the trainer is responsible for immediately notifying the commission veterinarian of the nature of the need and of the identity of the responding veterinarian. The trainer shall be responsible for the guarding, condition, care, and handling of the horse at all times and ensuring that a handler is present to restrain and serve as a designated witness to the furosemide administration. If no handler is present and the administration time has passed, no furosemide shall be administered and the stewards shall be notified. Trainers are responsible for ensuring that a veterinarian licensed by the commission has agreed to administer furosemide at the designated time.
History
- Statutory Authority: MS s 240.03; 240.08; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 10 SR 1908; 13 SR 38; 14 SR 332; 14 SR 2008; 16 SR 2207; 20 SR 2592; 22 SR 1785; 24 SR 1568; 25 SR 1609; 26 SR 1438; 31 SR 1277; 33 SR 8; 35 SR 627; 40 SR 1393; 42 SR 1258; 44 SR 1047; 46 SR 6; 47 SR 990
Minn. R. 7890.0150 Disclosure of Approved Medications to Public
The names of all horses that have been approved for race day use of furosemide must be identified in the daily racing program. Horses that are racing for the first time using furosemide must be so identified in the daily racing program.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.19; 240.23; 240.24
- History: 10 SR 1908; 11 SR 2201; 16 SR 2207; 25 SR 1609; 31 SR 1277; 39 SR 1739; 44 SR 1047
Minn. R. 7890.0160 Responsibility of Veterinarian
A. No veterinarian may administer a medication, alkalinizing agent, blood doping agent, venom, or substance foreign to the natural horse to any horse that is scheduled to race within 48 hours, except as permitted in part 7890.0100, subpart 13a, items B, C, and D, or in the case of a medical emergency requiring immediate treatment, without the prior permission of a commission veterinarian.
B. No veterinarian may place a nasogastric tube in a horse that is scheduled to race within 48 hours, except in the case of a medical emergency requiring immediate treatment.
C. No veterinarian, veterinary assistant, equine masseuse, or animal chiropractor may enter the stall of or otherwise handle a horse at any time within 24 hours of the race in which the horse is entered, except as permitted by part 7890.0140, subpart 7a, if requested and accompanied by a commission veterinarian, or in the case of a medical emergency requiring immediate treatment without the prior permission of a commission veterinarian.
D. In emergency cases it is the responsibility of the attending veterinarian to notify a commission veterinarian of the nature of the emergency and the exact treatment provided. The notification must be made as soon as practical (within one-half hour of an emergency that occurs during training or racing hours or by 8:00 a.m. on the morning following an emergency which occurred during evening or night hours) and on a form prescribed by the commission.
E. At the request of a commission veterinarian, the veterinarian must provide radiographs, laboratory tests, and results of other diagnostic procedures within 24 hours.
F. For emergency cases not requiring treatment where a race day scratch is requested, the attending veterinarian must perform a physical examination on the horse and report the results, including temperature, pulse, and respiratory rate, to a commission veterinarian.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 16 SR 2207; 24 SR 1568; 31 SR 1277; 33 SR 8; 34 SR 1135; 46 SR 6; 46 SR 1210; 49 SR 1123; 50 SR 1117
Chapter 7891 HORSES; PHYSICAL EXAMINATION
Minn. R. 7891.0100 Racing Soundness Examination
Subpart 1. Horses subject to examination.
A. For Thoroughbreds and Quarter Horses:
B. For Standardbreds:
Subp. 1a. Trainer must report location.
The trainer, when entering a horse, shall declare to the racing secretary or his or her designee the number of the barn in which the horse being entered will be stabled the day of the race. If the trainer will need a stall assigned for a ship-in horse, the trainer must so declare at the time of entry, and the racing secretary will assign a stall to be used on the day of the race.
Subp. 1b. Racing secretary must provide stall assignments.
As soon as the overnight sheet is finalized, the racing secretary or his or her designee shall provide to the commission veterinarian a list showing, by race, the name of the horse, the trainer, and the barn number where the horse is to be stabled the day of the race.
Subp. 1c. Trainer must post stall.
On each race day, trainers shall post a sign outside the entered horse's stall stating that the horse is "in today." The sign shall be posted by 8:00 a.m. on race day and must be removed after the horse has returned from racing on that day.
Subp. 2. Record of examination.
The commission veterinarian shall maintain a continuing health and racing soundness record of each horse examined. The record shall not constitute a veterinary medical record for purposes of part 9100.0800.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 13 SR 38; 16 SR 2684; 39 SR 1739; 42 SR 1258; 44 SR 1047; 46 SR 1210; 49 SR 1123
Minn. R. 7891.0101 Entry Examination by Attending Veterinarian
A. A Thoroughbred or Quarter Horse must only start if:
B. The examination required under this part shall include, at a minimum, examination of the legs and observation of the horse at rest and while jogging.
C. If the attending veterinarian examining the horse prescribes a diagnostic test as part of the soundness examination, the test results shall be provided to the commission veterinarian no later than one day before the horse is set to start.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 50 SR 1117
Minn. R. 7891.0110 Postmortem Examination
Subpart 1. Horses that must undergo postmortem examination.
A. Every horse which suffers a breakdown at a licensed racetrack under the jurisdiction of the commission, in training or in competition, and which is euthanized, and every horse which expires while stabled at a licensed racetrack under the jurisdiction of the commission, shall undergo a postmortem examination to be conducted by a pathologist at the University of Minnesota Veterinary Diagnostic Laboratory to determine the injury or illness which resulted in euthanasia or natural death.
B. Mane hairs excepted, the horse must be delivered with all body parts attached and nonmutilated.
C. Accidental dismemberment for any reason shall be immediately reported to a commission veterinarian, executive director, and deputy director.
D. A Class B or D license holder is responsible for furnishing transportation, within six hours of death, to deliver a horse to the University of Minnesota Veterinary Diagnostic Laboratory.
Subp. 2. Test samples to be taken for analysis.
A. Test samples must be obtained from every horse that dies or is euthanized from a training or race-related injury.
B. Hair samples shall be obtained prior to or after euthanasia. When practical, both blood and urine test samples shall be obtained prior to euthanasia.
C. Blood, urine, and cerebral spinal fluid samples from a horse with a suspected or known neurological disease must be obtained prior to or directly after euthanasia and submitted to the appropriate laboratory for analysis.
Subp. 3. Owner and trainer responsible.
The owner and attending trainer are responsible for reporting to the commission veterinarian the death of a horse within one hour of its death, and for having the postmortem examination performed in accordance with this part.
Subp. 4. Report of injury or death.
A. A report of each deceased horse shall be filed with the commission within 72 hours of the horse's death on a form prepared by the commission.
B. For Thoroughbreds, notification of death must be submitted to HISA within 24 hours.
C. For Thoroughbreds, an injury requiring transportation by an ambulance must be reported to HISA within 24 hours. For Thoroughbreds, other injuries not requiring transportation by ambulance must be submitted to HISA within one week.
Subp. 5 Postmortem reports.
A. For Thoroughbreds, initial and updated postmortem reports must be submitted to HISA within 72 hours of receipt.
B. For Thoroughbreds and Quarter Horses, information obtained from each specific post-mortem report is documented in the Jockey Club's equine injury database.
C. Final postmortem reports are provided to the trainer and trainer's veterinarian and reviewed by the Mortality Review Committee.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 16 SR 484; 24 SR 1568; 33 SR 2095; 35 SR 627; 40 SR 1393; 46 SR 1210; 49 SR 1123; 50 SR 1117
Minn. R. 7891.0120 Mortality Review Committee
Subpart 1. Committee.
The HISA safety director shall convene and chair a mortality review committee for the purpose of gathering data surrounding the death of each racehorse occurring during racing or training at a licensed racetrack. The committee shall consist of the following:
A. the chief steward or a designee;
B. the chief commission veterinarian or a designee;
C. the on-track commission veterinarian;
D. the trainer or assistant trainer of the deceased horse;
E. the jockey, exercise rider, or driver of the deceased horse;
F. the attending veterinarian;
G. the racetrack's director of racing or a designee;
H. the track superintendent;
I. the horseperson's representative; and
J. any other person the HISA safety director determines is necessary to adequately examine the death.
Subp. 2. Participation.
Participation at a mortality review committee meeting is mandatory unless a member is excused by the chief steward or designee.
Subp. 3. Treatment records.
Treatment records required of the trainer by part 7877.0170, subpart 2, item U, shall be available to the committee upon request of the chief steward or commission veterinarian.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 44 SR 1047; 49 SR 497
Chapter 7892 HORSES; MEDICAL TESTING
Minn. R. 7892.0100 Detention Barn
Subpart 1. Barn.
Each association shall provide a detention barn suitable for taking test samples. The barn shall include:
A. an office area which can be locked, and which has a floor area of not less than 100 square feet;
B. three wash racks not less than ten feet by 12 feet;
C. not fewer than six stalls ten feet by ten feet each, with dutch doors and observation holes;
D. a refrigerator of not less than ten cubic feet;
E. a freezer not less than 16 cubic feet;
F. hot and cold running water;
G. a walking ring;
H. other equipment considered necessary by the commission for the bathing and watering of horses; and
I. except in the situation of a county fair meet in which the average daily handle for the preceding year was less than $150,000, items B and C shall be reduced to two wash areas and three stalls.
Subp. 2. Security.
Each association shall furnish not less than one security officer to guard the detention barn during racing hours and until the last specimen is secured for the day.
History
- Statutory Authority: MS s 240.23; 240.24
- History: 9 SR 2527; 12 SR 2393; 18 SR 886
Minn. R. 7892.0105 Medical Testing for Thoroughbred Racehorses
All medical testing for Thoroughbred racehorses is performed under HISA Rule Series 3000 (Equine Anti-Doping and Controlled Medication Protocol Rules), Rule Series 4000 (Prohibited List), Rule Series 5000 (Equine Standards for Testing and Investigation), and Rule Series 6000 (Equine Standards for Laboratories and Accreditation). These rules are incorporated by reference in part 7869.0200, subpart 2a.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 49 SR 1123
Minn. R. 7892.0110 Out-of-Competition Testing for Quarter Horse and Standardbred Racehorses
Subpart 1. Cooperation with the commission.
A. Licensees of the commission are required to cooperate and comply fully with this rule.
B. No person shall knowingly interfere with or obstruct a sampling.
Subp. 2. General procedure for collecting samples.
A. Samples must be taken under the supervision and direction of a person who is employed by the commission for the purpose of collecting samples. All blood samples shall be collected by a veterinarian licensed in the state where the sample is collected.
B. Upon request of a representative of the commission, the trainer, the owner, or a specified designee shall provide the location of the horses eligible for out-of-competition testing.
C. The commission need not provide advance notice before arriving at any location to collect samples.
Subp. 2a. Taking of samples.
Out-of-competition testing for prohibited substances, blood doping agents, gene doping agents, growth hormone, exogenous anabolic steroids, and clenbuterol may be performed at the request and under the direction of the stewards or the commission veterinarian on any horse present on the grounds of a racetrack licensed by the commission or nominated for stakes or specific racing series. Horses to be tested may be selected at random or as otherwise reasonably determined by the stewards or commission veterinarian. Split samples shall be collected in accordance with subpart 5. A positive test shall require the horse to be placed on the commission veterinarian's list under part 7877.0175, subpart 8b.
Subp. 3. Additional procedures.
A. The person who takes samples for the commission shall provide identification and disclose the purpose of the sampling to the trainer or designated attendant of the horse.
B. A written protocol, prepared by the chief commission veterinarian, for the collection of samples shall be made available to the trainer, the owner, or a designee prior to the collection of a sample.
C. The chain of custody record for the sample, including a split sample where appropriate, shall be maintained by the commission veterinarian and made available to the trainer, the owner, or a designee when a complaint results from an out-of-competition test.
Subp. 4. Analysis of collected samples.
A. The commission must have out-of-competition samples tested if the commission determines testing is necessary to produce information that may enhance the ability of the commission to enforce its medication and antidoping rules.
B. Split sample rules and procedures for postrace testing under part 7892.0120, subpart 5, apply to out-of-competition testing.
C. Further testing on any remaining sample performed by the official testing laboratory is done only for the investigation of unknown substances and has no effect on the results of the out-of-competition testing.
Subp. 5. Responsible persons.
A. The trainer of the horse is responsible for the condition of a horse sampled for an out-of-competition test while on the grounds of a licensed training facility or racetrack.
B. If a horse sampled for an out-of-competition test was claimed, sold, or otherwise transferred during the time the substance that produced the positive test may have been administered, then the commission shall investigate to determine, by a preponderance of the evidence, the identity of the responsible person at the time the substance may have been administered.
C. If the commission cannot determine a responsible person, then the commission may deem the owner responsible and may place the horse on the veterinarian's list for the time necessary to protect the integrity of racing.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 46 SR 1210; 47 SR 990
Minn. R. 7892.0120 Taking of Samples for Quarter Horse and Standardbred Racehorses
Subpart 1. Horses tested.
A. After every race, test samples shall be taken from at least two horses, one of which must be the winning horse.
B. Test samples may be taken from other horses on the grounds of a licensed racetrack as designated by the stewards or the commission veterinarian at any time. Horses to be tested may be selected at random or as otherwise reasonably determined by the stewards or commission veterinarian. A positive test shall result in the horse being placed on the commission veterinarian's list under part 7877.0175, subpart 8b.
C. The stewards or commission veterinarian may require that specimens of hair, saliva, or other body fluid or excretion may be taken from a tested horse as deemed necessary by the stewards or the commission veterinarian to determine whether a violation of chapter 7890 has occurred.
D. A hair sample collected any time after a horse is entered to race at a licensed racetrack shall be deemed a post-race sample for purposes of parts 7869.0200 and 7890.0110.
E. Any owner, trainer, or other person having care, custody, or control of a horse required to be tested must submit the horse immediately.
Subp. 2. Samples taken.
All samples shall be taken in the detention barn unless the commission veterinarian determines it necessary to take a sample elsewhere. All serum, plasma, urine, hair, and saliva samples shall be taken, sealed, identified, and delivered to the testing laboratory under the direction of the commission veterinarian or his or her designee. Samples taken for TCO2 analysis may be taken, sealed, identified, and submitted to the testing laboratory or securely analyzed by a reliable on-site analyzer, or both.
Subp. 3. Witnesses.
The taking and sealing of any test sample must be witnessed or acknowledged by the signature of the trainer of the horse or the trainer's designee or in the event of an emergency involving an entered horse on race day in the stable area of a Class A licensee by another licensee present at the scene. The owner or trainer of a horse, or a designee, may be present at all times during the taking and sealing of the test samples.
Subp. 4. Identification.
An identification tag must be attached to each sealed sample. The commission veterinarian shall retain a stub from each tag. The portion of the tag accompanying a sample to the testing laboratory must bear all information necessary to allow for proper analysis, but the identity of the horse from which the sample was taken and of the identity of its owner, trainer, jockey, driver, or stable must not be revealed to laboratory personnel.
Subp. 5. Split samples.
A. A portion of the sample from each horse tested, after a sufficient amount has been sent to the official laboratory, must be preserved by the commission. It must be available for testing at the request of a person accused of a violation of chapter 7890. In the absence of urine or blood (serum or plasma) for split sample testing, urine or blood (serum or plasma) from the original testing laboratory, if available, may be sent to the designated split sample laboratory for analysis. The commission shall approve a list of laboratories that are capable of providing split sample testing. From this list, a person accused of a violation of chapter 7890 shall designate the laboratories in descending order of preference. The sample must be sent to the laboratory given the highest preference and that is capable of testing and submitting results for the substance within 14 days of sample receipt. The commission veterinarian shall have overall responsibility for the storage, safeguarding, and shipment of the split sample and for the receipt of results from the drug testing laboratory to which the sample was sent.
B. A person making a request for split sample testing must notify the stewards in writing within 72 hours of receiving notice of the commission laboratory's findings and a list of approved split sample laboratories.
C. A person making a request for split sample testing must provide the request in writing on a form prescribed by the commission to the commission veterinarian within 24 hours of notification to the stewards of the intent to submit a split sample.
D. The trainer is responsible for the cost of split sample testing and fees for shipping and handling of the sample. Payment for split sample testing must accompany the sample or be made in advance directly to the split sample laboratory. Shipping and handling fees are payable to the Minnesota Racing Commission within seven days of shipment.
E. Failure to comply with the provisions of items B and C shall render the request for split sample testing null and void.
Subp. 5a. Split sample testing for TCO2 and any hair test (subpart 5 does not apply).
A. For any TCO2 test or any hair test, provisions for split sample testing shall be made prior to or at the time of the taking of the original sample.
B. The trainer or designee is responsible for requesting a split sample prior to or at the time of the original sampling and for arranging payment.
C. The sample shall be sent to the Minnesota Racing Commission contract laboratory as a separate and blinded sample.
D. No further provisions for split sample testing for TCO2 or hair testing shall be available.
Subp. 6. Other materials.
The stewards or commission veterinarian may direct that a sample be taken of any material on the grounds of an association if the stewards or commission veterinarian suspect the material contains a substance which has been used or will be used in violation of chapter 7890.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 14 SR 332; 14 SR 2008; 15 SR 2307; 16 SR 2207; 20 SR 2592; 33 SR 2095; 34 SR 1135; 39 SR 1739; 40 SR 1393; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 6; 47 SR 990
Minn. R. 7892.0130 Testing for Quarter Horse and Standardbred Racehorses
Subpart 1. Chemist.
The official testing laboratory must have sufficient personnel to perform all analytical procedures required for the identification and forensic proof of a medication violation. The chemist responsible for the operation of the official testing laboratory must be a member in good standing of the Association of Official Racing Chemists.
Subp. 2. Equipment.
The official testing laboratory must be equipped with sufficient laboratory equipment and personnel to perform:
A. analytical screening procedures for the detection and identification of prohibited substances;
B. confirmation procedures to provide forensic analytical evidence of a medication violation; and
C. quantitative analyses consistent with commission standards in those cases where an exact quantitative value is warranted.
Subp. 3. Procedures.
Urine, serum or plasma samples, hair, and other biological samples must be subjected to sufficient analytical procedures to ensure that the medication rules of the commission are not violated. The exact analytical techniques performed must be determined by contract with the commission in consultation with a commission veterinarian and must include, at a minimum, the following:
A. quantitative screening analysis of serum or plasma or urine samples for detection of overages;
B. qualitative screening analysis of serum or plasma or urine or hair samples for the presence of any medication and metabolites, substance foreign to the natural horse, androgenic anabolic steroids, or endogenous, dietary, or environmental substance without regulatory limits that may result in a positive test; and
C. confirmation of overage and positive test results using mass spectrometry and laboratory criteria that meet or exceed commission requirements.
Subp. 4. Reports.
The chemist employed by the official testing laboratory shall report the results of the sample analyses to a commission veterinarian, executive director, and deputy director as described by contract with the commission.
Subp. 5. Laboratory accreditation.
A. The official testing laboratory must have a least one member in good standing with the Association of Racing Chemists (AORC).
B. The official testing laboratory must be accredited by the most recent version of the International Organization for Standardization (ISO) 17025 quality standards.
C. The official testing laboratory shall be accredited by and in good standing with the Racing Medication Testing Consortium accreditation program.
Subp. 6. Official testing laboratory.
"Official testing laboratory" means a laboratory facility that is designated by the commission to perform medication and drug-testing duties.
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24
- History: 9 SR 2527; 24 SR 1568; 39 SR 1739; 40 SR 1393; 46 SR 1210
Minn. R. 7892.0140 Records for Quarter Horse and Standardbred Racehorses
All documents relating to test samples must be retained for three years or until legal proceedings in which they may be evidence are concluded, whichever is later.
History
- Statutory Authority: MS s 240.23; 240.24
- History: 9 SR 2527
Minn. R. 7892.0150 Purses for Quarter Horse and Standardbred Racehorses
Subpart 1. Purse may be redistributed.
Upon receipt of a positive laboratory report, the stewards shall direct that no undistributed purse money won by the horse tested may be awarded pending final determination of the matter. The stewards shall order distributed purse money returned, and it must be returned. If it is determined finally that a violation of chapter 7890 has occurred, the purse money won by the horse involved may be forfeited and redistributed among the other horses in the race according to their order of finish. No forfeiture and redistribution shall affect the distribution of pari-mutuel pools. Distribution of purse money prior to issuance of a laboratory report shall not be deemed a determination that chapter 7890 has not been violated.
Subp. 2. Determination of purse redistribution.
In determining whether or not to redistribute a purse, the commission or stewards shall consider the following factors:
A. inherent severity of the conduct as indicated by the potential harm to person, property, or the integrity of racing;
B. culpability of the violator;
C. frequency of the violator's failure to comply with law or rule;
D. actual harm caused to person, property, or the integrity of racing;
E. ineligible horse;
F. ineligible owner;
G. improper underweight carried in race and not discovered prior to official;
H. fraud; and
I. any other factors related to the seriousness of violations which the commission or stewards deem crucial to the determination as long as the same factors are considered with regard to all violators. The commission or stewards, in making a determination, shall consider both the number of factors applicable to a violation and the degree to which each applies.
History
- Statutory Authority: MS s 240.23; 240.24
- History: 9 SR 2527; 10 SR 2161; 16 SR 2684
Minn. R. 7892.0160 Cost Recovery
The commission shall assess each association for its share of the total cost of medical testing.
History
- Statutory Authority: MS s 240.23; 240.24
- History: 9 SR 2527; 19 SR 2307
Chapter 7895 HORSES; BREEDERS' FUND
Minn. R. 7895.0050 Definitions
Subpart 1. Breeder award.
"Breeder award" means payment made to the owners or lessees of record of a mare based on that mare's registered foal's purse earnings in any race conducted in North America.
Subp. 2. Purse supplements.
"Purse supplements" means money that is added to the purse of a race and is payable to the owner or lessee of a horse who has earned purse earnings in the race.
Subp. 3. Stallion award.
"Stallion award" means payment made to the owners or lessees of the Minnesota-sire of a Minnesota-bred horse that earns purse earnings in any race conducted in North America.
History
- Statutory Authority: MS s 240.03; 240.23
- History: 45 SR 644
Minn. R. 7895.0100 General Provisions
Subpart 1. Scope.
The purpose of this chapter is to administer the breeders' fund under Minnesota Statutes, section 240.18, and the required race provision of Minnesota Statutes, section 240.29.
Subp. 2. Registration.
To qualify for payment of awards and for entry into restricted races, all foal certificates must have the Minnesota registration seal affixed upon them or be available for review through the breed specific registering agency.
Subp. 3. Decisions regarding eligibility for registration.
Questions regarding the registration, eligibility for registration, or breeding of a Minnesota-bred horse shall be decided by the Racing Commission. All original foal registration certificates must be submitted for inspection to the Racing Commission or be available for review through the breed specific registering agency. Affidavits or other substantive proof, as the Racing Commission deems necessary, may be required to support any claim for Minnesota-bred registration.
Subp. 4. Decision regarding eligibility to enter restricted races.
Questions as to the eligibility for nomination or entry in restricted races shall be decided by the Racing Commission.
Subp. 5. Basis for allocation.
The amount of money allocated for any particular race should reflect the quality of the race being run.
Subp. 5a. False statements.
A person who knowingly makes a false statement in a document or application required to be submitted to the commission under this chapter may be denied participation in the breeders' fund for a period not to exceed five years.
Subp. 6. Breeders' fund advisory committees.
All money allocated pursuant to this chapter shall be determined by the commission after consultation with the appropriate breeders' fund advisory committee.
Subp. 6a. Awards and purse supplements forfeited.
A person denied participation in the breeders' fund under subpart 5a shall forfeit and return to the commission any awards and purse supplements received based upon the submission of the false statement.
Subp. 7.
[Repealed, 12 SR 2393]
Subp. 8. Late fees.
All late fees collected for late registration of horses shall be allocated to the breeders' fund administration account.
Subp. 9. Onsite visit.
The presence of broodmares and stallions participating in the Breeder's Fund program is verified each spring by an employee of the commission. Owners, breeders, and facility managers must cooperate and comply with this rule.
Subp. 10. Identification of broodmare and stallion.
Identification is made by each horse's specific physical characteristics and lip tattoo, freeze brand, or microchip. A microchip is required for broodmares and stallions when identification cannot be made using the physical characteristics or when the lip tattoo or freeze brand is illegible.
History
- Statutory Authority: MS s 240.03; 240.18; 240.23; 240.24; 240.29
- History: 10 SR 1908; 11 SR 2201; 13 SR 38; 15 SR 2307; 45 SR 644; 47 SR 990
Minn. R. 7895.0110 Thoroughbred Breeders' Fund
Subpart 1. Definitions.
For purposes of this part, the following terms have the meanings given them unless another intention is made clear.
A. "Breeder" of a Thoroughbred horse means the owner or lessee of the dam at the time of foaling.
B. "Minnesota-bred" or "Minnesota-foaled" means a horse foaled in Minnesota by a broodmare registered with the Racing Commission.
C. "Minnesota-sire" means a stallion that has stood the entire breeding season, between January 31 and July 31, in Minnesota.
Subp. 2. Division of money.
The money available from the breeders' fund for the Thoroughbred breed category shall be divided as follows:
A. Eighty percent shall be set aside and paid to breeders of Minnesota-bred horses as breeders' awards.
B. Twenty percent shall be set aside and paid as stallion awards to the owners of the Minnesota-sire at the time of breeding.
Subp. 3. Distribution of money.
The money available from the Thoroughbred breeders' fund, other than purse supplements earned pursuant to Minnesota Statutes, section 240.135, shall be distributed as follows:
A. "Breeders' awards" shall be paid to the breeder or lessee of a Minnesota-bred horse, as reflected on the Jockey Club physical or digital certificate, that earns purse earnings in any North American pari-mutuel race. The amount of award shall be a percentage of the total amount available for all awards. Purse earnings earned in any North American race that is conducted outside of Minnesota during the Minnesota Thoroughbred racing meeting shall not count toward qualified earnings. A horse's earnings in any single race must not be worth more than the winner's share of the largest purse offered during the Minnesota Thoroughbred racing meeting.
B. "Stallion awards" shall be paid to the owners or lessees of the Minnesota-sire of a Minnesota-bred horse that earns purse earnings in any pari-mutuel race. The amount of award shall be a percentage of the total amount available for all awards. Purse earnings earned in any North American race outside of Minnesota during the Minnesota Thoroughbred racing meeting shall not count toward qualified earnings. A horse's earnings in any single race must not be worth more than the winner's share of the largest purse offered during the Minnesota Thoroughbred racing meeting.
C. Purse supplements earned shall not count toward qualified earnings in determining breeders' or stallion awards.
Subp. 4.
[Repealed, 45 SR 644]
Subp. 5. Purse supplements.
The Racing Commission may set fixed amounts for stakes races and varying percentages for overnight races to be applied as purse supplements that may be earned during the current racing meeting. Purse supplements shall be paid out for Minnesota-bred and registered horses participating in stakes races in the same percentage as the purse earnings in the race. The Racing Commission may, in its discretion, during the course of a racing meeting vary the percentages set for the purpose of keeping purse supplements consistent with the amount of money being earned in the breeders' fund. The Racing Commission shall consider the following criteria in determining the applicable percentages:
A. the total amount of purse supplements to be distributed;
B. the need to distribute purse supplements in a fair and equitable manner with a view toward encouraging the continued support of the horse industry in Minnesota, thereby providing incentive to breeders and owners of Thoroughbred horses within the state; and
C. that the set amount of the purse supplements or any adjustments made thereto are in the best interest of horse racing within the state.
Subp. 6. Time of payment.
A. All money allocated for breeders' awards and stallion awards to be distributed according to subpart 3, shall be distributed by December 31 of the year earned. If all results are not official 60 days following the end of the Minnesota Thoroughbred racing meeting, the Racing Commission will calculate awards based on results that are official. Any results not made official 60 days following the end of the Minnesota Thoroughbred racing meeting that are eligible for awards will be used to calculate awards to be distributed during the year of final decision.
B. For the purposes of breeders' awards and stallion awards, both available award money and qualified purse earnings shall be totaled annually from October 1 to September 30.
Subp. 7.
[Repealed, 12 SR 2393]
Subp. 8. Residual funds.
All unearned purse supplements shall be retained and carried forward to be included as net distributable funds in the succeeding Thoroughbred race meeting.
History
- Statutory Authority: MS s 240.03; 240.18; 240.23; 240.24
- History: 10 SR 1908; 12 SR 2393; 14 SR 332; 14 SR 2008; 16 SR 2684; 19 SR 2307; 20 SR 2592; 37 SR 1503; 45 SR 644
Minn. R. 7895.0125 Thoroughbred Registration
Subpart 1. Broodmare registration.
To be eligible to receive any breeders' award payments and to make a mare's foal eligible for restricted races, the following requirements must be met:
A. Prior to foaling, a broodmare must be in Minnesota and registered with the Racing Commission on or before March 15 of the year in which the broodmare will foal and must remain in Minnesota until foaling. A copy of the broodmare's Jockey Club physical or digital certificate and the registration application must be submitted electronically to the commission by March 15 of the current breeding year.
B. In the event a broodmare that is not registered with the Racing Commission should foal in Minnesota before March 15, the owner must submit a sworn affidavit to the Racing Commission attesting that the foal was born in Minnesota. The affidavit will be considered evidence that the foal is a Minnesota-bred or Minnesota-foaled horse and the owner of the broodmare or his or her agent must register the broodmare in accordance with item A. The attending veterinarian, licensed by the state of Minnesota, must certify that the information provided by the owner or agent is true and correct.
C. Late fees for late broodmare registration will be imposed as follows:
D. Failure to submit broodmare registration forms on or before June 13 of the foaling year will require a late fee of $300 to qualify for any subsequent claims for breeders' award payments or for the foal to be registered as Minnesota-bred.
E. The Racing Commission may, at its discretion, request written documentation from any persons seeking late registration that the broodmare was in Minnesota as of March 15 of the foaling year.
Subp. 2. Stallion registration.
To be eligible to receive any stallion award payments, the following requirements must be met:
A. Stallions must be in Minnesota and registered with the Racing Commission by January 31 of the current breeding year. A copy of the stallion's Jockey Club physical or digital certificate and registration application must be submitted electronically to the commission by January 31 of the current breeding year. If the stallion is leased, a copy of the lease must accompany the registration application. The lease must include a statement that the lessee is authorized to sign the breeding certificate.
B. Stallions must remain in Minnesota for the entire breeding season from January 31 to July 31. A newly acquired stallion that has not been in Minnesota for breeding purposes before January 31 of the current breeding season may be eligible for stallion awards if the stallion has been properly registered with the Racing Commission prior to servicing any mare and the stallion has not serviced any mare after December 31 of the preceding year.
C. Late fees for late stallion registration will be imposed as follows:
D. Failure to submit stallion registration forms on or before May 1 of the breeding year will require a late fee of $300 to qualify for any subsequent claims for stallion award payments.
E. The commission may, at its discretion, request written documentation from any persons seeking late registration that the stallion was standing in Minnesota as of January 31 of the breeding year.
Subp. 3. Foal registration and certification.
For a horse foaled by a Minnesota registered broodmare in Minnesota to be registered and subsequently certified as a Minnesota-bred, the following requirements must be met:
A. Within 21 days of the date a horse is foaled in Minnesota, the foal must be registered with the Racing Commission. The registration form must contain the following information: date, name of the owner or lessee of the registered broodmare, registered name of the broodmare, date the foal was born, owner's statement that the foal was born in Minnesota, and name, signature, and veterinary license number of the Minnesota-licensed veterinarian submitting the report. Failure to submit the veterinarian's report will disqualify any subsequent claim to register the foal as Minnesota-bred.
B. Late fees for late foal registration will be imposed as follows:
C. Failure to submit foal registration forms on or before 91 days of the date of foaling will require a late fee of $300 to qualify for any subsequent claims to earn any breeders' fund payments.
D. The foal certificate must be verified by microchip by the Racing Commission prior to entry into any restricted race.
E. Failure to have foal certificate verified through the official breed registry shall disqualify any claim to enter the horse in a restricted race or to earn any breeders' fund payments.
Subp. 4.
[Repealed, 12 SR 2393]
Subp. 5.
[Repealed, 12 SR 2393]
Subp. 6.
[Repealed, 12 SR 2393]
History
- Statutory Authority: MS s 240.03; 240.18; 240.23; 240.24
- History: 10 SR 2161; 12 SR 2393; 14 SR 2008; 15 SR 2307; 16 SR 2684; 20 SR 2592; 23 SR 832; 45 SR 644; 47 SR 990
Minn. R. 7895.0250 Standardbred Breeders' Fund
Subpart 1. Definitions.
For purposes of this part, the following terms have the meanings given them unless another intention clearly appears.
A. "Breeder" means the owner or lessee of the dam as reflected on the United States Trotting Association (USTA) certificate of registration.
B. "Minnesota-bred" means:
Subp. 2. Division of money.
The money available from the breeders' fund for the standardbred breed category shall be divided as follows:
A. 25 percent shall be set aside and paid to breeders as breeders' awards; and
B. 75 percent shall be paid to supplement purses in races which are restricted to horses that are Minnesota-bred.
Subp. 3. Distribution of money.
The money available from the standardbred breeders' fund shall be distributed as breeders' awards and paid to the breeder, as reflected on the USTA foal certificate, of a Minnesota-bred horse that finishes fifth or better in any pari-mutuel or sanctioned USTA non-pari-mutuel race in Minnesota.
Subp. 4. Methods of payment.
The amount of money distributed for breeders' awards or purse supplements pursuant to subpart 3, shall be paid out in the same percentage as the purse money in the race.
Subp. 5. Adjustments.
The Racing Commission shall set percentages to be applied to each category of the breeders' fund for the purpose of determining the amount of awards and purse supplements that may be earned during the current race meeting. The Racing Commission may, in its discretion, during the course of a race meeting vary the percentages set in each category for the purpose of keeping awards and purse supplements consistent with the amount of money being earned in the breeders' fund and subsequent breeders' award disbursements. The Racing Commission shall consider the following criteria in determining the applicable percentages:
A. the number of potential breeders' award recipients;
B. the total amount of breeders' awards and purse supplements to be distributed;
C. the need to distribute breeders' awards and purse supplements in a fair and equitable manner with a view toward encouraging the continued support of the horse industry in Minnesota, thereby providing incentive to breeders and owners of standardbred horses within the state; and
D. that the set amount of the breeders' awards and purse supplements or any adjustments made thereto are in the best interest of horse racing within the state.
Subp. 6. Time of payment.
Purse supplements are part of the purse and shall be credited to owners' accounts at the time the purses are earned. All money allocated for breeders' awards and stallion awards shall be distributed within 45 days of the end of the standardbred race season.
Subp. 7.
[Repealed, 12 SR 2393]
Subp. 8. Residual funds.
After complying with subparts 4 to 6, any remaining funds in the breeders' awards account, and all unearned purse supplements, shall be retained and carried forward to be included as net distributable funds in the succeeding standardbred race meeting.
Subp. 9. Exceptions.
Money accrued to the standardbred breeders' fund from standardbred simulcasting will be deposited with the commission to be used as purse supplements pursuant to Minnesota Statutes, section 240.18, paragraph 3, clause (b), as approved by the commission for standardbred racing conducted in the state for either a pari-mutuel or non pari-mutuel meet or both.
History
- Statutory Authority: MS s 240.18; 240.23; 240.24
- History: 10 SR 2161; 12 SR 2393; 14 SR 2008; 16 SR 2684; 28 SR 1482; 31 SR 1731
Minn. R. 7895.0275 Standardbred Registration
Subpart 1. Stallion registration.
To be eligible to participate in the standardbred breeders' fund program, the following requirements must be met:
A. Stallions must be in Minnesota and registered with the Racing Commission by January 31 of the current breeding year. The stallion's United States Trotting Association (USTA) certificate must be available for review by the Racing Commission. If the stallion is leased, a copy of the lease must accompany the registration application. The lease agreement must contain a statement that the lessee is authorized to sign the breeding certificate.
B. Stallions must remain in Minnesota for the entire breeding season from January 31 to July 31 unless:
C. A newly acquired stallion that has not been in Minnesota for breeding purposes before January 31 of the current breeding season may be eligible for stallion awards if the stallion has been properly registered with the Racing Commission prior to servicing any mare and the stallion has not serviced any mare after December 31 of the preceding year.
D. Late fees for late stallion registration will be imposed as follows:
E. Failure to submit stallion registration forms after May 1 of the breeding year will require a late fee of $300 to qualify for any subsequent claims for stallion award payments.
F. The Racing Commission may, at its discretion, request written documentation from any persons seeking late registration that the stallion was standing in Minnesota as of January 31 of the breeding year.
Subp. 2. Foal certification.
In order for a horse bred in Minnesota to be registered and subsequently certified as Minnesota-bred, the requirements in items A to C must be met.
A. The USTA certificate of registration must be available for review through the official registering agency prior to entry into any restricted race.
B. Failure to have the foal registered with the Racing Commission by August 31 of the year of its birth will require a late fee to qualify for any subsequent claims to enter the horse in a restricted race or to earn any breeders' fund payments.
C. Late fees for foal registration will be imposed as follows:
Subp. 3.
[Repealed, 12 SR 2393]
Subp. 3. Artificial insemination.
Beginning with the 2006 breeding season, foals conceived by transported semen (including semen shipped out of Minnesota) shall be considered Minnesota-bred as long as they meet the requirements of Rule 26, Section 6, of the United States Trotting Association rules for artificial insemination. The stallion must still meet the requirements in part 7895.0275 for stallion registration in Minnesota.
Subp. 4.
[Repealed, 12 SR 2393]
Subp. 5.
[Repealed, 12 SR 2393]
History
- Statutory Authority: MS s 240.03; 240.18; 240.23; 240.24
- History: 10 SR 2161; 12 SR 2393; 14 SR 2008; 15 SR 2307; 16 SR 2684; 28 SR 1482; 31 SR 1731; 33 SR 2095; 41 SR 1322; 45 SR 644
Minn. R. 7895.0300 Quarter Horse Breeders' Fund
Subpart 1. Definitions.
For purposes of this part, the following terms have the meanings given them unless another intention clearly appears:
A. "Artificial insemination" means the introduction of semen, either fresh, cooled, or frozen, into the vagina or uterus of the mare without sexual contact.
B. "Breeder" means the owner or lessee of the broodmare registered with the Racing Commission.
C. "Broodmare" means either a recipient mare, or a mare in foal by natural cover or artificial insemination.
D. "Donor mare" means the genetic dam of the embryo, oocyte, or fertilized egg, but not the mare carrying the foal.
E. "Embryo" means an egg that has been fertilized by sperm and undergone one or more divisions.
F. "Embryo transfer" means the transfer of an embryo from a donor mare into the uterus of a recipient mare for the duration of the pregnancy.
G. "Fertilized egg" means intercytoplasmic sperm injection and conventional in vitro fertilization. The fertilized egg is generally transferred to the uterus of a recipient mare.
H. "Minnesota-bred" or "Minnesota-foaled" means a horse foaled in Minnesota by a broodmare registered with the Racing Commission.
I. "Minnesota-sire" means a stallion that has stood the entire breeding season, from January 31 through July 31, in Minnesota and is registered with the Racing Commission.
J. "Minnesota-sired" or "Minnesota-sire" means a horse produced by a stallion registered with the Racing Commission. Horses can be sired by natural cover, artificial insemination, or by transfer of an embryo, oocyte, or fertilized egg.
K. "Natural cover" means natural breeding occurring between a mare and stallion.
L. "Recipient mare" means a mare carrying a foal by means of transfer of an embryo, oocyte, or fertilized egg from a donor mare. The recipient mare must be registered with the Racing Commission.
M. "Oocyte" means an egg or female reproductive cells.
N. "Oocyte transfer" means the transfer of a retrieved, unfertilized egg(s) from a donor mare into a recipient mare and then the mare is bred.
Subp. 2. Division of money.
The money available from the breeders' fund for the Quarter Horse category shall be divided as follows:
A. 80 percent shall be set aside and paid as awards to the owner or lessee of the broodmare at the time of foaling; and
B. 20 percent shall be set aside and paid as stallion awards to the owners or lessees of the Minnesota-sire of Minnesota-bred horses at the time of breeding.
Subp. 3. Distribution of money.
The award money available from the Quarter Horse breeders' fund shall be distributed as follows:
A. "Breeders' awards" shall be paid to the breeder at the time of foaling of a Minnesota-bred horse as registered with the Racing Commission, that earns purse earnings in any North American pari-mutuel race. The amount of award shall be a percentage of the total amount available for all awards. Purse earnings earned in any North American race that is conducted outside of Minnesota on or after the first scheduled Minnesota Quarter Horse live race and on or before the last scheduled Minnesota Quarter Horse live race shall not count toward qualified earnings. A horse's earnings in any single race must not be worth more than the winner's share of the largest purse offered during the Minnesota Quarter Horse racing meeting.
B. "Stallion awards" shall be paid to the stallion owner or recorded lessee (at the time of breeding) of a Minnesota-bred and sired horse that earns purse earnings in any North American pari-mutuel race. The amount of award shall be a percentage of the total amount available for all awards. Purse earnings earned in any North American race that is conducted outside of Minnesota on or after the first scheduled Minnesota Quarter Horse live race and on or before the last scheduled Minnesota Quarter Horse live race shall not count toward qualified earnings. A horse's earnings in any single race must not be worth more than the winner's share of the largest purse offered during the Minnesota Thoroughbred racing meeting.
Subp. 4.
[Repealed, 45 SR 644]
Subp. 5. Purse supplements.
Purse supplements earned shall not count toward qualified earnings in determining breeders' or stallion awards. The Racing Commission may set fixed amounts for stakes races and varying percentages for overnight races to be applied as purse supplements that may be earned during the current racing meeting. Purse supplements shall be paid out for Minnesota-bred and registered horses participating in stakes races, in the same percentage as the purse earnings in the race. The Racing Commission may, in its discretion, during the course of a racing meeting vary the percentages set in each category for the purpose of keeping purse supplements consistent with the amount of money being earned in the breeders' fund and subsequent award disbursements. The Racing Commission shall consider the following criteria in determining the applicable percentages:
A. the total amount of awards and purse supplements to be distributed;
B. the need to distribute awards and purse supplements among Minnesota breeders and owners in a fair and equitable manner with a view toward encouraging the continued support of the horse industry in Minnesota, thereby providing incentive to breeders and owners of Quarter Horses within the state; and
C. that the set amount of the awards and purse supplements or any adjustments made thereto are in the best interest of horse racing within the state.
Subp. 6. Time of payment.
Purse supplements are part of the purse and shall be credited to owners' accounts at the time the purses are earned. All money allocated for breeders' awards and stallion awards shall be distributed by December 31 of the year earned. If all results are not official 60 days following the end of the Minnesota Quarter Horse racing meeting, the Racing Commission will calculate awards based on results that are official. Any results not made official 60 days following the end of the Minnesota Quarter Horse racing meeting that are eligible for awards will be used to calculate awards to be distributed during the year of final decision.
For the purposes of breeders' awards and stallion awards, both available award money and qualified purse earnings shall be totaled annually from October 1 to September 30.
Subp. 7. Residual funds.
All unearned purse supplements shall be retained and carried forward to be included as net distributable funds in the succeeding Quarter Horse race meeting.
History
- Statutory Authority: MS s 240.03; 240.18; 240.23; 240.24
- History: 10 SR 2161; 12 SR 2393; 14 SR 2008; 16 SR 2684; 18 SR 886; 19 SR 2307; 28 SR 1482; 31 SR 1731; 39 SR 1115; 45 SR 644; 49 SR 1123; 50 SR 1117
Minn. R. 7895.0350 Quarter Horse Registration
Subpart 1. Broodmare registration.
To be eligible to receive any breeders' award payments and to make a mare's foal eligible for restricted races, the following requirements must be met:
A. Prior to foaling, a broodmare must be in Minnesota and registered with the Racing Commission on or before March 15 of the year in which the broodmare will foal and must remain in Minnesota until foaling. A copy of the broodmare's original American Quarter Horse Association (AQHA) certificate or digital certificate (or Jockey Club certificate in the case of a Thoroughbred mare in foal to a Quarter Horse stallion) and registration application must be submitted electronically to the commission by March 15 of the current breeding year. In the event the broodmare is a recipient mare, the broodmare must be registered via a form provided by the commission.
B. In the event a broodmare that is not registered with the Racing Commission should foal in Minnesota before March 15, the owner or lessee must submit a sworn affidavit to the Racing Commission attesting that the foal was born in Minnesota. The affidavit will be considered evidence that the foal is a Minnesota-bred horse and the owner of the broodmare or his or her agent must register the broodmare in accordance with item A. The attending veterinarian, licensed by the state of Minnesota, must certify on information and belief that the information provided by the owner, lessee, or agent is true and correct.
Subp. 1a.
[Repealed, 45 SR 644]
Subp. 1b.
[Repealed, 45 SR 644]
Subp. 1c. Fees.
A. Fees for all late broodmare registrations will be imposed as follows:
B. Failure to submit broodmare registration forms on or before January 1 of the year after foaling will require payment of a fee of $300 to qualify for any subsequent claims for breeders' award payments or for the foal to be registered as a Minnesota-bred horse.
C. The Racing Commission may, at its discretion, request written documentation from any persons seeking late registration that the broodmare was in Minnesota as of March 15 of the foaling year.
Subp. 2. Stallion registration.
To be eligible to receive any stallion award payments, the following requirements must be met:
A. Stallions must be in Minnesota and registered with the Racing Commission by January 31 of the current breeding year. A copy of the stallion's original American Quarter Horse Association (AQHA) certificate or digital equivalent must be submitted electronically to the commission. If the stallion is leased, a copy of the lease must accompany the registration application. The lease must include a statement that the lessee is authorized to sign the breeding certificate.
B. Stallions must remain in Minnesota for the entire breeding season from January 31 through July 31, unless the Racing Commission is notified in writing by certified mail or email in the event a stallion shall leave Minnesota for racing, medical, or show purposes, or is sold privately or through public auction. A stallion may not breed any mares while in another state. A newly acquired stallion that has not been in Minnesota for breeding purposes before January 31 of the current breeding season may be eligible for stallion awards if the stallion has been properly registered with the Racing Commission and the stallion has not serviced any mare after December 31 of the preceding year.
C. Late fees for late stallion registration will be imposed as follows:
D. Failure to submit stallion registration forms on or before January 1 of the foaling year will require payment of a fee of $300 to qualify for any subsequent claims for stallion award payments.
E. The Racing Commission may, at its discretion, request written documentation from any persons seeking late registration that the stallion was standing in Minnesota as of January 31 of the breeding year.
Subp. 3. Foal registration.
For a horse foaled in Minnesota to be registered as a Minnesota-bred horse, the following requirements must be met:
A. Within 21 days of the date a horse is foaled in Minnesota, the foal must be registered with the Racing Commission. The registration must include the following information: date, name of the owner or lessee of the registered broodmare, date the foal was born, owner's or lessee's statement that the foal was born in Minnesota, and name, signature, and veterinary license number of the Minnesota-licensed attending veterinarian. Failure to submit the veterinarian's report will disqualify any subsequent claim to register the foal as a Minnesota-bred horse.
B. Late fees for late foal registration will be imposed as follows:
C. Failure to submit foal registration forms on or before 91 days after foaling will require payment of a fee of $300 to qualify for any subsequent claims to enter the horse in a restricted race or to earn any breeders' fund payments.
D. The original foal certificate must be verified by the Racing Commission prior to starting in any restricted race.
E. Failure to have a foal certificate verified shall disqualify any claim to enter the horse in a restricted race or to earn breeders' fund payments.
Subp. 4.
[Repealed, 12 SR 2393]
Subp. 4.
[Repealed, 45 SR 644]
Subp. 5.
[Repealed, 12 SR 2393]
Subp. 6.
[Repealed, 12 SR 2393]
History
- Statutory Authority: MS s 240.03; 240.18; 240.23; 240.24
- History: 10 SR 2161; 12 SR 2393; 14 SR 332; 14 SR 2008; 15 SR 2307; 16 SR 2684; 31 SR 1731; 39 SR 1115; 45 SR 644; 47 SR 990; 50 SR 1117
Minn. R. 7895.0400 Arabian Breeders' Fund
Subpart 1. Definitions.
For purposes of this part, the following terms have the meanings given them unless another intention clearly appears.
A. "Breeder" means the owner or lessee of the dam at the time of conception in Minnesota.
B. "Minnesota-foaled" or "Minnesota-bred" means a horse foaled in Minnesota.
C. "Minnesota-sire" means a stallion owned at least 50 percent by residents of Minnesota or leased entirely by Minnesota residents, and which has stood the entire breeding, between January 31 and August 31, in Minnesota, or has had transported semen to a specific mare in another state but the stallion has stood the entire breeding season in Minnesota.
Subp. 2. Division of money.
The money available from the breeders' fund for the Arabian breed category shall be divided as follows:
A. 25 percent shall be set aside and paid to breeders of Minnesota-bred horses as breeders' awards;
B. 55 percent shall be paid to supplement purses. The purse supplements shall be apportioned in accordance with the quality of the race as determined by the commission;
C. ten percent shall be set aside and paid as stallion awards to the owners of the Minnesota-sire at the time of breeding; and
D. ten percent shall be set aside and paid as owners' awards to the owners of Minnesota-bred or Minnesota-foaled horses.
Subp. 3. Distribution of money.
The money available from the Arabian breeders' fund, other than purse supplements, shall be distributed as follows:
A. "Breeders' awards" shall be paid to the breeder of a Minnesota-bred horse, as reflected on the Arabian Horse Registry of America, Inc. certificate, that finishes third or better in any pari-mutuel race.
B. "Stallion awards" shall be paid to the stallion owner of a Minnesota-bred or Minnesota-foaled horse that finishes third or better in any pari-mutuel race.
C. "Owner awards" shall be paid to the owner of a Minnesota-bred horse, as defined by the Arabian Horse Registry of America, Inc. certificate, that finishes third or better in any pari-mutuel race.
Subp. 4. Methods of payment.
The amount of money distributed by the commission for awards or purse supplements pursuant to subpart 3 shall be paid out in the same percentage as the purse money in the race. Purse supplements earned shall not be included in determining breeders' or stallion awards. The amount of money to be distributed shall be in accordance with subpart 5.
Subp. 5. Adjustments.
The Racing Commission shall set percentages to be applied to purse supplements that may be earned during the current race meeting. The Racing Commission may, in its discretion, during the course of a race meeting vary the percentages set for the purpose of keeping purse supplements consistent with the amount of money being earned in the breeders' fund. The Racing Commission shall consider the following criteria in determining the applicable percentages:
A. the total amount of purse supplements to be distributed;
B. the need to distribute purse supplements in a fair and equitable manner with a view toward encouraging the continued support of the horse industry in Minnesota, thereby providing incentive to breeders and owners of Arabian horses within the state; and
C. that the set amount of the purse supplements or any adjustments made thereto are in the best interest of horse racing within the state.
Subp. 6. Time of payment.
Purse supplements are part of the purse and shall be credited to owners' accounts at the time the purses are earned. All money allocated for breeders' awards, owners' awards, and stallion awards shall be distributed within 45 days of the end of the Arabian race meeting.
Subp. 7. Residual funds.
All unearned purse supplements shall be retained and carried forward to be included as net distributable funds in the succeeding Arabian race meeting.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 2684
Minn. R. 7895.0450 Arabian Registration
Subpart 1. Broodmare registration.
To be eligible to receive any breeders' award payments, the following requirements must be met:
A. Prior to foaling, the broodmare must be in Minnesota and registered or the registration renewed with the Racing Commission or official registering agency on or before January 31 of the year in which the broodmare will foal. The broodmare's original Arabian Horse Registry of America, Inc. certificate must be received by the Racing Commission or official registering agency.
B. In the event an unregistered broodmare should foal in Minnesota before January 31, the owner must submit a sworn affidavit to the Racing Commission or the official registering agency attesting that the foal was born in Minnesota. The affidavit will be considered evidence that the foal is a Minnesota-bred or Minnesota-foaled horse and the owner of the broodmare or his or her agent must register the broodmare in accordance with item A. The attending veterinarian, licensed by the state of Minnesota, must certify on information and belief that the information provided from the owner or agent is true and correct.
C. Fines for late broodmare registration will be imposed as follows:
D. Failure to submit broodmare registration forms on or before May 1 of the foaling year (excluding Saturday and Sunday) will require payment of a fine of $300 to qualify for any subsequent claims for breeders' award payments or for the foal to be registered as Minnesota-bred.
E. The commission may, at its discretion, request written documentation from any persons seeking late registration that the broodmare was standing in Minnesota as of January 31 of the foaling year.
Subp. 2. Stallion registration.
To be eligible to receive any stallion award payments, the following requirements must be met:
A. Stallions must be in Minnesota and registered or the registration renewed with the Racing Commission or official registering agency by January 31 of the current breeding year. The stallion's original Arabian Horse Registry of America, Inc. certificate must be received by the Racing Commission or official registering agency. If the stallion is leased, a copy of the lease must accompany the registration application. The lease must include a statement that the lessee is authorized to sign the breeding certificate.
B. Stallions must remain in Minnesota for the entire breeding season from January 31 to August 31. A newly acquired stallion which has not been in Minnesota for breeding purposes before January 31 of the current breeding season may be eligible for stallion awards if the stallion has not serviced any mare after December 31 of the previous year.
C. Fines for late stallion registration will be imposed as follows:
D. Failure to submit stallion registration forms on or before May 1 of the breeding year (excluding Saturday and Sunday) will require payment of a fine of $300 to qualify for any subsequent claims for stallion award payments.
E. The commission may, at its discretion, request written documentation from any persons seeking late registration that the stallion was standing in Minnesota as of January 31 of the breeding year.
F. Any stallion outside Minnesota that is licensed in the semen transport program governed by the Arabian Horse Registry of America, Inc. must be registered with the Racing Commission or official registering agency. A special affidavit will be signed and notarized by the stallion owner and registered with the Racing Commission or official registering agency. All requirements in subpart 2 will apply to the stallion in question.
Subp. 3. Foal registration and certification.
For a horse foaled in Minnesota to be registered and subsequently certified as Minnesota-bred, the following requirements must be met:
A. Within 30 days of the date a horse is foaled in Minnesota, the foal must be registered with the racing commission or official registering agency. The registration form must contain the following information: the date, the name of the owner of the foaling dam at the time of conception, the date that the foal was born, an owner's statement that the foal was born in Minnesota, and the signature and veterinary license number of the veterinarian submitting the report. Failure to submit the veterinarian's report will disqualify any subsequent claim to register the foal as Minnesota-bred.
B. Fines for late foal registration will be imposed as follows:
C. Failure to submit foal registration forms on or before 120 days of the date of foaling will require payment of a fine of $300 to qualify for any subsequent claims to enter the horse in a restricted race or to earn any breeders' fund payments.
D. The original foal certificate must be embossed by the racing commission or official registering agency prior to entry into any restricted race.
E. Failure to have foal certificate embossed shall disqualify any claim to enter a horse in a restricted race or to earn any breeders' fund payments.
History
- Statutory Authority: MS s 240.23
- History: 16 SR 2684
Chapter 7897 HORSE RACING; PROHIBITED ACTS
Minn. R. 7897.0100 Prohibited Acts
Subpart 1. Scope.
The following activities are considered prohibited acts.
Subp. 2. Violations of laws.
No person shall engage in conduct which is in violation of federal, state, or local criminal or civil laws.
Subp. 3. Possession of firearms or weapons.
No person if prohibited by the association shall possess while on the grounds of an association a firearm or other dangerous weapon as defined in Minnesota Statutes, section 609.02, subdivision 6.
Subp. 4. Destruction of property.
No person shall damage or destroy property of the association or another by fire or any other means.
Subp. 5. Smoking.
No person shall smoke in nonsmoking areas as designated by the commission or the association.
Subp. 6. Altercations.
No person shall provoke or engage in a physical altercation while on the grounds of an association.
Subp. 6a. Hostile acts.
No person shall engage in conduct or use language that is threatening, harassing, or abusive toward a person or animal while on the grounds of an association.
Subp. 7. Cooperation with security officers and racing officials.
No person shall fail to comply with orders of security officers or racing officials, including regulatory veterinarians, or interfere with security officers or racing officials, including regulatory veterinarians, in the performance of their official duties. No racing official shall fail to comply with orders of a steward while in the performance of the steward's duties.
Subp. 8. Contact with jockeys/drivers.
No persons, except as authorized by the stewards, shall communicate or attempt to communicate with a jockey or driver during racing hours, or attempt to gain entrance to the jockeys'/drivers' quarters at any time.
Subp. 9. Fraud.
No person shall engage in any fraud or misrepresentation with regard to the sale, breeding, or racing of horses.
Subp. 10. Financial responsibility.
No licensee shall willfully or deliberately refuse to pay any money when due for any service, supplies, or fees connected with his or her activities as a licensee, nor shall he or she falsely deny any such amount due or the validity of the claim therefore with the purpose of hindering or defrauding the person to whom the indebtedness is due.
A. All financial responsibility complaints against a licensee shall be made in writing, presenting facts sufficient to enable the stewards to determine that the claim is meritorious and is directly related to the licensee's racing activities and that the debt became due within the last two years. The commission shall honor all horse racing related financial complaints that go through the civil courts whereby a civil judgment is presented.
B. Upon receipt of a complaint, the stewards may conduct an investigation and attempt to resolve the matter informally. If the stewards determine that the complaint has merit, and cannot resolve the matter informally or determine that it is not appropriate to settle the matter informally, then the stewards shall commence the appropriate disciplinary procedures in chapter 7897.
Subp. 11. Nerved horses.
No person shall bring onto the grounds of a racetrack for the purpose of racing or selling any horse which has had a nerve removed from its leg.
Subp. 12. Horses with impaired vision.
No person shall bring onto the grounds of a racetrack, or enter or cause to be entered in any race, or sell or offer for sale, any horse which has impaired vision in both eyes or suffers from periodic ophthalmia (commonly referred to as "moon blindness").
Subp. 13. Failure to obtain license.
No person shall fail to secure a Class C license, if required, prior to the performance of his or her occupational duties.
Subp. 14. Employing unlicensed personnel.
No licensee shall employ unlicensed personnel unless licenses are not required for such personnel.
Subp. 15. Removing a horse without permission.
A. For Thoroughbreds and Quarter Horses, no person shall remove from the stable area of a licensed racetrack any horse without the written permission of the racing secretary or the stewards.
B. For Standardbreds, no person shall remove from the stable area of a licensed racetrack any horse that is required to be on association grounds by 9:00 a.m. the day before they race without written permission of the stewards.
Subp. 16. Helmets to be worn.
No person shall ride or drive a horse while on the grounds of an association without a properly fastened protective riding helmet.
Subp. 17. Hypodermic equipment and injectable substances prohibited.
The following shall apply to the possession of hypodermic equipment and injectable substances while on the grounds of an association:
A. While within a restricted area of a licensed racetrack no person, other than a veterinarian, shall have in his or her possession any equipment for hypodermic injection or any substance for hypodermic administration. A noninjectable medication prescribed by a veterinarian for an existing condition may be possessed, provided its user has a valid current prescription and its use is consistent with the purposes of this chapter.
B. Notwithstanding item A, any person may have in his or her possession within a restricted area of a licensed racetrack:
Subp. 18. Possession of electrical devices.
No person, while on the grounds of an association, shall have in his or her possession any electrical or mechanical device or other appliance, other than an ordinary riding whip, that could be used for the purpose of stimulating a horse or affecting its speed in a race or workout.
Subp. 19. Driving violation.
No person may park or drive a vehicle on the grounds of the association in a manner which creates a potential hazard to persons or property.
Subp. 20. Possession, administration to, or presence in a horse of a prohibited drug, substance, medication or metabolites, biological product, growth hormone, hormone releasing factor, venom, or synthetic analog of venom.
A. No person may possess or administer, on the premises of a licensed association under the jurisdiction of the commission, a prohibited drug, substance foreign to the natural horse, medication or metabolites, biological product, blood doping agent, growth hormone, venom, synthetic analogue of venom, derivative of venom, synthetic analogue of a derivative of venom, or a synthetic or natural analogue of a hormone releasing factor that has not been approved by the United States Department of Agriculture (USDA) or the United States Food and Drug Administration (FDA) for any use in humans or animals without prior permission of the stewards or judges and commission veterinarian.
B. No person may possess or administer a prohibited drug, substance, medication or metabolites, biological product, venom, synthetic analogue of venom, derivative of venom, synthetic analogue of a derivative of venom, synthetic or natural analogue of a hormone releasing factor, or growth hormone on the premises of a facility under the jurisdiction of the commission:
C. The presence in or administration to a horse of the following, on the premises of a licensed association under the jurisdiction of the commission, is prohibited at any time:
D. No person other than a licensed veterinarian rendering emergency care may possess, on the premises of a licensed association under the jurisdiction of the commission, whole blood or packed red blood cells. The licensed veterinarian shall notify the commission veterinarian of the intent to administer whole blood or packed red blood cells prior to collection or possession of the whole blood or packed red blood cells.
E. No person shall feed, or cause or knowingly permit to be fed, or conspire in any manner to feed products that contain any drug not permitted by chapter 7890 to a horse entered or to be entered for a race.
F. No person shall have in the person's possession, within the confines of a racetrack or within its stables, buildings, sheds, or grounds, where horses are lodged or kept which are eligible to race over a racetrack, any feed products containing drugs not otherwise and expressly approved for use in race horses.
G. No person shall possess any bisphosphonate drug on the grounds of a licensed racetrack.
Subp. 21. Pregnant mare.
No mare over 120 days gestation may be entered to race.
Subp. 22. Use of nonrecognized racing equipment.
Nonrecognized racing equipment must not be used on a horse on a day the horse is scheduled to race, unless the use is approved in advance by the stewards in consultation with the commission veterinarian.
Subp. 23. Chain shank.
No person may lead a horse with a chain shank unless the oral portion is covered with a soft, nonabrasive material.
Subp. 24. Security and surveillance equipment.
No person shall tamper with or alter in any manner security or surveillance equipment used by the commission or an association without the prior approval of the commission.
Subp. 25. Thyroid supplementation.
Unless prescribed for a specific horse with documented hypothyroidism under part 7890.0110, subpart 7b, and approved by the chief commission veterinarian, the possession of thyroid powder, tablets, or any other form of thyroid supplementation on the grounds of the racetrack is prohibited.
Subp. 26. Furosemide and oral diuretic supplementation.
Unless prescribed for a horse with a documented medical condition and approved by the chief commission veterinarian, the possession of furosemide and other diuretic oral solutions, tablets, paste, or other forms is prohibited.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 9 SR 2527; 10 SR 1908; 12 SR 2393; 14 SR 332; 15 SR 2307; 16 SR 2684; 28 SR 1482; 34 SR 1135; 36 SR 1407; 40 SR 1393; 41 SR 1322; 42 SR 1258; 44 SR 1047; 46 SR 6; 47 SR 990; 49 SR 497; 49 SR 1123; 50 SR 1117
Minn. R. 7897.0110 Use of Drugs and Alcohol
Subpart 1. Drugs.
The commission, the commission's investigative staff, or the stewards may, at any time, require any licensee having direct physical contact with horses or direct responsibility for some portion of the day's racing program, or whose racing duties place him or her in a position of danger, or who commits an act that endangers a horse or human, or exhibits suspected impaired behavior, to provide one of the following for analysis: blood, breath, saliva, or urine samples. The type or types of sample to be provided shall be determined by the investigator, the board of stewards, or both, after consideration of the circumstances involved and the alleged substance involved. A second specimen may be required for confirmation or quantification. This specimen must be analyzed at an independent laboratory selected by the commission. Failure to comply with this requirement shall be a serious violation under part 7897.0130.
Should any licensee other than a racing official, jockey, apprentice jockey, assistant starter, or driver be found to have levels of any nonprescription, prohibited, or illegal drug, or prescription medication at a concentration associated with the dose greater than that which has been prescribed, or an alcohol concentration greater than 0.04 percent, the licensee shall be subject to disciplinary action by the stewards and the commission. For purposes of this part, "alcohol concentration" means:
A. the number of grams of alcohol per 100 milliliters of blood; or
B. the number of grams of alcohol per 210 liters of breath; or
C. the number of grams of alcohol per 67 milliliters of urine. Should a licensee who is a racing official, jockey, apprentice jockey, assistant starter, or driver be found to have any level of any nonprescription, prohibited, or illegal drug, or alcohol, or prescription medication at a concentration associated with the dose greater than that which has been prescribed by a medical professional for that individual, on the day of competition, the licensee must not be allowed to participate in the competition and shall be subject to disciplinary action by the stewards and the commission.
Subp. 2.
[Repealed, 15 SR 2307]
History
- Statutory Authority: MS s 240.03; 240.08; 240.16; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 15 SR 2307; 19 SR 2307; 22 SR 1785; 28 SR 1482; 42 SR 1258; 49 SR 1123
Minn. R. 7897.0115 Failure to Appear
No licensee shall fail to appear in any court of competent jurisdiction on any criminal complaint, indictment, tab charge, citation, or bench warrant.
History
- Statutory Authority: MS s 240.23
- History: 11 SR 2201
Minn. R. 7897.0120 Disciplinary Sanctions
Subpart 1. Sanctions.
Any licensee engaging in any prohibited act as provided in parts 7897.0100 to 7897.0115, or any other violation of Minnesota Statutes, chapter 240, or the commission's rules, is subject to license suspension or revocation, the levying of a fine as provided in part 7897.0130, and having such conditions placed on the license as reasonably necessary to ensure the integrity of racing and the health, safety, and welfare of its participants. The commission or stewards may also impose such sanctions on a person whose license has expired for conduct that occurred when the license was in effect. When determining what sanction or sanctions to issue, the commission or stewards must consider the nature, chronicity and severity of the violations, and their effects on the integrity of racing and the safety and welfare of racing participants.
Subp. 2. Exclusion from racetrack.
Any person engaging in any prohibited act as provided in part 7897.0100 is subject to exclusion pursuant to Minnesota Statutes, section 240.27, from all licensed racetracks under the jurisdiction of the commission.
Subp. 3. Reciprocity of rulings.
The commission, its designee, or stewards may deny, suspend, or revoke a Class C license if it is found that the applicant or licensee, or any person who is an agent, employee, or associate of such applicant or licensee:
A. is presently under suspension or his or her license has been denied or revoked for any reason by a legally constituted racing commission or gaming authority of another jurisdiction; or
B. becomes suspended or has his or her license denied or revoked for any reason by a legally constituted racing commission or gaming authority of another jurisdiction while such licensee is licensed in Minnesota. Before considering a licensee for reinstatement in Minnesota or granting a license to an applicant, the commission, its designee, or stewards shall require such licensee to obtain reinstatement in the original racing jurisdiction where his or her license was denied, suspended, or revoked, and to establish his or her fitness to be reinstated in Minnesota.
Subp. 4. Effect of sanctions.
A. An individual whose license has been denied is ineligible to apply for a license from the commission for two years.
B. An individual whose license has been revoked is ineligible to apply for a license from the commission for five years.
C. An individual whose license has been revoked or suspended, and has not been restored to good standing, is excluded from the grounds of all licensed racetracks under the jurisdiction of the commission.
D. An individual who has not paid a fine levied by the commission, and has not timely appealed the fine, is ineligible to reapply for a license until the fine is paid in full.
E. An individual whose license has been denied, revoked, or suspended, and has not been restored to good standing, may not benefit financially from racing, training, or caring for horses at a licensed racetrack. This includes but is not limited to prohibiting the transfer of ownership, training, or care of horses to any of the following without the express permission of the stewards:
History
- Statutory Authority: MS s 240.03; 240.13; 240.15; 240.16; 240.18; 240.23; 240.24; 240.25
- History: 9 SR 2527; 10 SR 1908; 11 SR 2201; 41 SR 1322; 42 SR 1258
Minn. R. 7897.0130 Schedule of Fines
Subpart 1. Imposition of fines.
The commission may impose a civil fine upon any licensee for a violation of laws related to horse racing or the commission's rules after a determination of the severity of the violation. The stewards may impose a civil fine upon a Class C licensee.
Subp. 2. Categories of violations.
The commission or stewards shall assign a violation to one of the following categories:
A. A "serious violation" is a failure to comply with law or rule when the failure has a substantial adverse effect on the integrity of pari-mutuel horse racing, public welfare, health, or safety.
B. A "violation" is any failure, other than a serious violation, to comply with a law or rule.
Subp. 3. Assignment of categories and determination of fine amount.
In assigning a particular violation to a category, and in determining the amount of the fine for any violation, the commission or stewards shall consider the following factors:
A. the potential or actual harm to persons, property, or the integrity of racing;
B. the culpability of the violator;
C. the frequency of the violator's failure to comply with law or rule; and
D. any other factors reasonably related to the health, safety, and welfare of participants in racing or the integrity of pari-mutuel racing in Minnesota, as long as the same factors are considered with regard to all similarly situated violators.
Subp. 4. Serious violations.
Violations of Minnesota Statutes, section 240.25, misrepresentation of the identity of a horse, possession of a firearm in violation of state law, setting or attempting to set a fire on the racetrack premises, a violation of part 7897.0110, and any violation involving a substance defined by the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances as a Class 1 foreign substance shall be deemed per se serious violations.
Subp. 5. Amount of fines.
A. The fine for a serious violation of law or rule shall be:
B. The fine for other violations shall not exceed $999.
C. The commission may impose a fine in excess of $5,000 but no more than $200,000 against a Class A, B, or D licensee as necessary to enforce parts 7870.0430, 7870.0450 to 7870.0470, or 7870.0500.
Subp. 6. Timetable for paying fines.
A. All fines imposed by the stewards or commission must be paid within 120 hours after receiving a written ruling imposing the fine.
B. Failure to pay the fine within the required time is grounds for suspension, an additional fine, and such other sanctions and restrictions as the commission, its designee, or the stewards reasonably deem necessary.
C. The commission shall designate one or more employees responsible for collecting fines and they shall notify the stewards and executive director of delinquent fines.
History
- Statutory Authority: MS s 240.03; 240.22; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 28 SR 1482; 41 SR 1322; 42 SR 1258; 46 SR 1210
Minn. R. 7897.0140 Suspension or Revocation
Any ground for denial of a license also is a ground for imposition of a fine, suspension, or revocation of the license.
History
- Statutory Authority: MS s 240.08; 240.22; 240.23
- History: 9 SR 2527
Minn. R. 7897.0150 Disciplinary Procedures
Subpart 1. Stewards' meetings.
Whenever the stewards have reasonable cause to believe that a Class C licensee has committed an act or engaged in conduct in violation of statute or rules of the commission or which in the opinion of the stewards otherwise adversely affects the integrity of horse racing, the following procedures will apply:
A. The licensee shall be immediately subject to such intermediate conditions, limitations, and restrictions as the stewards decide necessary to protect the public safety, health, and welfare and to ensure the integrity of racing.
B. Within three days of the matter coming to the attention of the stewards, the licensee shall be summoned to a meeting of the stewards called for the purpose of investigating suspected or alleged misconduct by the licensee at which all stewards or their appointed deputies shall be present; however, the licensee may request a continuance and such continuance need not necessarily stay any intermediate sanction.
C. The summons given to the licensee shall be in writing and give adequate notice of the date, time, place, and purpose of the stewards' meeting, and shall specify by number the statutes or rules allegedly violated.
D. Every person called to testify before the stewards at such meeting is entitled to have counsel or an observer of the person's choosing present at the meeting; however, such counsel or observer may only participate under such conditions or in such manner as the stewards direct.
E. If a licensee, after receiving adequate notice of a stewards' meeting, fails to appear as summoned, the licensee will be deemed to have waived any right to appear and present evidence to the stewards.
F. No special announcement of the meeting or of the alleged infraction of rules shall be made until after the stewards' meeting, when the stewards shall transmit a signed written decision to the commission and to the licensee containing the stewards' findings and the penalty imposed.
G. In the event the stewards are unable to arrive at a decision by a majority vote, the matter will automatically be referred to the commission and treated as an appeal.
Subp. 2. Penalties imposed by stewards.
The stewards may suspend a license up to one year or impose a fine of up to $10,000 in accordance with the schedule of fines in part 7897.0130 or both; in addition, they may order any other appropriate disciplinary or corrective action. The stewards may also make recommendations to the commission for penalties in excess of their authority.
Subp. 3.
[Repealed, 42 SR 1258]
Subp. 4.
[Renumbered 7897.0155 subp 2]
Subp. 5.
[Repealed, 42 SR 1258]
Subp. 6.
[Repealed, 42 SR 1258]
Subp. 7.
[Renumbered 7897.0155 subp 5]
Subp. 8.
[Repealed, 42 SR 1258]
Subp. 9.
[Renumbered 7897.0155 subp 7]
Subp. 10. Penalties imposed by stewards or commission for medication violations.
A. Upon a finding of a violation of chapter 7890, the stewards or commission shall consider the classification and penalty category of the substance at the time of the violation as referenced in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances and Recommended Penalties, as well as any existing mitigating or aggravating factors, and shall impose penalties and disciplinary measures consistent with the recommendations contained therein except as limited by part 7897.0130, subpart 5.
B. Mitigating or aggravating factors must be shown by a preponderance of evidence that the circumstances were actually present in the instant case. Mere speculation that the circumstances might have been present is not sufficient proof.
C. For purposes of this subpart, mitigating factors are conditions or circumstances that do not excuse or justify wrongful conduct, but are considered out of fairness in deciding to reduce a penalty.
D. For purposes of this subpart, aggravating factors are conditions or circumstances that permit a harsher penalty to be imposed but do not permit a penalty to be imposed greater than that allowed under the law or rule.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.13; 240.15; 240.16; 240.19; 240.22; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 14 SR 2008; 24 SR 1568; 34 SR 1135; 41 SR 1322; 42 SR 1258; 46 SR 6
Minn. R. 7897.0155 Appeal to Commission
Subpart 1. Appeals.
A. A license denial, a sanction under part 7897.0120, or a stewards' decision regarding a Class C licensee may be appealed to the commission.
B. The licensee may ask the commission to reverse the decision in whole or in part or to lessen the sanction ordered.
C. Appeals to the commission are not subject to the contested case procedures.
Subp. 2. Review or appeal by commission, director, or deputy director.
Nothing in this chapter precludes the commission, director, or deputy director from instituting proceedings to appeal a steward's decision; or the commission from instituting proceedings to review a steward's decision on its own motion.
Subp. 3. Stays of decisions.
An appeal of a sanction or stewards' decision shall not automatically stay the decision. A party may request the director to stay the decision. The director shall order a stay for good cause shown.
Subp. 4. Procedure for appeal to commission.
A. A licensee may appeal a license denial, sanction, or decision of the stewards by filing with the director a written request for an appeal within 120 hours after receiving a written order.
B. The appeal request shall contain the following information:
Subp. 5. Deposit shall be required.
The appellant shall deposit with the commission at the time of filing his or her written request for an appeal an amount equal to ten times the appellant's occupational license fee in part 7877.0120, subpart 1, but not to exceed $250. The deposit will be refunded by the commission upon the conclusion of the appeal unless the commission finds that the appeal was frivolous, in which case the deposit will be forfeited. In addition, if the commission determines that the appeal was commenced in bad faith for purposes of delay or was unreasonable and without substance or merit, the commission may impose a fine of not more than $450.
Subp. 6. Commission shall set date for hearing.
Within five days of receipt of a written request for an appeal and the deposit, the commission chair, director, or deputy director shall set a date, time, and place for the hearing. The hearing must be held within 15 days of the receipt of the request for the appeal and the deposit. Notice shall be given to the appellant in writing and shall set out the date, time, and place of the hearing, and shall be served personally or sent by mail to the last known address of the appellant. If the appellant objects to the date of the hearing, the appellant may obtain a continuance, but the continuance shall not automatically stay imposition of the sanction or prolong a stay issued by the director.
Subp. 7. Appeal by commission.
When the commission institutes an appeal on its own motion or at the request of the stewards or director, a notice of appeal shall be served personally or sent by mail to the licensee, addressed to his or her last known place of residence, at least ten days prior to the hearing of the appeal. This notice of appeal shall contain the following:
A. the decision being appealed from;
B. the date on which the decision was made;
C. the grounds of the appeal; and
D. the date, time, and place on which the commission proposes to hear the appeal.
Subp. 8. Designation of panel.
All appeals shall be heard by a panel of three or more commission members. The commission chair shall appoint the panel members and shall also designate one of them as the chair of the panel.
Subp. 9. Hearing panel's decision.
All decisions of the hearing panel must be made by majority vote. In the event the hearing panel is unable to arrive at a decision by a majority vote, the commission shall consider the appeal based on the record before the hearing panel. The hearing panel shall issue its written decision within ten days, excluding Saturdays, Sundays, and holidays, based on the record and must include the hearing panel's findings of fact and conclusions on all material issues. A copy of the panel's decision shall be served upon all parties by first class mail or personal service. The decision of the hearing panel shall be the final agency decision.
History
- Statutory Authority: MS s 240.03; 240.23; 240.24
- History: 42 SR 1258; 46 SR 1210
Minn. R. 7897.0160 [Repealed, 42 SR 1258]
[Repealed, 42 SR 1258]
Minn. R. 7897.0170 Conduct of Appeal Hearing
Subpart 1. Rights of parties.
All parties shall have the right to present evidence, rebuttal testimony, and argument with respect to the issues, and to cross-examine witnesses.
Subp. 2. Witnesses.
Any party may be a witness or may present witnesses on his or her behalf at the hearing. All oral testimony at the hearing shall be under oath or affirmation. At the request of a party or upon the motion of the hearing panel, witnesses may be sequestered from the hearing room during the testimony of other witnesses.
Subp. 3. Admissible evidence.
The hearing panel may admit all evidence which possesses probative value, including hearsay, if it is the type of evidence which reasonable, prudent persons are accustomed to rely upon in the conduct of their serious affairs. The hearing panel shall give effect to the rules of legal privilege recognized by law. Evidence which is incompetent, irrelevant, immaterial, or unduly repetitious may be excluded. All rulings on evidentiary matters shall be made by the chair of the hearing panel.
Subp. 4. Evidence part of record.
All evidence to be considered in the case, including all records and documents in the possession of the stewards or commission, or a true and accurate photocopy thereof, may be offered and made a part of the record in the case. No other factual information or evidence shall be considered in the determination of the case.
Subp. 5. Documents.
Documentary evidence in the form of copies or excerpts may be received or incorporated into the record by reference in the discretion of the hearing panel, or upon agreement of the parties.
Subp. 6. Official notice of facts.
The hearing panel may take notice of judicially cognizable facts but shall do so on the record and with the opportunity for any party to contest the facts so noticed.
Subp. 7. Burden of proof.
The appellant must prove that the stewards' ruling is clearly erroneous or not supported by applicable law.
Subp. 8. Examination of adverse party.
A party may call an adverse party or his or her managing agent or employees, or an officer, director, managing agent, or employee of the state or any political subdivision thereof or of a public or private corporation or of a partnership or association or body politic which is an adverse party, and interrogate him or her by leading questions and contradict and impeach him or her on material matters in all respects as if he or she had been called by the adverse party. The adverse party may be examined by his or her counsel upon the subject matter of his or her examination in chief under the rules applicable to direct examination, and may be cross-examined, contradicted, and impeached by any other party adversely affected by his or her testimony.
Subp. 9. Record of proceedings.
All proceedings before the hearing panel must be recorded. Court reporters may be used upon the request of any party; however, the court reporter's cost shall be borne by the requesting party.
Subp. 10. Summary disposition.
If the hearing panel finds there are no genuine issues of material fact and the matter can be decided as a matter of law, the hearing panel shall, within ten days of receiving the written request for appeal, issue a written decision without holding a hearing. The decision shall be a final agency decision.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.16; 240.19; 240.22; 240.23
- History: 9 SR 2527; 14 SR 2008; 42 SR 1258
Minn. R. 7897.0180 Subpoenas
Subpart 1. Written request.
Requests for subpoenas for the attendance of witnesses or the production of documents shall be made in writing to the hearing panel and shall contain a brief statement demonstrating the potential relevance of the testimony or evidence sought, and shall identify any documents sought with specificity, and shall name all persons to be subpoenaed.
Subp. 2. Service.
A subpoena shall be served in the manner provided by the rules of civil procedure for the district court of Minnesota, unless otherwise provided by law. The cost of service, fees, and expenses of any witnesses subpoenaed shall be paid by the party at whose request the witness appears. When the subpoena is issued on behalf of the commission or employees thereof, fees and expenses need not be paid. The person serving the subpoena shall make proof of service by filing a copy of the subpoena with the hearing panel, together with an affidavit of service.
Subp. 3. Motion to quash.
Upon motion made promptly and, in any event, at or before the time specified in the subpoena for compliance therewith, the hearing panel may quash or modify the subpoena if it finds that it is unreasonable or oppressive.
History
- Statutory Authority: MS s 240.08; 240.10; 240.16; 240.19; 240.22; 240.23
- History: 9 SR 2527
Minn. R. 7897.0190 Contested Case Hearings
Subpart 1. Right to a contested case hearing.
In lieu of an appeal under part 7877.0155, if the commission orders any of the following disciplinary sanctions, the licensee may elect to appeal by requesting a contested case hearing, to be held in accordance with the contested case procedures in Minnesota Statutes, chapter 14 and rules adopted pursuant thereto:
A. revocation of a license;
B. suspension of a Class A, B, or D license;
C. suspension of a Class C license for more than one year; or
D. a fine of more than $10,000.
Subp. 2. Contested case procedure.
The commission shall notify a licensee in writing of the sanction, and of the licensee's right to appeal by requesting a contested case hearing. A request for a contested case hearing must be made in writing and delivered to the commission's director by certified mail or personal service. If delivered by certified mail, the request must be postmarked within ten calendar days after the licensee received the commission's sanction order. If a request is delivered by personal service, it must be received by the commission's director within ten calendar days after the licensee received the commission's sanction order. If a licensee submits a timely request for a contested case hearing under this subpart, the disciplinary sanction shall be stayed until the commission issues a final order following the contested case hearing. However, the imposition of the sanction shall not be stayed if the commission had summarily suspended the license in the 90 days preceding the issuance of the sanction order and the licensee either did not appeal the summary suspension or the commission affirmed the summary suspension after appeal. Any contested case hearing shall be commenced and held in the manner provided for in Minnesota Statutes, chapter 14, and rules adopted pursuant thereto.
Subp. 3. Exceptions.
Parties affected by the report of the administrative law judge shall have 20 days from the date of service of the report to file exceptions with the commission and request an opportunity to present written arguments to the commission.
Subp. 4. Consideration of arguments.
If there has been a request for an opportunity to present written arguments, the commission shall, as soon as practicable, set dates for the filing of such arguments and give reasonable notice thereof to all parties to the contested case.
Subp. 5. Decision or order.
The decision or order shall be in writing or stated in the record and shall be accompanied by a statement of the reasons therefor. The statement of reasons shall consist of a concise statement of the conclusions upon each contested issue of fact necessary to the decision. Parties to the proceeding shall be served personally or by first-class mail with a copy of the decision or order and accompanying statement of reasons.
History
- Statutory Authority: MS s 240.03; 240.08; 240.10; 240.16; 240.19; 240.22; 240.23; 240.24
- History: 9 SR 2527; 11 SR 2201; 42 SR 1258; 44 SR 1031
Minn. R. 7897.0200 Repealed by subpart
Subpart 1.
[Repealed, 42 SR 1258]
Subp. 2.
[Renumbered 7897.0190 subp 4]
Subp. 3.
[Renumbered 7897.0190 subp 5]
Minn. R. 7897.0210 Rehearing
Subpart 1. Limitations.
The commission may, upon request or its own motion and for good cause shown, reopen, rehear, and redetermine a contested case after a final decision has been reached adverse to a party to the contested case other than the commission. This right may be exercised until it is lost by appeal or until a reasonable time has run, but in no event shall the time exceed the time allowed by statute for appeal or six months, whichever is shorter.
Subp. 2. Parties other than commission.
At any time prior to the commission's loss of the right to rehear a contested case, any party to that case may request a rehearing by filing a petition for rehearing. Such petition shall contain the name and address of the petitioner, the commission designation for the case, and the basis for the petition.
Subp. 3. Commission's own motion.
The commission may, on its own motion, for good cause stated in the record, reopen, rehear, and redetermine a contested case if the decision was adverse to a party to that case other than the commission.
Subp. 4. Default judgments.
A party against whom a default has been adjudged pursuant to part 1400.6000 may obtain a rehearing upon a timely showing of good cause for his or her failure to appear or plead.
Subp. 5. Determination.
The commission shall grant or deny a petition for rehearing as a part of the record in the case. Such petition shall be granted if there appears on the face of the petition and the record irregularities in the proceedings, errors of law occurring during the proceedings, newly discovered material evidence, a lack of substantial evidence to support the decision, or good cause for failure to appear or plead. Evidence and argument may be presented at the discretion of the commission in written or oral form, or both, by any party to the contested case with respect to the petition.
Subp. 6. Rehearing procedure.
A rehearing in a contested case shall be conducted in the same manner prescribed by the rules of the Office of Administrative Hearings.
Subp. 7. Decision after rehearing.
The decision after rehearing shall be made in the same manner prescribed for the decision after the hearing.
History
- Statutory Authority: MS s 240.08; 240.10; 240.16; 240.19; 240.22; 240.23
- History: 9 SR 2527
Minn. R. 7897.0220 Appeal by Commission
The commission may appeal pursuant to Minnesota Statutes, sections 14.63 to 14.68 any adverse decision. The commission shall be deemed a "person" for such purposes.
History
- Statutory Authority: MS s 240.08; 240.10; 240.16; 240.19; 240.22; 240.23
- History: 9 SR 2527
Chapter 7899 HORSE RACING; RULE VARIANCES
Minn. R. 7899.0100 [Repealed, 41 SR 1322]
[Repealed, 41 SR 1322]
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