Title 178 W. Va. C.S.R.

Racing Commission Racing Commission

Series 01 Thoroughbred Racing

W. Va. Code R. § 178-1-1 General

1.1. Scope. -- This rule regulates the conduct of thoroughbred racing in this state and the administration of the West Virginia Thoroughbred Development Fund.

1.2. Authority. -- W. Va. Code §§19-23-2(a), 19-23-3(17), 19-23-6, 19-23-8, 19-23-9, 19-23-13, 19-23-13b and 19-23-15.

1.3. Filing Date. – June 9, 2026.

1.4. Effective Date. – September 7, 2026.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2031.

PART 1. DEFINITIONS.

W. Va. Code R. § 178-1-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed in this section.

2.1. “Accredited thoroughbred horse” means a horse that is registered with the West Virginia Thoroughbred Breeders Association and that is foaled in West Virginia or sired by an accredited West Virginia sire or, prior to the expiration of the raiser program set forth in West Virginia Code §19-23-3(27), finished 12 consecutive months of verifiable residence in West Virginia as a yearling, except for the 30 days' grace period.

2.2. “Accredited West Virginia sire” means a sire that is permanently domiciled in West Virginia, stands a full season in West Virginia, and is registered with the West Virginia Thoroughbred Breeders Association.

2.3. “Age” means the age of a thoroughbred, which is reckoned as beginning on the first day of January in the year in which it is foaled.

2.4. “Allowance race” means an overnight race for which eligibility and weight to be carried is determined according to specified conditions, which include age, sex, earnings, and number of wins.

2.5. “Also-Eligible” pertains to:

2.5.a. a number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline; or

2.5.b. in a trial race, the next preferred contestant that is eligible to participate when an entry is scratched, pursuant to the written conditions of the race.

2.6. “Appeal” means a request for the Racing Commission or its designee to hold a hearing and review any decisions or rulings of the stewards or to consider and review the ejection of an occupational permit holder by an association as authorized by West Virginia Code §19-23-6 and subsection 6.1. of this rule.

2.7. “Applicant” means any racing association making application for a license or any person making application for a permit.

2.8. “Arrears” means all moneys due for entrance fees (including jockeys’ fees), fines, subscriptions for stakes, purchase money in claiming or selling races and also any default in money incident to the rules.

2.9. “Association” or “racing association” means any individual, partnership, firm, association, corporation, or other entity or organization of whatever character or description licensed by the Racing Commission to conduct horse racing and pari-mutuel wagering.

2.10. “Association grounds” means all real property utilized by the association in the conduct of its race meeting, including the racetrack, grandstand, concession stands, offices, barns, stable area, employee housing facilities and parking lots, and any other areas under the jurisdiction of the Racing Commission.

2.11. “Authorized agent” means a person appointed by an owner or a partnership to act as his or her representative by the execution of a notarized document signed by the owner and filed with the Racing Commission.

2.12. “Beneficial interest” means all direct or indirect forms of ownership or control, voting power, or investment power, held through any contract, lien, lease, partnership, stockholding syndication, joint venture, understanding, relationship (including family relationship), present or reversionary right, title or interest, or otherwise.

2.13. “Betting interest” means one or more horses in a pari-mutuel wagering contest which is identified by a single program number for wagering purposes.

2.14. “Bleeder” means a horse, which has demonstrated external evidence of exercise induced pulmonary hemorrhage (epistaxis, or bleeding from one or both nostrils) and/or the existence of hemorrhage into the trachea post-exercise as observed upon endoscopic examination or determined by laboratory methods.

2.15. “Bleeder list” means a tabulation of all horses designated as bleeders to be maintained by the Racing Commission veterinarian(s).

2.16. “Bookmaking” means a form of gambling that is not authorized by law in which chances are sold to individuals who may win a part or all of the pool depending on the outcome of the event for which the pool is made.

2.17. “Breakage” means the net pool minus payout.

2.18. “Bred” means the place of a horse's birth.

2.19. “Breeder” means the owner of the horse's dam at the time of foaling.

2.20. "Breeder of an accredited West Virginia horse" means the owner of the foal at the time it was born in West Virginia.

2.21. “Chairman” means the chairman of the Racing Commission.

2.22. “Claiming race” means a race in which any horse starting may be claimed (purchased for a designated amount) in conformance with this rule.

2.23. “Commission” means the West Virginia Racing Commission.

2.24. “Commissioner” means a member of the West Virginia Racing Commission.

2.25. “Complaint” means all signed, written complaints made to the Racing Commission or any of its representatives.

2.26. “Conditions” means qualifications that determine a horse's eligibility to be entered in a race.

2.27. “Course” means the track over which horses race.

2.28. “Day” means a twenty-four (24) hour period ending at midnight.

2.29. “Dead heat” means the finish of a race in which the noses of two or more horses reach the finish line at the same time.

2.30. “Declaration” means the act of withdrawing an entered horse from a race prior to the closing of entries.

2.31. “Draw” means the process of selecting thoroughbreds and determining by lot their post or starting gate positions for a race in a manner to ensure compliance with the conditions of the rules of racing.

2.32. “Entry” means:

2.32.a. a horse eligible for and entered in a race; or

2.32.b. two (2) or more horses entered in the same race, which have common ties of ownership, lease, or training.

2.33. “False Start” is when a horse(s) exits prematurely through the front of the gates prior to the starter officially dispatching the field regardless of cause. This does not include a horse which exits through the front of the gates and is subsequently reloaded.

2.34. “Flat Race” means races in which horses mounted by jockeys run over a course on which no jumps or other obstacles are placed.

2.35. “Fund” means the West Virginia Thoroughbred Development Fund established under the provisions of W. Va. Code §19-23-13b.

2.36. A “Handicap” means a race in which the weights to be carried by the horses are assigned by the racing secretary for the purpose of equalizing their chances of winning for all horses entered.

2.37. “Handle” means the total amount of all pari-mutuel wagering sales less refunds and cancellations.

2.38. “Horse” means an equine registered to race including and designated as a mare, filly, stallion, colt, ridgeling, or gelding.

2.39. “Horse racing” means any type of equine racing, including, but not limited to thoroughbred racing and harness racing, involving pari-mutuel wagering.

2.40. “Horse race meeting” means the whole period of time ending on December 31st for which the Racing Commission requires a license.

2.41. “Inquiry” means an investigation by the stewards of potential interference in a contest prior to declaring the result of that contest official.

2.42. “Jockey” means a professional rider issued an occupational permit to ride in races.

2.43. “Legitimate breakage” means the percentage left over in the division of a pool.

2.44. "License" means an authorization by the Racing Commission to an association to conduct horse racing with pari-mutuel wagering at a specified location.

2.45. “Licensee” means any racing association holding a license required by the provisions of W. Va. Code §19-23-1 et seq., and this rule.

2.46. “Maiden” means a horse, which has never, in any country, won an official flat race published in the reports, records and/or statistics of the Daily Racing Form, Equibase, or other recognized publications, other than in a match or private sweepstakes. A maiden which has been disqualified after having finished first is still to be considered a maiden.

2.47. “Maiden race” means a contest restricted to nonwinners.

2.48. “Match” means a race between two or more horses under conditions agreed to by their owners.

2.49. “Meet” means the specified periods and dates within a race meeting, during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.50. “Meeting” means the specified periods and dates each year during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.51. “Milkshaking” or “biocarbonate loading” means a bicarbonate or other alkalinizing substance administered to a horse that elevates the horse’s bicarbonate level or pH level above those existing naturally in the untreated horse at normal physiological concentrations as determined by the Commission, regardless of the means of administration.

2.52. “Month” means a calendar month.

2.53. “Mutuel Field” means a single betting interest involving more than one (1) horse which is formed when the number of horses starting a race exceeds the numbering capacity of the totalisator and where all horses of a higher number are grouped in the mutuel field.

2.54. “Nerved” means any horse on which a neurectomy has been performed.

2.55. “No contest” means a race canceled for any reason by the stewards.

2.56. “Nominator” means the person in whose name the horse is entered for a race.

2.57. “Objection” means a verbal claim of foul in a race lodged with the stewards or their designee by the horse's jockey, trainer, owner, or the owner's authorized agent before the stewards declare the race official.

2.58. “Official order of finish” means the order of finish of the horses in a contest as declared official by the stewards.

2.59. “Official starter” means the official responsible for dispatching the horses for a race.

2.60. “Official running time” means the elapsed time from the moment the first horse crosses the starting point until the first horse crosses the finish line.

2.61. “Off time” means the moment at which, on the signal of the official starter, the doors of the starting gate are opened, officially dispatching the horses in each race.

2.62. “Outstanding ticket” means a winning or a refundable pari-mutuel ticket, which was not cashed during the performance for which it was issued; also known as “outs”.

2.63. “Overnight” means a contest for which the entries are closed at a time set by the association’s racing secretary.

2.64. “Owner” means a person who holds any title, right, or interest, whole or partial in a horse, including the lessee and lessor of a horse. An interest in the winnings only of a horse shall not constitute ownership.

2.65. “Owner of an accredited West Virginia horse” means the owner at the time the horse earned designated purses to qualify for a restricted purse supplement.

2.66. “Owner of an accredited West Virginia sire” means the owner of record at the time the offspring is conceived.

2.67. “Paddock” means an enclosure in which horses scheduled to compete in a contest are saddled prior to racing.

2.68. “Pari-mutuel” means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central pool. The odds of these wagers are to be reckoned in accordance with the collective amounts wagered upon each horse running in a horse race relative to the amount wagered on each horse in each pool with the total to be divided among the first three (3) contestants on the basis of the number of wagers.

2.69. “Pari-mutuel clerk” means any employee of a licensed racing association, who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel tickets, and accounting for pari-mutuel funds.

2.70. “Patron” means a member of the public present on the grounds of an association during a meeting for the purpose of wagering or to observe racing.

2.71. “Performance” means a schedule of races run consecutively as one program.

2.72. “Permit” or “occupational permit” means a permit required by W. Va. Code §19-23-2(a) and this rule for those who are involved in or employed by those involved in racing or operating a licensed racetrack or those operating concessions for or under authority from any association.

2.73. “Permit holder” or “occupational permit holder” means any individual holding a permit or occupational permit required by W. Va. Code §19-23-2(a) and this rule.

2.74. “Person” means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description.

2.75. “Pool” means a combination of interests in a joint wagering enterprise or a stake in the enterprise.

2.76. “Post position” means the pre-assigned position from which a horse will leave the starting gate.

2.77. “Post time” means the time set for the arrival at the starting point of the horses in a contest. Post time shall be shown at a reasonable time before the race on a clock device provided specifically for this purpose, and shall be prominently displayed and clearly readable from the grandstand.

2.78. “Preponderance of evidence” means evidence which is of a greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

2.79. “Primary Testing Laboratory” means a laboratory selected by the Racing Commission that is accredited by the Racing Medication Testing Consortium (RMTC).

2.80. “Private sweepstake” means a contest to which no money or other prize is added and which has not at any time been advertised either by publication, or by circular, or entry blank, or in any other way.

2.81. “Program” means the published listing of all contests and contestants for a specific performance.

2.82. “Prospective licensee” means any association which has applied or intends to apply to become a "licensee" as defined under the provisions of W. Va. Code §§19-23-1 et seq.

2.83. “Protest” means a written complaint made to the stewards concerning a horse entered in a race in which the questioned horse is entered.

2.84. “Purse” means the total cash amount for which a race is contested.

2.85. “Purse race” means a race for money or other prize to which the owners of the horses engaged do not contribute.

2.86. "Race" means a stake, a purse, a sweepstake, a private sweepstakes, a match or overnight event, but does not include a steeplechase or hurdle race.

2.87. “Race day” means a calendar day during a race meeting in which pari-mutuel wagering is conducted on live racing.

2.88. “Racing official” means the officials of a race meeting set forth in section 7 of this rule and any other person and/or position designated by the Racing Commission.

2.89. “Raiser of an accredited West Virginia horse” means the owner of the yearling at the time it finished twelve (12) consecutive months of verifiable residence in the state. During the period, the raiser shall be granted one (1) month of grace for his or her horse to be shipped to and from thoroughbred sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company. Prior to the horse being shipped out of the state for sales, the raiser shall notify the Racing Commission of his or her intentions.

2.90. “Random testing” means testing permit holders for alcohol or controlled substances, or collecting specimens or samples from thoroughbreds, in a manner that assures that all affected individuals or horses have an equal probability of being selected for testing.

2.91. “Reasonable cause/reasonable suspicion testing” means testing permit holders for alcohol or controlled substances, or collecting specimens or samples from thoroughbreds, based on the reasonable belief of the stewards that a permit holder has alcohol or a controlled substance in his or her system, or that a thoroughbred has a drug, medication or other prohibited substance in its system that may constitute a violation of this rule.

2.92. “Recognized meeting” means:

2.92.a. a meeting held under license of the Racing Commission; or

2.92.b. a meeting held in this or any other country under the sanction of a Commission or turf authority whose jurisdiction over the Racing Commission recognizes racing of any nature, and which gives effect to sentences imposed by the Racing Commission upon those guilty of racing rule violations.

2.93. “Restricted area” means an enclosed portion of the association’s ground where access is limited to an occupational permit holder.

2.94. “Result” means that part of the official order of finish used to determine the pari-mutuel payout of pools for each individual contest.

2.95. “Ruled-off” means the act of the stewards disallowing a person to enter or remain upon the premises of any or all licensed racetracks and/or simulcast facilities.

2.96. “Scratch” means the act of withdrawing an entered horse from a contest after the closing of entries.

2.97. “Scratch time” means the deadline for withdrawal of entries from a scheduled performance.

2.98. “Simulcast” means the transmission and/or reception for pari-mutuel wagering purposes of a live horse racing contest conducted at a licensed racetrack other than where the pari-mutuel wager is placed.

2.99. “Simulcast race day” means a day during a race meeting in which pari-mutuel wagering is conducted on races being conducted at a location other than the racetrack where the wager is placed.

2.100. “Sponging” means the use of a sponge or other objects that are used to interfere with the respiratory system of a horse.

2.101. “Stable Name” means a name used other than the actual legal name of an owner or lessee and registered with the Racing Commission.

2.102. “Stakes race” means a contest in which nomination, entry and/or starting fees are assessed and contribute to the purse, unless it is a guaranteed purse or an invitational. No overnight race shall be considered a stakes race.

2.103. “Starter” means a horse which becomes an actual contestant in a race by virtue of the starting gate opening in front of it upon dispatch by the official starter.

2.104. “Steward” means a duly appointed racing official with powers and duties specified by W. Va. Code §19-23-1 et seq. and/or this rule.

2.105. “Sweepstake” means a race in which the entrance fee, subscription and/or other contribution of three (3) or more owners are distributed according to the conditions of the race. The race is still a sweepstake when money or any other prize is added, but no overnight race, whatever its conditions, shall be considered to be a sweepstake.

2.016. “Tailed” means the restraining of an unruly horse in the starting gate by manually raising his tail.

2.017. “Tonged” means the restraining of an unruly horse in the starting gate by clamping his ear with a set of tongs.

2.108. “Thoroughbred race or thoroughbred racing” means that form of horse racing in which each horse participating in that race is a thoroughbred (i.e., meeting the requirements of and registered with “The Jockey Club”) and is mounted by a jockey.

2.109. “To the dime” means that wagers will be figured and paid to the dime.

2.110. “Touting” means soliciting or providing unauthorized wagering tips on horses for a profit in races under the jurisdiction of the Racing Commission. Touting is not authorized or permitted with the exception that this will not apply to authorized tip sheets specified in the rule.

2.111. “Walkover” means a race in which only one (1) horse starts or in which all the starters are owned by the same interest.

2.112. “Week” means a calendar week.

2.113. “Weigh in” means the act of a jockey weighing himself or herself in the presence of the clerk of scales after a race.

2.114. “Weigh out” means the act of a jockey weighing himself or herself in the presence of the clerk of scales prior to a race.

2.115. “Weight for Age” means a race in which a fixed scale is used to assign the weight to be carried by individual horses according to age, sex, distance of the race, and season of the year without penalties or allowances.

2.116. “Winner” means the horse whose nose reaches the finish line first or is placed first through disqualification by the stewards.

2.117. “Year” means a calendar year.

PART 2. GENERAL AUTHORITY.

W. Va. Code R. § 178-1-3 General Authority of the Racing Commission

3.1. This rule and any amendments or additions to this rule apply to all persons, firms, associations, partnerships, or corporations holding, conducting, participating in, or observing a meeting.

3.2. The laws of the state of West Virginia and this rule promulgated by the Racing Commission supersede the conditions of a race or the regulations of a racing association.

3.3. The jurisdiction of the Racing Commission over matters related to subjects covered by the laws of this state governing racing or the rules of the Racing Commission is continuous throughout the year.

3.4. Members of the Racing Commission and Racing Commission employees shall not directly or indirectly wager on the outcome of any race under the jurisdiction of the Racing Commission.

W. Va. Code R. § 178-1-4 Power Of Entry

4.1. Members of the Racing Commission, the stewards, and the Racing Commission’s designated employees and representatives have the right of full and complete entry to any and all parts of the grounds of a racing association licensed to conduct thoroughbred racing.

4.2. Members of the Racing Commission, the stewards, and the Racing Commission’s designated employees and representatives may permit and direct any individual to enter in or upon the stables, rooms, trailers, vehicles or any other place within the grounds of a racing association licensed to conduct thoroughbred racing.

W. Va. Code R. § 178-1-5 Racing Commission personnel

The following provisions apply to the employment of certain personnel by the Racing Commission to assist it, the stewards, the Racing Commission veterinarians and other Racing Commission employees and representatives in fulfilling their regulatory duties and obligations:

5.1. Security Officer. The Racing Commission shall employ a security officer at each licensed racetrack. The security officer’s duties shall include:

5.1.a. working with and/or at the direction of the stewards and/or the Racing Commission veterinarian(s) and/or the Racing Commission to investigate and inquire into any alleged violations of this rule or the laws of this state governing racing;

5.1.b. working with and/or at the direction of the stewards and/or the Racing Commission to review and evaluate applications for occupational permits or licenses, and any information submitted or gathered in connection with such applications;

5.1.c. determining, or assisting the Racing Commission and/or the stewards in determining, that all persons participating in racing that are required to hold an occupational permit have such a permit;

5.1.d. inspecting the association’s restricted areas, including, but not limited to, the test barn, the barn/stable area, the wagering area, the paddock, and the jockeys’ room, to determine if proper security measures are in effect, to ensure that the integrity of these areas are preserved and protected, and to ensure that all personnel having access to the restricted areas hold occupational permits or other proper credentials;

5.1.e. working with and assisting all Racing Commission employees and representatives in the performance of their duties to ensure the enforcement of this rule and the laws of this state governing racing, and to ensure that the integrity of racing is preserved and protected; and

5.1.f. any other duties that may be assigned by the Racing Commission.

5.2. Investigator(s). The Racing Commission may employ one (1) or more persons as investigators at each licensed racetrack. The duties and responsibilities of the investigator(s) shall be fixed by the Racing Commission, but may include working in connection with the Racing Commission security officer in the performance of his or her duties.

5.3. License Clerks. The Racing Commission shall employ license clerks as needed at each licensed racetrack. The license clerks’ duties shall include:

5.3.a. distributing applications for occupational permits;

5.3.b. assisting in the review of applications for occupational permits;

5.3.c. maintaining records and data on each individual who applies for and/or is issued an occupational permit;

5.3.d. collecting fees and fines imposed by the stewards and/or the Racing Commission and reporting to the Racing Commission the amount of such fines and fees collected;

5.3.e. depositing fines and fees collected in accordance with Racing Commission policy and procedure;

5.3.f. assisting the stewards in the performance of their duties and responsibilities; and

5.3.g. any other duties that may be assigned by the Racing Commission.

5.4. Director of Audit and Auditors of Pari-Mutuel Wagering. The Racing Commission shall employ a director of audit in accordance with W. Va. Code §19-23-5(b) and a minimum of one (1) auditor of pari-mutuel wagering to be stationed at each licensed racetrack. The director of audit and the auditors of pari-mutuel wagering shall be certified public accountants or experienced accountants. The duties and responsibilities of the director of audit and the auditors of pari-mutuel wagering shall be fixed by the Racing Commission. The following provisions apply to the director of audit and the auditors of pari-mutuel wagering:

5.4.a. The director of audit and the auditors of pari-mutuel wagering shall have free access to the space or enclosure where the pari-mutuel system of wagering is conducted or calculated at any horse race meeting for the purpose of ascertaining whether or not the licensee is deducting and retaining only a pari-mutuel commission as provided in the West Virginia Code, and is otherwise complying with the other provisions of the West Virginia Code relating to the pari-mutuel system.

5.4.b. The director of audit and the auditors of pari-mutuel wagering shall have full and free access to all records and papers maintained or generated pertaining to the pari-mutuel system of wagering at licensed racetracks and shall make a written report to the Racing Commission as to whether or not the licensee has deducted and retained any pari-mutuel commission in excess of that permitted under the West Virginia Code or has otherwise failed to comply with the provisions of those sections of the Code pertaining to the pari-mutuel system.

5.4.c. Copies of all pari-mutuel work sheets are to be turned over by the association to the auditor of pari-mutuel wagering immediately after each race.

5.4.d. At the end of each race day, the association shall produce a consolidated report showing detailed figures of the pari-mutuel handle, pari-mutuel commission and breakage to the auditor of pari-mutuel wagering. The association shall also provide the auditor of pari-mutuel wagering a report of pari-mutuel tickets paid at the end of each race day.

5.4.e. At the end of each race day, every signed complaint made by any patron, with reference to transactions with the association’s pari-mutuel clerks, shall be reported by the association on printed complaint forms and furnished to the auditor of pari-mutuel wagering.

5.4.f. A totalisator report shall be maintained by the association that reflects all errors, commonly called shorts or overs, made by the association’s pari-mutuel clerks. The report shall detail the name of the clerk, his or her working place, and the amount involved. At the end of each meet, this report shall be provided to the auditor of pari-mutuel wagering.

5.4.g. In accordance with W. Va. Code §19-23-13, all moneys held by any licensee for the payment of outstanding and unredeemed pari-mutuel tickets, if not claimed within 90 days after the close of the horse race meeting in connection with which the tickets were issued, shall be turned over by the licensee to the director of audit within 15 days after the expiration of the 90 day period. The licensee shall give any information requested by the Racing Commission and/or the director of audit concerning outstanding and unredeemed tickets including, but not limited to:

5.4.g.1. the “outs” ledger enumerating all outstanding pari-mutuel tickets at the end of the 90 day period;

5.4.g.2. a statement accompanying the “outs” ledger setting forth the dollar amount of the redeemed tickets in the 90 day period;

5.4.g.3. a statement accompanying the “outs” ledger setting forth the quantity and amount of each denomination redeemed during the 90 day period; and

5.4.g.4. a statement verifying that the redeemed amount was subtracted from the “outs” balance which existed at the close of the meeting with the remaining balance to be included in the remittance of the association in settlement of the "outs" account for the meeting.

5.4.h. The association shall provide a work area for the exclusive use of the auditor of pari-mutuel wagering that is subject to the approval of the Racing Commission. This work area shall:

5.4.h.1. be located within or adjacent to the totalisator room with desk and chair facilities;

5.4.h.2. permit direct view or view by closed circuit television of the totalisator facilities within the totalisator room, such as control desk consoles, inside totalisator board, or closed circuit television monitors of the outside totalisator board whichever is used, and printers;

5.4.h.3. include space for locking file cabinets within the work area or other proper storage facilities to be supplied by the association;

5.4.h.4. include an audio listening device for the public address system being used by the association so that announcements made on the address system can be heard intelligibly in the work area; and

5.4.h.5. include power outlets to operate electronic equipment.

5.4.i. Purging of pari-mutuel tickets shall be done in the presence of the auditor of pari-mutuel wagering, a totalisator representative, and an association representative and may only be done after the association provides two (2) weeks’ prior notice to the director of audit.

W. Va. Code R. § 178-1-6 Ejection/Exclusion

6.1. Any person ejected by the stewards or the association from the grounds of an association shall be denied admission to the grounds until permission for his or her reentry has been obtained from the association and the Racing Commission. However, all occupational permit holders who are ejected have the right of appeal to the Racing Commission.

6.2. The stewards or the association have the power to suspend or exclude from the stands and grounds persons acting improperly or whose behavior is otherwise objectionable. The stewards shall enforce the suspension or exclusion.

6.3. When a person is excluded from a racetrack or is suspended, he or she is not qualified, whether acting as agent or otherwise, to subscribe for, to enter, or run any horse in any race either in his or her own name or in that of any other person until the stewards rescind their penalty.

PART 3. RACING OFFICIALS.

W. Va. Code R. § 178-1-7 General Provisions

7.1. Racing Officials. Officials of a race meeting, unless otherwise approved by the Racing Commission, are as follows: Three (3) stewards, three (3) placing judges, clerk of scales, starter, timer, paddock judge, Racing Commission veterinarian(s), association’s racing secretary and assistants, horse identifier, clocker, and jockey room custodian.

7.2. Eligibility. To qualify as a racing official, the appointee shall be:

7.2.a. of good character and reputation;

7.2.b. experienced in thoroughbred racing;

7.2.c. familiar with the duties of the position and with the Commission's rules of thoroughbred racing;

7.2.d. mentally and physically able to perform the duties of the job; and

7.2.e. in good standing and not under suspension or ineligible in any racing jurisdiction.

7.3. Approval and Issuance of Permits. The following provisions apply to the approval and issuance of permits to racing officials:

7.3.a. The Racing Commission, in its sole discretion, may determine the eligibility of a racing official and, in its discretion, may approve or disapprove any racing official for an occupational permit.

7.3.b. The association may designate persons to fill the positions of racing officials and request that they be approved for the positions by the Racing Commission. No person shall be approved by the Racing Commission as a steward, placing judge, or other racing official unless he or she has taken and satisfactorily passed a yearly optical examination.

7.3.c. Unless prior written approval is obtained from the Racing Commission, no person shall be approved as a racing official of any racetrack who is an officer of that racetrack or who has any financial interest in that track, or who has any financial interest in any jockey or horses running on the track except that a racing official may have an interest in one or more horses as a breeder.

7.4. Prohibited Practices. While serving in an official capacity, racing officials and their assistants shall not:

7.4.a. participate in the sale or purchase, or ownership of any thoroughbred racing at the meeting;

7.4.b. sell or solicit horse insurance on any thoroughbred racing at the meeting;

7.4.c. be the holder of an occupational permit in any other capacity without permission of the Racing Commission, or in case of an emergency, the permission of the stewards;

7.4.d. directly or indirectly wager on the outcome of any race under the jurisdiction of the Racing Commission; or

7.4.e. consume or be under the influence of alcohol or any prohibited substances while performing official duties.

7.5. Report of Violations. Racing officials and their assistants shall report immediately to the stewards every violation of these rules and of the laws of this state governing racing.

7.6. Observations and Notifications. Any racing official shall report to the stewards as soon as possible any perceived issues with a horse based on its condition prior to the race which may significantly affect the running of the race. Upon notification to the stewards, they shall conduct an immediate investigation.

7.7. Complaints Against Racing Officials. The following provisions apply to the filing and disposition of complaints against racing officials:

7.7.a. Complaints against any steward shall be made in writing to the Racing Commission and shall be signed by the complainant.

7.7.b. Any complaint against a racing official other than a steward shall be made to the stewards in writing and shall be signed by the complainant. All such complaints shall be reported to the Racing Commission by the stewards, together with a report of the action taken or the recommendation of the stewards.

7.7.c. A racing official may be held responsible by the stewards or the Racing Commission for the actions of their assistants.

7.8. Appointment of Racing Officials. All racing officials shall be appointed by the association holding the meeting, with the exception of the Racing Commission veterinarian(s) and the stewards, who shall be appointed by the Racing Commission. All association appointments, however, are subject to the approval of the Racing Commission, which reserves the right to demand a change of personnel for what the Racing Commission, in its sole discretion, considers sufficient reason. The successor to the replaced official is also subject to the approval of the Racing Commission.

7.9. Appointment of Substitute Racing Officials. When a vacancy occurs among the racing officials other than the stewards and the Racing Commission veterinarian(s), and when the association has not or is unable to fill a vacancy before the post time of the first race of the day, or when a vacancy occurs during the running of the races, the stewards shall fill the vacancy immediately.

W. Va. Code R. § 178-1-8 Stewards

8.1. Appointment. There shall be three (3) stewards appointed by the Racing Commission for each race meeting. One (1) of the three (3) stewards shall be appointed by the Racing Commission to the position of chief steward. In the event that a steward is temporarily incapacitated or for some reason cannot serve, the Racing Commission or chief steward shall deputize someone experienced in thoroughbred racing to serve for him or her in his or her absence.

8.2. Accreditation and Continuing Education. The following provisions apply to the accreditation and continuing education requirements of the stewards:

8.2.a. To qualify for appointment as a steward, the appointee shall meet the experience, education and examination requirements necessary to be accredited by the Racing Officials Accreditation Program (ROAP) in association with, but not limited to, the University of Arizona and the University of Louisville, and shall be in good standing with all racing jurisdictions.

8.2.b. The stewards shall attend and participate in any continuing education courses and training related to thoroughbred racing directed by the Racing Commission.

8.3. General Authority. The following provisions pertain to the general authority of the stewards:

8.3.a. The stewards are strictly responsible to the Racing Commission for the conduct of all meetings in every detail, directly or indirectly, pertaining to the racing law and rules of the Racing Commission.

8.3.b. The stewards have general supervision and authority over all occupational permit holders or licensees and other persons attendant to horses and/or on the association grounds.

8.3.c. In their discretion and where fraud is suspected, the stewards shall have the authority to mandate the selection of another jockey to ride a thoroughbred.

8.3.d. A majority vote of the stewards shall decide any question to which the authority of the stewards extends.

8.3.e. When the stewards determine, after conferring with the association’s management, representatives of the horsemen, jockeys, and the track superintendent, that races cannot be run, then the stewards shall cancel such races.

8.3.f. The stewards may demand for inspection any permit holder’s papers, and documents with respect to a contract between a jockey and his or her employer or employers, and all documents of an agreement, or the credentials of an authorized agent.

8.3.g. The stewards may call on any person in whose name a horse is entered to produce proof that the horse entered is not the property, either wholly or in part, of any person who is disqualified, and to produce proof of the extent of his or her interest or property in the horse. If proof is not given to their satisfaction, the stewards may declare or eliminate the horse from the race.

8.3.h. The stewards may interpret this rule and decide all questions of racing not specifically covered by this rule.

8.4. Period of Authority. The stewards’ jurisdiction to act in any matter occurring during the race meeting extends after the conclusion of the meeting.

8.5. Disciplinary action. The following provisions pertain to disciplinary action by the stewards:

8.5.a. The stewards shall take notice of alleged misconduct or rule violations and initiate investigations into the matters.

8.5.b. The stewards shall have authority to issue a ruling citing any permit holder for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with this rule.

8.5.c. The stewards may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of documents or other evidence related to any investigation or hearing.

8.5.d. The stewards may at any time inspect permit documents, license documents, registration papers, and any other documents related to racing.

8.5.e. The stewards have the power to administer oaths and examine witnesses.

8.5.f. The stewards shall consult with the Racing Commission veterinarian(s) to determine the nature and seriousness of a laboratory finding or an alleged medication violation.

8.5.g. The stewards may impose one of the following penalties or any combination of two or more of the following penalties on a permit holder for a violation of these rules:

8.5.g.1. issue a reprimand;

8.5.g.2. assess a fine not to exceed $100,000.00 or an amount equal to 100% of the purse per violation;

8.5.g.3. require forfeiture or redistribution of a purse or award;

8.5.g.4. place a permit holder on probation;

8.5.g.5. suspend a permit or racing privileges for an indefinite or fixed period;

8.5.g.6. revoke a permit; or

8.5.g.7. exclude from grounds under the jurisdiction of the Racing Commission.

8.5.h. No racing official other than the stewards may impose disciplinary action against a permit holder. The starter may recommend disciplinary action to the stewards.

8.5.i. The stewards shall submit a copy of every ruling to the Racing Commission.

8.5.j. If the stewards determine that a ruling was issued in error, any disciplinary action imposed in connection with such ruling may be rescinded by the stewards.

8.5.k. A stewards' ruling shall not prevent the Racing Commission from modifying the penalty or penalties imposed.

8.5.l. The stewards may refer any matter to the Racing Commission and may include recommendations for disposition. The absence of a stewards' referral shall not preclude Racing Commission action in any matter.

8.5.m. Purses, prizes, awards, and trophies shall be redistributed if the stewards or Racing Commission order a change in the official order of finish.

8.5.n. All fines imposed by the stewards shall be paid to the Racing Commission within seven (7) calendar days after the ruling is issued, unless otherwise ordered by the stewards.

8.5.o. No person shall assume or pay, directly or indirectly, a fine imposed by the stewards or the Racing Commission upon another person.

8.5.p. The stewards have the authority to fine or suspend persons guilty of violating the written policies, rules or regulations of the association. Such written policies must be filed with the stewards and displayed in the association’s racing secretary’s office. Any written policies, rules or regulations of the association that conflict with this rule or the laws of this state governing racing are null and void.

8.6. Stewards’ Presence. The following provisions apply to the presence of the stewards:

8.6.a. On each racing day, and those days when there is no racing but where entries are being taken for the next succeeding day of racing, one (1) or more stewards shall be on duty from the time the association’s racing secretary's office opens until the entries are closed. Provided that, if the stewards depart from association grounds prior to the time that entries are closed, then at least one (1) steward shall be available by phone until close of entries.

8.6.b. Three (3) stewards shall be present in the stewards' stand during the running of each race.

8.7. Order of Finish for Pari-Mutuel Wagering. The decision of the stewards as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the running of the race, shall be final for purposes of distribution of the pari-mutuel wagering pool.

8.8. Cancel Wagering. The stewards have the authority to cancel wagering on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.

8.9. Records and Reports. The stewards shall maintain a log of the stewards' official activities. The log shall describe all questions, disputes, protests, complaints, or objections brought to the attention of the stewards on all interviews, investigations, and rulings made by the stewards. The log shall be available at all times for inspection by the Racing Commission or its designees and by anyone appealing a stewards’ ruling to the Racing Commission.

8.10. Stewards' List. The following provisions apply to the stewards’ list:

8.10.a. The stewards shall maintain a stewards' list which shall be posted in the office of the association’s racing secretary. The stewards’ list shall contain a list of the thoroughbreds which are ineligible to be entered in a race because of poor or inconsistent performance or behavior on the racetrack that endangers the health or safety of other participants in racing.

8.10.b. The stewards may place a thoroughbred on the stewards' list when there exists a question as to the exact identification or ownership or identity of the actual trainer of the thoroughbred.

8.10.c. A thoroughbred which has been placed on the stewards' list because of inconsistent performance or behavior, may be removed from the stewards' list when, in the opinion of the stewards, the thoroughbred can satisfactorily perform competitively in a race without endangering the health or safety of other participants in racing.

8.10.d. A thoroughbred which has been placed on the stewards' list because of questions as to the exact identification or ownership, or identity of the actual trainer of the thoroughbred, may be removed from the stewards’ list when, in the opinion of the stewards, proof of exact identification, ownership, or identity of the actual trainer has been established.

W. Va. Code R. § 178-1-9 Racing Secretary

9.1. General Authority. The following provisions apply to the general authority of the association’s racing secretary:

9.1.a. The association’s racing secretary or his or her assistants, shall discharge all the duties of his or her office, expressed or implied that are required by this rule, and he or she shall report to the stewards in writing all violations of this rule.

9.1.b. The association’s racing secretary shall maintain a complete record of all races.

9.1.c. The association’s racing secretary shall receive all entries and declarations, and he or she, or any other person designated by the association, shall receive all stakes, entrance moneys and fees incident to the meeting within 14 days after the conclusion of the meeting, and shall disburse all receipts of money to any person that is to receive any money.

9.2. Certificates. The racing secretary or his or her designees shall be responsible for receiving, inspecting and safeguarding the foal and health certificates, current negative Coggins test for equine infectious anemia (EIA), and other documents of eligibility, for all horses competing at the track or stabled on the grounds.

9.2.a. All Horses, including stable ponies, entering the Racetrack grounds must have proof of health certificate and required vaccinations, which shall include: Verification of EEE/WEE/WNV (encephalitides), rabies, and tetanus vaccinations within the prior 12 months; Verification of Influenza and Rhinopneumonitis vaccinations within the prior 12 months or fewer days if high risk situations dictate; and Verification of Negative Equine Infectious Anemia (Coggins) Test within the calendar year or in a shorter period of time if high risk situations dictate.

9.2.b. Horses moving interstate must meet the entry requirements of the destination state, the Racing Commission in the destination state, and the individual Racetracks or Training Facilities to which the horse is being shipped in the destination state.

9.2.c. All Horses, including stable ponies, entering the Racetrack grounds must have a certificate of veterinary inspection within the prior five (5) days or fewer days if the horse has been exposed to a high-risk situation as dictated and determined by the commission. High-risk exposure includes, but is not limited to, direct or indirect exposure to respiratory diseases Streptcoccus Equi (Strangles), Equine Herpes Virus, and Equine Influenza at the determination of the State Veterinarian. For purposes of this Rule, without any other specific occurrence which the commission deems to be high risk, a horse that moves intrastate to and from the Racetrack grounds is not required to present a certificate of veterinary inspection within the prior five (5) days.

9.3. Allocation of Stalls. The racing secretary or his or her designee shall assign stall applicants such stabling as is deemed proper and maintain a record of arrivals and departures of all horses stabled on association grounds.

9.4. Conditions. The following provisions apply to the association’s racing secretary’s authority over the conditions of races:

9.4.a. The racing secretary shall establish the conditions and eligibility for entering races and cause them to be published to owners, trainers and the Racing Commission and posted in the racing secretary's office.

9.4.b. The racing secretary shall be responsible for making reasonable interpretations of the conditions and eligibility he or she has established.

9.4.c. For the purpose of establishing conditions, winnings shall be considered to include all monies and prizes won up to the time of the start of a race.

9.4.d. Winnings during the year shall be calculated by the racing secretary from the preceding January 1, unless otherwise prescribed by the conditions of the race.

9.5. Daily Program. The following provisions apply to the association’s racing secretary’s duties and responsibilities regarding the daily program:

9.5.a. The association’s racing secretary shall compile an official program for each racing day which shall contain the names of the thoroughbreds which are to run in each race together with their respective post positions, age, color, sex, breeding, jockey, owners or stable name, racing colors, weight carried, conditions of the race, the order in which each race shall be run, the distance to be run, and the claiming price if applicable.

9.5.b. The association’s racing secretary shall publish on the program any information and notices to the public as the Racing Commission may direct.

9.5.c. The association’s racing secretary is responsible for any error in the program excluding printing errors corrected on the proof, but not corrected by the printer.

9.5.d. The advertising in the program shall not pertain to wagering facilities outside the enclosure or selections or recommendations by tipsters and/or those sponsoring off track daily selection cards, unless approved by the Racing Commission.

9.6. Stakes and Entrance Money Records. The association’s racing secretary shall be the caretaker of the permanent records of all stakes and shall verify that all entrance monies due are paid prior to entry for races conducted at the meeting.

W. Va. Code R. § 178-1-10 Horsemen’s Bookkeeper

10.1. General Authority. The horsemen's bookkeeper shall maintain the records and accounts and perform the duties described in this section and maintain any other records and accounts and perform any other duties prescribed by the association and the Racing Commission.

10.2. Records. The following provisions apply to the records maintained by the horsemen’s bookkeeper:

10.2.a. The records shall include the name, mailing address, social security number, or federal tax identification number, and the state or country of residence of each thoroughbred owner, trainer or jockey participating at the race meeting who has funds due or on deposit in the horsemen's account.

10.2.b. The records shall include a file of all required statements of partnerships, syndicates, corporations, assignments of interest, lease agreements, and registrations of authorized agents.

10.2.c. All records of the horsemen's bookkeeper shall be kept separate and apart from the records of the association.

10.2.d. All records of the horsemen's bookkeeper including records of accounts and monies and funds kept on deposit are subject to inspection by the Racing Commission at any time.

10.2.e. If the horsemen’s bookkeeper is an employee of the association, the association licensee is subject to disciplinary action by the Racing Commission for any violations of or non-compliance with the provisions of this rule.

10.3. Payment of Purses. The following provisions apply to the payment of purses:

10.3.a. The horsemen's bookkeeper shall receive, maintain and disburse the purses of each race and all stakes, entrance money, jockey fees, purchase money in claiming races, along with all applicable taxes and other monies that properly come into his/her possession in accordance with the provisions of Racing Commission rules.

10.3.b. The horsemen's bookkeeper may accept monies due belonging to other organizations or recognized meetings, provided prompt return is made to the organization to which the money is due.

10.3.c. The horsemen's bookkeeper shall disburse the purse of each race and all stakes, entrance money, jockey fees and purchase money in claiming races, along with all applicable taxes, upon request, within 48 hours of receipt of notification that all tests with respect to such races have cleared the primary testing laboratory as reported by the stewards or the Racing Commission, except that minimum jockey mount fees may be disbursed prior to notification that the tests have cleared the testing laboratory(ies). Provided, however, that the organization representing the majority of the horsemen and the association may negotiate and reach an agreement specifying the circumstances under which owners who enter into purse release agreements may receive their purse award prior to notification that all tests have cleared the testing laboratory(ies) and within 72 hours of the official end of the race. A purse release agreement shall specify that in the event there is a primary testing result indicating a medication violation negating the winning status of an owner’s horse, that such owner shall fully reimburse the purse account within 72 hours of receipt of notice of the order of disqualification by the stewards. For purposes of this rule, such 72 hour notice of receipt of the order of disqualification shall run as of the time and date of posting or as of the time and date of electronic transmission of such notice. In the event that the owner fails to reimburse the purse account, the stewards may suspend the owner’s occupational permit and enter such action and the reason therefor into the database of the Association of Racing Commissioners International (RCI). Any suspension for failure to reimburse the purse account shall remain in effect until reimbursement has been satisfactorily made, together with such other fees and fines determined by the stewards in connection with the race for which the disqualification was determined. Further, any agreement reached by the organization representing the majority of the horsemen and the association shall specify the circumstances under which the horsemen’s organization shall indemnify the purse account in the event that an owner fails to reimburse it. Any agreement reached by the organization representing the majority of the horsemen and the association shall be filed with the Racing Commission 30 days prior to the start of the race meeting. In the absence of such an agreement, the horsemen’s bookkeeper shall disburse the purse of each race as otherwise specified in this subdivision after all tests have cleared.

10.3.d. In the event a protest or appeal has been filed with the stewards or the Racing Commission, the horsemen's bookkeeper shall disburse the purse within 48 hours of receipt of a dismissal or a final order disposing of such protest or appeal.

10.4. Holder of claim against thoroughbred. The holder of a claim whether it is a mortgage, a bill of sale or lien of any kind against a thoroughbred, shall file the claim with the horsemen's bookkeeper prior to the time the thoroughbred starts. The holder of a claim who fails to do so forfeits his or her rights in the winnings of the thoroughbred prior to the time his or her claim is properly filed.

10.5. Outstanding accounts. Owners having unpaid jockey or other fees at the close of a race meeting, shall be billed by the horsemen’s bookkeeper within 20 days of the close of the race meet, with a duplicate copy of a bill to the trainer. All owners must pay their accounts within 30 days from billing dates. At the expiration of the 30 day period, the association shall notify the Racing Commission or the stewards, in writing, of all delinquent accounts, at which time all owners with outstanding accounts may have their occupational permits suspended by the stewards until the fees are paid.

W. Va. Code R. § 178-1-11 Paddock Judge

11.1. General Authority. The paddock judge shall:

11.1.a. supervise the assembly of thoroughbreds in the paddock no later than fifteen (15) minutes before the scheduled post time for each race;

11.1.b. maintain a written record of all equipment, inspect all equipment of each thoroughbred saddled, and report any change thereof to the stewards;

11.1.c. prohibit any change of equipment without the approval of the stewards;

11.1.d. ensure that the saddling of all thoroughbreds is orderly, open to public view, free from public interference, and that thoroughbreds are mounted at the same time, and leave the paddock for the post in proper sequence;

11.1.e. supervise paddock schooling of all thoroughbreds approved for such by the stewards;

11.1.f. report to the stewards any observed cruelty to a thoroughbred;

11.1.g. ensure that only properly authorized persons are permitted in the paddock; and

11.1.h. report to the stewards any unusual or illegal activities.

11.2. Paddock Judge's List. The following provisions apply to the paddock judge’s list:

11.2.a. The paddock judge shall maintain a list of thoroughbreds which shall not be entered in a race because of poor or inconsistent behavior in the paddock that endangers the health or safety of other participants in racing. The owner, trainer or their designee shall be verbally notified by the paddock judge if his or horse is placed on the paddock judge’s list.

11.2.b. Upon request, the paddock judge shall provide a copy of the list to the stewards.

11.2.c. To be removed from the paddock judge's list, a thoroughbred must be schooled in the paddock and demonstrate to the satisfaction of the paddock judge and the stewards that the thoroughbred is capable of performing safely in the paddock.

W. Va. Code R. § 178-1-12 Horse Identifier

12.1. General Authority. The horse identifier shall:

12.1.a. when required, ensure the safekeeping of registration certificates held at the racetrack for thoroughbreds stabled and/or racing on association grounds;

12.1.b. inspect documents of ownership, registration, or breeding necessary to ensure the proper identification of each thoroughbred scheduled to compete at a race meeting;

12.1.c. examine every starter in the paddock for sex, color, markings and lip tattoo, microchip (ISO 11784), freeze brand or other identification method approved by the appropriate breed registry and the Racing Commission for comparison with its registration certificate to verify the thoroughbred’s identity; and

12.1.d. supervise the tattooing, microchip implanting, freeze branding or other method of identification approved by the appropriate breed registry and the Racing Commission for identification of any thoroughbred located on association grounds, if he or she is the official tattooer.

12.2. Report of Violations. The identification of thoroughbreds shall be made by the horse identifier who shall report any irregularities to the paddock judge and stewards.

12.3. Fraud or attempted fraud in the identification of a thoroughbred. Any person attempting to establish the identity of a thoroughbred or its ownership is responsible to the same extent as the owner, and shall be subject to a fine or suspension in the case of fraud or attempted fraud.

W. Va. Code R. § 178-1-13 Clerk of Scales

13.1. General Authority. The clerk of scales shall:

13.1.a. verify the presence of all jockeys in the jockeys' room at the appointed time;

13.1.b. verify that all such jockeys have a current jockey's permit issued by the Racing Commission;

13.1.c. verify the correct weight of each jockey at the time of weighing out and weighing in and report any discrepancies to the stewards immediately;

13.1.d. oversee the security of the jockeys' room including the conduct of the jockeys and their attendants;

13.1.e. promptly report to the stewards any infraction of the rules with respect to weight, weighing, riding equipment, deficiencies in equipment, or conduct;

13.1.f. assist the jockey room custodian;

13.1.g. record all required data on the scale sheet and submit that data to the horsemen's bookkeeper at the end of each race day;

13.1.h. maintain the record of applicable winning races on all apprentice jockey certificates at the meeting;

13.1.i. release apprentice jockey certificates, upon the jockey's departure or upon the conclusion of the race meet;

13.1.j. assume the duties of the jockey room custodian in his or her absence;

13.1.k. cause any overweight to be displayed immediately to the public and cause this information to be immediately announced over the public address system by the announcer; and

13.1.l. use reasonable efforts to verify that safety equipment required to be worn by jockeys is worn.

W. Va. Code R. § 178-1-14 Jockey Room Custodian

14.1. General Authority. The jockey room custodian shall:

14.1.a. maintain order, decorum, and cleanliness in the jockey and scale rooms;

14.1.b. assist the clerk of the scales in the performances of his or her duties;

14.1.c. ascertain that no persons, other than racing officials, members of the Racing Commission or its representatives, representatives of jockeys, and necessary jockey room attendants are admitted to the jockey room on a day of racing without the express permission of the stewards for each time of entry;

14.1.d. oversee the care and storage of all racing colors;

14.1.e. oversee the jockeys’ attendants and arrange their rotation among jockeys in the matter of weighing out;

14.1.f. ascertain that any jockey attendant not approved by the stewards and not holding an occupational permit issued by the Racing Commission is permitted to assist any jockey at any time;

14.1.g. report any irregularities to the stewards that occur in the jockey room;

14.1.h. ascertain that jockeys are neat in appearance and attired in keeping with this rule when they leave the room to ride in a race;

14.1.i. notify the jockeys that it is time to go directly to the paddock and notify the stewards of any jockey not in compliance; and

14.1.j. ensure that the jockeys' room is properly equipped and inform the stewards and association of any deficiencies.

14.2. Prohibited conduct. The jockey room custodian shall not lend money to any jockey or any other person in the jockey room and shall not sell or exchange raffle tickets. The jockey room custodian shall not be involved in any financial transactions of any kind in the jockey room, with the exception of the buying and selling of racing equipment used by the jockeys.

W. Va. Code R. § 178-1-15 Starter

15.1. General Authority. The starter shall:

15.1.a. have complete jurisdiction over the starting gate, the starting of thoroughbreds and the authority to give orders not in conflict with the rules of racing as may be required to ensure all participants an equal opportunity to a fair start;

15.1.b. appoint and supervise assistant starters who have demonstrated they are adequately trained to safely handle thoroughbreds in the starting gate. In emergency situations, the starter may appoint qualified individuals to act as substitute assistant starters;

15.1.c. ensure that at least one assistant starter is available for each thoroughbred in a race, unless permission is otherwise granted by the stewards;

15.1.d. assign the starting gate stall positions to assistant starters and notify the assistant starters of their respective stall positions before post time for the race;

15.1.e. assess the ability of each person applying for a jockey's permit in breaking from the starting gate and working a thoroughbred in the company of other thoroughbreds, and make such assessment known to the stewards;

15.1.f. load thoroughbreds into their positions in the starting gate in alternating sequence, with the thoroughbred assigned to the post closest to the inside rail and the thoroughbred assigned to the post position nearest to the middle of the field being loaded first, and so on, until the field is properly loaded. When there are less than seven (7) thoroughbreds running a race, they may be loaded in the starting gate in the order of their positions beginning from the inside rail. Vicious and unruly horses may be loaded out of sequence in the discretion of the starter; and

15.1.g. assess any thoroughbred that has not run a race within the preceding six (6) months and determine whether or not it can break out of the gate satisfactorily.

15.2. Reloading of thoroughbreds. If a thoroughbred or thoroughbreds break through the gate or unseat his or her rider after part or all of the field is loaded in the gate for the start, and that thoroughbred is not immediately taken in hand by the outrider and brought back for reloading, the starter may unload the remaining thoroughbreds in the gate and reload in their proper order when the runaway thoroughbred is brought back in position for loading.

15.3. Starter's List. No thoroughbred shall be permitted to start in a race unless approval is given by the starter. The starter shall maintain a starter's list of all thoroughbreds which are ineligible to be entered in any race because of poor or inconsistent behavior or performance in the starting gate. A thoroughbred on the starter’s list shall be refused entry until it has demonstrated to the starter that it has been satisfactorily schooled in the gate and can be removed from the starter's list. Schooling shall be under the direct supervision of the starter or an assistant. The starter shall provide copies of the starter’s list to the stewards and the association’s racing secretary, including information pertaining to the thoroughbreds that are schooled sufficiently to be permitted to run.

15.4. Assistant Starters. With respect to an official race, the assistant starters shall not:

15.4.a. handle or take charge of any thoroughbred in the starting gate without the expressed permission of the starter;

15.4.b. impede the start of a race;

15.4.c. apply a whip or other device, with the exception of steward-approved twitches, to assist in loading a thoroughbred into the starting gate;

15.4.d. slap, boot, or otherwise dispatch a thoroughbred from the starting gate;

15.4.e. strike or use abusive language to a jockey; or

15.4.f. accept or solicit any gratuity or payment other than his/her regular salary, directly or indirectly, for services in starting a race.

15.5. Report Violations. The starter and assistant starters shall report all unauthorized activities to the stewards.

W. Va. Code R. § 178-1-16 Timer/Clocker

16.1. General Authority of the Timer. The following provisions shall apply to the general authority of the timer:

16.1.a. The timer shall accurately record the time elapsed between the start and finish of each race.

16.1.b. The time shall be recorded from the instant that the first horse leaves the point from which the distance is measured until the first horse reaches the finish line.

16.1.c. At the end of a race, the timer shall post the official running time on the infield totalisator board on instruction by the stewards.

16.1.d. At a racetrack equipped with an appropriate infield totalisator board, the timer shall post the quarter times (splits) for thoroughbred races in fractions as a race is being run.

16.1.e. For back-up purposes, the timer shall also use a stopwatch to time all races. In time trials, the timer shall ensure that at least three stopwatches are used by the stewards or their designees.

16.1.f. The timer shall maintain a written record of fractional and finish times of each race and have the same available for inspection by the stewards or the Racing Commission on request.

16.2. General Authority of the Clocker. The following provisions apply to the general authority of the clocker:

16.2.a. The clocker shall be present during training hours at each track on association grounds, which is open for training, to identify each thoroughbred working out and to accurately record the distances and times of each thoroughbred’s workout.

16.2.b. Each day, the clocker shall prepare a list of workouts that describes the name of each thoroughbred which worked along with the distance and time of each thoroughbred's workout.

16.2.c. At the conclusion of training hours, the clocker shall deliver a copy of the list of workouts to the stewards and the association’s racing secretary.

W. Va. Code R. § 178-1-17 Placing Judges

17.1. General Authority. The following provisions apply to the general authority of the placing judges:

17.1.a. The placing judges shall occupy the judges' stand at the time the thoroughbreds pass the finish line and indicate the order of finish of the thoroughbreds. If in doubt of the proper order of finish, they may delay posting the result until after they examine the photo of the finish of the race to determine the positions of the thoroughbreds. Decisions are final, unless an objection to the winner or any thoroughbred officially placed is made and sustained. Nothing in this section prevents the placing judges from correcting any mistake. The correction is subject to confirmation by the stewards before the official result is posted.

17.1.b. The placing judges shall determine the order of finishing of as many thoroughbreds as they consider proper, but never less than five (5), if five (5) or more are racing. When the placing judges differ on the order of finish the majority governs. The placing judges shall file the finish of each race with the association’s racing secretary or his or her assistants and with the Racing Commission.

17.2. Dead Heats. The following provisions apply to dead heats:

17.2.a. In the event the placing judges determine that two (2) or more thoroughbreds finished the race simultaneously and cannot be separated as to their order of finish, a dead heat shall, with the approval of the stewards, be declared.

17.2.b. In the event one or more of the first four (4) finishers of a race are involved in a dead heat, the placing judges shall publicly post the results and cause the numbers of the thoroughbred or thoroughbreds involved to be published.

W. Va. Code R. § 178-1-18 Racing Commission Veterinarian(s)

18.1. General. The Racing Commission veterinarian(s) shall:

18.1.a. be employed by the Racing Commission;

18.1.b. be a graduate veterinarian and be licensed to practice veterinary medicine in the state of West Virginia;

18.1.c. be qualified to objectively and competently perform the regulatory duties described herein;

18.1.d. refuse employment or payment, directly or indirectly, from any thoroughbred owner or trainer of a thoroughbred racing or intending to race in this jurisdiction while employed as a Racing Commission veterinarian;

18.1.e. refrain from directly treating or prescribing for any thoroughbred under his/her jurisdiction except in cases of emergency, accident, or injury;

18.1.f. have no employment history or business relationship prior to or during employment as the Racing Commission veterinarian that could constitute a conflict of interest or impede in the performance of official duties;

18.1.g. recommend to the stewards any thoroughbred deemed unsafe to be raced, or a thoroughbred that it would be inhumane to allow to race;

18.1.h. conduct pre-race examinations on all potential starters on race day;

18.1.i. inspect any thoroughbred when there is a question as to the physical condition of such thoroughbred independent of the thoroughbred’s entry status;

18.1.j. be present in the paddock during saddling; on the racetrack during the post parade; and, at the starting gate until the thoroughbreds are dispatched from the starting gate for the race;

18.1.k. recommend to the stewards the scratching of any thoroughbred that is, in the opinion of the Racing Commission veterinarian, injured, ill, or otherwise unable to compete due to a medical or health-related condition;

18.1.l. inspect any thoroughbred which appears in physical distress during the race or at the finish of the race; and report such thoroughbred together with his/her opinion as to the cause of the distress to the stewards;

18.1.m. provide emergency medical care to horses injured while racing and effect case transfer to the practicing veterinarian;

18.1.n. be authorized to humanely destroy any thoroughbred deemed to be so seriously injured that it is in the best interests of the thoroughbred to so act;

18.1.o. report to the Racing Commission the names of all thoroughbreds humanely destroyed or which otherwise expire at the meeting or on association grounds and the reasons therefore;

18.1.p. maintain all required records of postmortem examinations performed on thoroughbreds which have died within the jurisdiction of the Racing Commission;

18.1.q. maintain the veterinarians’ list of thoroughbreds ineligible to race and cause notification to be provided to a horse’s trainer that a horse trained by him or her is on the veterinarians’ list;

18.1.r. supervise, control and establish any necessary procedures for the operation of the test barn;

18.1.s. supervise the taking of all specimens for testing according to procedures approved by the Racing Commission;

18.1.t. provide proper safeguards in the handling of all laboratory specimens to prevent tampering, confusion, or contamination and assure sample integrity;

18.1.u. provide the stewards with a written statement regarding the nature and seriousness of all laboratory reports of prohibited substances in equine samples;

18.1.v. have jurisdiction over the practicing veterinarians on the association’s grounds for the purpose of this rule;

18.1.w. review and consult with the applicants and the stewards/Racing Commission regarding permit applications of practicing veterinarians, veterinary technicians or assistants, vendors of medical supplies and equipment, and non-veterinarian health care providers;

18.1.x. cooperate with practicing veterinarians and other regulatory agencies to take measures to control communicable and/or reportable equine diseases;

18.1.y. keep current and/or update the Jockey Club Equine Injury Database, if the association is a participant in the database; and

18.1.z. cause the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1 D at the end of this rule, any medication/substance thresholds set forth in section 49 of this rule and in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule and the Association of Racing Commissioners International Endogenous, Dietary, or Environmental Substances Schedule, Version 4.1, contained in table 178-1G at the end of this rule, to be publicly posted in the office of Racing Commission veterinarian(s).

18.2. Veterinary Technicians. The Racing Commission may employ veterinary technicians registered by the West Virginia Board of Veterinary Medicine or other veterinary assistants qualified to assist the Racing Commission veterinarians. A veterinary technician or veterinary assistant employed by the Racing Commission shall perform all lawful duties and shall act under the direct supervision of the Racing Commission veterinarian(s).

PART 4. ISSUANCE OF LICENSES AND DUTIES OF LICENSEES.

W. Va. Code R. § 178-1-19 License Required

19.1. Any individual, partnership, firm, association, corporation, or other entity or organization of whatever character or description wishing to obtain a license to conduct a race meeting with pari-mutuel wagering during any calendar year shall file a license application with the Racing Commission on forms prescribed by the Racing Commission.

19.2. Such application shall disclose, but not be limited to, the following:

19.2.a. If the applicant is an individual, the full name and address of the applicant;

19.2.b. If the applicant is a partnership, firm or association, the full name and address of each partner or member thereof and the name of the partnership, firm or association and its address;

19.2.c. If the applicant is a corporation, its name, the state of its incorporation, its address, the full name and address of each officer and director thereof, and if a foreign corporation, whether it is qualified to do business in the state of West Virginia;

19.2.d. The dates such applicant intends to hold or conduct each horse race meeting during the calendar year;

19.2.e. The location of the horse racetrack, place or enclosure where such applicant proposes to hold or conduct such horse race meeting;

19.2.f. Whether the applicant, any partner, member, officer, or director has previously applied for a license under W. Va. Code §19-23-1 et seq. or for a similar license in this or any other state, and if so, whether such license was issued or refused, and, if issued, whether it was ever suspended or revoked;

19.2.g. If the applicant is an individual, his or her fingerprints; if the applicant is a partnership, firm or association, the fingerprints of each partner or each member; if the applicant is a corporation, the fingerprints of each officer and director. Such fingerprints shall be provided for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation and shall be accompanied by a signed authorization for the release of information by those agencies;

19.2.h. Such other information as the Racing Commission may in its discretion reasonably require, including, but not limited to, satisfactory evidence that the applicant has the ability to pay all taxes due the state, purses, salaries of racing officials and other expenses incident to the horse race meeting for which a license is sought. If satisfactory evidence of ability to pay such expenses and fees cannot be furnished by the applicant, the Racing Commission may require a bond or other adequate security before the license is issued; and

19.2.i. A signed, notarized verification that the information contained on the application is true and accurate. Such verification shall be signed by the individual seeking the license; or, by a partner or member if the applicant is a partnership, firm or association; or, by an officer or director if the applicant is a corporation.

19.3. A license is neither transferrable nor assignable to any other person. The sale of the assets of an association requires the buyer to apply for a racing license from the Racing Commission if the buyer wishes to conduct a horse race meeting with pari-mutuel wagering in this state.

19.4. The Racing Commission shall promptly consider any application for a license. Based upon such application and any other information before it, the Racing Commission shall make and enter an order either approving or denying the application. If an application for a license is approved, the Racing Commission shall issue a license to conduct a horse race meeting, and shall designate on the face of the license the dates upon which the horse race meeting shall be held, the location of the horse racetrack, place or enclosure where the horse race meeting is to be held, and other information as the Racing Commission shall consider proper.

19.5. The Racing Commission may deny an application for a license or may suspend, revoke, or otherwise discipline a license if it finds that the applicant or the licensee:

19.5.a. Has knowingly made a false statement of material fact in the application or has knowingly failed to disclose any information called for in the application;

19.5.b. Is or has been found guilty of any corrupt or fraudulent act, practice or conduct in connection with any horse race meeting in this or any other state;

19.5.c. Is or has been convicted, within ten years prior to the date of the application, of an offense which under the laws of this state, of any other state or of the United States of America, shall constitute a felony or a crime involving moral turpitude;

19.5.d. Has failed to comply with W. Va. Code §19-23-1 et seq. or any rules of the Racing Commission;

19.5.e. Has had a license to hold or conduct a horse race meeting denied for just cause, suspended or revoked in any other state;

19.5.f. Has defaulted in the payment of any obligation or debt due to the state of West Virginia under W. Va. Code §19-23-1 et seq;

19.5.g. Is, if a corporation, neither incorporated under the laws of this state nor qualified to do business in this state; or

19.5.h. Has failed to furnish a bond or other adequate security, if the same is required by the Racing Commission under W. Va. Code §19-23-7(b) and this rule.

19.6. In issuing licenses for horse race meetings at the various horse racetracks in this state, the Racing Commission shall consider the horse racing circuits with which the horse racetracks in this state are associated or contiguous to, and shall also consider dates which are calculated to increase the tax revenues accruing from horse racing.

19.7. If a horse racetrack, place or enclosure specified on the face of the license as the licensee’s location for horse racing becomes unsuitable because of flood, fire, or other catastrophe, or cannot be used for any reason, the Racing Commission may, upon application, authorize the horse race meeting, or any remaining portion thereof, to be conducted at any other racetrack, place or enclosure available for that purpose, provided that the owner of the racetrack, place or enclosure willingly consents to the use thereof.

W. Va. Code R. § 178-1-20 General Duty

20.1. An association, its officers, directors, officials and employees shall abide by and enforce the laws of this state governing racing and the rules and orders of the Commission and stewards and failure to do so may result in the imposition of disciplinary action against the association’s license and/or against the occupational permit held by an officer, director, official, and/or employee of the association.

20.2. No individual who has a direct or indirect financial interest of twenty percent (20%) or more in a partnership, firm, association, corporation, or other entity or organization of whatever character or description licensed by the Racing Commission to conduct horse racing and pari-mutuel wagering shall race or permit, or cause to be raced, any horse in which he or she has an interest, either direct or indirect, at any meeting where racing is conducted under the license.

20.3. Any person holding an occupational permit who is actively engaged in the management of any aspect of the operations of a licensed racetrack shall not directly or indirectly wager on the outcome of any race under the jurisdiction of the Racing Commission.

20.4. If the association is a corporation, it shall, upon request, provide a list of all stockholders or shareholders to the Racing Commission.

20.5. 30 days before conducting a stakes race, each association shall submit to the Racing Commission the conditions for all stakes races it proposes to hold, together with the stake, purse or reward, all of which are subject to the approval of the Racing Commission.

W. Va. Code R. § 178-1-21 Financial Requirements

21.1. Insurer of the Race Meeting. The following provisions apply to the association’s duty as insurer of each race meeting:

21.1.a. The association shall maintain, in an approved depository, the amounts deducted from the pari-mutuel handles for purse distribution as specified by the provisions of W. Va. Code §19-23-10 and this rule.

21.1.b. An association is obligated as part of its duties to ensure that the amounts retained from the pari-mutuel handles are distributed according to the West Virginia Code and Racing Commission rules.

21.1.c. An association shall ensure that all purse monies, disbursements and appropriate nomination race monies are available to make timely distribution in accordance with the West Virginia Code, Racing Commission rules, association rules and race conditions.

21.1.d. The association shall provide proof of liability insurance coverage upon request of the Racing Commission.

21.2. Financial Reports. Each licensee shall file audited financial statements on or before the 30th of April of each year, unless otherwise authorized by the Racing Commission. These financial statements will cover all income and disbursements relating directly and indirectly to horse racing activities in the state, including, but not limited to, the following: concessions, programs, parking, pari-mutuel wagering, and breakage. The financial statements shall be prepared in accordance with generally accepted accounting principles and shall be accompanied by the report of an independent certified public accountant. If the association is a corporation, it shall provide the Racing Commission with a copy of its annual audited, consolidated financial statements contained in the corporation’s annual report to its shareholders and, if applicable, as submitted to the United States Securities and Exchange Commission.

W. Va. Code R. § 178-1-22 Facilities and Equipment

22.1. Facilities and Equipment for Patrons and Permit Holders. The following provisions apply to the facilities and equipment that an association must provide for patrons and permit holders:

22.1.a. The association shall provide equipment for fingerprinting and photographing all occupational permit holders and shall provide the necessary equipment to coat the occupational permit in plastic with the picture of the permit holder.

22.1.b. The association shall furnish and maintain at least one (1) ambulance properly equipped to transport for the exclusive use of persons, staffed with at least two (2) emergency medical technicians, one of whom shall be a certified paramedic and one of whom may be a certified paramedic, certified emergency medical technician, or an advanced emergency medical technician, at any time the racetrack is open for live racing or exercising. If the ambulance is being used to transport an individual, the association may not conduct a race or be open for training until the ambulance is replaced, and ready for immediate duty, to be placed at a readily available location to the racing strip, so that no time may be lost in answering calls. Unless otherwise approved by the Racing Commission or the stewards, an ambulance shall follow the mounted horses at a safe distance during the running of the race.

22.1.c. The association shall equip and maintain at its racetrack at least one (1) first aid room provided with adequate beds and equipped with first aid appliances and material as approved by the Racing Commission. Each association shall meet minimum staffing requirements of emergency service personnel during all racing hours, and employ an emergency medical technician, an individual trained in cardiopulmonary resuscitation, and at least one person shall be adequately trained in diagnosing and assessing concussions. An association shall provide mandatory orientation of racing emergency procedures for all emergency response personnel employed by or assigned as a result of a contract to the association grounds.

22.1.d. The association shall ensure that the public areas of the association grounds are designed and maintained for the safety of the patrons and occupational permit holders and are accessible to persons with disabilities as required by state and federal law.

22.1.e. The association shall provide a supply of free drinking water.

22.1.f. The association shall maintain adequate restroom facilities on association grounds and ensure the safety and cleanliness of the restroom facilities at all times.

22.1.g. The association shall designate an office and suitable parking spaces for the exclusive use of the Racing Commission, its employees and representatives. The association shall offer sufficient office space for private consultation and necessary office equipment. The office shall be equipped with a telephone and shall also have sufficient space for secure, locked storage for Racing Commission records and supplies. The key to such storage shall be available only to the Racing Commission and/or the stewards. The association shall also provide sufficient office space for the Racing Commission license clerk(s), investigator(s), security officer(s), and any other Racing Commission personnel, as requested by the Racing Commission.

22.1.h. Any racing association contemplating a change of any kind pertaining to the racing strip, the erection of new buildings, stands or other structures, on the grounds of the association which are to be used as a part of the facilities for conducting a race meeting, shall notify the Racing Commission in writing before any changes are made.

22.2. Officials’ Stands. Stands for placing judges, clockers, timers, and stewards shall be maintained in positions commanding an uninterrupted view of the entire racing strip and shall be appropriately maintained and furnished. The stands are subject to approval by the Racing Commission.

22.3. Audio and Visual Equipment. The following provisions apply to the audio and visual equipment required for racing:

22.3.a. The association shall provide and maintain in good working order a communication system between the stewards' stand; office of the association’s racing secretary; tote room; jockeys' room; paddock; test barn; starting gate; clocker's/timer’s stand; Racing Commission veterinarian(s); track announcer; location of the ambulances (equine and human); and other locations and persons designated by the Commission.

22.3.b. A camera or electronic photofinish device selected by the association conducting the meeting shall be approved by the Racing Commission and shall be used to make photographs or images of the horses at the finish to assist the placing judges in determining their positions as exclusively indicated by the noses of the horses. On request by the Racing Commission, the association shall provide, without cost, photographs, or images of a finish to the Commission or its representatives. Finish photographs or images of each race shall be maintained by the association for not less than one (1) month after the end of the race meeting, or such other period as may be requested by the stewards or the Racing Commission.

22.3.c. The association shall install and use a video recording system approved by the Racing Commission with not fewer than three (3) cameras operating from positions designated by the Racing Commission to provide clear panoramic and head-on views and recordings of each race from start to finish. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review shall be provided in the stewards' stand. On request by the Racing Commission, the association shall provide, without cost, a copy of the video recording of each race to the Commission or its representatives. Video recordings made during each race shall be retained by the association for not less than one (1) month after the end of the race meeting, or such other period as may be requested by the stewards or the Racing Commission.

22.3.d. On all racetracks, the official photographer for the association shall be required to hold an occupational permit issued by the Racing Commission. In all cases when a still picture is taken by the official photographer, he or she shall direct his or her camera at a point away from the finish line unless otherwise approved by the stewards or the Racing Commission. No photographer, other than the official photographer, shall be permitted on the racetrack, unless permission is granted by the stewards or the Racing Commission; and then only for pictures that are specifically requested and in places as are approved by the stewards or the Racing Commission.

22.4. Rails and Gaps. The following provisions to the rails and gaps required for racing:

22.4.a. Racetracks shall have inside, outside, and gap rails designed, constructed, and maintained to provide for the safety of Jockeys and Horses.

22.4.b. Objects within 10 feet of the inside rail shall be flexible enough to collapse upon impact of a Horse or rider, or sufficiently padded as to prevent injury.

22.4.c. Rails shall be inspected prior to each Race Meet and daily during training and racing events.

22.4.d. All gaps must be clearly marked, must have protective padding covering any sharp edges or unique angles, and have proper mechanisms to allow for secure closure when needed.

22.4.e. Main gaps and on-gaps should include signage with safety rules, Racetrack hours and other applicable rules.

22.4.f. For Races breaking from a chute there should be sufficient temporary rail extension to prevent Horses from ducking in or out.

22.5. Starting Gates. Each racing association shall provide and maintain at least two operable padded starting gates on every race day of its meeting.

22.5.a. All gates, and the vehicle that moves the gates, must be inspected pre-Race Meet and documented to be in proper working condition.

22.5.b. All gates must have protective padding to ensure the safety of the Horse, Jockey, and gate personnel. Protective padding shall protect the riders and gate personnel from contact with sharp edges and help to distribute impact loads. All padding shall be designed to ensure durability for outdoor use and shall be capable of maintaining safety and physical integrity during all weather conditions.

22.5.c. Gates and the vehicle that moves the gates shall be inspected and tested each race day before the Races and each morning before schooling to ensure proper functioning.

22.5.d. No personnel, other than those required for steering the gate, shall ride on the gate while the gate is in motion or being transported.

22.5.e. Racetracks shall have in place annually reviewed and documented standard operating procedures for the removal of the starting gate after the start of each Race as needed in a safe and timely manner. This plan shall also include procedures for gate removal if the primary removal mechanism fails.

22.5.f. Every Starting Gate Person shall wear protective gear when working on or around the starting gate, including approved helmets and safety vests.

22.5.g. If the starting gate becomes inoperable during racing hours, racing may not continue until the starting gate is brought back to safe operating standards or the inoperable gate is replaced with a properly functioning alternate gate.

22.5.h. During racing hours, a Racetrack should ensure that sufficient assistant starters are available to safely handle each Horse entered in a Race.

22.5.i. A Racetrack shall make at least one starting gate and one Starting Gate Person available for racehorse schooling during designated gate training hours.

22.6. Distance Markers. The following provisions apply to the distance markers required for racing:

22.6.a. An association shall provide starting point markers and distance poles in a size and position that is clearly seen from the stewards' stand.

22.6.b. The starting point markers and distance poles must be marked as follows:

22.6.b.1. 1/4 POLES -- Red and White;

22.6.b.2. 1/8 POLES -- Green and White; and

22.6.b.3. 1/16 POLES -- Black and White.

22.7. Lighting. The following provisions apply to the lighting required for racing:

22.7.a. An association shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, permit holders and horses. The association shall also provide lighting to ensure the proper operation of video recording and photofinish equipment.

22.7.b. If an association conducts racing at night, the association shall maintain a backup lighting system that is sufficient to ensure the safety of race participants and patrons.

22.7.c. An association shall provide adequate lighting in the stable areas as required by the Racing Commission.

22.8. Equine Ambulance. The following provisions apply to the equine ambulance required for racing:

22.8.a. An association shall provide an equine ambulance staffed by trained personnel on association grounds on each day that the racetrack is open for racing or training.

22.8.b. The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use.

22.8.c. The ambulance must be a covered vehicle that is low to the ground and large enough to accommodate a horse in distress. The ambulance must be able to:

22.8.c.1. navigate on the racetrack during all weather conditions; and

22.8.c.2. transport a horse off the association grounds.

22.8.d. The ambulance must be equipped with:

22.8.d.1. large, portable screens to shield a horse from public view;

22.8.d.2. ramps to facilitate loading a horse;

22.8.d.3. adequate means of loading a horse that is down;

22.8.d.4. a padded interior;

22.8.d.5. a movable partition to initially provide more room to load a horse and to later restrict a horse's movement;

22.8.d.6. a shielded area for the person who is attending to the horse; and

22.8.d.7. an adequate area for the storage of water and veterinary drugs and equipment.

22.8.e. An association may not conduct a race unless an equine ambulance or a substitute approved by a Racing Commission veterinarian is readily available.

22.8.f. The equine ambulance, its supplies, and attendants and the operating procedures for the equine ambulance must be approved by a Racing Commission veterinarian.

22.9. Barns. The following provisions apply to the barn area required for racing:

22.9.a. Each barn shall be numbered and each and every stall in the barn shall be numbered and a record of each designation filed with the association’s racing secretary.

22.9.b. All used bedding and manure shall be removed from the stalls daily and shall be deposited at a place designated by the association. The association shall remove or cause to be removed all bedding and manure from the stable area.

22.10. Test Barn. The following provisions apply to the test barn required for racing:

22.10.a. The association shall provide a suitable building, approved by the Racing Commission, for a test barn. The test barn shall be under the supervision of the Racing Commission veterinarian(s), for the purpose of collecting specimens for any test required by the Racing Commission.

22.10.b. The test barn shall be equipped with:

22.10.b.1. a walk area that is large enough to accommodate four (4) horses;

22.10.b.2. at least four (4) enclosed stalls that permit observation of the specimen collection process and provide for the protection of collection personnel;

22.10.b.3. facilities and equipment for the collection, identification, and storage of specimens;

22.10.b.4. a wash rack or wash stall that is large enough to accommodate two (2) horses at the same time;

22.10.b.5. hot and cold running water;

22.10.b.6. equipment for washing and cooling horses;

22.10.b.7. clean water buckets for each horse; and

22.10.b.8. any other items required by the Racing Commission.

22.10.c. The test barn shall be kept locked at all times when not in use. The only persons authorized to have keys shall be the racetrack general manager or his or her designee and the Racing Commission veterinarian(s) and their designees.

22.11. Concussion Protocol. An association shall adopt, have posted, and implement a protocol for education, evaluation, diagnosis and management of concussion of jockeys which shall be approved by the Racing Commission. Each jockey shall acknowledge in writing that he/she has been made aware of the concussion protocols in place at the racetrack where he/she is riding. A minimum assessment shall include the most current sport concussion assessment tool examination, when necessary, and be performed by a medical professional authorized in the State of West Virginia to perform such evaluation. Additionally, a return to ride guideline shall be established in order to clear a jockey who has been concussed, or is believed to have been concussed, once he or she is declared fit to ride by a medical professional authorized to do so. Included in such guideline shall be the use of the Medical Authorization form set forth in Table 178-1H at the end of this rule. The Stewards shall be notified when a jockey is not permitted to ride and when a jockey has been authorized to return to ride.

22.12. Racetrack and Racing Surface Data Collection, Recordkeeping, and Submission.

22.12.a. Racetracks shall have data collection protocols in place to assist in the proper and consistent maintenance of all racing and training surfaces. Racing and training surface testing and maintenance should be performed based on the Racetrack’s written standard operating procedures which are reviewed annually and updated as needed. The WV Racetrack Safety Committee, or its designees, shall develop and annually update a Racetrack Surface Standard Practices Document.

22.12.b. All Racetrack design records, racing and training surface maintenance records, surface material tests, and daily tests data shall be recorded in a format acceptable to the Racing Commission and shall be submitted to the Racing Commission. Any test results shall be submitted to the Racing Commission within one (1) week of the test results.

22.12.c. Surface test methods and surface material test methods must be documented and consistent with testing standards from internationally recognized standards organizations including ASTM International, American Society of Agricultural and Biological Engineers, or other relevant international standards, and when possible for unpublished standards, methods consistent with those documented by the Racing Surfaces Testing Laboratory.

22.13. Racetrack Surface Monitoring.

22.13.a. Racetracks shall provide equipment and personnel necessary to maintain the racetrack surface in a safe and consistent condition.

22.13.b. Pre-meet inspection shall be performed on all surfaces prior to the start of each Race Meet with sufficient time allotted to facilitate corrections of any issues prior to racing. For Race Meets spanning periods with significant weather variation, inspections shall be performed seasonally prior to anticipated weather changes.

22.13.c. Inspections for dirt and synthetic surfaces shall include the following elements:

22.13.c.1. Determine and document race and training track configurations and geometries, including geometry and slopes of straights and turns and slopes at each distance marker pole; accuracy of distances from the finish line to the marker poles; and cushion and base geometries.

22.13.c.2. Base inspection, including windrowing and base survey, surface survey, ground penetrating radar, or other method; 22.13.c.3 Mechanical properties of racing and training tracks using a biomechanical surface tester shall be determined and documented;

22.13.c.4. Surface material samples of racing and training tracks shall be analyzed for material composition pursuant to the Racetrack Surface Standard Practices Document; and

22.13.c.5. Corrective measures to address issues under this subsection.

22.13.d. Inspections for turf surfaces shall include the following elements:

22.13.d.1. Determine and document racetrack configuration and geometry, including geometry and slopes of straights and turns and slopes at each distance marker pole; irrigation systems; turf profile; and ensure distances from the finish line to the marker poles are correct.

22.13.d.2. Document turf species;

22.13.d.3. Mechanical properties of racing and training tracks using a surface tester should be determined and documented;

22.13.d.4. Surface material samples of racing and training tracks shall be analyzed for material composition pursuant to the Racetrack Surface Standard Practices Document;

22.13.d.5. The irrigation system must be tested to evaluate function of all components and water coverage including gaps and overlap; and

22.13.d.6. Corrective measures to address issues under this subsection.

22.13.e. Daily measurements shall be taken at the beginning of all daily training and racing sessions for racing and training tracks taken at each ¼ mile marker pole at locations 5 and 15 feet outside the inside rail.

22.13.e.1. For dirt and synthetic surfaces, such daily measurements shall include: (i) Moisture content; (ii) Cushion depth; and (iii) Weather conditions and precipitation at 15-minute intervals from a national or local weather service.

22.13.e.2. For turf surfaces, such daily measurements shall include: (i) Moisture content; and (ii) Penetration and shear properties.

22.13.f. Surface equipment inventory, surface maintenance logs, and surface material addition or renovation logs shall be maintained and submitted to the Racing Commission.

22.13.f.1. Daily surface maintenance logs should include equipment used, direction of travel, water administration.

22.13.f.2. Documentation of the source, timing, quantity, and method of all additions to the surfaces shall be submitted to the Racing Commission.

W. Va. Code R. § 178-1-23 Operations

23.1. Security. The following provisions apply to the security required on association grounds:

23.1.a. An association conducting a race meeting shall maintain security controls over its grounds.

23.1.b. An association shall establish a system or method of issuing credentials or passes to restrict access to its restricted areas, which includes but is not limited to the stable area and paddock, and to ensure that all participants at its race meeting hold permits as required by this rule.

23.1.c. An association shall prevent access to and shall remove or cause to be removed from its restricted areas, which includes but is not limited to the stable area and paddock, any person who does not have an occupational permit, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.

23.1.d. Upon request, a written report shall be made to the Racing Commission or the stewards by the director of the security department at each race track, which details any and all occurrences or incidents on association grounds. This report shall include the name of all persons involved in the occurrences or incidents and the circumstances of the occurrences or incidents.

23.1.e. It is the responsibility of the racing association conducting a meeting under a license issued by the Racing Commission to assure that all persons under the age of 16 years are properly supervised by an adult when admitted to the association grounds unless such persons are working in any gainful occupation on the association grounds pursuant to West Virginia Code § 21-6-1, et seq. Persons under the age of 16 years may not be admitted in a restricted area without the written permission of the stewards, except in case of an emergency or except where the person has been issued a permit at age 16 pursuant to the exception specified in subdivision 24.1.i. of this rule or except as permitted pursuant to West Virginia Code § 21-6-1, et seq. Violation of this rule may result in a fine or other discipline against a licensee and/or occupational permit holder when warranted in the discretion of the stewards and/or the Racing Commission.

23.2. Fire Prevention. The following provisions apply to fire prevention on association grounds:

23.2.a. An association shall develop and implement a program for fire prevention on association grounds. An association shall instruct employees working on association grounds of the procedures for fire prevention.

23.2.b. No person shall:

23.2.b.1. smoke in stalls, feed rooms, under shed rows, on the track running surface, or in any other “no smoking” area of the association’s grounds as identified by the association or the Racing Commission;

23.2.b.2. burn open fires or oil and gas lamps in the stable area;

23.2.b.3. leave unattended any electrical appliance that is plugged-in to an electrical outlet, with the exception of a fan approved by the association;

23.2.b.4. permit horses to come within reach of electrical outlets or cords;

23.2.b.5. store flammable materials such as cleaning fluids or solvents in the stable area; or

23.2.b.6. lock a stall which is occupied by a horse.

23.3. Performances. The following provisions apply to performances:

23.3.a. The minimum number of races per day at all licensed racetracks shall be eight (8), and the maximum number of races per day shall be ten (10), unless otherwise authorized by the Racing Commission.

23.3.b. The Racing Commission shall approve the post time for the first race of each race day. Each race after the first race of each race day shall be run at intervals to be approved by the Racing Commission. In the event of an emergency, the stewards may approve the alteration of the post time for the first race of each race day and the intervals at which other races shall be run.

23.4. Posting of Jockey Insurance Coverage. The following provisions apply to the posting of jockey insurance coverage:

23.4.a. If an association carries insurance for the coverage of jockeys who are injured while on the grounds of the association, the association shall have on file with the Racing Commission a copy of the actual policy and post in the jockeys’ room the declaration page from such insurance policy and shall, upon the request of any jockey who is participating in the race meeting, provide a copy of the policy of such insurance. Such request shall be made in writing to the person designated by the association to respond to such requests as specified in a notice posted with the declaration page.

23.4.b. In the event that the insurance policy is changed during the race meeting the association shall promptly notify the Racing Commission and post a notice of any such changes in the jockeys’ room.

23.5. Emergency Warning System. Each Racetrack shall have an operational emergency warning system on all racing tracks. The emergency warning system shall be approved by the Racing Commission.

23.5.a. The emergency warning system shall be tested bi-weekly before training or racing.

23.5.b. During training, when the emergency warning system is activated, all persons on horseback shall slow to a walk and no one on horseback shall enter the racetrack.

23.5.c. The Racetrack announcer shall be trained to utilize the public address system to warn riders of potentially dangerous situations and provide direction; and warn patrons of potentially dangerous situations and provide direction.

PART 5. ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS.

W. Va. Code R. § 178-1-24 General Provisions Applicable to All Permit Applicants and Permit Holders

24.1. Permit Required. The following provisions apply to permit requirements:

24.1.a. Racing participants and personnel; racing officials (excluding those employed by the Racing Commission); and, persons employed by the association or employed by a person or concern contracting with or approved by the association or Commission to provide a service or commodity on association grounds, shall have a valid occupational permit issued by the Racing Commission, unless otherwise specifically exempted from this requirement.

24.1.b. Applicants for occupational permits shall file a completed application on a form prescribed by the Racing Commission with the license clerk stationed at the racetrack. Applications shall be reviewed by the stewards who may issue or deny the permit; hold the application for further investigation; or, refer it to the Racing Commission for a determination.

24.1.c. The Racing Commission may designate categories of permit applications that require a determination of issuance or denial by the Commission and not the stewards. The Racing Commission may require, however, that the stewards provide a recommendation as to the issuance or denial of any such permit application.

24.1.d. Applicants for occupational permits may be required to provide fingerprints for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If the applicant has been fingerprinted by the Racing Commission or another racing jurisdiction within the previous 36 months, then the Commission may accept the previous fingerprints or require new fingerprints. If fingerprints are required to be provided by an applicant, the applicant shall provide a signed authorization for the release of information by the examining agencies. The costs of fingerprinting and fingerprint analysis shall be paid by the applicant.

24.1.e. The Commission may issue permits to persons holding valid permanent (not temporary) permits/licenses issued by racing jurisdictions in North America. The applicant must be in good standing in each jurisdiction where he or she holds or has held a racing permit/license; have cleared a Federal Bureau of Investigation or Royal Canadian Mounted Police fingerprint check within the previous 36 months, or such other period as may required by the Racing Commission; file an application; and, pay the required applicable fees prior to participating in racing.

24.1.f. The fees that shall be paid to the Racing Commission for occupational permits issued effective for calendar year 2012 and thereafter are set forth in table 178-1A at the end of this rule.

24.1.g. The Commission may assess an applicant or permit holder a credit card transaction fee in connection with the payment by credit card of any fees/costs under this subsection.

24.1.h. An occupational permit is neither transferable nor assignable to any other person.

24.1.i. The Racing Commission shall not grant an occupational permit to anyone under 16 years of age except as permitted pursuant to West Virginia Code § 21-6-1, et seq. An applicant may be required to submit a certified copy of his or her birth certificate in connection with his or her application for a permit.

24.1.j. The filing of an application for a permit shall authorize the Racing Commission to investigate criminal and employment records, to engage in interviews to determine the applicant's character and qualifications and to verify information provided by the applicant.

24.1.k. The filing of an application for a permit shall authorize the Racing Commission to examine and determine the immigration status of the applicant through the United States Department of Homeland Security, United States Citizenship and Immigration Services, or their successors.

24.2. Consent to Search and Seizure. The following provisions apply to permit holders’ consent to search and seizure as a condition of holding a permit:

24.2.a. Members of the Racing Commission, the stewards, the Racing Commission veterinarian(s), the Racing Commission security officer, Racing Commission investigators, or persons authorized by them, have the right to inspect and search any person on association grounds who has been granted an occupational permit by the Racing Commission, as well as any stables, rooms, trailers, vehicles, or other places or things within the association grounds.

24.2.b. Members of the Racing Commission, the stewards, the Racing Commission veterinarian(s), the Racing Commission security officer, and Racing Commission investigators have the right to seize any prohibited medication, drugs, paraphernalia or devices.

24.2.c. By accepting an occupational permit, all permit holders are deemed to consent to the search and seizure provided for by this subsection.

24.3. Substance Abuse/Addiction.

24.3.a. All permit holders shall be deemed to be exercising the privileges of their permit, and shall be subject to the requirements of this subsection when engaged in activities that could affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas or other areas of the association grounds.

24.3.b. It shall be a violation to exercise the privileges granted by a permit issued by the Racing Commission if the permit holder:

24.3.b.1. Is engaged in the illegal sale or distribution of alcohol or a controlled substance;

24.3.b.2. Possesses, without a valid prescription, a controlled substance;

24.3.b.3. Is addicted, having been determined to be so by a professional evaluation, to alcohol or other drugs and is not engaged in an abstinence-based program of recovery acceptable to the Racing Commission;

24.3.b.4. Has in his or her possession on association grounds any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance;

24.3.b.5. Refuses to submit to urine or drug testing, when notified that such testing is based on a random drug testing procedure; is based on reasonable suspicion that the person is using drugs or alcohol; or, is based on the permit holder’s acting as if in an impaired condition; or

24.3.b.6. Presently has drugs (controlled substances) or alcohol in his or her body. With regard to alcohol, the results of a breathalyzer test showing a reading of more than .05 percent of alcohol in the blood shall be the criterion for a finding of alcohol present in the body. With regard to other controlled substances, the presence of the drug in any quantity measured by the testing instrument establishes the presence of the drug for purposes of this paragraph.

24.3.c. At their discretion, the Racing Commission, the Executive Director, and/or the stewards may conduct random drug testing, as well as testing based on reasonable suspicion, in order to ensure safety on the racetrack.

24.3.d. Random and reasonable suspicion drug testing of permit holders shall be accomplished by the taking of urine and/or saliva specimens. However, the Racing Commission, the Executive Director and/or the stewards retain the right to direct a permit holder to submit to a drug test by methods, including, but not limited to, blood, hair follicle, or skin.

24.3.e. When conducted, random drug testing shall apply, equally, to all permit holders who are, at the time of the random testing, exercising the privileges of their permit in such ways as may affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas or other areas of the association grounds.

24.3.f. No notice need be given as to the onset or cessation of random testing.

24.3.g. Random drug testing shall be conducted at the direction of the Racing Commission, the Executive Director and/or the stewards on an unannounced basis before or after the beginning of a racing card. The names of all permit holders who are performing duties at the track on the date the random drug testing is conducted shall be placed in a secure container which shall be in the custody of a Racing Commission security officer or investigator. The Racing Commission security officer or investigator shall draw a designated number of names from the secure container. Representatives of any racing trade organizations representing permit holders on the racetrack may attend and witness the random selection of names.

24.3.h. For race meetings with a duration of less than five (5) months, random drug testing shall occur at least once during the course of the meeting. For race meetings with a duration of six months or more, random drug testing shall occur at least twice during the meeting.

24.3.i. If possible, each urine sample received from a permit holder shall be divided into two (2) separate parts. One part shall be designated as the “official permit holder test sample” and shall be tested by a Commission approved laboratory. The remaining part of the specimen shall be known as the “permit holder split sample” and shall be available for testing at a Commission approved independent laboratory upon the request of the permit holder who provided the specimen sample. All specimens taken by Commission representatives are under the jurisdiction of and shall remain the property of the Commission at all times.

24.3.j. In the event that a permit holder is physically unable to provide a urine sample or enough of a urine sample to divide for a split sample, the Racing Commission, the Executive Director and/or the stewards may allow the permit holder to submit to another method of drug testing, including, but not limited to, blood, hair follicle, or skin, if any of such alternative methods are feasible.

24.3.k. If the urine sample obtained from the permit holder is insufficient for division for a split sample, but sufficient for an official permit holder test sample to be tested by a Commission approved laboratory, then the results of tests performed on such official sample shall be considered prima facie evidence of the condition of the permit holder.

24.3.l. Each sample or specimen collected from a permit holder shall be tested, at a minimum, for marijuana metabolites, cocaine metabolites, amphetamines, opiate metabolites, and phencyclidine (PCP). In certain reasonable suspicion scenarios or when it is otherwise determined that additional testing is necessary, permit holders may be required to produce additional samples that may be analyzed using additional screening panels.

24.3.m. All costs of initial testing under this subsection shall be at the expense of the racing association. However, should the results of a test come back positive, the costs of the test may be assessed against the permit holder, upon approval by the stewards. All costs for the testing of a specimen or split sample portion made available for the permit holder shall be the financial responsibility of the requesting person.

24.3.n. If a permit holder refuses to submit to urine or drug testing under this subsection or if a permit holder tests positive, his or her permit may be summarily suspended at the discretion of the stewards and/or may be subject to other disciplinary action in accordance with this rule. Physical inability to produce a urine sample shall not be considered to be a refusal to submit to drug testing.

24.3.o. Upon completion of testing, the Commission approved laboratory shall make a confidential written report to the Executive Director and the stewards of any positive finding.

24.3.p. Upon receipt of a written report containing a positive finding, the Executive Director or the stewards shall notify the permit holder. At that time, the permit holder shall also be notified of her or her right to request a split sample test within 72 hours of such notification.

24.3.q. If a permit holder elects to have split sample testing, he or she shall comply with the following:

24.3.q.1. The request shall be submitted in writing within 72 hours of notification on a form prescribed by the Racing Commission.

24.3.q.2. The permit holder shall be responsible for all charges and costs incurred in shipping, transporting and testing the split sample.

24.3.r. A permit holder who fails to adhere to the requirements of subdivision 24.3.q. shall be deemed to have waived his or her right to have a split sample tested.

24.3.s. The Racing Commission, the Executive Director, and/or the stewards shall provide for a secure chain of custody for the original sample and the split sample, if any, to be made available upon request to the permit holder.

24.3.t. If the findings of the Commission approved independent laboratory fail to confirm the findings of the Commission approved laboratory, no action shall be taken against the permit holder.

24.3.u. Unless or until the Commission and/or the stewards proceed to take action against a permit holder’s permit for a positive test, the test results for the original sample and the split sample shall remain confidential and shall not be released.

24.3.v. If a permit holder tests positive for a medication for which he or she has a valid prescription or it is otherwise learned by the Commission, the Executive Director or the stewards that a permit holder is taking a prescribed medication, the Commission, the Executive Director or the stewards may, in their discretion, require that the permit holder provide a statement from his or her prescribing physician as to whether the permit holder can safely perform the duties under his or her permit while taking the prescribed medication.

24.3.w. A permit holder who is a first time violator under this subsection shall be required to undergo a professional assessment before the stewards and/or the Racing Commission determine whether or not the permit holder’s condition is such that he or she may hold a permit and participate in racing. In the discretion of the stewards and/or the Racing Commission, a first time violator may be required to produce a negative test result; may be required to submit to further testing; and/or may be required to successfully complete a certified drug/alcohol rehabilitation program as a condition of holding a permit and participating in racing.

24.3.x. A permit holder who is a second time violator under this subsection shall be subject to suspension. The permit holder may not apply for reinstatement of his or her permit until such time as he or she has successfully completed a certified drug/alcohol rehabilitation program and has otherwise satisfied the Racing Commission and/or the stewards that he or she is fit to hold a permit.

24.3.y. A permit holder who is a third time violator under this subsection may be subject to revocation and may be deemed ineligible to apply for reinstatement of his or her permit for a period of time determined by the stewards and/or the Racing Commission. The Racing Commission and/or the stewards may determine what, if any, conditions a third time violator is required to meet in order to be considered for reinstatement of his or her permit.

24.4. Employer Responsibility. The following provisions apply to the responsibility of employers who are occupational permit holders:

24.4.a. The responsibility of obtaining an occupational permit for an employee rests with the employer. Employment of an individual without reporting the employment to the stewards and immediately obtaining an occupational permit for the employee may subject the employer’s occupational permit to fine, suspension or other discipline.

24.4.b. No occupational permit holder may have in his or her employment, in any capacity, any employee less than 16 years of age except as permitted pursuant to West Virginia Code § 21-6-1, et seq.

24.5. Workers’ Compensation. The following provisions apply to workers’ compensation coverage for occupational permit holders who are employers:

24.5.a. All occupational permit holders who are employers shall carry workers’ compensation insurance covering their employees, unless exempted by state law.

24.5.b. Occupational permit holders shall produce proof of coverage in the state of West Virginia or, if applicable, a letter of exemption from the West Virginia Insurance Commissioner or a notarized affidavit attesting that they have no employees, at the time of application for an occupational permit and may be required to produce proof of coverage or a letter of exemption or affidavit upon the request of the association or the stewards.

24.6. Financial Responsibility. The following provisions apply to the financial responsibility of occupational permit holders:

24.6.a. Applicants for occupational permits may be required to submit satisfactory evidence of financial responsibility.

24.6.b. After an occupational permit has been issued, the applicant shall maintain a record of financial responsibility during the period for which an occupational permit is issued.

24.7. Duration of Permit. The following provisions apply to the duration of occupational permits:

24.7.a. Each occupational permit is for one (1) year unless otherwise approved by the stewards or the Racing Commission. Each permit shall be renewed according to the following schedule: Permits issued to persons whose date of birth is January 1 through and including April 30 shall be renewed no later than April 30 of each year; permits issued to persons whose date of birth is May 1 through and including August 31 shall be renewed no later than August 31 of each year; and permits issued to persons whose date of birth is September 1 through and including December 31 shall be renewed no later than December 31 of each year.

24.7.b. An occupational permit holder who has been suspended and subsequently reinstated after the expiration of his or her occupational permit may not pursue his or her vocation until the stewards or the Racing Commission grants a new occupational permit.

24.8. Conflict of Interest. The stewards or the Racing Commission may deny, suspend or revoke an occupational permit if a conflict of interest exists or could exist as a result of the issuance or holding of the permit.

24.9. Permit Restrictions, Limitations and Conditions. The stewards or the Racing Commission may restrict, limit or impose any condition or conditions on an occupational permit that they consider necessary in their discretion to protect the best interests and integrity of racing.

24.10. Permit Denial. When the denial of an occupational permit has been ordered by the Racing Commission, the Racing Commission shall report the reasons for the denial to the applicant and shall further report the denial to the Association of Racing Commissioners International, Inc., so that other racing jurisdictions may be informed of the denial.

24.11. Grounds for Denial, Suspension or Revocation of Permit. The Racing Commission and/or the stewards may, in their discretion, refuse to issue or renew an occupational permit to an applicant, or may in their discretion suspend, revoke, or impose other disciplinary measures upon an occupational permit issued pursuant to this rule, if the applicant or permit holder:

24.11.a. has been convicted of a crime in any jurisdiction. In considering the conviction, the Racing Commission and/or the stewards shall examine:

24.11.a.1. the nexus, or relationship, between the crime committed and the qualifications, functions or duties necessary to engage in an occupation in the racing industry;

24.11.a.2. the nature and seriousness of the conduct;

24.11.a.3. the individual’s conduct since the events leading to the conviction;

24.11.a.4. the individual’s age and maturity at the time of the offense;

24.11.a.5. the amount of time that has elapsed since the conviction;

24.11.a.6. whether the conviction represented an isolated event;

24.11.a.7. whether the individual demonstrates any consciousness of wrongdoing or remorse regarding the wrongfulness of his or her conduct; and

24.11.a.8. any other factor the Racing Commission deems relevant to its inquiry.

24.11.b. has engaged in bookmaking and/or touting;

24.11.c. has demonstrated financial irresponsibility by having a judgment issued against him or her for failure to pay a debt owed as a result of obtaining feed, shelter, drugs, transportation, services for horses, veterinary services, or supplies for himself or herself or others;

24.11.d. has engaged in any fraud or misrepresentation in connection with racing, breeding, and/or pari-mutuel wagering;

24.11.e. has violated, attempted to violate, or knowingly aided and abetted the violation of any law, rule, ruling, or order with respect to racing in West Virginia or any other jurisdiction;

24.11.f. has disturbed the peace on association grounds;

24.11.g. has used profane, indecent, or vulgar language to any racing official;

24.11.h. has written, issued, made or presented a check in payment for a permit fee, fine, nomination, entry or other racing fee, assessment, service or supply when the individual knew or should have known that the check would be refused for payment by the bank upon which it was written, or that the account upon which the check was written did not contain sufficient funds for payment of the check, or that the check was written on a closed account or nonexistent account;

24.11.i. has allowed another to use his or her occupational permit or other racing credential for the purpose of transferring any of the benefits pertaining to the permit or credential;

24.11.j. has had an occupational permit refused, denied, suspended, revoked, or otherwise disciplined by any other racing jurisdiction;

24.11.k. has failed to disclose or has falsely stated any information required in the application for a permit;

24.11.l. is unqualified to perform the duties required by the holding of the permit;

2.11.m. is ineligible for employment pursuant to federal or state law because of age or citizenship or is otherwise ineligible pursuant to the provisions of this rule;

24.11.n. accepts or offers, directly or indirectly, any bribe, gift or gratuity in any form, which may influence the result of a race, or fails to report knowledge of this kind of activity immediately to the stewards or the Racing Commission;

24.11.o. has violated any provision of this rule and/or the provisions of W. Va. Code §19-23-1 et seq.;

24.11.p. has knowingly, or without conducting proper due diligence, sold a horse for slaughter, directly. “Due diligence: as used in this subdivision, shall mean the care and prudence that a reasonable racing permit holder should exercise to avoid selling a horse to a person or persons who may cause a horse to be conveyed to slaughter;

24.11.q. has abandoned, mistreated, abused, neglected or engaged in an act of cruelty to a horse, or any other livestock, or domestic animals kept on association grounds, or has been convicted of animal cruelty in a court of competent jurisdiction;

24.11.r. has caused, attempted to cause, or participated in any way in an attempt to cause the pre-arrangement of a race result, or has failed to report knowledge of this kind of activity immediately to the stewards or the Racing Commission;

24.11.s. possesses on association grounds without the permission of the stewards any appliance or device, other than a riding crop allowed by this rule, which could be used to alter the speed of a horse in a race or workout;

24.11.t. has violated any of the provisions contained in subsection 24.3. of this rule pertaining to substance abuse/addiction;

24.11.u. has failed to return any purse money, trophies, or awards paid in error or ordered redistributed by the stewards and/or the Racing Commission;

24.11.v. has made a material misrepresentation in the process of registering, entering, or racing a horse as West Virginia owned, West Virginia bred, or West Virginia sired;

24.11.w. has failed to pay a required fee, fine or cost;

24.11.x. possesses on association grounds a needle, syringe, or other injectable except as allowed by subdivision 48.2.c. of this rule;

24.11.y. other than a practicing veterinarian, possesses on association grounds a medication, stimulant, sedative, depressant, local anesthetic or any other foreign substance prohibited by this rule;

24.11.z. manufactures, attempts to manufacture, or possesses a false permit or other racing identification document/badge;

24.11.aa. tampers with or alters surveillance and/or security equipment and/or safety alarm/notification systems on association grounds;

24.11.bb. has hired a person as an employee who does not have an occupational permit in violation of subsection 24.4.a. and/or has hired a person as an employee who is under the age allowed under subsection 24.4.b. of this rule;

24.11.cc. has knowingly failed to disclose the complete ownership or beneficial interest in a horse entered to be raced;

24.11.dd. has misrepresented or attempted to misrepresent facts in connection with the sale of a horse or other matter pertaining to the racing or the registration of a thoroughbred;

24.11.ee. is a fugitive from justice;

24.11.ff. has knowingly filed a false complaint against another permit holder and/or a racing official where the Racing Commission and/or the stewards determine that the complaint was made without reasonable or probable cause and for the purpose of harassment or abuse of the complaint process; or

24.11.gg. has engaged in conduct unbecoming or detrimental to the best interests of racing.

24.12. Badges. All occupational permit holders shall be issued a badge or credential by the association; shall visibly display their badge or credential at all times in restricted areas; and, are responsible for the safekeeping of their badge or credential. The association shall not issue duplicate badges or credentials except upon payment of a fee of $5.00.

24.13. Safety Equipment. The following provisions apply to the safety equipment required for occupational permit holders:

24.13.a. Any person mounted on a horse or stable pony on association grounds must have an appropriate permit granted by the board of stewards and wear a properly secured safety helmet at all times. All members of the starting gate crew must adhere to this rule at all times while performing their duties or handling a horse. For the purposes of this rule, the starting gate crew means any person licensed as an assistant starter or any person who handles a horse at the starting gate. The permit holder is responsible for providing sufficient evidence that his/her helmet meets or exceeds one of the following safety standards: American Society for Testing and Materials (ASTM 1163); UK Standards (EN-1384 and PAS-015); Australian/New Zealand Standard (AS/NZ 3838 or ARB HS 2012), or Snell Equestrian Standard 2001.

24.13.b. Any person mounted on a horse or stable pony on the association racing surface, all assistant starters and anyone handling a horse in a starting gate must wear a safety vest at all times. The safety vest must comply with or exceed one of the following minimum standards or later version: British Equestrian Trade Association (BETA): 2000 Level 1; Euro Norm (EN) 13158: 2000 Level 1; American Society for Testing and Materials (ASTM) F2681-08 or F1937; Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3; or, Australian Racing Board (ARB) Standard 1.1998.

24.13.c. A safety helmet or safety vest shall not be altered in any manner nor shall the product marking be removed or defaced.

24.14. Knowledge of Rules. The following provisions apply to the responsibility of permit holders to be knowledgeable of the Racing Commission’s rules and to report violations of such rules:

24.14.a. A permit holder shall be knowledgeable of the rules of the Racing Commission; and by acceptance of a permit, agrees to abide by such rules.

24.14.b. A permit holder shall report to the Racing Commission or the stewards any knowledge, or reasonable cause to believe that, he or she has that a violation of the Commission’s rules has occurred or may occur. A permit holder failing to do so, or who does not report all material details regarding the violation or potential violation, shall be subject to discipline by the stewards and/or the Racing Commission up to and including revocation of his or her permit.

24.15. Duty to Cooperate. By acceptance of a permit, a permit holder has a duty to cooperate with the Racing Commission, its Executive Director, its stewards, its security officers, its investigators and other employees, agents and representatives in any inquiry, investigation, review or proceeding. Cooperation shall include, but is not limited to, being truthful, candid and forthcoming when interviewed or questioned, and providing any requested records, items or things in a prompt and timely manner. To prevent even the appearance that a permit holder is withholding pertinent information, he or she should avoid narrowly construing interview questions or requests for records, items or things. A permit holder’s response to any inquiry should include any information that may be potentially relevant. Failure to cooperate shall be a violation of this rule and shall subject a permit holder to discipline by the stewards and/or the Racing Commission up to and including revocation of his or her permit.

W. Va. Code R. § 178-1-25 Owners

25.1. Permit Requirements for Owners. The following provisions apply to the permit requirements for owners:

25.1.a. Each person who has 5% or more ownership or beneficial interest in a horse is required to hold an occupational permit issued by the Racing Commission.

25.1.b. All owners of horses and their employees are subject to the permit requirements of this rule immediately upon acceptance or occupancy of stabling accommodations from an association or upon making an entry to run on an association’s racetrack. Every owner who races and/or stables his or her horses on the association’s racetrack shall notify the association and the stewards of the names of his or her employees.

25.1.c. An applicant for an owner's permit shall own or lease a horse which is eligible to race and under the care of a trainer holding a permit issued by the Racing Commission. An owner shall notify the stewards of a change in trainer of his or her horse and shall obtain a notarized transfer certificate. Provided that a notarized transfer certificate shall not be required if the horse has not run within a 60 day period or a period of 60 days has passed since the horse last started at the subject racetrack.

25.2. Permit Requirements for Multiple Owners. The following provisions apply to the permit requirements for multiple owners:

25.2.a. If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other association or entity, each shareholder, member or partner shall hold a permit as required by subdivision 25.1.a. of this rule.

25.2.b. Each partnership, corporation, limited liability company, syndicate or other association or entity shall disclose to the Racing Commission all owners holding a 5% or greater beneficial interest, unless otherwise required by the Racing Commission.

25.2.c. Each partnership, corporation, limited liability company, syndicate or other association or entity which includes an owner with less than a five percent ownership or beneficial interest shall file with the Commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of ownership or beneficial interest, is not presently ineligible for a permit or suspended/revoked in any racing jurisdiction. If such affidavit is not provided or if it is determined that a person having an ownership or beneficial interest in a horse is ineligible for a permit or suspended/revoked in any racing jurisdiction, then the stewards or the Commission may refuse to issue occupational permits to the owners or suspend or revoke the owners’ permits.

25.2.d. To obtain an owner’s permit, an owner with less than a 5% ownership or beneficial interest in a horse shall establish a bona fide need for the permit and the issuance of such permit shall be approved by the stewards.

25.2.e. An application for joint ownership of a horse shall include a designation of a managing owner, a business address, the percentage of each owner’s beneficial interest and any other information required by the Racing Commission. Receipt of any correspondence, notice or order at the business address provided shall constitute official notice to all persons involved in the ownership of the horse.

25.2.f. A written, notarized appointment of a managing owner or authorized agent shall be filed with the Racing Commission.

25.3. Stable Name Registration. Owners and lessees holding an occupational permit may adopt a stable name subject to the approval of the Racing Commission. The following provisions apply to stable name registration:

25.3.a. The applicant shall identify all persons using the stable name. Changes shall be reported immediately to the Racing Commission.

25.3.b. A person who has registered a stable name may cancel it upon written notice to the Racing Commission.

25.3.c. A stable name may be changed by registering a new stable name.

25.3.d. A stable name which has been registered by any other person will not be approved by the Racing Commission.

25.3.e. A stable name shall be clearly distinguishable from other registered stable names.

25.3.f. The stable name and the name of the owner shall be published in the program.

25.3.g. 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."

25.3.h. All persons using a stable name shall comply with all rules regarding issuance of permits to owners.

25.4. Racing Colors. The following provisions apply to racing colors:

25.4.a. Owners or trainers shall provide racing colors which may be subject to the approval of the Racing Commission except at racetracks where colors are furnished by the association. Racing colors shall be registered with the association’s racing secretary. The stewards may authorize a temporary substitution of racing colors when necessary.

25.4.b. The racing colors to be worn by each jockey in a race shall be described in the program, and any change shall be announced to the public prior to the commencement of the race.

25.5. Transfer of Ownership. The following provisions apply to transfer of ownership:

25.5.a. If a horse is transferred by private sale or at public auction, the written acknowledgment of both parties is necessary to prove the fact that the horse was transferred with its engagements. The transfer of a horse under any circumstances to a non-eligible person shall not give that person the privilege of racing the horse.

25.5.b. No horse entered in a race may be sold or transferred until after the race in which the horse is entered has been run unless otherwise permitted by the stewards.

25.5.c. When a horse is sold with its engagements transferred, valid subscriptions, entries or rights of entry continue to exist with the surviving partners of a duly registered partnership in the event of the death of a partner, provided that the subscriptions, entries, or rights of entry were made prior to the partner’s death.

25.5.d. No person shall make or receive the transfer of a horse or engagement for the purpose of evading disqualification.

25.5.e. As long as an owner is in arrears with the horsemen’s bookkeeper, no engagements can be transferred or accepted by him or her. No horse can be entered by an owner or under an owner’s subscription until the owner is no longer in arrears.

25.5.f. When a seller fails to withdraw a horse from a race, when the engagement for that race is not sold or transferred with the horse, the purchaser may not start the horse or receive the stakes if the horse wins.

25.5.g. If a horse is sold or transferred with its engagements or any part of them, the seller cannot withdraw the horse from any engagements.

25.5.h. If a horse is sold to a disqualified person, the horse’s racing engagements are void as of the date of sale.

25.5.i. If the ownership of a horse is changed through claiming or transfers, the association’s racing secretary shall transfer the original registration certificate to the new owner or update the records of the new owner.

25.5.j. Any transfer of ownership or change of a trainer in a stake, handicap, futurity, or other special event must occur at least 30 days before the event unless the transferor and transferee can satisfy the board of stewards that the transfer of ownership or change of a trainer was, in fact, an arms length transaction and not for the purpose of evading the coupling rules or any other rule of racing.

25.6. Death of Owner. Subscriptions and all entries or rights of entry under them become void on the death of a subscriber, except in the case of a surviving partnership or except upon the approval of the stewards when the personal representative of an estate requests in writing that the benefits accrue to the estate of the decedent subscriber for the privilege of transfer, and agrees to assume any and all obligations incident to the original entries.

W. Va. Code R. § 178-1-26 Trainers

26.1. Permit Requirement for Trainers. The following provisions apply to the permit requirements for trainers:

26.1.a. A trainer shall obtain an occupational permit from the Racing Commission and shall list on his or her occupational permit application the names of all owners or part owners of the horses he or she trains.

26.1.b. An applicant for a trainer’s occupational permit who has not previously held a trainer’s permit shall provide the following or undergo the following in connection with his or her application so that the Racing Commission and/or the stewards may determine whether or not the applicant is qualified to hold a trainer’s permit:

26.1.b.1. evidence that the applicant held a permit in another racing occupation in the state of West Virginia for three (3) consecutive years; or

26.1.b.2. evidence that the applicant held a permit in another racing occupation in another state for four (4) consecutive years; and

26.1.b.3. statements from two (2) reputable persons in the racing industry attesting to the person’s character and qualifications; and

26.1.b.4. a written and/or oral and/or practical skills examination administered by the stewards and/or their designee.

26.1.c. Beginning on January 1, 2022, in order to maintain a current permit, trainers and assistant trainers must complete a minimum of four (4) hours of continuing education per calendar year and shall certify compliance as a condition of permit issuance.

26.1.c.1. Qualifying continuing education courses, which may include live and on-line presentations, shall be approved in advance by the Racing Commission.

26.1.c.2. A minimum of two (2) of the four (4) hours of continuing education required per calendar year shall pertain to equine health, safety and welfare topics.

26.1.c.3. A trainer or assistant trainer completing an approved continuing education course or program in another racing jurisdiction that requires the completion of continuing education as a condition of licensure may claim reciprocal continuing education credit in West Virginia.

26.1.c.4. Satisfaction of this continuing education requirement may be subject to audit by the Racing Commission or its designee. Such audits may be conducted randomly or for cause. If an audit reveals that continuing education requirements have not been met during any calendar year, a trainer or assistant trainer may be subject to discipline.

26.1.c.5. A trainer or assistant trainer shall retain, for a minimum period of four (4) years, appropriate documentation, indicating:

26.1.c.5.A. that the trainer or assistant trainer attended or otherwise participated in a course or program, specifying the name, title, date and location of the course or program, and the number of continuing education hours earned;

26.1.c.5.B. that a course or program was accredited by the relevant state regulatory authority or its designee; and,

26.1.c.5.C. proof of compliance (certificate of completion when available) for each credit hour earned.

26.1.c.6. Trainers and assistant trainers shall attest on their permit applications that annual continuing education credits have been met. A permit shall not be issued if such an attestation is not provided.

26.1.c.7. The Racing Commission or the stewards may waive continuing education requirements for just cause.

26.2. Trainer Responsibility as to the Condition of the Horse. As further set forth in subdivision 51.1.a. of this rule, the trainer is responsible as an absolute insurer of the condition of the horses he or she enters in an official workout or a race regardless of any act of a third party.

26.3. Other Trainer Responsibilities. In addition to the responsibilities set forth in section 51 of this rule, the following provisions apply to trainers holding an occupational permit in this state:

26.3.a. No trainer shall harbor, engage, retain, or employ any person not holding an occupational permit. Each trainer is responsible for ensuring that persons under his or her supervision or employment hold an occupational permit.

26.3.b. Each trainer shall register with the association’s racing secretary and the association’s security department every person under his or her supervision or employment.

26.3.c. Each trainer is responsible for the condition and contents of stalls, tack rooms, feed rooms, sleeping rooms, and other areas which have been assigned by the association.

26.3.d. Each trainer is responsible for the disclosure of the true and entire ownership of each horse in his or her care, custody or control and immediately reporting any change in ownership to the stewards for approval and to the association’s racing secretary for recording.

26.3.e. Each trainer is responsible for representing an owner in making entries, declarations, scratches, and in all other matters pertaining to racing.

26.3.f. Each trainer is responsible for ensuring that horses are entered as to eligibility and weight or other allowances claimed.

26.3.g. Each trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.

26.3.h. Each trainer is responsible for personally attending to his or her horses in the paddock and supervising the saddling thereof. Provided that, a trainer may designate, or request that the stewards designate, another person holding a trainer or assistant trainer permit to perform such duties. Provided further that, such designee shall not have an interest in another horse in the race. A trainer who wishes to designate another trainer or assistant trainer or who wishes to have the stewards make such designation shall give oral or written notification to the stewards no later than one hour before post time.

26.3.i. Each trainer is responsible for ensuring that the correct horse is sent to the paddock for saddling.

26.3.j. Each trainer is responsible for being present following the running of the race to attend his or her horse or for delegating such responsibility to a designee provided for in subdivision 26.3.h. of this rule; to an employee holding an occupational permit; or, to the owner.

26.3.k. Each trainer is responsible for registering with the association’s racing secretary the name, age, sex, breeding and ownership of all horses under his or her custody, care or control.

26.3.l. No trainer shall utilize stalls on association grounds unless such stalls have been assigned to him or her by the association’s racing secretary.

26.3.m. Each trainer is responsible for instructing the jockey to give his or her best effort during a race and that each horse shall be ridden to win.

26.3.n. No trainer shall have in his or her custody, care, or control any horse owned, in whole or in part, by a disqualified person.

26.3.o. Each trainer is responsible for notifying horse owners upon the revocation or suspension of his or her trainer’s permit. Upon application by the owner, the stewards may approve the transfer of the owner’s horses to the care of another trainer holding an occupational permit, and upon an approved transfer, the horses may be entered to race. Upon transfer of the horse(s), the inactive trainer shall not be involved in any arrangements related to the care, custody or control of the horse(s) and shall not benefit financially or in any way from the training of the horse(s).

26.3.p. No trainer shall accept or offer, directly or indirectly, any bribe, gift, or gratuity in any form, which may influence the result of a race.

26.3.q. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association’s grounds without permission from the association’s racing secretary or his or her designee. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control out of the association’s grounds without first signing out the horse on a form prescribed by the association and made available at the stable gate: Provided, That, for all horses stabled on the association grounds, permission is required from the association’s racing secretary or his or her designee at the time of removal if the horse is entered to race or may be entered to race at another racetrack for a period of seven (7) days following the day of its removal from the association’s grounds. No trainer shall move or permit to be moved any horse or horses under his or her custody, care, or control into the association’s grounds without presenting a current negative Coggins test for equine infectious anemia (EIA).

26.3.r. No trainer shall withdraw any money from the horsemen’s bookkeeper, either in his or her own name or that of an owner, nor may he or she contract obligations against the account of any owner or part owner, unless the trainer is the authorized agent of the owner or part owner; has been granted such authority as the authorized agent; and has an occupational permit allowing him or her to act as an authorized agent.

26.3.s. No trainer shall employ a jockey for the purpose of preventing him or her from riding in any race.

26.3.t. Each trainer shall notify the clocker prior to exercising a horse in a workout of the correct spelling of the horse’s name and the distance to be worked.

26.4. Restrictions on Wagering. Each trainer shall refrain from wagering on his or her horse or horses to win or finish first in combination with other horses in a race in which the trainer is participating.

W. Va. Code R. § 178-1-27 Owners’ Authorized Agents

27.1. Permits required. The following provisions apply to the permit requirements for owners’ authorized agents:

27.1.a. Each authorized agent shall obtain an occupational permit from the Racing Commission.

27.1.b. An application for a permit shall be filed for each owner represented.

27.1.c. A written instrument signed by the owner shall accompany the authorized agent’s application for a permit and shall clearly set forth the delegated powers of the authorized agent. The owners’ signature shall be acknowledged before a notary public.

27.1.d. If the written instrument is a power of attorney it shall be filed with the Racing Commission and attached to the application.

27.1.e. An owner wishing to make changes to the written instrument shall do so in writing in a signed, notarized statement.

27.1.f. The authorized agent's appointment may be terminated by the owner, in writing, acknowledged before a notary public and filed with the Commission whereupon the authorized agent’s permit shall not be valid.

27.2. Powers and Duties. The following provisions apply to the powers and duties of owners’ authorized agents:

27.2.a. An authorized agent holding an occupational permit may perform on behalf of an owner-principal holding an occupational permit all acts as relate to racing, as specified in the agency appointment, that could be performed by an owner-principal if such owner-principal were present.

27.2.b. In executing any document on behalf of an owner-principal, the authorized agent shall clearly identify the authorized agent and the owner-principal.

27.2.c. When an authorized agent enters a claim for the account of an owner-principal, the name of the owner-principal for whom the claim is being made and the name of the authorized agent shall appear on the claim slip or card.

27.2.d. Authorized agents are responsible for disclosure of the true and entire ownership of each horse for which they have authority. Any change in ownership shall be reported immediately to, and approved by, the stewards and recorded by the racing secretary.

W. Va. Code R. § 178-1-28 Jockeys

28.1. Eligibility. The following provisions apply to the eligibility of jockeys for permits and for racing:

28.1.a. A jockey shall obtain an occupational permit from the Racing Commission, and the Racing Commission shall not issue an occupational permit to any jockey under 18 years of age.

28.1.b. A jockey shall pass a physical examination given within the previous 12 months by a licensed physician, a licensed physician’s assistant, or a licensed nurse practitioner affirming fitness to participate as a jockey, as well as a baseline concussion test using the most current SCAT testing protocol. The stewards may require that any jockey be reexamined and may refuse to allow any jockey to ride pending completion of such examination.

28.1.c. An applicant for an occupational permit to act as a jockey shall show competence by evidence of the holding of other racing permits and/or the demonstration of riding ability, which may include the riding of 10 or more races under a temporary occupational permit issued by the stewards. The stewards and/or the Racing Commission may consult representatives of the jockeys and the horsemen, the starter, and any other racing personnel that they deem appropriate in determining the competence and ability of an individual applying for an occupational permit to act as a jockey.

28.1.d. A jockey who is serving a suspension of 10 race days or less may ride in designated races during the suspension if:

28.1.d.1. the race has been specified as a designated race by the association’s racing secretary before the inception of the race meeting at the association; or

28.1.d.2. the race has been approved as a designated race by the stewards officiating at the meeting; and

28.1.d.3. the jockey is named no later than the time set for the close of entries for the race; and

28.1.d.4. the jockey agrees to serve an additional race day of suspension in place of the race day on which the jockey rides in a designated race.

28.1.d.5. Reciprocity of this rule applies only to those states, which have adopted the designated race rule.

28.1.e. The suspension of a jockey for a riding interference or other riding offense begins on the second race day after the ruling, unless otherwise ordered by the stewards. A suspension for all other offenses begins immediately after the ruling.

28.1.f. A jockey temporarily suspended may exercise or gallop horses until the racetrack closes for the morning.

28.2. Apprentice Jockeys. The following provisions apply to apprentice jockeys:

28.2.a. Jockey apprentices shall obtain an occupational permit from the Racing Commission and shall comply with the provisions of this section relating to jockeys, except those that are in conflict with this subsection specifically relating to apprentices.

28.2.b. An application for an occupational permit to act as an apprentice jockey shall be accompanied by:

28.2.b.1. a certificate of proficiency from the starter; and

28.2.b.2. a birth certificate or satisfactory evidence of the date of birth.

28.2.c. Any person 18 years of age or older who has not been previously issued an occupational permit as a jockey in this or any other country, and who meets the eligibility requirements, may be granted an apprentice certificate. The certificate shall be subject to the approval and jurisdiction of the Racing Commission.

28.2.d. Apprentice certificates issued in the state of West Virginia shall be made on forms approved by the Racing Commission and completed originals of these documents shall be on file with the stewards.

28.2.e. A duly certified apprentice jockey may claim the following weight allowances in all overnight races, except stakes and handicaps:

28.2.e.1. 10 pounds allowance beginning with the first mount and continuing until he or she has ridden 5 winners;

28.2.e.2. 7 pounds allowance until the apprentice has ridden an additional 35 winners; and

28.2.e.3. If an apprentice has ridden a total of 40 winners prior to the end of a period of one (1) year from the date of riding his or her fifth winner, he or she shall have an allowance of 5 pounds until the end of that year.

28.2.f. In no event may a weight allowance be claimed for more than two (2) years from the date of the tenth winning mount, unless an extension has been granted pursuant to this rule.

28.2.g. An apprentice allowance shall be claimed at the time of entry and shall not be waived except by consent of the stewards.

28.2.h. An apprentice jockey who has ridden less than 10 winners may not accept mounts on two year olds, first time starters, or in turf races, without the prior approval of the Stewards.

28.2.i. The stewards shall not consider any race, unless reported in the Daily Racing Form or an equivalent publication, in determining a jockey's right to the apprentice allowance.

28.2.j. An apprentice jockey who loses his or her apprentice allowance for any reason shall obtain a jockey occupational permit before being permitted to ride again.

28.2.k. The stewards may extend the weight allowance of an apprentice jockey when, in the discretion of the stewards, an apprentice jockey cannot continue riding due to:

28.2.k.1. physical disablement or illness;

28.2.k.2. military service;

28.2.k.3. attendance in an institution of secondary or higher education;

28.2.k.4. restriction on racing;

28.2.k.5. pregnancy; or

28.2.k.6. other valid reasons.

28.2.l. To qualify for an extension, an apprentice jockey shall have been rendered unable to ride for a period of not less than seven (7) consecutive days during the period in which he or she was entitled to an apprentice allowance. Under exceptional circumstances, the stewards may consider total days lost collectively. An apprentice applying for an extension must produce documentation to the stewards verifying the time lost.

28.2.m. An apprentice may petition one (1) of the racing jurisdictions in which he or she has been issued an occupational permit for an extension of the time for claiming apprentice weight allowances. The apprentice is bound by the decision of the jurisdiction that is petitioned.

28.2.n. The stewards may take jurisdiction of an application for extension of an apprentice allowance in cases where the application is based upon a claim of physical injuries or restrictions on racing which occurred at racetracks licensed by the Racing Commission.

28.2.o. The apprentice jockey will be responsible for having his or her apprentice certificate with him or her at all times. Prior to riding, the apprentice certificate will be submitted to the clerk of scales at each racing association at which the apprentice is licensed and is riding.

28.2.p. The conditions set forth in section 28.1. of this rule shall apply.

28.3. Jockey Responsibility. The following provisions apply to a jockey’s responsibility:

28.3.a. A jockey shall give a best effort during a race, and each horse shall be ridden to win. A jockey shall not ease up on or coast to the finish, without reasonable cause, even if the horse has no apparent chance to win prize money.

28.3.b. A jockey shall faithfully fulfill all engagements in respect to racing.

28.3.c. Any jockey, having given a call personally or through his or her agent, who fails to fulfill an engagement in a race may not accept another mount or be assigned by the stewards to another mount in that race.

28.3.d. A jockey shall not ride or agree to ride in any race without the consent of the owner to whom he or she is under contract.

28.3.e. A jockey may not ride in any race against a horse of his or her contract employer unless his or her mount and his or her contract employer's horse are both in the hands of the same trainer.

28.3.f. A jockey may have no more than one (1) agent.

28.3.g. All engagements to ride, other than those for his or her contract employer, shall be made by him or her or his or her agent. The person making the engagements is responsible for the proper maintenance of the jockey’s engagement book.

28.3.h. A jockey shall not have an attendant other than those provided by the association. If a jockey cannot find an available attendant, the clerk of scales shall assign one. A jockey may care for his or her own equipment.

28.3.i. A fine shall be paid by the jockey himself or herself and any other permit holder paying the fine is subject to discipline by the stewards.

28.4. Jockey Betting. No jockey shall make a wager on any race, nor accept the promise or token of any wager with respect to the race in which he or she is riding, except through or from the owner or trainer of the horse he or she rides, and then only on that horse.

28.5. Jockey’s Spouse. The Stewards have the discretion to allow for jockeys to compete against one another as separate entries. A jockey shall not compete or ride in any race against a horse which is owned or trained by the jockey's spouse.

28.6. Jockey Mount Fees. The following provisions apply to jockey mount fees:

28.6.a. The organization representing the majority of the horsemen and the organization representing the majority of the jockeys at each racetrack may negotiate and reach agreements specifying the mount fees to be paid to the jockeys at each racetrack. Any agreement reached shall be filed with the Racing Commission 30 days prior to the start of the race meeting. In the absence of such an agreement, the jockey mount fees shall be as set forth in table 178-1B at the end of this rule.

28.6.b. The owner of the horse shall pay the jockey riding fees to the horsemen's bookkeeper.

28.6.c. If any owner or trainer engages two (2) or more jockeys for the same race, he or she shall pay the losing fee for each engaged jockey not riding in the race, as well as the appropriate fee to the jockey who does ride.

28.6.d. A jockey fee shall be considered earned when the clerk of scales weighs out the jockey. The fee shall not be considered earned if the jockey, of his or her own free will, takes himself or herself off of the horse he or she is engaged to ride and when injury to the horse or rider is not involved. The stewards are vested with the authority to interpret and apply this subdivision and to determine whether or not a jockey fee is or is not earned based upon the facts and circumstances presented in a particular instance.

28.6.e. In a dead heat, the jockeys involved shall divide equally the sum total of the fees they would have received individually had one beaten the other or others. Likewise, the owners of the horses involved shall pay their equal share of fees.

W. Va. Code R. § 178-1-29 Jockey Agents

29.1. Eligibility. The following provisions apply to the eligibility of jockey agents:

29.1.a. An applicant for a permit as a jockey agent shall:

29.1.a.1. provide written proof of agency with at least one (1) jockey holding a permit issued by the Racing Commission;

29.1.a.2. demonstrate to the stewards that he or she has a contract for agency with at least one (1) jockey who has been issued a permit by the Racing Commission; and

29.1.a.3. be qualified, as determined by the stewards, by reason of experience, background and knowledge. A jockey agent's permit from another jurisdiction may be accepted as evidence of experience and qualifications. Evidence of qualifications may require passing one or both of the following:

29.1.a.3.A. a written examination; or

29.1.a.3.B. an interview or oral examination.

29.1.a.4. Applicants not previously issued a permit as a jockey agent shall be required to pass a written and oral examination.

29.1.b. A jockey agent may not hold an occupational permit in any other capacity as long as he or she holds an agent’s occupational permit, unless the stewards approve the additional occupational permit. A jockey agent or his or her spouse shall not be the owner or trainer of any race horse nor shall he or she have any interest in the ownership of a horse.

29.2. Limit on Contracts. A jockey agent may serve as agent for no more than two (2) journeymen jockeys, or one (1) journeyman jockey and one (1) apprentice jockey.

29.3. Responsibilities. The following provisions apply to jockey agent responsibilities:

29.3.a. A jockey agent shall not make or assist in making engagements for a jockey other than those the agent is issued a permit to represent.

29.3.b. A jockey agent shall file written proof of all agencies and changes of agencies with the stewards.

29.3.c. A jockey agent shall notify the stewards, in writing, prior to withdrawing from representation of a jockey and shall submit to the stewards a list of any unfulfilled engagements made for the jockey.

29.3.d. All persons permitted to make riding engagements shall maintain current and accurate records of all engagements made, such records being subject to examination by the stewards at any time.

29.3.e. A jockey agent shall not name a jockey on a horse without the consent of the horse’s trainer.

29.4. Prohibited Areas. A jockey agent is prohibited from entering the jockey room, winner's circle, racing strip, paddock or saddling enclosure during the hours of racing, unless permitted by the stewards.

29.5. Agent Withdrawal. The following provisions apply to jockey agent withdrawal:

29.5.a. When any jockey agent withdraws from representation of a jockey, the jockey agent shall immediately notify the stewards and shall submit to the stewards a list of any unfulfilled engagements made for the jockey.

29.5.b. A jockey agent shall not be permitted to withdraw from the representation of any jockey unless written notice to the stewards has been provided.

W. Va. Code R. § 178-1-30 Blacksmiths

30.1. An applicant for an occupational permit to act as a blacksmith shall be qualified, as determined by the stewards, by reason of experience, background and knowledge of blacksmithing. A permit to act as a blacksmith from another jurisdiction, having been issued within a prior period as determined by the stewards, may be accepted as evidence of experience and qualifications.

30.2. An applicant for an occupational permit to act as a blacksmith who has not been previously issued a permit in this or any other state shall:

30.2.a. provide written statements from two (2) reputable persons attesting that the applicant is personally known to them; that the applicant is of good character and reputation; and that the applicant is capable of engaging in the vocation of blacksmith;

30.2.b. pass a test conducted by a panel appointed by the stewards in which the applicant:

30.2.b.1. undergoes a written or oral examination regarding horse shoes and horse shoeing;

30.2.b.2. demonstrates that he or she can shoe a horse with racing plates; and

30.2.b.3. demonstrates that he or she can fit a steel stock shoe to a pattern provided by the panel, for the application of a bar to be added.

30.2.c. The composition of the panel is within the stewards’ discretion.

30.2.d. The applicant shall have his or her own tools necessary to complete the examination.

30.2.e. If the applicant fails the test, he or she may retake it after a period of six (6) months.

30.2.f. The stewards may exempt an applicant from the test requirement if the applicant can produce a certificate or other verification that he or she has graduated from an accredited blacksmith school.

W. Va. Code R. § 178-1-31 Practicing Veterinarians

31.1. Eligibility. An applicant for a permit as a practicing veterinarian shall be qualified and licensed to practice veterinary medicine in the state of West Virginia and be otherwise qualified to be issued a permit to participate in racing. An application for a practicing veterinarian permit from the Racing Commission must be accompanied by a copy of the applicant's current license to practice veterinary medicine in the state of West Virginia.

31.2. Responsibility. The following provisions apply to the responsibilities of practicing veterinarians:

31.2.a. All practicing veterinarians administering drugs, medications, or other substances shall be responsible for ensuring that the drugs, medications or other substances and the veterinary treatment of horses are administered in accordance with this rule.

31.2.b. All practicing veterinarians shall promptly notify the Racing Commission veterinarian(s) of any reportable disease and any unusual incidence of a communicable illness in any horse in his/her charge.

31.3. Restrictions on Wagering. A practicing veterinarian shall not wager on the outcome of any race if the practicing veterinarian has treated a horse participating in that race within the past thirty (30) days.

W. Va. Code R. § 178-1-32 Tip Sheet Vendor

32.1. Any person granted an occupational permit as a tip sheet vendor shall comply with the following:

32.1.a. Only one (1) version of a tip sheet for use at any one (1) racetrack on any given race day may be published and sold by a tip sheet vendor holding an occupational permit.

32.1.b. To ensure fair conditions for the wagering public, a tip sheet vendor may not use the same facilities to produce a tip sheet that is used by another tip sheet vendor at the same racetrack.

PART 6. CLAIMING RACING.

W. Va. Code R. § 178-1-33 Claiming Racing -- General Provisions

33.1. A person may not claim ownership in a horse after the horse has run in a claiming race in the name of another person who, at the time of the race, had peaceable and undisputed possession of the horse.

33.2. Every horse claimed shall run in the interest and for the account of the owner who entered it in the race, but title to the claimed horse is vested in the successful claimant from the time the horse becomes a starter. The successful claimant shall become the owner of the horse. Provided that, a claim shall be voided if a horse suffers a fatality during the running of the race, dies, or is euthanized by a Racing Commission veterinarian on the race course or an adjacent area to which the horse may be safely and humanely removed as directed by a Racing Commission veterinarian. Provided further that, a claim is voidable at the discretion of the new owner for a period of one hour after the race is made official, for any horse that is vanned off the track at the direction of a Racing Commission veterinarian or that is observed by a Racing Commission veterinarian to be lame or unsound while on the racetrack for that race.

33.3. For claiming purposes, if a horse is owned by more than one (1) owner, the total ownership shall be considered as a single entity.

33.4. At the time of entry into a claiming race, the owner may opt to declare a horse ineligible to be claimed, provided that the horse has been laid off and has not started for a minimum of 180 days since its last race and is entered for a claiming price equal to or greater than the claiming price of the horse’s last start. A notice shall be included in the daily program if an owner opts to declare a horse ineligible to be claimed under this subsection.

33.5. The stewards shall decide any questions arising under these sections pertaining to claiming racing; shall pass upon all claims; and, may, in their discretion, declare any claim void.

W. Va. Code R. § 178-1-34 Claiming of Horses

34.1. Any horse starting in a claiming race is subject to be claimed for its entered price by any:

34.1.a. occupational permit holder in good standing;

34.1.b. holder of a valid claim certificate; or

34.1.c. an authorized agent holding an occupational permit acting on behalf of an eligible claimant.

W. Va. Code R. § 178-1-35 Claim Certificate

35.1. An applicant for a claim certificate shall submit to the stewards:

35.1.a. an application for an owner's occupational permit and the required fee; and

35.1.b. the name of a trainer holding an occupational permit, or person eligible to hold a trainer’s occupational permit, who will assume the care and responsibility for any horse claimed;

35.2. The stewards shall issue a claim certificate upon satisfactory evidence that the applicant is eligible for an owner's occupational permit.

W. Va. Code R. § 178-1-36 Prohibitions

36.1. A person shall not claim more than one (1) horse in a race, nor shall a person submit more than one (1) claim for the same horse.

36.2. An authorized agent, although representing more than one eligible claimant, shall not submit more than one (1) claim in any race.

36.3. A trainer, even though eligible to make a claim, shall not submit a claim in the same race in which the owner of horses trained by him or her has submitted a claim. If this occurs, the stewards shall declare the trainer’s claim void.

36.4. When a stable consists of horses owned by more than one (1) owner, but trained by the same trainer, not more than one (1) claim may be entered on behalf of the stable in any race. If more than one (1) claim is entered, the owners shall compete by lot for the claim.

36.5. When a stable consists of horses owned by more than one (1) owner, but trained by the same trainer, the owners are not eligible to claim from that trainer’s stable.

36.6. A person shall not offer or enter into an agreement to claim, or attempt to prevent another person from claiming, a horse in a claiming race.

36.7. Owners and trainers running horses in a claiming race shall not collude or make any agreement for the protection of their horses.

36.8. Any person making a false affidavit in connection with the filing of a claim pursuant to the procedures set forth in section 37 of this rule, may be summarily suspended by the stewards or may be subject to other disciplinary action by the stewards and/or the Racing Commission.

W. Va. Code R. § 178-1-37 Procedure for Claiming

37.1. The claiming price of each horse in a claiming race shall be printed on the official program and all claims for a horse shall be for the amount designated in the official program, plus all transfer fees and applicable taxes.

37.2. To make a valid claim for a horse, an eligible person shall:

37.2.a. deposit with the horsemen's bookkeeper an amount equal to the amount of the claim, plus all transfer fees and applicable taxes, unless at the time of making the claim the person has an unencumbered amount equal to the amount of the claim to his or her credit with the horsemen’s bookkeeper;

37.2.b. accurately complete a written claim on a form approved by the stewards and which shall include an affidavit in which the claimant certifies that he or she is claiming the horse for his or her own account or as an authorized agent, and not for any other person;

37.2.c. identify the horse to be claimed by the spelling of its name as spelled on the official program;

37.2.d. place the completed claim form inside a sealed envelope approved by the stewards which shall have no identification marked on it other than the number of the race in which the claim is being made;

37.2.e. have the time of day that the claim is entered stamped on the envelope; and

37.2.f. have the envelope deposited in the locked claim box no later than 10 minutes prior to post time of the race for which the claim is entered.

37.3. After a claim has been deposited in the claim box, it is irrevocable by the claimant.

37.4. Officials and employees of the association shall not provide any information as to the filing of claims until after the race has been run, except as is necessary for processing of the claim.

37.5. If more than one claim is filed on a horse, the successful claim shall be determined by lot conducted by the stewards or their designee.

37.6. Notwithstanding any designation of sex or age appearing in the racing program or in any racing publication, the claimant of a horse shall be solely responsible for the determination of the sex or age of any horse claimed.

37.7. All horses claimed in other states and racing in the state of West Virginia are subject to the conditions of the claiming rule in the state where the claim was made.

W. Va. Code R. § 178-1-38 Transfer of Claimed Horses

38.1. Upon a successful claim, the stewards shall issue an authorization of transfer of the horse from the original owner to the claimant. Copies of the transfer authorization shall be forwarded to and maintained by the stewards and the association’s racing secretary. Upon notification by the stewards, the horsemen's bookkeeper shall immediately debit the claimant's account for the claiming price, applicable taxes and transfer fees.

38.2. A person shall not refuse to deliver a properly claimed horse to the successful claimant. If a person refuses to deliver a properly claimed horse, the stewards may prevent the horse claimed from racing, and may prevent all other horses owned or trained by that person from racing, until delivery is made.

38.3. Transfer of possession of a claimed horse shall take place immediately after the race has been run by the delivery of the horse to the claimant in the paddock, unless otherwise directed by the stewards. However, if the horse is required to be taken to the test barn for post-race testing, the original trainer or his/her designee shall maintain physical custody of the claimed horse; shall observe the testing procedure; shall sign the official form as witness to the taking of the specimen; and, shall, upon the release of the horse by the Racing Commission veterinarian or his or her designee, transfer possession of the claimed horse to the claimant. The successful claimant or his or her designee may also accompany the horse to the test barn for post-race testing.

38.4. When a horse is claimed out of a claiming race, the horse's engagements are transferred, with the horse, to the claimant.

38.5. Any horse claimed shall not be sold or transferred, wholly or in part thereof, to anyone for 30 days except in another claiming race. The horse shall not remain in the same barn or under the control or management of its former owner or trainer for 30 days, unless reclaimed, nor shall it race outside of the state of West Virginia for a period of 60 days, except for stakes races and special events, or unless special permission is granted by the stewards. In the absence of live racing in the State for a period exceeding seven (7) days, the association may suspend the 60 day period until live racing resumes.

38.6. The previous trainer of a claimed horse shall, within 48 hours after a race is made official, provide to the new owner an accurate record of all corticosteroid joint injections that were administered to the horse within 30 days before the race.

PART 7. RULES OF THE RACE.

W. Va. Code R. § 178-1-39 Entries and Nominations

39.1. Entries. The following provisions apply to entries:

39.1.a. A horse shall not be qualified to start in any race unless the horse has been entered and is qualified at the time of starting for the race in which it has been entered.

39.1.b. No person shall willfully enter, or cause to be entered, or start a horse in a race, when he or she knows or believes the horse to be ineligible or disqualified.

39.1.c. A person who does not have an interest in a horse that is at least equal to the ownership interest of any other individual owner may not enter the horse in a race as the owner.

39.1.d. One (1) or more of the owners of a horse may make joint subscriptions and entries. However, each owner is jointly and separately liable for all fees.

39.1.e. A horse must be eligible at the time of starting.

39.1.f. No horse owned by multiple owners shall be permitted to enter or to start until the owners have complied with rules for the permitting of multiple owners as set forth in subsection 25.2. of this rule.

39.1.g. If the association’s racing secretary receives an entry from any disqualified person or a disqualified horse, the entry is void and any money paid for that entry shall be returned if the disqualification is disclosed 45 or more minutes before post time for the race. Otherwise, any money shall be paid to the winner.

39.1.h. The association’s racing secretary shall not accept an entry from spouses while either is disqualified from racing if the spouse is also a trainer.

39.2. Procedure. The following provisions apply to the procedure for entries:

39.2.a. For all races, the association’s racing secretary or his or her assistants are authorized to receive entries.

39.2.b. Entries shall be made in writing, by telephone, by facsimile or by electronic means approved by the Racing Commission. Each association shall provide blank forms on which written entries may be made. Upon the request of the association’s racing secretary or the stewards, any entry not made in writing shall be confirmed in writing.

39.2.c. When a horse is entered, it must be clearly identified by stating its age, sex, name, color, and the names of its sire and dam.

39.2.d. The stewards may refuse an entry of any person, or the transfer of any entry, with notice and the reason given.

39.2.e. The entry of a horse shall be in the name of his or her valid owner.

39.2.f. The association’s racing secretary shall immediately compile and conspicuously display the number of entries upon the closing of all overnight races.

39.2.g. Alterations shall not be made in any entry after closing of entries, except correction of errors approved by the stewards.

39.3. Entries of Horses Having Common Ties. The following provisions apply to entries of horses having common ties through ownership or training:

39.3.a. No more than two (2) horses having common ties through ownership or training may be entered in an overnight race. When horses having common ties through ownership or training are entered in an overnight race, preference by date on the day of entry shall be given. Provided, however, when making an entry involving two (2) horses having common ties through ownership, a preference for one (1) of the horses must be made and both of such horses having common ties may not start to the exclusion of a single entry.

39.3.b. In a stakes race, futurity or other special event, any two (2) or more horses entered that are owned in whole or in part by the same owner or trained by the same trainer shall be given an equal draw according to the eligibility conditions of the race.

39.3.c. In any race ordered split by the association’s racing secretary into two (2) or more divisions, horses in an entry involving horses having common ties through ownership or training shall be seeded in separate divisions and separated.

39.4. Closings. The following provisions apply to the closing of entries:

39.4.a. The association’s racing secretary shall close all entries at an advertised time with no entry accepted thereafter. The association’s racing secretary, however, may postpone closing or filling of overnight races. Provided that, if the association’s racing secretary postpones the closing or filling of one or more overnight races past the advertised time, he or she shall postpone the closing or filling of all other overnight races until the same time.

39.4.b. For futurity races, if a horse is not named through the entry box at the published time of closing, the horse shall be denied entry.

39.4.c. No races shall be drawn or cancelled until such time as all races comprising the racing card have been filled.

39.5. Number of Starters in a Race. The following provisions apply to the number of starters in a race:

39.5.a. The maximum number of starters in any race shall be limited to the number of starting positions afforded by the association starting gate and its extensions. The number of starters may be further limited by the number of horses which, in the opinion of the stewards, can be afforded a safe, fair and equal start.

39.5.b. If, due to racetrack limitations, the number of entries to any purse race is in excess of the number of horses that may be permitted to start, the horses for the race and their post or starting gate positions, shall be determined by the preference system or the conditions of the race. The same methods shall be employed in determining the horses and post or starting positions in split races.

39.6. Split or Divided Races. The association’s racing secretary may split or divide any overnight race.

39.7. Post Positions. The manner of selecting positions of horses at the starting gate shall be determined by lot by the association’s racing secretary or his or her designee, in public, at the close of the entries. The horses drawn are entitled to the position at the starting gate corresponding to the number drawn.

39.8. Also-Eligible List. The following provisions apply to the also-eligible list:

39.8.a. If the number of entries for a race exceeds the number of horses permitted to start, the association’s racing secretary may create and post an also-eligible list.

39.8.b. If any horse is scratched from a race for which an also-eligible list was created, a replacement horse shall be drawn from the also-eligible list into the race in order of preference.

39.8.c. Any owner or trainer of a horse on the also-eligible list who does not wish to start the horse in such race shall so notify the association’s racing secretary prior to scratch time for the race, thereby forfeiting any preference to which the horse may have been entitled.

39.8.d. A horse which draws into a straightaway race from the also-eligible list shall start from the post position vacated by the scratched horse. In the event more than one horse is scratched, post positions of horses drawing in from the also-eligible list shall be determined by public lot.

39.8.e. Horses which draw into a non-straightaway race from the also-eligible list shall start from the outermost post positions.

39.8.f. If a horse is on the also-eligible list and is selected on a subsequent race day, the horse is an automatic scratch or elimination from the eligible list the first day.

39.9. Preferred List. The association’s racing secretary shall maintain a list of entered horses eliminated from starting by a surplus of entries, and these horses shall constitute a preferred list and have preference. The manner in which the preferred list shall be maintained and all rules governing such list shall be the responsibility of the association’s racing secretary. Such rules must be submitted to the Racing Commission thirty (30) days prior to the commencement of the race meeting and are subject to the approval of the Commission.

W. Va. Code R. § 178-1-40 Naming of Riders

40.1. Owners and/or trainers shall name their jockeys no later than scratch time of that race.

40.2. Any change of a jockey after scratch time of a race must be sanctioned by the stewards and shall be promptly and publicly displayed and announced.

W. Va. Code R. § 178-1-41 Declarations and Scratches

41.1. Declarations. The following provisions apply to declarations:

41.1.a. A declaration is the act of withdrawing an entered horse from a race prior to the closing of entries.

41.1.b. The declaration of a horse from a race is irrevocable.

41.1.c. If the miscarriage of any declaration by mail or otherwise is alleged, satisfactory proof of the miscarriage is required of the complainant. Otherwise, the declaration shall not be accepted.

41.2. Scratches. The following provisions apply to scratches:

41.2.a. A scratch is the act of withdrawing an entered horse from a contest after the closing of entries.

41.2.b. A scratch of a horse from a race is irrevocable.

41.2.c. No horse shall be considered to be scratched from a race until the trainer or his or her designee notifies the association’s racing secretary within the prescribed time period established by the association.

41.2.d. Scratches from stakes races shall close four (4) hours before post time for that race, unless otherwise approved by the stewards.

41.2.e. No horse in an overnight race shall be scratched without the approval of the stewards.

41.2.f. A recommendation from a Racing Commission veterinarian to scratch a horse shall be given to the stewards and shall be used only as an aid in determining whether a scratch shall be approved.

41.2.g. A horse which has been scratched, or excused from starting by the stewards, because of a sickness will be permitted to run following the expiration of five (5) days after such horse was scratched or excused and the horse has been removed from the veterinarians’ list by a Racing Commission veterinarian.

W. Va. Code R. § 178-1-42 Weights

42.1. Allowances. The following provisions apply to weight allowances:

42.1.a. A weight allowance must be claimed at time of entry and shall not be waived after the posting of entries, except by consent of the stewards.

42.1.b. A horse shall start with only the allowance of weight to which it is entitled at time of starting, regardless of its allowance at time of entry.

42.1.c. Horses not entitled to the first weight allowance in a race shall not be entitled to any subsequent allowance specified in the conditions.

42.1.d. A claim of weight allowance to which a horse is not entitled shall not disqualify it unless a protest is made in writing and lodged with the stewards at least one (1) hour before post time for that race.

42.1.e. A horse shall not be given a weight allowance for failure to finish second or lower in any race.

42.1.f. No horse shall receive an allowance of weight nor be relieved extra weight for having been beaten in one (1) or more races, but this rule shall not prohibit maiden allowances or allowances to horses that have not won a race within a specified period or a race of a specified value.

42.1.g. Except in handicap races which expressly provide otherwise, two (2) year old fillies shall be allowed three (3) pounds, and fillies and mares, three (3) years old and upward, shall be allowed five (5) pounds before September 1 and three (3) pounds thereafter in races where competing against male horses.

42.2. Penalties. The following provisions apply to weight penalties:

42.2.a. Weight penalties are obligatory.

42.2.b. Horses incurring weight penalties for a race shall not be entitled to any weight allowance for that race.

42.2.c. No horse shall incur a weight penalty or be barred from any race for having been placed second or lower in any race.

42.2.d. Penalties incurred and allowances due in steeplechase or hurdle races shall not apply to races on the flat, and vice versa.

42.2.e. The reports, records and statistics as published by the Daily Racing Form, Equibase or other recognized publications shall be considered official in determining eligibility, allowances, and penalties, but may be corrected.

42.2.f. For determining weight penalties and allowances for horses that have previously won or placed in Graded or Group races, penalties in the race conditions will only apply to Graded or Group races in Part 1 countries as recognized in the International Catalogue Standards (ICS) book.

42.2.g. When a race is in dispute, both the horse that finished first and any other horse involved in the dispute are subject to all penalties attached to the winner of that race until the matter is decided.

42.3. Scale of Weights. The following provisions apply to the scale of weights:

42.3.a. With the exception of apprentice allowances, handicap races, three (3) year old horses entered to run in races against horses four (4) years old and upwards, and the allowance provided in subdivision 42.3.b., no jockey shall be assigned a weight of less than one hundred eighteen (118) pounds. For three (3) year old horses entered to run in races against horses four (4) years old and upwards from January 1 through August 31, no jockey shall be assigned a weight of less than one hundred sixteen (116) pounds.

42.3.b. Except in handicaps, fillies two (2) years old shall be allowed three (3) pounds, and fillies and mares three (3) years old and upward shall be allowed five (5) pounds before September 1, and three (3) pounds thereafter in races where competing against horses of the opposite sex.

42.3.c. A notice shall be included in the daily program that lists the weight to be carried by each horse as established by the association’s racing secretary and that notifies the public that jockeys may carry approximately three (3) pounds more than the published weight to account for safety equipment (vest and helmet) that is not included in required weighing out procedures. Additionally, the public shall be notified in the daily program that upon the stewards’ approval, jockeys may weigh in with an additional three (3) pounds for inclement weather gear.

W. Va. Code R. § 178-1-43 Workouts

43.1. Requirements. Any horse which has not raced for a period of 60 days shall have one (1) published workout, or a workout certified by the clocker, to be announced over the public address system prior to the horse starting.

43.2. Identification. The following provisions apply to the identification requirements for workouts:

43.2.a. An occupational permit holder exercising a horse in a workout shall identify the horse at the request of the clocker.

43.2.b. An occupational permit holder exercising a horse in a workout shall, upon request of the clocker, identify the distance the horse is to be worked and the point on the track where the workout will start.

43.2.c. An occupational permit holder wishing to exercise a horse on the racing strip between races shall obtain permission from the stewards and the track superintendent. When a horse is being warmed up or exercised between races, a public announcement shall be made giving the name of the horse and explaining its presence on the racing strip.

W. Va. Code R. § 178-1-44 Horses Ineligible. A horse is ineligible to start in a race when:

44.1. its breed registration certificate is not on file with the association’s racing secretary one-half (½) hour before post time for the first race; the stewards may waive this requirement if the information contained on the registration certificate is otherwise available and the horse is otherwise correctly identified to the stewards’ satisfaction; provided that the stewards shall not waive this requirement if the horse is scheduled to start in a claiming race.

44.2. its name has been changed and it has not been issued a new registration certificate by the appropriate breed registry;

44.3. it is not fully identified and is tattooed on the inside of the upper lip, is microchipped with a unique microchip (ISO 11784), freeze brand, or identified by any other method approved by the appropriate breed registry and the Racing Commission;

44.4. the owner of the horse is in financial arrears; except with the approval of the association’s racing secretary or the stewards;

44.5. it is owned in whole or in part by an undisclosed person or interest;

44.6. it is not in sound racing condition;

44.7. it has been trachea tubed to artificially assist breathing;

44.8. it has been nerved; except as provided for in this rule;

44.9. it has impaired eyesight in both eyes, as determined by a Racing Commission veterinarian;

44.10. it is under two (2) years of age;

44.11. it is 13 years of age or older;

44.12. it is owned by an owner and/or supervised by a trainer who do not hold occupational permits issued by the Racing Commission;

44.13. it is owned, in whole or in part, or is under the care and control of a person who is excluded by the stewards or the association or suspended by the stewards; provided that, when the person has been reinstated to the racetrack by the association or the stewards, or the person’s suspension has been rescinded or has expired, or the horse has been transferred through a bona fide sale to an owner acceptable to and approved by the stewards or the Racing Commission, the horse may be eligible to start in a race;

44.14. at the time of starting of the race it is on the stewards’ list, the paddock judge’s list, the starter’s list, the veterinarians’ list or the bleeder list, except when there exists an unforseen administrative issue in removing the horse from the veterinarians’ list of another racing jurisdiction. However, the horse is eligible to be entered while on the veterinarians’ list subject to subsection 52.3 of this rule as long as no other horse is excluded from the race;

44.15. if the horse is a mare who is or who may be in foal, unless full information as to services or breeding has been filed with the association’s racing secretary and the owner’s practicing veterinarian has given approval; provided that if a mare who is or who may be in foal is permitted to start in a race under this subsection, the breeding information and the practicing veterinarian’s approval shall be conspicuously posted in the association’s racing secretary's office and if the mare is claimed, the original owner shall supply the stallion service certificate to the new owner that has claimed the horse;

44.16. there is no current negative test certificate for Equine Infectious Anemia (EIA) attached to its breed registration certificate or proof of a negative test certificate is not otherwise available;

44.17. it has shoes (racing plates) which have toe grabs with a height greater than four millimeters (0.15748 inches), bends, jars, caulks, stickers or any other traction device on the front hooves while racing or training on dirt racing surfaces. Provided that, for any race in this state that has been issued a grade by the American Graded Stakes Committee, the stewards may allow the toe grab rule established by the American Graded Stakes Committee to be followed in that race. The association shall notify the Racing Commission and the stewards upon the issuance of a grade for a race by the American Graded Stakes Committee so that the stewards may allow the appropriate toe grab rule to be administered and enforced. A copy of the toe grab rule in graded stakes races shall be published in the office of the association’s racing secretary;

44.18. it has not raced in 12 months since its previous start until the horse has been subjected to the protocols within subdivision 52.3.d. of this rule; and

44.19. it is a first time starter four (4) years of age or older until the horse has been subjected to the protocols within subdivision 52.3.d. of this rule.

W. Va. Code R. § 178-1-45 Running of the Race

45.1. Equipment. The following provisions apply to the equipment used in connection with the running of a race:

45.1.a. All riding crops are subject to approval and enforcement by the stewards and inspection by the clerk of scales and outrider, and shall meet the following requirements:

45.1.a.1. Riding crops shall have a shaft and a flap and will be allowed in racing and training, only as follows:

45.1.a.1.A. Maximum weight of eight ounces;

45.1.a.1.B. Maximum length, including flap, of 30 inches;

45.1.a.1.C. Minimum diameter of the shaft of three-eighths (3/8) inch; and

45.1.a.1.D. Shaft contact area must be smooth, with no protrusions or raised surface, and covered by shock absorbing material.

45.1.a.2. The flap is the only allowable attachment to the shaft and must meet these specifications:

45.1.a.2.A. Length beyond the end of the shaft a maximum of one (1) inch;

45.1.a.2.B. Width a minimum of eight-tenths (0.8) of an inch and a maximum of one and six-tenths (1.6) inches;

45.1.a.2.C. No reinforcement or additions beyond the end of the shaft;

45.1.a.2.D. No binding within seven (7) inches of the end of the shaft; and

45.1.a.2.E. Shock absorbing characteristics similar to those of the contact area of the shaft.

45.1.b. No bridle shall exceed two (2) pounds.

45.1.c. The use of plastic bridles and/or reins is prohibited unless they are steel reinforced.

45.1.d. The starter shall give permission to add blinkers to a horse's equipment or to discontinue the use of blinkers.

45.1.e. Riding crops and/or blinkers may be used on two (2) year olds as well as other first time starters if schooled or reviewed by the starter with the riding crops and/or blinkers, and approved by the starter and the stewards before time of entry.

45.1.f. A horse’s tongue may be tied down with clean bandages, gauze or tongue strap. Under no circumstances shall the material to be used as a tongue-tie be furnished by anyone other than the trainer of the horse on which it is to be used. No employee of the association may tie the tongue, replace, or repair a tongue-tie.

45.1.g. The stewards or their designee may give permission during the current meeting for any change of equipment from that which a horse carried in its previous race.

45.1.h. A horse starting in a race shall not be shod with ordinary or training shoes, nor shall the horse run without shoes unless by permission of the stewards and after announcement to the public.

45.1.i. Horseshoes on which the trailing portion of the shoe is turned down are prohibited at licensed racetracks in West Virginia.

45.2. Racing Numbers. The following provisions apply to racing numbers:

45.2.a. Each horse shall carry a conspicuous saddle cloth number corresponding to the official number given that horse on the official program.

45.2.b. A jockey shall wear a number on his or her right arm and this number and the saddle cloth number shall correspond to the number of the horse in the official program.

45.2.c. In the case of an entry that includes more than one horse, each horse in the entry shall carry the same number, with a different distinguishing letter following the number. As an example, two horses in the same entry shall appear in the official program as 1 and 1A.

45.2.d. Each horse in the mutuel field shall carry a separate number or may carry the same number with a distinguishing letter following the number.

45.3. Jockey Requirements. The following provisions apply to requirements imposed upon jockeys in connection with the running of a race:

45.3.a. In riding a race, a jockey shall be neat in appearance and the judgment of the stewards controls in this regard. A jockey shall dress in jockey attire including, cap, jacket, white or light breeches, and top boots. A jockey’s first name and/or middle name and/or surname, or initials representing the first letters of the jockey’s first name and/or middle name and/or surname, may be printed on the side of a jockey’s breeches in black lettering not to exceed 32 square inches. The names(s) or initials on a jockey’s breeches must be those of the jockey wearing the breeches.

45.3.b. A jockey must wear a safety vest when riding in an official race. The safety vest must comply with or exceed one of the following minimum standards: British Equestrian Trade Association (BETA): 2000 Level 1; Euro Norm (EN) 13158: 2000 Level 1; American Society for Testing and Materials (ASTM) F2681-08 or F1937; Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3; or, Australian Racing Board (ARB) Standard 1.1998.

45.3.c. A jockey must wear a safety helmet when riding in an official race. A jockey is responsible for providing sufficient evidence that his/her helmet meets or exceeds one of the following safety standards: American Society for Testing and Materials (ASTM 1163); UK Standards (EN-1384 and PAS-015 or VGI); Australian/New Zealand Standard (AS/NZ 3838 or ARB HS 2012); or Snell Equestrian Standard 2001.

45.3.d. A jockey shall wear the colors of the owner or owners of the horse he or she is riding, unless otherwise approved by the stewards and a jockey shall have a number on the saddlecloth of his mount corresponding to the number of the horse as exhibited in the official program.

45.4. Jockey Advertising. The following provisions apply to jockey advertising:

45.4.a. A jockey shall not wear advertising or promotional material of any kind (whether for a nonprofit or for-profit entity) on clothing within one (1) hour of or during a race, unless:

45.4.a.1. The material advertises or promotes the Jockeys’ Guild in the form of the picture of a jockey's boot or the picture of a wheelchair, with no additional picture or logo;

45.4.a.2. The material is the Permanently Disabled Jockeys Fund logo, with no additional picture or logo; or

45.4.a.3. The picture or logo has previously been approved by the current owner, the association, and the stewards under the process set forth in this subsection, and this approval is reflected in the Racing Commission’s official records; and 45.4.a.4 The material complies with the size restrictions of subparagraphs 45.4.b.2.A., 45.4.b.2.B. and 45.4.b.2.C. of this subsection; or the following criteria are met:

45.4.a.4.A. The material meets the advertising standards listed in subdivision 45.4.b. of this subsection; and

45.4.a.4.B. The jockey obtains the written approval established in subdivision 45.4.d. of this subsection.

45.4.b. Advertising or promotional material displayed on jockey clothing shall:

45.4.b.1. Not compete with, conflict with, or infringe upon sponsorship agreements applicable to the racing association race or to the race meet in progress; and

45.4.b.2. Comply with the following size restrictions;

45.4.b.2.A. A maximum of 32 square inches on each thigh of the pants on the outer side between the hip and knee and 10 square inches on the rear of the pant at the waistline at the base of the spine;

45.4.b.2.B. A maximum of 24 square inches on boots and leggings on the outside of each nearest the top of the boot; and

45.4.b.2.C. A maximum of six (6) square inches on the front center of the neck area (on a turtleneck or other undergarment).

45.4.c. A sponsorship shall not be permitted by a person or entity whose message, business reputation, or ongoing business activity may be considered as obscene or indecent to a reasonable person.

45.4.d. For advertising or promotional material addressed in subparagraphs 45.4.a.4.A. and 45.4.a.4.B. of this subsection, approval in writing of all three (3) of the following shall be required:

45.4.d.1. The managing owner of the horse, or the owner's authorized agent;

45.4.d.2. The licensed racing association, which shall grant approval if it reasonably determines the material meets the standards in paragraph 45.4.b.1. of this subsection; and

45.4.d.3. The stewards, who shall grant approval if they reasonably determine the material meets the standards in paragraph 45.4.b.2. and subdivision 45.4.c. of this subsection.

45.4.e. Written approval for advertising and promotional material shall be evidenced by completion and return of the "Request to Wear Advertising and Promotional Materials" set forth in table 178-1C at the end of this rule. The form shall be completed and submitted to the stewards not later than a time designated by the stewards.

45.4.f. As a condition for approval of advertising or promotional material, either the owners, the stewards, or the licensed racing association may require a personal viewing of the proposed material as it is to be displayed, to determine that the requirements of this subsection are met.

45.4.g. This rule shall not prohibit the sponsor of a licensed racing association race or race meeting from displaying advertising or promotional material on an association saddlecloth if it does not interfere with the clear visibility of the number of the horse.

45.4.h. Advertising content other than that approved in this rule shall not be permitted.

45.5. Weighing Out. The following provisions apply to weighing out:

45.5.a. The clerk of scales shall weigh out each jockey for his or her respective horses in each race not less than 20 minutes before the time fixed for the race, unless otherwise authorized by the stewards. In case of substitution of a rider after the original rider has been weighed out, the substitute rider shall be weighed out as promptly as possible and the name of the substitute and his or her weight publicly announced and displayed.

45.5.b. Every jockey who is to ride shall report and weigh out at the appointed time, unless excused by the stewards. Every jockey who has an engagement to ride in a stakes race shall report into the jockey room no later than one (1) hour before post time of that race, unless permission is granted to do otherwise by the stewards. Jockeys shall not leave the jockey room, except to view the races from a point approved by the stewards or to ride in a race, unless permission is granted by the stewards.

45.5.c. No jockey may carry overweight in excess of two (2) pounds without the consent of the owner or trainer and no jockey shall be allowed to ride more than five (5) pounds overweight.

45.5.d. Any overweight shall be declared by a jockey to the clerk of scales at the time appointed in advance of a race. The clerk of scales shall report to the stewards any failure on the part of any jockey to comply with this subdivision.

45.5.e. The clerk shall have all jockey overweights displayed and/or announced publicly and any change in the amount of an overweight after the jockey’s declaration pursuant to subdivision 45.5.d., shall be displayed and/or announced publicly.

45.5.f. If any underweight is discovered after wagering has commenced and before the actual start of the race, the horse shall be returned to the paddock and the weight shall be corrected and announced publicly.

45.5.g. The association shall provide the only attendants who may assist jockeys in weighing out. The attendants must hold an occupational permit issued by the Racing Commission.

45.5.h. A jockey's weight shall include his or her clothing, boots, saddle and its attachments and any other equipment except the bridle, bit, blinkers, goggles, number cloth, and safety equipment including helmet, vest, over-girth, reins and breast collar.

45.5.i. A jockey shall ride a race with the same clothing, boots, saddle and its attachments, and any other equipment not excepted from the jockey’s weight under subdivision 45.5.h., that the jockey had on or had in his or her possession when the jockey weighed out for that race.

45.5.j. Upon the stewards’ approval, jockeys may be allowed up to three (3) pounds more than published weights for inclement weather clothing and equipment.

45.6. Paddock to Post. The following provisions apply to paddock to post activities:

45.6.a. Every horse shall be saddled by his or her trainer in the paddock unless permission has been granted by the stewards to saddle elsewhere.

45.6.b. The post parade shall not exceed 12 minutes, except in cases of unavoidable delay. Horses shall be allowed to break formation and canter, warm up, or go as they please to the post, unless otherwise directed by the stewards. Horses shall start without unnecessary delay once they have reached the post.

45.6.c. After the horses enter the racing strip, no jockey shall dismount and no horse shall be made available to the care of an attendant without the consent of the stewards or the starter. The horse shall be free of all hands other than those of the jockey, assistant starter or Racing Commission veterinarian before the starter releases the barrier.

45.6.d. If a jockey is injured on the way to the starting gate so as to require another jockey for his or her replacement, the horse shall be taken to the paddock and re-mounted with a replacement jockey who shall ride over the uncompleted portion of the route of the parade to the starting gate.

45.6.e. If a jockey is thrown from the horse on the way from the paddock to the starting gate, he or she shall remount the horse, return to the point where he or she was thrown and then proceed over the route of the parade to the starting gate. A horse shall carry his or her assigned weight from paddock to starting gate and from starting gate to finish.

45.6.f. In case of an accident occurring to a jockey, to his or her horse, or equipment, the stewards or the starter may permit the jockey to dismount. The stewards may permit the horse to be cared for during the delay and may permit all jockeys to dismount, and all other horses to be cared for during the delay.

45.6.g. If a horse leaves the racing strip while moving from paddock to starting gate, the horse shall be returned to the racing strip at the nearest practical point to that at which the horse left the racing strip. The horse shall complete his parade to the starting gate from the point at which the horse left the racing strip.

45.6.h. No person shall willfully delay the arrival of a horse at the starting gate.

45.6.i. No person, other than the rider, starter, or assistant starter shall be permitted to assist a horse in obtaining a start.

45.6.j. The starter shall load thoroughbreds into their positions in the starting gate in alternating sequence, with the thoroughbred assigned to the post closest to the inside rail and the thoroughbred assigned to the post position nearest to the middle of the field being loaded first, and so on, until the field is properly loaded. When there are less than seven (7) thoroughbreds running a race, they may be loaded in the starting gate in the order of their positions beginning from the inside rail. Vicious and unruly horses may be loaded out of sequence in the discretion of the starter.

45.7. Post to Finish.

45.7.a. The following provisions apply to the start of a race:

45.7.a.1. The starter is responsible for assuring that each participant receives a fair start.

45.7.a.2. If the stewards suspect a false start has occurred, they shall post the inquiry sign and may disqualify the horse(s), declare it a non-starter, or take no action.

45.7.a.3. If, for any reason, the doors in front of any stall in a mechanical or electrically operated gate fail to open, thereby preventing a horse from starting when the starter dispatches the field, the entire amount wagered on the affected horse shall be refunded: Provided, that the horse is not part of an entry or part of a mutuel field.

45.7.b. The following provisions apply to interference, jostling or striking:

45.7.b.1. A jockey shall not ride carelessly or willfully so as to permit his or her mount to interfere with, impede or intimidate any other horse in the race.

45.7.b.2. No jockey shall carelessly or willfully jostle, strike, or touch another jockey or another jockey's horse or equipment.

45.7.b.3. No jockey shall unnecessarily cause his or her horse to shorten its stride or engage in other actions so as to give the appearance of having suffered a foul.

45.7.c. The following provisions apply to maintaining a straight course:

45.7.c.1. When the way is clear in a race, a horse may be ridden to any part of the course, but if any horse swerves, or is ridden to either side, so as to interfere with, impede or intimidate any other horse, it is a foul.

45.7.c.2. The offending horse may be disqualified, if in the opinion of the stewards, the foul altered the finish of the race, regardless of whether the foul was accidental, willful or the result of careless riding.

45.7.c.3. If the stewards determine the foul was intentional, or due to careless riding, the jockey may be held responsible and his or her occupational permit may be disciplined.

45.7.d. The following provisions apply to disqualification:

45.7.d.1. When the stewards determine that a horse shall be disqualified for interference, they may place the offending horse behind such horses as in their judgment it interfered with, or they may place it last.

45.7.d.2. If a horse is disqualified for a foul, any horse or horses in the same race owned or trained by the same interests, may also be disqualified.

45.7.d.3. Possession of any electrical or mechanical stimulating or shocking device by a jockey, horse owner, trainer or other person authorized to handle or attend to a horse shall be prima facie evidence of a violation of this rule and is sufficient grounds for the stewards to scratch or disqualify the horse.

45.7.d.4. Should the stewards determine that there is more than one (1) incident of interference in a race where disqualification is warranted, the stewards shall deal with the incidents in the order in which the incidents occurred during the race from start to finish; except in the case where the same horses are involved in multiple incidents. Once a horse has been disqualified, it should remain placed behind the horse with which it interfered. The stewards shall make a conscious effort to place and maintain as placed, every and all horses placed behind others for interference.

45.7.e. All horses shall be ridden out past the finish line in every race. A jockey shall not ease up or coast to the finish, without reasonable cause, even if the horse has no apparent chance to win prize money. A jockey shall give a best effort during a race, and each horse shall be ridden to win.

45.7.f. The following provisions apply to the use of a riding crop:

45.7.f.1. Although the use of a riding crop is not required, any jockey who uses a riding crop during a race shall do so only in a manner consistent with the provisions of this rule.

45.7.f.2. No electrical or mechanical device or other expedient designed to increase or retard the speed of a horse, other than the riding crop approved by the stewards, shall be possessed by anyone, or applied by anyone to the horse at any time on the grounds of the association during the meeting, whether in a race or otherwise. Licensees shall take action to ensure that devices are not being used.

45.7.f.3. Riding crops may be used on two (2) year olds, as well as other first time starters, if schooled or reviewed by the starter with the riding crop and approved by the starter and the stewards before the time of entry.

45.7.f.4. All riders who elect to use a riding crop during a race, may, without limitation:

45.7.f.4.A. Show or wave the riding crop without touching the horse;

45.7.f.4.B. Use the crop in an underhand position without the wrist rising above the shoulder:

45.7.f.4.B.1. prior to the final one-eighth (1/8) mile of the race on the hind quarters or shoulder; or

45.7.f.4.B.2. with both hands on the reins to tap the horse on the shoulder;

45.7.f.4.C. Use the crop as necessary to control the horse for the safety of the horse and rider.

45.7.f.5. A rider who elects to use a riding crop, except as permitted above, may not:

45.7.f.5.A. Use the crop more than six (6) times during the race;

45.7.f.5.B. Use the crop more than two (2) times without allowing the horse to respond by:

45.7.f.5.B.1. Pausing the use of the crop before resuming again; or

45.7.f.5.B.2. Pushing on the horse with a rein in each hand with the crop in the up or down position; or

45.7.f.5.B.3. Showing the horse the crop without making contact; or

45.7.f.5.B.4. Moving the crop from one hand to the other;

45.7.f.5.C. Use the crop before or after the finish of the race;

45.7.f.5.D. Use the crop on the head, flanks or other part of the horse than the shoulder or hind quarters;

45.7.f.5.E. Use the crop on a horse that is clearly out of contention or has obtained its maximum placing; or

45.7.f.5.F. Use the crop on a horse that is showing no response.

45.7.f.6. A rider who elects to use a riding crop may not under any circumstance:

45.7.f.6.A. use the crop in an excessive or brutal manner;

45.7.f.6.B. use the crop to the extent of causing injury to the horse;

45.7.f.6.C. use the crop from an arm position with the wrist above the helmet; or

45.7.f.6.D. willfully strike another rider or horse with the crop.

45.7.f.7. After the race, horses may be subject to inspection by a Racing Commission veterinarian looking for cuts, welts or bruises in the skin. Any adverse findings shall be reported to the stewards.

45.7.f.8. The giving of instructions by any permit holder that if obeyed would lead to a violation of this subdivision may result in disciplinary action also being taken against the permit holder who gave such instructions.

45.7.f.9. Riding Crop Violations. A jockey who violates the provisions of this riding crop rule may be subject to discipline by the stewards and/or the Commission. The stewards and/or the Commission shall consider aggravating and mitigating factors when determining the appropriate penalty for a violation of the provisions of this riding crop rule.

45.7.f.10. All jockeys shall be provided with a copy of this riding crop rule in English or Spanish, and shall be required to sign an acknowledgement that they have read and understand the rule.

45.7.g. If a horse leaves the racing strip after the start, the stewards shall disqualify the horse.

45.7.h. If a horse becomes incapacitated during the running of the race or is otherwise unable to finish, best efforts shall be made to dismount, unsaddle and remove the horse from the racing strip without passing the public stands. Further, the horse shall not be euthanized on the racing strip in the direct view of the public unless authorized by a Racing Commission veterinarian or his or her designee.

45.7.i. If a horse is in distress, it shall remain on the racing strip until a Racing Commission veterinarian and the equine ambulance arrive and remove the horse.

45.7.j. During the running of the race, the stewards shall exclude all unauthorized persons from the racing strip.

45.7.k. The following provisions apply to the order of finish:

45.7.k.1. The official order of finish shall be decided by the placing judges with the aid of the photo finish system, and in the absence of the photo finish film record, the video replay. The photo finish and video replay are only aids in the placing judges’ decision. The decision of the placing judges shall be final in all cases.

45.7.k.2. The nose of the horse shall determine the placement of the horse in relationship to other horses in the race.

45.7.l. The following provisions apply to returning after the finish:

45.7.l.1. After a race has been run, the jockey shall ride promptly to the place designated by the stewards, dismount and report to the clerk of scales to be weighed in. Jockeys shall weigh in with all pieces of equipment with which they weighed out.

45.7.l.2. If a jockey is prevented from riding to the designated unsaddling area because of an accident or illness to the jockey or the horse, the jockey may walk or be transported to the scales, or may be excused from weighing in by the stewards.

45.7.m. The following provisions apply to unsaddling:

45.7.m.1. Only persons authorized by the stewards may assist the jockey with unsaddling the horse after the race.

45.7.m.2. No one shall place a covering over a horse before it is unsaddled and the jockey has removed the equipment that is to be included in his or her weight.

45.7.n. The following provisions apply to weighing in:

45.7.n.1. A jockey shall weigh in at no less than the same weight at which he or she weighed out, and if under that weight, and after consideration of mitigating circumstances by the stewards, his or her mount may be disqualified from any portion of the purse money.

45.7.n.2. In the event of such disqualification, all monies wagered on the horse shall be refunded unless the race has been declared official.

45.7.n.3. A jockey’s weight shall include clothing, boots, saddle and its attachments and any other equipment except the bridle, bit, blinkers, number cloth and over-girth, reins, and breast collar.

45.7.n.4. Upon approval of the stewards, jockeys may be allowed up to three (3) pounds more than published weights to account for inclement weather clothing and equipment.

45.7.n.5. The post-race weight of a jockey includes any sweat, dirt, and mud that may have accumulated on the jockey, jockey’s clothing, jockey’s safety equipment, and over-girth. This accounts for additional weight depending on specific equipment, as well as weather, track, and racing conditions.

45.7.o. The following provisions apply to dead heats:

45.7.o.1. When two (2) or more horses run a dead heat, the results of the dead heat are final.

45.7.o.2. The owners of the horses in a dead heat shall divide equally the purse money involved.

45.7.o.3. If a dead heat is for first place, each horse shall be considered a winner of the amount received according to paragraph 45.7.o.2 of this subdivision.

45.7.o.4. When a dead heat is run for second place and an objection is made and sustained as to the winner of the race, the horses which run the dead heat for second place shall be considered to have run a dead heat for first place.

45.7.o.5. Owners shall divide equally all moneys 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 (1) or more of the stewards.

45.7.o.6. In case of a dead heat for win, each of the horses involved is a winner for the purpose of this subdivision.

W. Va. Code R. § 178-1-46 Protests, Objections and Inquiries

46.1. Stewards to Inquire. The following provisions apply to inquiries by the stewards:

46.1.a. The stewards shall take cognizance of foul riding and may entertain reports from other racing officials, regardless of whether or not a formal complaint is made. The stewards shall not consider a complaint which comes from any person other than the jockey, trainer, or owner of the horse interfered with.

46.1.b. In determining the extent of disqualification, the stewards in their discretion may:

46.1.b.1. declare null and void a track record set or equalled by a disqualified horse, or any horses included with it in an entry due to common ties of ownership or training;

46.1.b.2. affirm the placing judges' order of finish and hold the jockey responsible if, in the stewards' opinion, the foul riding did not affect the order of finish; or

46.1.b.3. disqualify the offending horse and hold the jockey blameless if in the stewards' opinion the interference to another horse in a race was not the result of an intentional foul or careless riding on the part of a jockey.

46.2. Race Objections. The following provisions apply to race objections:

46.2.a. An objection following the running of any race must be made to the stewards before the race is declared official.

46.2.b. The stewards shall make all findings of fact as to all matters occurring during and incident to the running of a race; shall determine all objections and inquiries, and shall determine the extent of disqualification, if any, of horses in the race.

46.2.c. Once the stewards have determined a race objection, any party may make a complaint to the stewards regarding such determination. A complaint must be made in writing to the stewards within 24 hours of their determination.

46.2.d. If a jockey wishes to object to a happening in a race, he or she must notify the clerk of scales immediately upon his or her arrival at the scales for weighing-in. However, when the Quick Official is being used the jockey shall notify the outrider that is equipped with a two-way radio for communication with the stewards, that the jockey wishes to claim an objection. The jockey shall then proceed to the clerk of scales and contact the stewards upon dismounting.

46.3. Protests. The following provisions apply to protests:

46.3.a. A protest shall be made in writing, signed by the complainant and filed with the stewards before post time of the race in question.

46.3.b. A protest, except a protest involving fraud, may be filed only by the owner or his or her authorized agent, the trainer, or the jockey of a horse engaged in the race in which the protest is made or by a racing official of the meeting.

46.3.c. Any person may make a protest involving fraud.

46.3.d. If a claimed horse has had a posterior digital neurectomy and has not complied with the requirements of paragraph 51.1.b.9. of this rule, the claimant has 48 hours from the start of the race from which the horse was claimed to file a protest which shall be supported by an affidavit made by a practicing veterinarian holding an occupational permit and a Racing Commission veterinarian.

46.3.e. Anyone who protests against a horse engaged in a race and who files the protest with the stewards not less than 60 minutes before post time, shall receive immediate consideration. The stewards shall disqualify the horse from starting when there is no proof provided within 30 minutes of post time that the horse is qualified to start.

46.3.f. A protest against the scheduled distance of a race shall be made at least 30 minutes before post time for that race.

46.3.g. A protest may not be withdrawn unless a request to withdraw is submitted in writing and is approved by the stewards.

46.3.h. No person shall make a frivolous protest.

46.3.i. The stewards shall keep a record of all protests and complaints and any action taken on the protests and complaints.

PART 8. EQUINE VETERINARY PRACTICES, HEALTH AND MEDICATION.

W. Va. Code R. § 178-1-47 Equine Health

47.1. General. All horses that move onto a West Virginia racetrack from another state or country must comply with all applicable rules of the West Virginia Commissioner of Agriculture and with the applicable rules of the United States Department of Agriculture.

47.2. Equine Infectious Anemia (EIA). The following provisions apply to equine infectious anemia (EIA):

47.2.a. No horse shall be permitted on the grounds of a racing association in this state unless the horse has had a negative Coggins test for EIA.

47.2.b. A person designated by the racing association, must review official test papers of each horse at the time of entry on the grounds of the racing association to ensure that all horses are negative for EIA.

47.2.c. All horses being moved interstate must have been tested for EIA with a negative result within twelve (12) months prior to start in a race held under the jurisdiction of the Racing Commission.

47.2.d. All horses not moved interstate must have been tested for EIA with a negative result within 12 months prior to start in a race held under the jurisdiction of the Racing Commission.

47.2.e. Should a horse at a racetrack in this state test positive for EIA, notification shall be sent to the West Virginia Commissioner of Agriculture within 24 hours after the results of the test are known. Copies of the notification sent to the Commissioner of Agriculture shall be simultaneously provided to the stewards and the association.

47.2.f. Once a positive EIA test is received for a horse at a racetrack in this state, the rules and procedures of the Commissioner of Agriculture govern the handling and movement of infected and exposed horses at the track.

47.3. Euthanasia. No horse shall be euthanized on the grounds of an association until the horse has been observed by a Racing Commission veterinarian. If an emergency arises, a practicing veterinarian attending to the horse may euthanize the horse and shall subsequently notify a Racing Commission veterinarian.

W. Va. Code R. § 178-1-48 Veterinary Practices

48.1. Veterinarians under Authority of Racing Commission Veterinarian(s). Veterinarians issued an occupational permit by the Racing Commission and practicing at any location under the jurisdiction of the Commission are under the authority of the Racing Commission veterinarian(s) and the stewards. The Racing Commission veterinarian(s) may recommend to the stewards or the Racing Commission the discipline that may be imposed upon a veterinarian who violates this rule.

48.2. The following limitations apply to drug treatments of horses that are engaged in activities, including training, related to competing in pari-mutuel racing in West Virginia:

48.2.a. No drug may be administered except in the context of a valid veterinarian-client-patient relationship between an attending veterinarian, the horse owner (who may be represented by the trainer or other agent) and the horse. The owner is not required by this rule to follow the veterinarian’s instructions, but no drug may be administered without a veterinarian having examined the horse and having provided the treatment recommendation. Such relationship requires the following:

48.2.a.1. The veterinarian, with the consent of the owner, has accepted responsibility for making medical judgments about the health of the horse;

48.2.a.2. The veterinarian has sufficient knowledge of the horse to make a preliminary diagnosis of the medical condition of the horse;

48.2.a.3. The veterinarian has performed an examination of the horse and is acquainted with the keeping and care of the horse;

48.2.a.4. The veterinarian is available to evaluate and oversee treatment outcomes, or has made appropriate arrangements for continuing care and treatment;

48.2.a.5. The relationship is maintained by veterinary visits as needed; and,

48.2.a.6. The veterinary judgements of the veterinarian are independent and are not dictated by the trainer or owner of the horse.

48.2.b. No prescription drug may be administered except as prescribed by an attending veterinarian.

48.2.c. The trainer and veterinarian are both responsible to ensure compliance with these limitations on drug treatments of horses, except the medical judgment to recommend a drug treatment or to prescribe a drug is the responsibility of the veterinarian and the decision to proceed with a drug treatment that has been so recommended is the responsibility of the horse owner (who may be represented by the trainer or other agent).

48.3. Treatment Restrictions. The following provisions apply to treatment restrictions:

48.3.a. Except as otherwise provided in this subsection, no person other than a veterinarian licensed to practice veterinary medicine in the state of West Virginia and holding an occupational permit issued by the Racing Commission shall possess or administer to a horse a prescription or controlled medication, drug, chemical, or other substance (including any medication, drug, chemical, or other substance by injection) at any location under the jurisdiction of the Racing Commission.

48.3.b. This subsection does not apply to the administration of the following substances except in approved quantitative levels, if any, present in post-race samples or as they may interfere with post-race testing:

48.3.b.1. A recognized non-injectable nutritional supplement or other substance approved by a Racing Commission veterinarian;

48.3.b.2. A non-injectable substance on the direction or by prescription of a veterinarian licensed to practice veterinary medicine in the state of West Virginia and holding an occupational permit issued by the Racing Commission; or

48.3.b.3. A non-injectable non-prescription medication or substance.

48.3.c. No person, other than a veterinarian licensed to practice veterinary medicine in the state of West Virginia and holding an occupational permit issued by the Racing Commission shall possess a hypodermic needle, syringe or injectable of any kind on association grounds, unless otherwise approved by the stewards or the Racing Commission. At any location under the jurisdiction of the Racing Commission, veterinarians may use only one-time disposable needles, and shall dispose of them in a manner approved by the Racing Commission veterinarian(s). If a person has a medical condition which makes it necessary to have a syringe at any location under the jurisdiction of the Racing Commission, that person may request permission of the stewards and/or the Commission to have a syringe. Such a request shall be in writing and shall be accompanied by a statement from a licensed physician explaining why it is necessary for the person to possess a syringe. If permission is granted to any person to have a syringe at any location under the Racing Commission’s jurisdiction, the stewards and/or the Commission may impose conditions and/or restrictions in connection with such approval.

48.3.d. Practicing veterinarians shall not have contact with an entered horse on a race day except for the administration of furosemide (lasix®) under the guidelines set forth in subsection 49.7. of this rule unless approved by a Racing Commission veterinarian. If approval to have contact with an entered horse on a race day for purposes other than the administration of furosemide (lasix®) is obtained from a Racing Commission veterinarian, or if reasonable efforts are made to contact a Racing Commission veterinarian and he or she is unavailable, a practicing veterinarian may have contact with the horse for purposes other than the administration of furosemide (lasix®): Provided, That the practicing veterinarian shall complete a form prescribed by the Racing Commission notifying the Racing Commission veterinarian of the contact. Such form shall be provided to the Racing Commission veterinarian one hour before post time. Any unauthorized contact may result in the horse being scratched from the race in which it was scheduled to compete and may result in further disciplinary action by the stewards.

48.4. Veterinarians’ Reports. Every veterinarian who treats a racehorse at any location under the jurisdiction of the Racing Commission shall record in writing the name of the horse treated, any medication, drug, substance, or procedure administered or prescribed, the name of the trainer of the horse, the date and time of treatment and any other information requested by a Racing Commission veterinarian(s). The veterinarian treating the racehorse shall sign each written record of treatment and shall provide such treatment records to the stewards and/or the Racing Commission veterinarian(s) upon request. Any veterinarian who falsifies any treatment record or who fails to maintain treatment records may be disciplined by the stewards or the Racing Commission.

48.5. Prohibited Practices. The following are prohibited practices:

48.5.a. The possession or use of a drug, substance or medication on the premises of a facility under the jurisdiction of the Commission for which a recognized analytical method has not been developed to detect and confirm the administration of such substance; or the use of which may endanger the health and welfare of the horse or endanger the safety of the rider; or the use of which may adversely affect the integrity of racing; or no generally accepted used in equine care exists.

48.5.b. The possession or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the Racing Commission that has not been approved by the United States Food and Drug Administration (FDA) for any use in humans or animals is forbidden without prior permission of the Racing Commission or a Racing Commission veterinarian. This rule shall not restrict the recognized off-label use of any FDA approved medication.

48.5.c. The possession and/or use of blood doping agents (agents that abnormally enhance the oxygenation of body tissue), including but not limited to those listed below, on the premises of a facility under the jurisdiction of the Racing Commission is forbidden:

48.5.c.1. Aminoimidazole carboxamide ribonucleotide (AICAR);

48.5.c.2. Darbepoetin;

48.5.c.3. Equine Growth Hormone;

48.5.c.4. Erythropoietin;

48.5.c.5. Hemopure ®;

48.5.c.6. Myo-Inositol Trispyprophosphate (ITPP);

48.5.c.7. Oxyglobin®;

48.5.c.8. Thymosin beta; and

48.5.c.9. Venoms and derivatives thereof.

48.5.d. The use of extracorporeal shock wave therapy or radial pulse wave therapy shall not be permitted unless the following conditions are met:

48.5.d.1. Any treated horse shall not be permitted to race or train for a minimum of 10 days following treatment, with the day of the treatment to be considered the first day of the 10 day period;

48.5.d.2. The use of extracorporeal shock wave therapy or radial pulse wave therapy machines shall be limited to veterinarians holding occupational permits issued by the Commission and using registered and approved machines at a previously-disclosed location;

48.5.d.3. Any extracorporeal shock wave therapy or radial pulse wave therapy machines on the association grounds must be registered with and approved by the Commission or its designee before use;

48.5.d.4. All extracorporeal shock wave therapy or radial pulse wave therapy treatments must be reported to a Racing Commission veterinarian by the treating veterinarian within one (1) day on a prescribed form. The horse shall be added to a list of ineligible horses. This list shall be kept in the association’s racing secretary’s office and shall be accessible to jockeys and/or their agents during normal business hours; and

48.5.d.5. Any person participating in the use of extracorporeal shock wave therapy and/or in the possession of extracorporeal shock wave therapy machines in violation of this rule shall be considered to have committed a prohibited practice and is subject to a Class A penalty as set forth in table 178-1E at the end of this rule.

48.5.e. The use of a nasogastric tube (a tube longer than six (6) inches) for the administration of any substance within 24 hours prior to the post time of a race in which the horse is entered is prohibited without the prior permission of a Racing Commission veterinarian or his or her designee.

48.5.f. It is a prohibited practice to administer bisphosphonates to any horse under four (4) years of age. Horses four (4) years of age or older may only be administered bisphosphonates under the following circumstances:

48.5.f.1. Only bisphosphonates that are FDA approved for use in the horse may be administered according to label requirements and only for diagnosed cases of navicular disease.

48.5.f.1.A. If a horse older than four (4) years of age is administered bisphosphonates, the Racing Commission must be notified within 24 hours of the administration and the horse shall be placed on the Veterinarians’ List for no less than six (6) months after the last administration. Prior to returning to racing, the horse must work for a Racing Commission veterinarian as required by subdivision 52.3.d. of this rule.

48.5.f.2. If any bisphosphonate is detected in an out of competition or post race test sample and the Racing Commission has not received timely notification of an administration, the detection shall be treated as an illicit substance. The horse shall be placed on the Veterinarians’ List for no less than six (6) months and be required to work for a Racing Commission Veterinarian as described in subdivision 52.3.d. of this rule.

48.5.g. The following are prohibited substances and methods:

48.5.g.1. The substances and methods in the Association of Racing Commissioners International (RCI) Prohibited List set forth in table 178-1 I at the end of this rule may not be used at any place or time, and may not be possessed on the premises of a racing or training facility under the jurisdiction of the Racing Commission, except as a restricted therapeutic use.

48.5.g.2. Restricted Therapeutic Use. A limited number of medications on the Association of Racing Commissioners International (RCI) Prohibited List set forth in table 178-1 I at the end of this rule shall be exempted when the administration occurs in compliance with the Association of Racing Commissioners International (RCI) Required Conditions for Restricted Therapeutic Use set forth in table 178-1 J at the end of this rule.

48.5.g.2.A. “Report When Sampled” means the administration of the substance must be reported to the Racing Commission when the horse is next sampled, if the horse is sampled within twenty-four (24) hours after administration.

48.5.g.2.B. “Pre-File Treatment Plan” means the filing of a treatment plan for the substance in a manner approved by the Racing Commission and that is filed by the time of administration of the substance.

48.5.g.2.C. “Written Approval from Commission” means the Racing Commission has granted written approval of a written treatment plan before the administration of the substance.

48.5.g.2.D. “Emergency Use (report)” means the substance had to be administered due to an acute emergency involving the life or health of the horse, provided the emergency use is reported to the Racing Commission as soon as practicable after the treatment occurs.

48.5.g.2.E. “Prescribed by Veterinarian” means the substance has been prescribed by an attending veterinarian, in compliance with subsection 48.2 of this rule and recorded in the veterinary records in the manner required by the Racing Commission.

48.5.g.2.F. “Report Treatment” means the treatment reported to the Racing Commission by the trainer at the time of administration to provide the Racing Commission with information for the Veterinarian’s List. The trainer may delegate this responsibility to the treating veterinarian, who shall make the report when so designated.

48.5.g.2.G. “Other Limitations” means additional requirements that apply, such as a substance may be used only in fillies or mares or a horse that is administered a substance shall be reported immediately to the Racing Commission and placed on the veterinarians’ list for a specific minimum period of time. The use of the substance must comply with the other applicable rules of the Racing Commission.

48.5.g.3. No person shall at any time administer any other doping agent to a horse except pursuant to a valid, therapeutic, evidence-based treatment plan.

48.5.g.3.A. “Other doping agent” means a substance this is not listed in the Association of Racing Commissioners International (RCI) Prohibited List set forth in table 178-1 I at the end of this rule, has a pharmacologic potential to alter materially the performance of the horse, has no generally accepted medical use in the horse when treated, and is:

48.5.g.3.A.1. capable at any time of causing an action or effect, or both, within one or more of the blood, cardiovascular, digestive, endocrine, immune, musculoskeletal, nervous, reproductive, respiratory, or urinary mammalian body systems; including but not limited to endocrine secretions and their synthetic counterparts, masking agents, oxygen carriers, and agents that directly or indirectly affect or manipulate gene expressions; but

48.5.g.3.A.2. not a substance that is considered to have no effect on the physiology of a horse except to improve nutrition or treat or prevent infections or parasitic infestations.

48.5.g.3.B. The Racing Commission may publish advisory warnings that certain substances or administrations may constitute a violation of this rule.

48.5.g.3.C. “Therapeutic, evidence based treatment plan” means a planned course of treatment written and prescribed by an attending veterinarian before the horse is treated that:

48.5.g.3.C.1. describes the medical need of the horse for the treatment, the evidence based scientific or clinical justification for using the doping agent, and a determination that recognized therapeutic alternatives do not exist; and

48.5.g.3.C.2. complies with the veterinary practices provisions of this rule, meets the standards of veterinary practice in West Virginia, and is developed in good faith to treat a medical need of the horse.

48.5.g.3.D. Such plans shall not authorize the possession of a doping agent on the premises of a racing or training facility under the jurisdiction of the Racing Commission.

W. Va. Code R. § 178-1-49 Medications and Prohibited Substances

49.1. General. Upon a finding of a violation of this medication and prohibited substances rule, the stewards shall consider the classification level of the violation as listed in the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule. Imposition of penalties and disciplinary action by the stewards for a violation of this medication and prohibited substances rule shall be consistent with the penalty guidelines set forth in table 178-1E at the end of this rule. The stewards may also consult with a Racing Commission veterinarian to determine if the violation was a result of the administration of a therapeutic medication as documented in a veterinarian’s treatment record per subsection 48.4. The stewards may also consult with the laboratory director or other individuals to determine the seriousness of the laboratory finding or the medication violation. Penalties for all medication and drug violations shall be investigated, reviewed, and determined on a case by case basis. As a result of the investigation, there may be mitigating circumstances for which a lesser or no penalty is appropriate for the permit holder and aggravating factors, which may increase the penalty beyond the minimum. Factors that may be considered are:

49.1.a. The past record of the trainer, veterinarian, and/or owner in drug cases;

49.1.b. The potential of the drug(s) to influence a horse’s racing performance;

49.1.c. The legal availability of the drug;

49.1.d. Whether there is reason to believe the responsible party knew of the administration of the drug or intentionally administered the drug;

49.1.e. The steps taken by the trainer to safeguard the horse;

49.1.f. The probability of environmental contamination or inadvertent exposure due to human drug use;

49.1.g. The purse of the race;

49.1.h. Whether the drug found was one for which the horse was receiving a treatment as documented by the treating veterinarian’s treatment records;

49.1.i. Whether there was any suspicious betting pattern in the race;

49.1.j. Whether the trainer was acting under the advice of a veterinarian licensed to practice in West Virginia and holding an occupational permit issued by the Racing Commission; and

49.1.k. Any other factors deemed relevant and documented in writing by the stewards.

49.2. Uniform Classification Guidelines. The following outline describes the types of substances placed in each category of the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule. The Guidelines shall be publicly posted in the offices of the Racing Commission veterinarian(s) and the association’s racing secretary.

49.2.a. Class 1. Opiates, opium derivatives, synthetic opioids, psychoactive drugs, amphetamines and United States Drug Enforcement Agency (DEA) scheduled I and II drugs. Also found in this class are drugs which are potent stimulants of the nervous system. Drugs in this class have no generally accepted medical use in the racehorse and their pharmacological potential for altering the performance of a race is very high.

49.2.b. Class 2. Drugs in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the racehorse. Many are products intended to alter consciousness or the psychic state of humans, and have no approved or indicated use in the horse. Some, such as injectable local anesthetics, have legitimate use in equine medicine, but should not be found in a racehorse. The following groups of drugs are in this class:

49.2.b.1. Opiate partial agonists, or agonist-antagonists;

49.2.b.2. Non-opiate psychotropic drugs, which may have stimulant, depressant, analgesic, or neuroleptic effects;

49.2.b.3. Miscellaneous drugs which might have a stimulant effect on the central nervous system (CNS);

49.2.b.4. Drugs with prominent CNS depressant action;

49.2.b.5. Antidepressant and antipsychotic drugs, with or without prominent CNS stimulatory or depressant effects;

49.2.b.6. Muscle blocking drugs which have a direct neuromuscular blocking action;

49.2.b.7. Local anesthetics which have a reasonable potential for use as nerve blocking agents (except procaine); and

49.2.b.8. Snake venoms and other biologic substances, which may be used as nerve blocking agents.

49.2.c. Class 3. Drugs in this class may or may not have an accepted therapeutic use in the horse. Many are drugs that affect the cardiovascular, pulmonary, and autonomic nervous systems. They all have the potential of affecting the performance of a racehorse. The following groups of drugs are in this class:

49.2.c.1. Drugs affecting the autonomic nervous system which do not have prominent CNS effects, but which do have prominent cardiovascular or respiratory system effects (bronchodilators are included in this class);

49.2.c.2. A local anesthetic which has nerve blocking potential but also has a high potential for producing urine residue levels from a method of use not related to the anesthetic effect of the drug (procaine);

49.2.c.3. Miscellaneous drugs with mild sedative action, such as the sleep inducing antihistamines;

49.2.c.4. Primary vasodilating/hypotensive agents;

49.2.c.5. Potent diuretics affecting renal function and body fluid composition; and

49.2.c.6. Anabolic and/or androgenic steroids and other drugs.

49.2.d. Class 4. This category is comprised primarily of therapeutic medications routinely used in racehorses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following:

49.2.d.1. Non-opiate drugs which have a mild central analgesic effect;

49.2.d.2. Drugs affecting the autonomic nervous system which do not have prominent CNS, cardiovascular or respiratory effects;

49.2.d.3. Drugs used solely as topical vasoconstrictors or decongestants;

49.2.d.4. Drugs used as gastrointestinal antispasmodics;

49.2.d.5. Drugs used to void the urinary bladder;

49.2.d.6. Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs;

49.2.d.7. Antihistamines which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in Class 5);

49.2.d.8. Mineralocorticoid drugs;

49.2.d.9. Skeletal muscle relaxants;

49.2.d.10. Anti-inflammatory drugs -- those that may reduce pain as a consequence of their anti-inflammatory actions, which include:

49.2.d.10.A. Non-Steroidal Anti-Inflammatory Drugs (NSAIDs);

49.2.d.10.B. Corticosteroids (glucocorticoids); and

49.2.d.10.C. Miscellaneous anti-inflammatory agents.

49.2.d.11. Less potent diuretics;

49.2.d.12. Cardiac glycosides and antiarrhythmics including:

49.2.d.12.A. Cardiac glycosides;

49.2.d.12.B. Antirryhthmic agents (exclusive of lidocaine, bretylium, and propanolol); and

49.2.d.12.C. Miscellaneous cardiotonic drugs.

49.2.d.13. Topical Anesthetics -- agents not available in injectable formulations;

49.2.d.14. Antidiarrheal agents; and

49.2.d.15. Miscellaneous drugs including:

49.2.d.15.A. Expectorants with little or no other pharmacologic action;

49.2.d.15.B. Stomachics; and

49.2.d.15.C. Mucolytic agents.

49.2.e. Class 5. Drugs in this category are therapeutic medications for which concentration limits have been established as well as certain miscellaneous agents. Included specifically are agents, which have very localized action only, such as anti-ulcer drugs and certain anti-allergenic drugs. The anticoagulant drugs are also included.

49.3. Penalties. The following provisions apply to penalties for violations of this medication and prohibited substance rule:

49.3.a. Upon a finding that an occupational permit holder is in violation of this medication and prohibited substance rule, the stewards or the Racing Commission may, in their discretion, issue a reprimand or warning, assess a fine, require forfeiture or redistribution of a purse or award, place a permit holder on probation, suspend a permit or racing privileges, revoke a permit, exclude the permit holder from grounds under the jurisdiction of the Racing Commission, or impose any combination of these penalties.

49.3.b. In issuing penalties against individuals found guilty of medication and drug violations a regulatory distinction shall be made between the detection of therapeutic medications used routinely to treat racehorses and those drugs that have no reason to be found at any concentration in the test sample on race day.

49.3.c. The stewards or the Racing Commission shall use the Racing Medication and Testing Consortium’s (RMTC) penalty category (designated by the letters “A”, “B”, “C” and “D” as shown on the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule and the penalty guidelines set forth in table 178-1E at the end of this rule as a starting place in the penalty stage of the deliberations for a rule violation for any drug listed in the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule.

49.3.d. The penalty guidelines for those drugs designated a penalty category of “A”, “B” or “C” are set forth in table 178-1E at the end of this rule. The recommended penalty for a violation involving a drug that carries a category “D” penalty is a written warning to the trainer and/or owner. Multiple violations may result in fines and/or suspensions.

49.3.e. If a practicing veterinarian is administering or prescribing a drug not listed in the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule, the identity of the drug shall be forwarded to a Racing Commission veterinarian(s) to be forwarded to the Racing Medication and Testing Consortium (RMTC) for classification.

49.3.f. In the event that any drug or metabolite thereof is found to be present in a pre- or post-race sample and the drug or metabolite is not classified in the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule, the Racing Commission shall cause the sample to be sent to the Racing Medication and Testing Consortium (RMTC) for a determination of the appropriate classification and penalty category. Upon a determination of classification and penalty category, the trainer and owner shall be subject to the appropriate penalties as set forth in table 178-1E at the end of this rule.

49.3.g. Any Racing Commission permit holder, including practicing veterinarians, found to be responsible for the improper or intentional administration of any drug resulting in a positive test may, after proper notice and hearing, be subject to the same penalties set forth in table 178-1E at the end of this rule for trainers holding occupational permits.

49.3.h. The owner, veterinarian or any other party holding an occupational permit involved in a positive laboratory finding shall be notified in writing of the hearing and any resulting action. In addition, their presence may be required at any and all hearings relative to the case.

49.3.i. Any practicing veterinarian found to be involved in the administration of any Class 1 drug may be referred to the West Virginia Board of Veterinary Medicine for consideration of disciplinary action against the veterinarian’s license to practice in the state of West Virginia. This is in addition to any penalties issued by the stewards or the Racing Commission against the practicing veterinarian’s occupational permit.

49.3.j. Any person who the stewards or the Racing Commission believe may have committed acts in violation of criminal statutes may be referred to the appropriate law enforcement agency.

49.3.k. Administrative action taken by the stewards or the Racing Commission in no way prohibits a prosecution for criminal acts committed, nor does a potential criminal prosecution stall administrative action by the stewards or the Commission.

49.3.l. Procedures shall be established by the stewards to ensure that a trainer holding an occupational permit is not able to benefit financially during the period for which he or she has been suspended. This includes, but is not limited to, ensuring that horses are not transferred to family members holding occupational permits.

49.3.m. Multiple Medication Violations. A trainer who receives a penalty for a medication violation based upon a horse testing positive for a Class 1-5 medication with a Penalty Class A-D, as provided in the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 14.1 (revised January 2020), set forth in table 178-1D at the end of this rule, shall be assigned points as follows:

Penalty Class Points if Controlled Therapeutic Substance Points if Non-Controlled Substance Class A N/A Class B Class C ½ for first violation with an additional ½ point for each additional violation within 365 days. Points for NSAID violations only apply when the primary threshold of the NSAID is exceeded. Points are not to be separately assigned for a stacking violation. 1 for first violation with an additional ½ point for each additional violation within 365 days.

Class D

49.3.m.1. If the stewards or the Commission determine that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.

49.3.m.2. The points assigned to a medication violation by the stewards’ or the Commission’s ruling shall be included in the Association of Racing Commissioners International official database and the Association of Racing Commissioners International shall assign points consistent with the table set forth under subdivision 49.3.m. including, when appropriate, a designation that the points have been suspended for the medication violation. Points assigned by such regulatory ruling shall reflect, in the case of multiple positive tests as described in paragraph 49.3.m.3, whether they shall thereafter constitute a single violation. The stewards’ or the Commission’s ruling shall be posted on the official website of the Commission and within the official database of the Association of Racing Commissioners International. If an appeal is pending, that fact shall be noted in such ruling. No points shall be applied until a final adjudication of the enforcement of any such violation.

49.3.m.3. A trainer’s cumulative points for violations in all racing jurisdictions shall be maintained by the Association of Racing Commissioners International. Once all appeals are waived or exhausted, the points shall immediately become part of the trainer’s official Association of Racing Commissioners International record and shall be considered by the stewards or the Commission in their determination to subject the trainer to the mandatory enhanced penalties as provided in this rule.

49.3.m.4. Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice by the stewards or the Commission may be treated as a single violation. In the case of a positive test indicating multiple substances found in a single post-race sample, the stewards or the Commission may treat each substance found as an individual violation for which points will be assigned.

49.3.m.5. The official Association of Racing Commissioners International record shall be used to advise the stewards or the Commission of a trainer’s past record of violations and cumulative points. Nothing in this rule shall be construed to confer upon a trainer the right to appeal a violation for which the remedies have been exhausted or for which the appeal time has expired as provided by West Virginia Code §§ 19-23-16(c) and 19-23-17.

49.3.m.6. The stewards or the Commission shall consider all points for violations in all racing jurisdictions as contained in the trainers’ official Association of Racing Commissioners International record when determining whether the mandatory enhancements provided in this rule shall be imposed.

49.3.m.7. In addition to the penalty for the underlying offense, the following enhancements shall be imposed upon a trainer based upon the cumulative points contained in his or her official Association of Racing Commissioners International record:

Points Suspension in days 5-5.5 15 to 30 6-8.5 45 to 60 9-10.5 90 to 180 11 or more 180 to 360

49.3.m.8. The multiple medication violation penalty system is not a substitute for the penalty system otherwise set forth in this rule and is intended to be an additional uniform penalty when a permit holder:

49.3.m.8.A. Has more than one violation for the relevant time period, and

49.3.m.8.B. Exceeds the permissible number of points.

49.3.m.9. The stewards and the Commission shall consider aggravating and mitigating factors, including the trainer’s prior record for medication violations, when determining the appropriate penalty for the underlying offense. The multiple medication violation penalty is intended to be a separate and additional penalty for a pattern of violations.

40.3.m.10. The suspension periods as provided in the table set forth under paragraph 49.3.m.7. shall run consecutive to any suspension imposed for the underlying offense.

49.3.m.11. The stewards’ or the Commission’s ruling shall distinguish between the penalty for the underlying offense and any enhancement based upon a stewards’ or Commission review of a trainer’s cumulative points and regulatory record, which may be considered an aggravating factor in a case.

49.3.m.12. Points shall expire as follows:

Penalty Classification Time to Expungement A 3 years B 2 years C 1 year

49.3.m.13. In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date of the date the suspension is completed.

49.4. Medication Restrictions. The following provisions apply to medication restrictions:

49.4.a. A finding by a Racing Commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include:

49.4.a.1. Drugs or medications for which no acceptable threshold concentration has been established;

49.4.a.2. Controlled therapeutic medications in excess of established threshold concentrations as set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule;

49.4.a.3. Substances present in the horse in excess of concentrations at which such substances could occur naturally; and

49.4.a.4. Substances foreign to a horse at concentrations that cause interference with testing procedures.

49.4.b. Except as otherwise provided by this rule, a person may not administer or cause to be administered by any means to a horse a prohibited drug, medication, chemical or other substance, including any restricted medication pursuant to this rule during the 24 hour period before post time for the race in which the horse is entered.

49.4.c. The pre-race treatment guidelines for the controlled therapeutic medications set forth in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule, are recommendations based upon current scientific knowledge and are specific to the dosing specifications listed therein. Adherence to the pre-race treatment guidelines does not relieve or lessen a trainer’s responsibilities under subdivision 51.1.a. of this rule. Provided that, a trainer or other permit holder may present evidence of compliance with these guidelines to the stewards and/or the Racing Commission as a mitigating factor to be weighed in determining penalties for medication rule violations.

49.5. Medical Labeling. The following provisions apply to medical labeling:

49.5.a. No person on association grounds where horses are lodged or kept, excluding practicing 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 subsection.

49.5.b. Any drug or medication which is used or kept on association grounds and which, 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 such allowable medications must have a prescription label which is securely attached and clearly ascribed to show the following:

49.5.b.1. The name of the product;

49.5.b.2. The name, address, and telephone number of the veterinarian prescribing or dispensing the product;

49.5.b.3. The name of each patient (horse) for whom the product is intended/prescribed;

49.5.b.4. The dose, dosage, duration of treatment, and expiration date of the prescribed/dispensed product; and

49.5.b.5. The name of the person (trainer) to whom the product was dispensed.

49.6. Non-Steroidal Anti-Inflammatory Drugs (NSAIDs). The use of NSAIDs shall be governed by the following conditions:

49.6.a. NSAIDs included in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule are not to be used in a manner inconsistent with the restrictions contained therein.

49.6.b. NSAIDs not included in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule, Version 3.2, contained in table 178-1F at the end of this rule are not to be present in a racing horse biological sample at the laboratory concentration of detection.

49.6.c. The presence of more than one NSAID may constitute a NSAID stacking violation consistent with the following restrictions:

49.6.c.1. A Class 1 NSAID Stacking Violation (Penalty Class B) occurs when:

49.6.c.1.A. Two non-steroidal anti-inflammatory drugs are found at individual levels determined to exceed the following restrictions:

49.6.c.1.A.1. Diclofenac – 5 nanograms per milliliter of plasma or serum;

49.6.c.1.A.2. Firocoxib – 20 nanograms per milliliter of plasma or serum;

49.6.c.1.A.3. Flunixin – 20 nanograms per millileter of plasma or serum;

49.6.c.1.A.4. Ketoprofen – 2 nanograms per milliliter of plasma or serum;

49.6.c.1.A.5. Phenylbutazone – 2 micrograms per milliliter of plasma or serum; or

49.6.c.1.A.6. All other non-steroidal anti-inflammatory drugs – laboratory concentration of detection.

49.6.c.1.B. Three or more non-steroidal anti-inflammatory drugs found at individual levels determined to exceed the following restrictions:

49.6.c.1.B.1. Diclofenac – 5 nanograms per milliliter of plasma or serum;

49.6.c.1.B.2. Firocoxib – 20 nanograms per millileter of plasma or serum;

49.6.c.1.B.3. Flunixin – 3 nanograms per milliliter of plasma or serum;

49.6.c.1.B.4. Ketoprofen – 1 nanogram per milliliter of plasma or serum;

49.6.c.1.B.5. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum; or

49.6.c.1.B.6. All other non-steroidal anti-inflammatory drugs – laboratory concentration of detection.

49.6.c.2. A Class 2 NSAID Stacking Violation (Penalty Class C) occurs when:

49.6.c.2.A. Any one substance noted in subparagraph 49.6.c.1.A. of this subsection above is found in excess of the restrictions contained therein in combination with any one of the following substances at levels below the restrictions so noted but in excess of the following levels:

49.6.c.2.A.1. Flunixin – 3.0 nanograms per milliliter of plasma or serum;

49.6.c.2.A.2. Ketoprofen – 1 nanogram per milliliter of plasma or serum; or

49.6.c.2.A.3. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum;

49.6.c.3. A Class 3 NSAID Stacking Violation (Penalty Class C, fines only) occurs when:

49.6.c.3.A. Any combination of two of the following non-steroidal anti-inflammatory drugs found at or below the restrictions in subparagraph 49.6.c.1.A. of this subsection above but in excess of the noted restrictions:

49.6.c.3.A.1. Flunixin – 3 nanograms per milliliter of plasma or serum;

49.6.c.3.A.2. Ketoprofen – 1 nanogram per milliliter of plasma or serum; or

49.6.c.3.A.3. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum.

49.6.d. Any horse to which a NSAID has been administered shall be subject to having a blood and/or urine sample(s) taken at the direction of a Racing Commission veterinarian or the stewards to determine the quantitative NSAID level(s) and/or the presence of other drugs which may be present in the blood or urine sample(s).

49.7. Furosemide (Lasix®) List. The following provisions apply to the use of furosemide (lasix®):

49.7.a. The administration of furosemide (lasix®) to a horse shall be permitted only after the Commission Veterinariam has placed the horse on Furosemide List. In order for the horse to be placed in the Furosemide List, the following process must be followed:

49.7.a.1. After the horse’s licensed trainer and licensed practicing veterinarian determine that it would be in the horse’s best interest to race with furosemide, they shall notify the Commission Veterinarian or his/her designee, in writing, using the Lasix Declaration Form provided by the Commission indicating that they wish to put the horse on the Furosemide List. The Form must be received by the Commission Veterinarian or his/her designee no later than the time of entry to ensure proper public notification prior to the running of the race.

49.7.a.2. A horse shipped into West Virginia from another jurisdiction shall be allowed to race on furosemide if it raced on furosemide in its last start.

49.7.a.3. The trainer declares the use of furosemide (lasix®) at the time of entry.

49.7.a.4. A horse placed in the Furosemide List must remain on the List unless the trainer and veterinarian submit a written request using the Lasix Declaration Form provided by the Commission to remove the horse from the List. The request must be received by the Commission Veterinarian no later than the time of entry.

49.7.a.5. After a horse has been removed from the Furosemide List, the horse may not be placed back on the List for a period of 60 calendar days unless it is determined to be detrimental to the welfare of the horse after consultation with the Commission Veterinarian. If a horse is removed from the List a second time in a 365-day period, the horse may not be placed back on the List for a period of 90 calendar days.

49.7.b. Furosemide (Lasix®) shall only be administered on association grounds. The stewards may grant a 30-minute grace period if a horse arrives late to the track.

49.7.c. Furosemide (Lasix®) shall be the only authorized bleeder medication.

49.7.d. A Racing Commission veterinarian is responsible for maintaining up-to-date records of horses which are permitted to use furosemide (lasix®), and these records shall be available for inspection during the hours of operation of the racetrack at the Commission Veterinarian’s offce.

49.7.e. Race day administration of furosemide (lasix®) shall be permitted as follows:

49.7.e.1. A horse scheduled to race that is permitted to use furosemide (lasix®) shall be administered furosemide (lasix®) by a veterinarian employed by the owner or trainer and holding a permit issued by the Racing Commission. The furosemide (lasix®) must be administered a minimum of four (4) hours before the scheduled post time for the race in which the horse is entered. A person employed by the Racing Commission shall be present to observe the drawing of furosemide into a syringe and supervise the administration of furosemide to the horse.

49.7.e.2. The practicing veterinarian must deposit with a Racing Commission veterinarian an unopened and labeled supply of furosemide (lasix®) and sterile hypodermic needles and syringes to be used for the administration.

49.7.e.3. A trainer is responsible for ensuring that the horse is available at the appropriate assigned location and scheduled time for its treatment.

49.7.e.4. The trainer is responsible for ensuring that a practicing veterinarian holding a permit issued by the Racing Commission has agreed to administer furosemide at the designated time.

49.7.e.5. A trainer or his or her designee shall be responsible for the guarding, condition, care, and handling of the horse at all times and the trainer or his or her designee shall be present to handle the horse and serve as a witness to the furosemide (lasix®) administration.

49.7.e.6. If the trainer or his or her designee is not present and the administration time has passed, no furosemide (lasix®) shall be administered and the stewards shall order the horse scratched.

49.7.e.7. The dose administered shall not exceed 500 mg, nor be less than 150 mg.

49.7.e.8. Furosemide shall be administered by a single, intravenous injection.

49.7.e.9. After treatment, the horse shall be required to remain in its stall in the care, custody and control of its trainer or the trainer’s designee under general association and/or Commission security supervision until called to the saddling paddock.

49.7.e.10. Test results must show a detectable concentration of furosemide (lasix®) in the post-race serum, plasma or urine sample.

49.7.e.10.A. The specific gravity of post-race urine samples may be measured to ensure that samples are sufficiently concentrated for proper chemical analysis. The specific gravity shall not be below 1.010. If the specific gravity of urine is found to be below 1.010 or if a urine sample is unavailable for testing, quantitation of furosemide (lasix®) in serum or plasma shall be performed;

49.7.e.10.B. Quantitation of furosemide (lasix®) in serum or plasma shall be performed when the specific gravity of the corresponding urine sample is not measured or if measured below 1.010. Concentrations may not exceed 100 nanograms of furosemide (lasix®) per milliliter of serum or plasma.

49.7.f. The following provisions apply to racing off of furosemide (lasix®):

49.7.f.1. A horse on the Furosemide List that races without furosemide (lasix®) in any jurisdiction due to administrative race condition requirements to race off furosemide may resume the use of furosemide during its next eligible race without additional documentation. Such races include Two-year old races and Graded Stakes races.

49.7.g. The following provisions apply to program notice requirements for horses on furosemide (lasix®):

49.7.g.1. Of the horses scheduled to race, the official program shall denote the horses which have been administered:

49.7.g.1.A. Furosemide (lasix®);

49.7.g.1.B. Furosemide (lasix®) for the first time; and

49.7.g.1.C. Declared off furosemide.

49.7.g.2. If the official program contains past performance lines, each past performance line shall indicate if the horse was administered furosemide (lasix®).

49.8. Bleeder List. The following provisions apply to the bleeder list:

49.8.a. A Bleeder list of all horses which have demonstrated external evidence of exercise induced pulmonary hemorrhage from one or both nostrils during or after a race or workout shall be maintained by the Racing Commission veterinarian(s) and the list shall be available for inspection in the Commission Veterinarian’s office.

49.8.b. A first time bleeder shall be placed on the bleeder list and the Veterinarian’s List and be ineligible to race for a minimum of 14 calendar days. A second time bleeder within a twelve (12) month period shall be placed on the bleeder list and the Veterinarian’s List and be ineligible to race for a minimum of 30 calendar days. A third time bleeder within a 12 month period shall be placed on the bleeder list and Veterinarian’s List and be ineligible to race for a minimum of 180 calendar days. A bleeder in these categories is automatically released from the list after the expiration of these time periods. A horse that bleeds four (4) times within a 12 month period shall be barred from further racing in West Virginia for its lifetime.

49.8.b.1. For the purpose of determining the number of days that a horse is ineligible to run, the day the horse bled externally is the first day of the recovery period.

49.8.b.2. All horses on the Bleeder List that are ineligible to race shall be administered furosemide before they can race.

49.8.b.3. A voluntary administration of furosemide without an external bleeding incident shall not subject the horsed to the initial period of ineligibility as defined by section 49.8.b. of this rule.

49.8.b.4. A horse that has been placed on the Bleeder List in another jurisdiction pursuant to this rule shall be placed on the Bleeder List in this State.

49.9. Procaine Penicillin. The administration of procaine penicillin to a horse must be reported to a Racing Commission Veterinarian at a time and on a form prescribed by the Racing Commission. If a horse entered to run in a race has been administered procaine penicillin, it shall be required to be under surveillance for a minimum of six (6) hours prior to post time at a designated area on association grounds. The owner of the horse shall be responsible for all expenses related to such surveillance.

49.10. Environmental Contaminants and Substances of Human Use. The following provisions apply to environmental contaminants and substances of human use:

49.10.a. It is recognized that there are substances that can be environmental contaminants in that they are endogenous to the horse or that they can arise from plants traditionally grazed or harvested as equine feed or are present in equine feed because of contamination during the cultivation, processing, treatment, storage, or transportation phases. It is also recognized that there are drugs of human use and addiction and which could be found in the horse due to its close association with humans. Therefore, if an owner/trainer wishes to contest a positive test by presenting a defense that the test is the result of environmental contamination or inadvertent exposure due to human drug use, he or she must prove such defense by a preponderance of evidence presented in a hearing. If an owner/trainer proves such defense by a preponderance of evidence, it may be considered as a mitigating factor in any disciplinary action taken against the affected owner/trainer.

49.10.b. Disciplinary action shall only be taken if test sample results exceed the regulatory thresholds in the Association of Racing Commissioners International Endogenous, Dietary, or Environmental Substances Schedule, Version 4.1, contained in table 178-1G at the end of this rule.

49.11. Androgenic-Anabolic Steroids (AAS). The following provisions apply to androgenic-anabolic steroids (AAS):

49.11.a. No AAS shall be permitted in test samples collected from racing horses except for residues of the major metabolite of stanozolol, nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the indicated thresholds.

49.11.b. Concentrations of these AAS shall not exceed the following threshold concentrations for total (i.e., free drug or metabolite and drug or metabolite liberated from its conjugates):

49.11.b.1. In urine:

49.11.b.1.A. 16β-hydroxystanozolol (metabolite of stanozolol (Winstrol)) -- 1 ng/ml in urine for all horses regardless of sex;

49.11.b.1.B. Boldenone (Equipoise® is the undecylenate ester of boldenone) in male horses other than geldings -- 15 ng/ml in urine. No boldenone shall be permitted in geldings or female horses;

49.11.b.1.C. Nandrolone (Durabolin® is the phenylpropionate ester and Deca-Durabolin® is the decanoate ester):

49.11.b.1.C.1. In geldings -- 1 ng/ml in urine;

49.11.b.1.C.2. In fillies and mares -- 1 ng/ml in urine.

49.11.b.1.D. Testosterone:

49.11.b.1.D.1. In geldings -- 20 ng/ml in urine;

49.11.b.1.D.2. In fillies and mares -- 55 ng/ml in urine;

49.11.b.2. In plasma:

49.11.b.2.A. Stanozolol -- Screening limit no greater than 100 pg/ml in serum or plasma with a confirmatory threshold no greater than 25 pg/ml for all horses regardless of sex;

49.11.b.2.B. Boldenone -- Screening limit no greater than 100 pg/ml in serum or plasma with a confirmatory threshold no greater than 25 pg/ml for all horses regardless of sex;

49.11.b.2.C. Nandrolone -- Screening limit no greater than 100 pg/ml in serum or plasma with a confirmatory threshold no greater than 25 pg/ml for geldings and fillies and mares. Male horses other than geldings will not be tested;

49.11.b.2.D. Testosterone:

49.11.b.2.D.1. In geldings -- Screening limit no greater than 100 pg/ml in serum or plasma with a confirmatory threshold no greater than 25 pg/ml;

49.11.b.2.D.2. In fillies and mares -- Screening limit no greater than 100 pg/ml in serum or plasma with a confirmatory threshold no greater than 25 pg/ml;

49.11.b.2.D.3. In male horses other than geldings -- confirmatory threshold no greater than 2,000 pg/ml.

49.11.c. Any other anabolic steroids are prohibited in racing horses.

49.11.d. If a test on a horse exceeds the above-referenced thresholds for Boldenone, Nandrolone or Testosterone and the owner/trainer of the horse desires to have further testing to determine whether or not there is reliable proof that the amount found in the horse is naturally occurring, the owner/trainer may request that such testing be undertaken and the owner shall bear the costs of the additional testing.

49.11.e. Post-race urine and blood samples must have the sex of the horse identified to the laboratory.

49.11.f. Any horse to which an anabolic steroid has been administered in order to assist in the recovery from illness or injury may be placed on the veterinarian’s list in order to monitor the concentration of the drug or metabolite in urine. After the concentration has fallen below the designated threshold for the administrated AAS, the horse is eligible to be removed from the list.

49.12. Alkalinizing Substances. The use of agents that elevate the horse’s TCO2 or base excess level above those existing naturally in the untreated horse at normal physiological concentrations is prohibited. The following levels also apply to blood gas analysis:

49.12.a. The regulatory threshold for TCO2 in non-furosemide (lasix®) treated horses is 37.0 millimoles per liter of plasma/serum or a base excess level of 10.0 millimoles;

49.12.b. The regulatory threshold for TCO2 in furosemide (lasix®) treated horses is 39.0 millimoles per liter of plasma/serum or a base excess level of 12.0 millimoles; and

49.12.c. The measure of uncertainty in testing for TCO2 shall be .4 millimoles per liter of plasma/serum. A horse must show a base excess level of 10.4 millimoles or higher for non-furosemide (lasix®) treated horses and a base excess level of 12.4 millimoles or higher for a furosemide (lasix®) treated horse, in order for a violation to be reported under this rule.

49.13. Compounded Medications on Association Grounds. The following provisions apply to compounded medications on association grounds.

49.13.a. The possession or use of a drug, substance, or medication on association grounds that has not been approved by the appropriate federal agency (e.g., the United States Food and Drug Administration) for any use in (human or animal) is forbidden without prior permission of the Racing Commission or its designee.

49.13.b. It is a violation of this regulation to possess, use, or distribute a compounded medication on association grounds if there is an FDA approved equivalent of that substance available for purchase. A difference in available formulations or concentrations does not alleviate the need to use FDA approved products.

49.13.c. It is a violation of this rule to possess, use, or distribute a compounded medication on association grounds made from bulk substances if an FDA approved equivalent is available for purchase.

49.13.d. Combining two or more substances with pharmacologic effect constitutes the development of a new drug. This may only be done in accordance with state and local laws and must contain FDA approved medications, if available.

49.13.e. Veterinary drugs shall be compounded in accordance with all applicable state and federal laws. Compounded medications shall be dispensed only by prescription issued by a licensed veterinarian to meet the medical needs of a specific horse and for use only in that specific horse.

49.13.f. All compounded medications must be labeled in accordance with subdivision 49.5.b. of this rule.

49.13.g. Possession of an improperly labeled product by a person on association grounds is considered a violation of this rule.

49.14. Out of Competition Testing. The following provisions apply to out of competition testing:

49.14.a. The Racing Commission may at a reasonable time on any date take blood, urine or other biologic samples from a horse to enhance the ability of the Commission to enforce its medication and anti-doping rules, e.g., the Association of Racing Commissioners International (RCI) Prohibited List set forth in Table 178-1 I at the end of this rule. The Commission shall own such samples. This rule authorizes only the collection and testing of samples and does not independently make impermissible the administration to or presence in any horse of any drug or other substance. A race day prohibition or restriction of a substance by a Commission rule is not applicable to an out of competition test unless there is an attempt to race the horse in a manner that violates such rule.

49.14.b. Any horse that has been engaging in activities related to competing in horse racing in West Virginia may be tested. This includes without limitation any horses that are training outside of West Virginia to participate in racing in West Virginia and all horses that are training in West Virginia, but excludes weanlings, yearlings and horses no longer engaged in horse racing (e.g., retired broodmares).

49.14.c. A horse is presumed to be eligible for out of competition testing if:

49.14.c.1. It is under the care, custody, or control of a trainer holding an occupational permit;

49.14.c.2. It is owned by an owner holding an occupational permit;

49.14.c.3. It is entered or nominated to race at licensed racetrack in West Virginia;

49.14.c.4. It has raced at a licensed racetrack in West Virginia within the previous twelve (12) months;

49.14.c.5. It is on the grounds of a licensed racetrack or training facility in West Virginia; or

49.14.c.6. It is eligible to participate in the West Virginia Thoroughbred Development Fund, the Accredited Race Fund, the Supplemental Purse Award Program or any other thoroughbred fund or program administered by the Racing Commission.

49.14.d. The eligibility presumptions set forth above are conclusive in the absence of evidence that a horse is not engaged in activities related to competing in horse racing in the jurisdiction.

49.14.e. Horses to be tested may be selected at random, with probable cause, or as determined in the discretion of the Racing Commission, a Racing Commission Veterinarian, the stewards, the Executive Director, or their respective designees.

49.14.f. Collectors shall, for suspicion-less collections of samples, abide by a plan that has been approved by a supervisor not in the field and that identifies horses or provides neutral and objective criteria to follow in the field to determine which horses to sample. Such a supervisor may consider input from persons in the field during the operation of the plan and select additional horses to be sampled.

49.14.g. Persons holding permits issued by the Racing Commission are required to cooperate and comply fully with the provisions of this out of competition testing rule.

49.14.h. Persons who apply for and are granted a trainer or owner permit shall be deemed to have given their consent for access at such premises as their horses may be found for the purpose of Racing Commission representatives collecting out of competition samples. Permit holders shall take any steps necessary to authorize access by Commission representatives at such premises.

49.14.i. No person shall knowingly interfere with or obstruct out of competition sampling.

49.14.j. Samples shall be taken under the supervision and direction of a person who is employed or designated by the Racing Commission. All blood samples shall be collected by a veterinarian licensed in the state where the sample is collected, or by a veterinary technician who is acting under appropriate supervision of the veterinarian.

49.14.k. Upon request of a representative of the Commission, the trainer, owner or their specified designee shall provide the location of their horses eligible for out of competition testing.

49.14.l. The Commission need not provide advance notice before arriving at any location, whether or not licensed by the Commission, to collect samples.

49.14.m. The trainer, owner, or their specified designee shall cooperate with the person who takes the samples for the Racing Commission, which cooperation shall include without limitation:

49.14.m.1. Assist in the immediate location and identification of the horse;

49.14.m.2. Make the horse available as soon as practical upon arrival of the person who is responsible for collecting the samples;

49.14.m.3. Provide a stall or other safe location to collect the samples;

49.14.m.4. Assist the person who is collecting the samples in properly procuring the samples; and,

49.14.m.5. Witness the taking of the samples including the sealing of sample collection containers.

49.14.n. The management and employees of a licensed racetrack or training facility at which a horse may be located shall cooperate fully with a person who is authorized to take samples. The person who collects samples for the Commission may require that the collection be done at a specified location on such premises.

49.14.o. The Commission, if requested and in its sole discretion, may permit the trainer, owner, or their specified designee to present a horse that is located in West Virginia, but not at a racetrack or training center licensed by the Commission, to be sampled at a time and location designated by the Commission.

49.14.p. The Commission may arrange for the sampling of an out-of-state horse by the racing commission or other designated person in the jurisdiction where the horse is located. Such racing commission or other designated person shall follow the relevant provisions of this rule related to the procedures for collecting samples.

49.14.q. Out of competition test results shall be made available, for their regulatory use, to each jurisdiction that has participated in the process of collecting any out of competition sample, subject to any restrictions on public disclosure of test results that may apply to the commission that selected the horse for sampling.

49.14.r. The Commission, if requested and in its sole discretion, may permit the trainer or owner instead to transport a horse into its jurisdiction for sampling at a time and place designated by the Commission.

49.14.s. 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.

49.14.t. A written protocol for the collection of samples shall be made generally available.

49.14.u. An owner or trainer does not consent to a search of the premises by making a horse that is not located at a licensed racetrack or training center available for sampling.

49.14.v. If the trainer or other custodian of a selected horse refuses or declines to make a horse available for sampling and the managing owner has previously provided the Commission with a means for the Commission to give immediate notification to the managing owner in such situation, then the Commission shall attempt to notify the managing owner and the eligibility of the horse shall be preserved if the managing owner is able to make the horse available for immediate sampling. The Commission is not required to make repeated attempts to notify the managing owner.

49.14.w. The chain of custody record for the sample (including a split sample where appropriate) shall be maintained and made available to the trainer, owner, or their designee when a complaint results from an out of competition test.

49.14.x. The Commission may have out of competition samples tested to produce information that may enhance the ability of the Commission to enforce its medication and anti-doping rules.

49.14.y. Split sample rules and procedures and procedures for post-race testing shall apply to out of competition testing.

49.14.z. The Commission may use any remaining out of competition samples for research and investigation.

49.14.aa. Willful failure to make a horse available for sampling or other willfully deceptive acts or interference in the sampling process shall carry a minimum penalty of a one (1) year permit suspension and referral to the Commission in addition to any other authorized penalties.

49.14.bb. A selected horse that is not made available for out of competition sampling shall be placed on the stewards’ list. The horse shall remain on the stewards’ list for a minimum of 180 days unless the owner can establish extraordinary mitigating circumstances.

49.14.cc. A selected horse that is presumed eligible for out of competition testing shall be placed on the stewards’ list and be ineligible to race in West Virginia for 180 days if the horse is not sampled because the trainer, owner or their designee asserts that the horse is not engaged in activities related to competing in horse racing in West Virginia. This restriction shall not apply if the trainer, owner or their designee instead permits voluntarily an immediate collection of such samples from the horse.

49.14.dd. 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.

49.14.ee. If the horse is sampled while not the grounds of a licensing training facility or racetrack, then the owner shall be presumed to be the responsible person unless the owner can establish, by substantial evidence, that another racing permit holder had accepted the responsibility for the care, custody, and control of the horse, making such person the responsible person.

49.14.ff. If a horse sampled for an out of competition test was claimed, sold, or otherwise transferred during the time the substance giving rise to the positive test may have been administered, then the Racing Commission shall investigate to determine, by a preponderance of the evidence, the identity of the responsible person at the time such substance may have been administered.

49.14.gg. 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 such time as is necessary to protect the integrity of racing.

49.14.hh. A claimed horse is ineligible to be subjected to out of competition testing in the forty-eight (48) hours post claim unless the horse was subjected to post-race testing.

49.15. American Graded Stakes Races. For any race in this state that has been issued a grade by the American Graded Stakes Committee, the stewards may allow the drug testing protocol established by the American Graded Stakes Committee to be followed in that race. The association shall notify the Racing Commission and the stewards upon the issuance of a grade for a race by the American Graded Stakes Committee so that the stewards may allow the appropriate drug testing protocol to be administered and enforced. A copy of the drug testing protocol in graded stakes races shall be published in the office of the association’s racing secretary.

W. Va. Code R. § 178-1-50 Testing

50.1. Reporting to the Test Barn. The following provisions apply to reporting to the test barn:

50.1.a. The official winning horse and any other horse ordered by the stewards shall be taken immediately after a race to the test barn to provide specimens of urine, blood or other bodily substances or tissues at the direction of a Racing Commission veterinarian.

50.1.b. After each race, security personnel shall maintain uninterrupted observation of the horse or horses to be tested from the unsaddling area and/or the racetrack to the test barn.

50.1.c. The stewards or a Racing Commission veterinarian(s) may require at any time that any horse be sent to the test barn to provide specimens of urine, blood, or other bodily substances or tissues, as well as for an examination for sponging, and any other examination as may be directed by the stewards or a Racing Commission veterinarian.

50.1.d. The stewards or a Racing Commission veterinarian may also require any horse stabled at a racetrack to provide specimens of urine, blood, or other bodily substances or tissues.

50.1.e. A Racing Commission veterinarian or the stewards may authorize a horse to return to its barn under security for the purpose of collecting specimens.

50.1.f. A security guard shall monitor access to the test barn during its operation. The security guard shall require all persons entering the test barn to sign in and sign out on a log to be maintained at the test barn.

50.1.g. No more than two (2) persons shall accompany the horse into the test barn. Such persons must hold occupational permits issued by the Racing Commission and must have a legitimate reason for being in the test barn area. No horse or persons accompanying it shall be permitted to leave the test barn until the specimens have been obtained or until they have been otherwise excused by a Racing Commission veterinarian.

50.1.h. Once any person accompanying a horse into the test barn has departed the test barn, he or she shall not be permitted to reenter, unless reentering to attend to a different horse. This prohibition does not apply to the trainer of a horse in the test barn, the Racing Commission veterinarian(s), practicing veterinarians attending to horses in the test barn, or other Racing Commission personnel.

50.1.i. All veterinary technicians or assistants collecting specimens shall remain in the test barn after the arrival of the first horse until they have completed their duties, unless excused by a Racing Commission veterinarian.

50.1.j. Random or extra testing may be required by the stewards or the Commission at any time on any horse on association grounds.

50.2. Laboratory Minimum Standards. Laboratories conducting either primary or split post-race sample analysis must meet the following minimum standards:

50.2.a. Testing laboratories selected by the Racing Commission to engage in either primary or split post-race specimen or sample analysis shall be accredited by the Racing Medication Testing Consortium (RMTC) and shall make all reports directly to the executive director of the Racing Commission and the chief steward at the appropriate racetrack.

50.2.b. In order for a testing laboratory to be selected by the Racing Commission to engage in split post-race specimen or sample analysis, it shall establish reasonable fees for split sample testing based on its actual cost of testing.

50.3. Specimen Collection. The following provisions apply to specimen collection:

50.3.a. Specimen collection shall be done in accordance with the guidelines and instructions provided by a Racing Commission veterinarian.

50.3.b. The Racing Commission veterinarian shall determine a minimum specimen requirement for the primary testing laboratory.

50.3.c. If the urine specimen obtained from a horse is less than the minimum sample requirement, the entire specimen shall be sent to the primary testing laboratory and the results of tests performed on the specimen shall be considered prima facie evidence of the condition of the horse.

50.3.d. If a urine specimen obtained is greater than the minimum sample requirement but less than twice that amount, the portion of the sample that is greater than the minimum sample requirement shall be secured as the split sample.

50.3.e. If a urine specimen obtained is greater than twice the minimum sample requirement, a portion of the sample approximately equal to the amount provided for the primary testing laboratory shall be secured as the split sample.

50.3.f. A minimum of two (2) blood specimens shall be collected in blood collection tubes. A minimum of one blood specimen shall be sent to the primary testing laboratory and the remaining sample or samples shall be retained and/or distributed, as appropriate, by a Racing Commission veterinarian.

50.3.g. All blood specimens shall be refrigerated and all urine specimens shall be frozen. The racing association shall pay all laboratory expenses for blood and urine analysis.

50.3.h. Specimens of other bodily substances or tissues may be collected and forwarded to the primary testing laboratory by a Racing Commission veterinarian or his or her designee. The Racing Commission shall pay all laboratory expenses for analysis of such bodily substances or tissues.

50.3.i. Any specimen collected from a horse, and all reports of any testing of these specimens, is the property of the Racing Commission.

50.3.j. The owner, trainer, or other authorized representative shall be present when a specimen is taken from his or her horse. The owner, trainer or other authorized representative shall remain until the specimen is sealed and shall sign the official form as witness to the taking of the specimen. Failing to be present when taking any specimen or refusal to allow the taking of any specimen by any means shall subject the person or persons guilty of violating this rule to summary suspension of their occupational permit by the stewards.

50.3.k. All specimens taken by or under direction of the Racing Commission veterinarian or other authorized representative of the Racing Commission shall be delivered to the primary testing laboratory for analysis. Each specimen shall be marked and bear any information that is essential to its proper analysis. However, the identity of the horse from which the specimen was taken or the identity of its owner, trainer, jockey or stable shall not be revealed to the primary testing laboratory. The container of each specimen shall be sealed as soon as the specimen is placed in it.

50.3.l. Blood samples for split sample analysis shall be centrifuged and the plasma separated and frozen before shipment to the split sample testing laboratory.

50.3.m. If the split sample testing laboratory determines that there is insufficient sample volume to make a specific identification of the sample contents, or if events beyond the control of the Racing Commission or its representatives prevent the split sample from being tested, then the results of tests performed by the primary laboratory shall be considered prima facie evidence of the condition of the horse.

50.3.n. If the results of the initial test on a specimen are negative, a Racing Commission veterinarian may discard the retained part of the specimen upon receipt of the negative result. If the result of the initial test on a specimen is positive, a Racing Commission veterinarian may discard the retained part of the specimen after the expiration of the period during which an owner or trainer may request the retained part be sent for split testing.

50.3.o. The primary testing laboratory shall reveal the identity of the drug or drug metabolites to the split sample laboratory. Communication between the primary and split laboratory is limited to the exchange of the analytical method and the threshold level used to confirm the drug’s identity.

50.3.p. The results of all tests performed by the primary testing laboratory are confidential and shall only be communicated to the chief steward, who shall notify the trainer in a timely manner.

50.3.q. A Racing Commission veterinarian, the stewards, or authorized representatives of the Racing Commission may take samples of any medications or other materials suspected of containing improper medication or drugs which may be found in the stables or elsewhere on association grounds, or in the possession of any person connected with racing. A Racing Commission veterinarian shall deliver the sample of any medication or other materials suspected of containing improper medication to the primary testing laboratory for analysis under the same conditions as are prescribed for analysis of other specimens. The stewards may retain the sample.

50.3.r. No action shall be taken by the stewards on the report of the primary testing laboratory unless and until the medication or drug has been properly identified along with the identity of the horse from which the specimen was taken; nor until such time as an official report issued by the primary testing laboratory has been received by the chief steward at the appropriate racetrack.

50.4. Alkalinizing Substances. The following provisions apply to the testing for alkalinizing substances:

50.4.a. The stewards or a Racing Commission veterinarian may, at their discretion and at any time, order the collection of specimens from any horse present on association grounds for determination of serum or plasma pH or concentration of bicarbonate, carbon dioxide, or electrolytes.

50.4.b. Pre-race specimen collection and pre-race testing may be done at a time and manner directed by a Racing Commission veterinarian.

50.4.c. Pre-race specimen collection and post-race testing may be done at a time and manner directed by a Racing Commission veterinarian. Pre-race specimens collected for post-race testing may be ordered by a Racing Commission veterinarian not to be frozen to ensure effective and reliable testing.

50.4.d. Post-race specimen collection and post-race testing may be done at a time and manner directed by a Racing Commission veterinarian.

50.4.e. If a TCO2 specimen is collected post-race, it shall be taken from the horse no sooner than ninety minutes after racing.

50.4.f. Subsection 50.3 of this rule pertaining to specimen collection and subsection 50.5 of this rule pertaining to storage and shipment of split samples shall not apply to specimens collected for the testing for alkalinizing substances.

50.5. Storage and Shipment of Split Samples. The following provisions apply to the storage and shipment of split samples:

50.5.a. Split samples obtained from the horse shall be secured by a Racing Commission veterinarian and made available for further testing in accordance with the following procedures:

50.5.a.1. A Racing Commission veterinarian shall secure a split sample in the test barn under the same manner as the portion of the specimen acquired for shipment to the primary testing laboratory until the time that specimens are packed and secured for shipment to the primary testing laboratory. The Racing Commission veterinarian shall store the split urine sample in a freezer and the split blood sample in a refrigerator at secure location(s) approved by the Racing Commission;

50.5.a.2. A freezer and refrigerator for storage of split samples shall be opened only for depositing or removing split samples, for inventory, or for checking the condition of samples; and

50.5.a.3. A Racing Commission veterinarian shall immediately report any evidence of a malfunction of a split sample freezer/refrigerator or samples that are not in a frozen/refrigerated condition during storage to the stewards or a designated Racing Commission representative.

50.5.b. A trainer or owner of a horse, after notification that a written report from the primary testing laboratory states that a prohibited substance or illegal level of a permitted substance has been found in a specimen obtained pursuant to this rule, may request that a split sample corresponding to the portion of the specimen tested by the primary testing laboratory be sent for testing by a testing laboratory that is identified on the list of approved laboratories maintained by the Racing Commission.

50.5.c. Prior to shipment, the representative of the Racing Commission shall confirm the split sample laboratory's willingness to provide the testing requested, the laboratory's willingness to send results to the chief steward and arrangements for payment satisfactory to the split sample laboratory.

50.5.d. The request shall be made in writing and delivered to the stewards not later than seventy-two (72) hours after the trainer of the horse receives written notice of the findings of the primary testing laboratory. A Racing Commission veterinarian shall ship any requested split samples within seven (7) business days of the request.

50.5.e. The trainer or owner may elect to waive his or her right to testing of a split sample. If a trainer desires to waive the right to test the split sample, he or she shall procure prior written authorization from his or her owner to waive that right.

50.5.f. The owner or trainer of a horse who submits a specimen for drug testing shall be present or have a representative present at the time that the retained part of the specimen is prepared for storage.

50.5.g. The owner or trainer of a horse who submits a specimen for testing to a split sample laboratory shall, if requested by the laboratory, execute a hold harmless agreement for the split sample laboratory, and shall execute an agreement that the results of the split sample laboratory can be introduced as evidence in any hearing. The agreements shall remain in the hands of the chief steward of the racetrack at which the positive result was reported.

50.5.h. The owner or trainer requesting testing of a split sample is responsible for the cost of shipping and testing. Failure of the owner, trainer or designee to appear at the time and place of shipping designated by a Racing Commission veterinarian constitutes a waiver of all rights to split sample testing.

50.5.i. Prior to opening the split sample freezer/refrigerator, the Racing Commission shall provide a split sample chain of custody verification form that shall provide a place for recording the following information and any other information received by a Racing Commission veterinarian. The representative of the Racing Commission shall fully complete the form during the retrieval, packaging, and shipment of the split sample. The split sample chain of custody form shall contain:

50.5.i.1. the date and time the sample is removed from the split sample freezer/refrigerator;

50.5.i.2. the sample number;

50.5.i.3. the address where the split sample is to be sent;

50.5.i.4. the name of the carrier and the address where the sample is to be taken for shipment;

50.5.i.5. verification of retrieval of the split sample from the freezer/refrigerator;

50.5.i.6. verification of each specific step of the split sample packaging in accordance with the recommended procedure;

50.5.i.7. verification of the address of the split sample laboratory on the split sample package;

50.5.i.8. verification of the condition of the split sample package immediately prior to transfer of custody to the carrier; and

50.5.i.9. the date and time custody of the sample is transferred to the carrier.

50.5.j. A Racing Commission representative, in the presence of the owner or trainer, or his or her designee, shall remove a split sample from the split sample freezer/refrigerator.

50.5.k. The Racing Commission representative shall pack the split sample for shipment in the presence of the owner, or trainer, or designee in accordance with the packaging procedures set forth in this rule. A form shall be signed by both the owner or trainer or his or her designee and the Racing Commission representative to confirm the packaging of the split sample. The exterior of the package shall be secured and identified with initialed tape, evidence tape, or other means to prevent tampering with the package.

50.5.l. The package containing the split sample shall be transported to the location where custody is transferred to the delivery carrier charged with delivery of the package to the Racing Commission approved laboratory selected by the owner, trainer, or their designee.

50.5.m. The owner or trainer or designee and the Racing Commission representative shall inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.

50.5.n. The split sample chain of custody verification form shall be completed and signed by the representatives of the Racing Commission and the owner or trainer or designee. A Racing Commission representative shall keep the original and provide a copy for the owner or trainer.

50.5.o. The owner, trainer, or their designee shall not correspond with the split sample testing laboratory, once the sample has been shipped to the laboratory.

50.5.p. The split sample laboratory shall send a confidential written report on the result of its tests to the chief steward.

50.5.q. No action shall be taken against the trainer or owner if the results of the split sample testing are negative or, in the instance of quantitative levels of permitted medications, where the confirmed levels are within the permitted levels.

50.5.r. No hearing shall be held concerning the allegations against the trainer or owner, nor shall purse redistribution take place, until split sample testing has been completed and the results of the primary testing laboratory have been confirmed.

50.5.s. The owner or trainer shall be notified in writing of the results of the primary and split sample testing laboratories when confirmation of positives exist. When quantitative levels of permitted medications exceed the permitted levels, the level of the confirming laboratory, if lower than the primary testing laboratory report, shall be used as the basis for a violation and penalty.

W. Va. Code R. § 178-1-51 Trainer Responsibility

51.1. The following provisions apply to the responsibilities of the trainer as they specifically relate to the health and well being of horses in his or her care, custody or control:

51.1.a. The trainer is the absolute insurer of and responsible for the condition of the horses he or she enters in an official workout or a race, regardless of the acts of third parties. If testing or analysis of urine, blood or other bodily substances or tissues prove positive showing the presence of any prohibited drug, medication or substance, the trainer of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined. In addition, the owner of the horse, the foreman in charge of the horse, the groom and any other person shown to have had the care, or attendance of the horse may be fined, suspended, have his or her occupational permit revoked, be prohibited access to all grounds under the jurisdiction of the Racing Commission, or may be otherwise disciplined.

51.1.b. The trainer is responsible for:

51.1.b.1. maintaining the assigned stable area in a clean, neat, and sanitary condition at all times;

51.1.b.2. keeping all hay, grain, and other feed covered and in a sanitary manner;

51.1.b.3. ensuring that fire prevention rules are strictly observed in the assigned stable area;

51.1.b.4. the proper identity, custody, care, health, condition, and safety of horses in his or her charge;

51.1.b.5. ensuring that at the time of arrival at locations under the jurisdiction of the Commission a valid health certificate and a valid negative Equine Infectious Anemia (EIA) test certificate accompany each horse and which, where applicable, shall be filed with the association’s racing secretary;

51.1.b.6. having each horse in his or her care that is racing, or is stabled on association grounds, tested for Equine Infectious Anemia (EIA) in accordance with state law and for filing evidence of the negative test results with the association’s racing secretary;

51.1.b.7. using the services of those veterinarians holding an occupational permit issued by the Racing Commission to attend horses that are on association grounds;

51.1.b.8. immediately reporting the alteration of the sex of a horse to the horse identifier and the association’s racing secretary no later than at the time of entry so that the information may recorded on the foal certificate;

51.1.b.9. promptly reporting to the association’s racing secretary and a Racing Commission veterinarian when a posterior digital neurectomy (heel nerving) is performed and ensuring that such fact is designated on its certificate of registration;

51.1.b.10. promptly notifying a Racing Commission veterinarian of any reportable disease and any unusual incidence of a communicable illness in any horse in his or her charge;

51.1.b.11. promptly reporting the serious injury and/or death of any horse at locations under the jurisdiction of the Racing Commission to the stewards and a Racing Commission veterinarian and compliance with subsection 52.2. of this rule governing racing soundness examinations;

51.1.b.12. maintaining a knowledge of the medication record and status of all horses in his or her care;

51.1.b.13. immediately reporting to the stewards and a Racing Commission veterinarian if he or she knows, or has cause to believe, that a horse in his or her custody, care, or control has received any prohibited drugs or medication;

51.1.b.14. ensuring the fitness of a horse to perform creditably at the distance entered;

51.1.b.15. ensuring that every horse he/she has entered to race is present at its assigned stall for a pre-race soundness inspection;

51.1.b.16. ensuring that his or her horses are properly shod, bandaged, and equipped;

51.1.b.17. attending the collection of a specimen of urine, blood or other bodily substances or tissue or delegating such responsibility to an employee holding an occupational permit or to the owner; and

51.1.b.18. maintaining accurate records, or expressly delegating the maintenance of accurate records to a practicing veterinarian, of all corticosteroid joint injections to horses trained by him or her, and making such records available to a Racing Commission veterinarian upon request.

W. Va. Code R. § 178-1-52 Physical Inspection of Horses

52.1. Assessment of Racing Condition. The stewards and/or a Racing Commission veterinarian may order an examination at any time of any horse entered for a race or which has run in a race.

52.2. Pre-Race Examinations. The following provisions apply to pre-race examinations:

52.2.a. As required by subdivision 18.1.h. of this rule, one or more Racing Commission veterinarians shall conduct pre-race examinations on all potential starters on race day.

52.2.b. It shall be the trainer’s responsibility to ensure that a horse that is a potential starter is on association grounds and in its assigned stall or at the pre-race examination area designated by a Racing Commission veterinarian for pre-race examination at least (4) four hours before post time of the race in which it is scheduled to start.

52.2.c. The trainer or his or her designee shall be present with the horse at the time specified in subdivision 52.2.b. of this rule for the pre-race examination and shall remain with the horse until the pre-race examination is completed.

52.3. Veterinarians’ List. The following provisions apply to the veterinarians’ list:

52.3.a. The Racing Commission veterinarian(s) shall maintain the veterinarians’ list of all horses which are determined to be unfit to compete in a race due to illness, physical distress, unsoundness, injury, infirmity, heat exhaustion, positive test or overage, administration of a medication invoking a mandatory stand down time, administration of shock wave therapy, positive out of competition test, or any other assessment or determination by a Racing Commission veterinarian that the horse is unfit to race.

52.3.b. Horses so listed are ineligible to start in a race in any jurisdiction until released by an official veterinarian or racing veterinarian except where there is an unforseen administrative issue in removing the horse from the veterinarians’ list of another racing jurisdiction.

52.3.c. A horse may be removed from the veterinarians’ list when, a minimum of five (5) days have passed from the time the horse was place on the veterinarians’ list.

52.3.d. A horse placed on the veterinarians’ list when it is unfit to compete in a race due to illness, unsoundness, injury, or any other assessment or determination by a Racing Commission veterinarian that warrants withdrawal from the race, shall be removed from the list only after the following has been met:

52.3.d.1. In the case of illness, it has been established or demonstrated to the satisfaction of a Racing Commission veterinarian that the horse is serviceably sound and in fit condition to exert its best effort in a race or it can pass the pre-race examination by a Racing Commission veterinarian;

52.3.d.2. In the case of unsoundness, injury, or any other assessment or determination by a Racing Commission veterinarian that warrants withdrawal from the race, the provision of a published work of a minimum of four (4) furlongs at 0:52 observed by a Racing Commission veterinarian for horses that are listed as unsound or lame or other reasons as may be required at the discretion of a Racing Commission veterinarian. Prior to such work a declaration in writing must be provided by the attending veterinarian as to the fitness of the subject horse; and

52.3.d.3. submission to a post-work biologic sample collection for laboratory confirmation for compliance with section 49 of this rule at the expense of the current owner. Violations of section 49 of this rule shall result in penalties consistent with the penalty provisions of this rule.

52.3.e. A horse placed on the veterinarians’ list for a positive test or overage, administration of a medication invoking a mandatory stand down time, administration of shock wave therapy, positive out of competition test or any other veterinary administrative withdrawal shall be removed from the list only after the following have been met:

52.3.e.1. it has been established or demonstrated to the satisfaction of a Racing Commission veterinarian that the horse is serviceably sound and in fit physical condition to exert its best effort in a race or pass the pre-race examination by a Racing Commission veterinarian; and

52.3.e.2. in the discretion of a Racing Commission veterinarian, the provision of a published work of a minimum of four (4) furlongs at 0:52 observed by a Racing Commission veterinarian and submission of a post-work biologic sample collection for laboratory confirmation for compliance with section 49 of this rule at the expense of the current owner. Violations of section 49 of this rule shall result in penalties consistent with the penalty provisions of this rule.

52.4. Post-Mortem Examinations. The following provisions apply to post-mortem examinations:

52.4.a. A thoroughbred which suffers a breakdown on the race track, in training or in competition, and is euthanized, and every other thoroughbred which expires while stabled on a racetrack under the jurisdiction of the Racing Commission, may, in the discretion of a Racing Commission veterinarian, undergo an examination at a time and place acceptable to a Racing Commission veterinarian to determine the injury or sickness which resulted in euthanasia or death.

52.4.b. The examination allowed under this subsection will be conducted by a qualified professional selected by the Racing Commission or its designees.

52.4.c. Test specimens may be obtained from the expired or euthanized thoroughbred upon which the examination is conducted and may be sent to the primary testing laboratory for testing for foreign substances and natural substances at abnormal levels. When practical, specimens should be procured prior to euthanasia.

52.4.d. The Racing Commission shall be responsible for paying the costs of the examination conducted by its selected qualified professional. The Racing Commission shall also bear the costs of testing for foreign substances and natural substances at abnormal levels, if any such costs are incurred in connection with an examination. If any additional costs are incurred in connection with preserving and/or transporting an expired or euthanized thoroughbred for examination, the Racing Commission shall also bear those costs. If the owner of the deceased thoroughbred desires to have an examination and/or testing conducted independently of the examination and/or testing conducted by professionals selected by the Racing Commission, he or she shall bear the costs of such independent examination and/or testing.

52.4.e. A record of an examination performed by the qualified professional selected by the Racing Commission shall be filed with the Racing Commission within 72 hours of the death or within such other period approved by the Racing Commission. A record of an examination performed at the request of the owner of the deceased thoroughbred shall be filed with the Racing Commission within such period of time as ordered by the Racing Commission.

52.5. Compliance. Each owner and trainer shall comply with this section as a requisite for maintaining the occupational permit issued by the Racing Commission.

W. Va. Code R. § 178-1-53 Isolation/Quarantine

53.1. In case of any illness or unusual symptoms of illness in a horse which may be considered to be contagious, a Racing Commission veterinarian and/or the Commissioner of Agriculture have the authority to determine whether or not it is necessary to isolate or quarantine a horse. The decision of the Racing Commission veterinarian and/or the Commissioner of Agriculture with reference to the necessity of isolating any horse is binding upon the trainer and owner of the horse.

53.2. The reasonable cost and expense of isolation, including boarding and medical care, shall be borne by the owner or trainer of the horse during the period of isolation.

53.3. In the event of the positive diagnosis of any infectious disease, the diagnosed horse shall remain isolated and quarantined for a period of time determined by the Racing Commission veterinarian and/or the Commissioner of Agriculture.

53.4. No horse shall be removed from quarantine without permission of a Racing Commission veterinarian and/or the Commissioner of Agriculture.

53.5. The Racing Commission veterinarian shall immediately report all quarantines and removal from quarantines to the stewards.

PART 9. WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND

AND ACCREDITED RACE FUND.

W. Va. Code R. § 178-1-54 Eligibility

54.1. A copy of The Jockey Club certificate of foal registration shall be attached to the West Virginia bred or sired registration form as a requirement to participate in the West Virginia thoroughbred development fund.

54.2. Non-resident mares foaling in West Virginia shall be inspected and the owner of the non-resident mare shall complete an affidavit to be supplied by the Racing Commission.

54.3. All West Virginia bred, sired or raised horses shall be registered with the West Virginia thoroughbred breeders association to be eligible to participate in any phase of the West Virginia thoroughbred development fund.

W. Va. Code R. § 178-1-55 Accredited Race Fund

55.1. To qualify for the West Virginia accredited race fund, the breeders must qualify under one of the following:

55.1.a. The breeder of the West Virginia bred foal is a West Virginia resident;

55.1.b. The breeder of the West Virginia bred foal is not a West Virginia resident, but keeps his or her breeding stock in West Virginia year-round, or

55.1.c. The breeder of the West Virginia bred foal is not a West Virginia resident and does not qualify under subdivision 55.1.b. above, but either the sire of the West Virginia bred foal is a West Virginia stallion, or the mare is covered only by a West Virginia accredited stallion or stallions before December 31 of the calendar year following the birth of that West Virginia bred foal.

TABLE 178-1 A

OCCUPATIONAL PERMIT FEES

(Effective for calendar year 2012 and thereafter)

Stable Name $40.00 Corporation $40.00 Vendor $40.00 Owner (with registration of colors)

Owner-Trainer (same person) $60.00 Trainer Assistant Trainer Jockey Apprentice Jockey Jockey Agent Practicing Veterinarian Veterinarian’s Assistant Blacksmith Authorized Agent (must apply for permit and pay permit fee for each person represented)

Mutuel Employee Photographers, totalisator, film patrol Stable Foreman Starter Assistant Starter Association Racing Secretary Association Assistant Racing Secretary Paddock Judge TABLE 178-1 A continued OCCUPATIONAL PERMIT FEES (Effective for calendar year 2012 and thereafter)

Horsemen’s Bookkeeper Clerk of Scales Clocker Timer Horse Identifier Jockey Room Custodian Placing Judge Outrider Stable Hand Concession Maintenance Groom Admission Pony Riders Parking Security Exercise Rider Video Lottery employees Others not specified TABLE 178-1 B JOCKEY MOUNT FEES Purse Winning Mount Second Place Mount Third Place Mount Fourth Place Mount Losing Mount Up to $5,999.00 $75.00 $70.00 $60.00 $60.00 $6,000.00 to $7,799.00 $85.00 $75.00 $70.00 $70.00 $7,800.00 to $9,999.00 $100.00 $80.00 $75.00 $70.00 $10,000.00 to $17,999.00 $85.00 $80.00 $75.00 $18,000.00 to $24,999.00 5% of Show Purse $85.00 $80.00 $25,000.00 to $49,999.00 5% of Show Purse $100.00 $95.00 $50,000.00 to $99,999.00 5% of Show Purse 5% of Fourth Purse $100.00 $100,000.00 and up 5% of Show Purse 5% of Fourth Purse $115.00 TABLE 178-1C REQUEST TO WEAR ADVERTISING AND PROMOTIONAL MATERIAL DATE OF ENTRY DATE OF RACE RACETRACK: ❑ CHARLES TOWN ❑ MOUNTAINEER RACE NUMBER NAME OF RACE (STAKES IF APPLICABLE)

DESCRIPTION OF MATERIAL TO BE WORN: (Use a separate sheet if necessary)

NAME OF ADVERTISER, PROMOTIONAL BRAND OR SPONSOR:

NAME OF JOCKEY WEARING THE MATERIAL: _______________________________ ________________________

Signature of the Jockey or Agent Date _______________________________ Title (if applicable)

APPROVAL OF OWNER OR DULY AUTHORIZED AGENT _____________________________ ______________________ _____________________________ Title TABLE 178-1 C continued REQUEST TO WEAR ADVERTISING AND PROMOTIONAL MATERIAL APPROVAL OF LICENSED RACING ASSOCIATION _____________________________ ______________________ _____________________________ Title APPROVAL OF THE STEWARDS The following are recommended penalties for violations due to the presence of a drug carrying a Category “A” penalty.

LICENSED TRAINER 1st Offense Minimum one (1) year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a three (3) year suspension.

Minimum fine of $10,000.00 or 10% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $25,000.00 or 25% of purse (greater of the two).

May be referred to the Racing Commission for any further action deemed necessary by the Commission. 2nd LIFETIME offense in any jurisdiction Minimum three (3) year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of permit revocation with no reapplication for a three (3) year period.

Minimum fine of $25,000.00 or 25% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $50,000.00 or 50% of purse (greater of the two).

May be referred to the Racing Commission for any further action deemed necessary by the Commission. 3rd LIFETIME offense in any jurisdiction Minimum five (5) year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of permit revocation with no reapplication for a five (5) year period.

Minimum fine of $50,000.00 or 50% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $100,000.00 or 100% of purse (greater of the two).

May be referred to the Racing Commission for any further action deemed necessary by the Commission.

LICENSED OWNER 1st Offense Disqualification and loss of purse.

Horse shall be placed on the veterinarian’s list for 180 days and must pass a Commission approved examination before becoming eligible to be entered. 2nd LIFETIME offense in owner’s stable in any jurisdiction Disqualification and loss of purse.

Horse shall be placed on the veterinarian’s list for 180 days and must pass a Commission approved examination before becoming eligible to be entered. 3rd LIFETIME offense in owner’s stable in any jurisdiction Disqualification, loss of purse and $50,000.00 fine.

Horse shall be placed on the veterinarian’s list for 180 days and must pass a Commission approved examination before becoming eligible to be entered.

Referral to the Commission with a recommended minimum suspension of 90 days.

The following are recommended penalties for violations due to the presence of a drug carrying a Category “B” penalty, or for the presence of more than one NSAID in a plasma/serum sample, subject to the provisions of Table 178-1 F of this rule, and for violations of the established levels for total carbon dioxide.

LICENSED TRAINER 1st offense Minimum 15 day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60 day suspension.

Minimum fine of $500.00 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $1,000.00. 2nd offense (365 day period in any jurisdiction)

Minimum 30 day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180 day suspension.

Minimum fine of $1,000.00 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $2,500.00. 3rd offense (365 day period in any jurisdiction)

Minimum 60 day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a one (1) year suspension.

Minimum fine of $2,500.00 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $5,000.00 or 5% of purse (greater of the two).

May be referred to the Racing Commission for any further action deemed necessary by the Commission.

LICENSED OWNER 1st offense Disqualification and loss of purse [in the absence of mitigating circumstances].

Horse must pass a Racing Commission approved examination before becoming eligible to be entered. 2nd offense in stable (365 day period in any jurisdiction)

Disqualification and loss of purse [in the absence of mitigating circumstances].

Horse must pass a Racing Commission approved examination before becoming eligible to be entered. 3rd offense in stable (365 day period in any jurisdiction)

Disqualification, loss of purse and in the absence of mitigating circumstances a $5,000.00 fine.

Horse shall be placed on the veterinarian’s list for 45 days and must pass a Racing Commission approved examination before becoming eligible to be entered.

The following are recommended penalties for violations due to the presence of a drug carrying a Category “C” penalty and overages for permitted NSAIDs and furosemide: (All concentrations are for measurements in serum or plasma.)

LICENSED TRAINER

Phenylbutazone (>2.0-5.0 mcg/ml)* Flunixin (>20-100 ng/ml)

Ketoprofen (>2-50 ng/ml)

Furosemide (>100 ng/ml) and/or no furosemide when identified as administered Phenylbutazone (>5.0 mcg/ml)

Flunixin (>100 ng/ml)

Ketoprofen (>50 ng/ml) and CLASS C VIOLATIONS 1st Offense (365-day period) in any jurisdiction Minimum of a written warning to a maximum fine of $500.00 Minimum fine of $1,000.00 absent mitigating circumstances 2nd Offense (365-day period) in any jurisdiction Minimum of a written warning to a maximum fine of $750.00 Minimum fine of $1,500.00 and 15-day suspension absent mitigating circumstances 3rd Offense (365-day period) in any jurisdiction Minimum fine of $500.00 and to a maximum fine of $1,000.00 Minimum fine of $2,500 and 30-day suspension absent mitigating circumstances LICENSED OWNER Phenylbutazone (>2.0-5.0 mcg/ml)* Flunixin (>20-100 ng/ml)

Ketoprofen (>2-50 ng/ml)

Furosemide (>100 ng/ml) and/or no furosemide when identified as administered Phenylbutazone (>5.0 mcg/ml)

Flunixin (>100 ng/ml)

Ketoprofen (>50 ng/ml) and CLASS C VIOLATIONS 1st Offense (365-day period) in any jurisdiction Horse may be required to pass a Racing Commission approved examination before being eligible to run.

Loss of purse in the absence of mitigating circumstances. Horse must pass commission-approved examination before being eligible to run. 2nd Offense (365-day period) in any jurisdiction Horse may be required to pass a Racing Commission approved examination before being eligible to run.

Loss of purse. If same horse, placed on veterinarian’s list for 45 days, must pass commission-approved examination before being eligible to run 3rd Offense (365-day period) in any jurisdiction Disqualification and loss of purse. Horse must pass Racing Commission approved examination before being eligible to run.

Loss of purse. Minimum $5,000.00 fine. If same horse, placed on veterinarian’s list for 60 days, must pass commission-approved examination before being eligible to run *If the trainer has not had more than one violation within the previous two years, the stewards are encouraged to issue a warning in lieu of a fine provided the reported level is below 3.0 mcg/ml, absent aggravating factors.

After a two year period, if the permit holder has had no further violations, any penalty due to an overage in the 2.0 - 5.0 category shall be expunged from the permit holder’s record for penalty purposes. _______________________________________________________________________________________________ The recommended penalty for a violation involving a drug that carries a Category “D” penalty is a written warning to the trainer and owner. Multiple violations may result in fines and/or suspensions.

MEDICAL AUTHORIZATION TO RETURN TO RIDE WHEN A JOCKEY HAS BEEN

REMOVED DUE TO A SUSPECTED CONCUSSION

I, ______________________, have examined the jockey ____________________________________ who was removed from riding due to exhibiting signs/symptoms/behaviors consistent with a concussion. I have examined this athlete, provided an appropriate return to riding, if necessary, and determined that the jockey is cleared to resume participation on this date: ________________________________.

Signature of Authorized Medical Professional: ______________________________________________________________________________ Date: _____________________________________________

Series 01A Determining The Organizations To Represent The Horsemen In The State

W. Va. Code R. § 178-1A-1 General

1.1. Type of Rule. -- This rule is a procedural rule as defined in W. Va. Code '29A-1-2.

1.2. Scope. -- This procedural rule provides the procedure to be followed when determining the organization that represents the majority of the horsemen at a racetrack in West Virginia.

1.3. Authority. -- This procedural rule is promulgated under the authority of W. Va. Code '19-23-6.

1.4. Filing Date. -- February 2, 1996.

1.5. Effective Date. -- March 4, 1996.

W. Va. Code R. § 178-1A-2 Interpretative Note

This procedural rule shall be read in pari materia with the Thoroughbred Racing legislative rule (178 C.S.R. 1, '1 et seq. ) previously promulgated by the West Virginia Racing Commission pursuant to authority granted by the Legislature. The definitions, policies and procedures provided in 110 C.S.R. 1, '1 et seq. are equally applicable to this procedural rule. Should there be any inconsistency between the promulgated legislative rule and this procedural rule, the legislative rule shall control, except to the extent the legislative rule does not reflect an amendment to the W. Va. Code which is addressed in this or another procedural rule promulgated by the West Virginia Racing Commission.

W. Va. Code R. § 178-1A-3 Definitions

Unless a specific definition is provided in this section, terms used in this rule are defined as provided in legislative rule 178 C.S.R. 1, '1 et seq. unless the context in which the term is used clearly requires a different meaning. Additionally, the following terms shall have the meaning ascribed herein, and shall apply in the singular as well as in the plural.

3.1. "Horsemen" means those owners and trainers who have a permit issued pursuant to W. Va. Code '19-23-2.

3.2. "Trainer" means the person who is responsible for the condition of the horse trained by him or her.

W. Va. Code R. § 178-1A-4 Petition

4.1. An organization may petition the Commission to hold an election for the purpose of obtaining recognition as the organization that represents the interests of a majority of the horsemen at a racetrack in West Virginia. The same procedure shall apply for any organization seeking to challenge the organization designated as the representative of a majority of the horsemen who hold the required permit at the track.

4.2. The petition shall be accompanied by the signature, printed name and license number of at least two hundred fifty (250) horsemen who are at the time the petition is signed licensed by the Commission and are eligible to vote pursuant to '178-1P1-8 of this rule. Each horseman who signs the petition shall do so no more than ninety (90) days prior to the petition being submitted to the Commission.

W. Va. Code R. § 178-1A-5 Notification of Election

5.1. Upon receipt of the petition, the Commission shall immediately notify the petitioner, the organization recognized as representing a majority of the horsemen at the racetrack which is the subject of the petition, and any other interested party that a petition has been filed and of the date when the Commission will meet to determine if and when an election will be held.

5.2. Before the date set for the determination of the election, the Commission staff shall verify the license status of all persons who signed the petition.

W. Va. Code R. § 178-1A-6 Organizational Funds

6.1. If an election is announced, those funds which accrue to the organization currently recognized as representing the majority of the horsemen at the racetrack requesting the election, and which accrue after the Commission meeting at which the election is announced, shall be placed in an escrow account established by the Commission and held there until the result of the election is officially determined by the Commission, and the Commission releases the funds.

W. Va. Code R. § 178-1A-7 Ballots

7.1. Ballots shall be prepared and mailed by the Commission.

7.1.1. Each ballot shall be sequentially numbered and shall state in alphabetical order the names of the respective organizations seeking recognition as the horsemen's representative.

7.2. Each ballot shall clearly inform the addressee that the ballot will not be counted if the voter's application for license renewal and the appropriate fees have not been received by the Commission, and that such receipt must occur at any time prior to, and including, the cut-off return date.

7.3. Each ballot will be accompanied by two (2) envelopes, one (1) of which shall be blank, except to have the word "ballot" printed on it. The other envelope shall be stamped with return postage and have the return address of the Racing Commission printed on it and a line for the horseman's signature. When the horseman completes the ballot, he shall place it in the envelope marked "ballot", seal that envelope and place it in the mailing envelope upon which is the address of the Commission, sign the mailing envelope at the place marked for his signature, seal the mailing envelope and mail the mailing envelope to the Commission. Unsigned envelopes, and envelopes signed by an individual other than the horseman whose name appears on the list of permit holders, are invalid.

W. Va. Code R. § 178-1A-8 Who May Receive Ballots

8.1. A ballot shall be sent to each horseman who holds the permit required by W. Va. Code '19-23-2 at the racetrack requesting the election, or holds the permit as set forth in the immediately succeeding Subsection 8.2 of this Section, and has started a horse at the track requesting the election. The permit must have been issued on or before the day the Commission announced the election would be held.

8.2. If the election is announced before June 30, a ballot shall be sent to each horseman who was licensed in West Virginia on December 31st of the immediately preceding calendar year, even if that individual has not been issued a permit for the current year. A ballot may not be counted unless an application for renewal and the appropriate fees are received by the Commission by the end of the ballot return cut-off date established by the Commission.

W. Va. Code R. § 178-1A-9 Mailing Ballots

9.1. At the time the election is announced, the Commission shall announce the the date the ballots will be mailed to those eligible to vote, and a cut-off date for completed ballots to be received at the Commission's office and after which no ballots may be received at said Office. Completed ballots may be received only at the Commission's Office and only during normal business hours (8:30 am to 4:30 pm, Monday through Friday).

9.2. The date for mailing the ballots may be changed if notice is given to the organizations involved.

9.3. The date established for mailing ballots may not be more than thirty (30) days after the election is announced.

9.4. The ballot return cut-off date shall be at least fifteen (15) days but no more than thirty (30) days after the date the ballots are actually mailed to the horsemen.

W. Va. Code R. § 178-1A-10 Receipt and Counting Ballots

10.1. A list of horsemen to whom ballots are mailed shall be made available to the public.

10.2. The votes of individual horsemen shall be kept confidential, and may not be made available to any person. However, a current list of those horsemen who have voted shall be available for inspection.

10.3. Incoming ballots shall be verified against a master list of horsemen and ballot numbers.

10.4. Only ballots postmarked on or before the ballot return cut-off date shall be counted by the Commission staff. The Commission shall set a date and time for counting the ballots, such date to be no sooner than ten (10) days nor longer than fifteen (15) days after the ballot return cut-off date, and the Commission shall notify the competing organizations of such date and time. Representatives from the competing organizations may be present for the counting, but such representatives may neither participate in the counting nor see any completed ballots. The organization receiving a majority of the votes counted by the Commission shall be designated the organization representing the majority of the horsemen at the racetrack for all purposes.

W. Va. Code R. § 178-1A-11 Challenges

11.1. A person wishing to challenge any aspect of the election procedure must file all objection(s) in writing with the Commission within three (3) business days after the Commission has completed counting the ballots and announced the results of the election.

11.1.1. Upon receipt of the written objection(s), the Commission shall set a day and time for a hearing on the objection(s) and shall cause notice of the hearing to be given to all parties.

11.1.2. All evidence and testimony offered at the hearing shall be retained by the Commission. All testimony shall be sworn, and shall be recorded and transcribed by a court reporter authorized to perform court reporting services in this State, the cost of which shall be borne by the person who filed the objection(s). If more than one (1) party files an objection, the costs for the services of the court reporter shall be shared equally among such parties.

11.1.3. The validity of the objection(s) shall be determined by the Commission in its sole discretion. The Commission may, in its discretion, stay the results of the election until after the challenge is decided.

11.2. If no objection has been received within three (3) business days after the Commission completed counting the ballots and announced the results, the Commission shall order the funds held in escrow be released to the organization determined as representing the majority of the horsemen. If timely objection(s) are received, the Commission may order that the funds continue to be held in escrow pending a decision on the objection(s). The Commission shall release the funds held in escrow when the objection(s) have been ruled upon and the election results have become final.

178CSR1(P)1

Series 02 Greyhound Racing

W. Va. Code R. § 178-2-1 General

1.1. Scope. -- This rule regulates the conduct of greyhound racing in this state whether live or by simulcast, the conducting of pari-mutuel wagering at greyhound race tracks, and the breeding of greyhounds for racing.

1.2. Authority. -- W. Va. Code §§ 19-23-2(a), 19-23-3(17), 19-23-6, 19-23-8, 19-23-10, 19-23-13 and 19-23-15.

1.3. Filing Date. -- April 29, 2021.

1.4. Effective Date. -- April 29, 2021.

1.5. Sunset Provision. – This rule shall terminate and have no further force and effect on August 1, 2031.

PART 1. DEFINITIONS

W. Va. Code R. § 178-2-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Added Money" means a sum by which the established purse is increased.

2.2. "Age" means the age of a greyhound beginning on the day it was whelped.

2.3. "Appeal" means a request for the Racing Commission or its designee to consider and review any decisions or rulings of the judges of a meeting or to consider and review an ejection/exclusion of an occupational permit holder by the association as authorized by West Virginia Code § 19-23-1 et seq., and this rule.

2.4. "Applicant" means any racing association making application for a license, or any person making application for an occupational permit. 2.5 "Association" or "racing association" means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description licensed by the Racing Commission to conduct a meeting where greyhound racing and pari-mutuel wagering are permitted for a purse involving pari-mutuel wagering.

2.6. "Association grounds" means all real property utilized by the association in the conduct of its race meeting, including the race course, grandstand, concession stands, offices, kennel compound, pari-mutuel areas, parking lots, and any other areas under the jurisdiction of the Racing Commission.

2.7. "Authorized agent" means a person appointed by another person to act as his or her representative in a notarized document signed by the owner and filed with the Racing Commission.

2.8. "Bertillon" means a card listing identifying features of a greyhound.

2.9. "Betting interest" means one or more greyhounds in a race involving pari-mutuel wagering, which is identified by a single program number for wagering purposes.

2.10. "Blanket" means the covering on which a greyhound's starting box post position number is displayed.

2.11. "Bolt" refers to a greyhound departing from the race course during the running of a race.

2.12. "Bookmaking" means a form of gambling that is not authorized by law in which chances are sold to individuals who may win a part or all of the pool depending on the outcome of the event for which the pool is made.

2.13. "Breakage" or "Legitimate breakage" means the remainder after deducting the payout from the net pool.

2.14. "Breeder" of a greyhound means the registered owner or registered lessee of the greyhound's dam at the time of breeding.

2.15. "Chairman” means the chairman of the West Virginia Racing Commission, or his or her designee

2.16. "Commission" means the West Virginia Racing Commission.

2.17. "Complaint" means a written allegation of a violation of these rules or West Virginia Code § 19-23-1 et seq.

2.18. "Course" means the track over which greyhounds race.

2.19. "Day" means a calendar day.

2.19.a. "Dark day" means a day during a racing meeting in which no live racing occurs at the association.

2.19.b. "Race day" means a day during a race meeting in which pari-mutuel wagering is conducted on live racing occurring at the association.

2.19.c. "Simulcast race day" means a day during a race meeting in which pari-mutuel wagering is conducted on races being conducted at a location other than the racetrack where the wager is placed.

2.20. "Dead heat" means the finish of a race in which the muzzles and/or nose of two (2) or more greyhounds reach the finish line at the same time.

2.21. "Double entry" means an entry of two (2) or more greyhounds in the same race from the same kennel that are separate wagering interests.

2.22. "Draw" means the process of selecting greyhounds and assigning post or starting box positions, and the process of selecting dogs in a manner to ensure compliance with the conditions of the rules of racing.

2.23. "Ejection" means the physical removal of a person at a licensed racetrack from the association grounds under the jurisdiction of the Racing Commission.

2.24. "Entry" means a greyhound eligible for and entered in a race.

2.25. "Equipment" means as applied to a greyhound muzzle, number blankets, and all other paraphernalia, which might be used on or attached to a greyhound when racing.

2.26. "Established weight" means the racing weight established by the trainer as the greyhound's best racing weight.

2.27. "Executive Secretary" means the racing secretary of the Racing Commission.

2.28. "False start" means any race, which fails to start as, stipulated by the rules.

2.29. "Finish" means the order of finish in which the greyhounds complete the race.

2.30. "Forfeit" means money due but withheld because of an error, fault, and neglect of duty, breach of a contract or a penalty.

2.31. "Fund" means the West Virginia greyhound breeding development fund established under the provisions of W. Va. Code §19-23-10.

2.32. "Handle" means the total amount of all pari-mutuel wagering sales less refunds and cancellations.

2.33. "Judge" means the person or persons designated to represent the Racing Commission whose duty it is to supervise any greyhound race meeting according to these rules.

2.34. “Juvenile” means a greyhound fifteen (15) months of age through twenty-four (24) months of age.

2.35. "Kennel compound" means the facilities on association grounds providing for the housing of the racing kennels.

2.36. "Kennel helper" means a person employed by a kennel owner to assist in the conditioning of greyhounds for racing.

2.37. "Kennel owner" means a person or persons who are contracted by the association to supply greyhounds for racing.

2.38. "Lead-Out" means the attendant that handles or cares for the greyhounds in the paddock and while they are en route to the starting box.

2.39. "Lessee" means a person who holds a registered lease certificate for the racing of a greyhound in his or her name.

2.40. "Lease agreement" means an Association of Racing Commissioners International and/or National Greyhound Association Uniform Greyhound Lease or other written document stating the names of the lessee, lessor, and the terms and purpose of the lease.

2.41. "License" means an authorization by the Racing Commission to an association to conduct dog racing with pari-mutuel wagering at a specified location.

2.42. "Licensee" means any racing association holding a license required by West Virginia Code §19-23-1 et seq. and this rule.

2.43. “Live racing” means greyhound racing occurring on the association grounds of a racing association holding a license required by West Virginia Code §19-23-1 et seq. and this rule.

2.44. "Lock out kennel" is the secure and restricted facility within the paddock used to temporarily house entered greyhounds prior to their participation in the current performance.

2.45. "Lure" means a mechanical apparatus consisting of the following component parts: A stationary rail installed around the track, a motorized mechanism which travels on the rail, a pole which is attached to the mechanism and extends out over the race course and the object which is attached to the pole.

2.46. "Maiden" means a greyhound, which has never, in any jurisdiction, won an official race and which is less than twenty-four (24) months of age. Conditions referring to a maiden means maidens at the time of starting. A maiden who has been disqualified after finishing first is to be considered a maiden.

2.47. "Matinee" means a performance or schedule of races conducted upon a race course in daylight hours.

2.48. "Meet" means the specified periods and dates within a race meeting, during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.49. "Meeting" means the total specified periods and dates each year during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.50. "Month" means a calendar month.

2.51. "Night performance" means a performance or schedule of races conducted upon a race course during night hours.

2.52. "Nomination" means the initial naming of a greyhound for entry in a stake race.

2.53. "No race" means a race canceled or voided for any reason by the judges.

2.54. "Official order of finish" means the order of finish of the greyhounds in a contest as declared by the judges.

2.55. "Official race" means a race in the presence of duly appointed racing officials, for which purse monies are paid involving pari-mutuel wagering.

2.56. "Official time" means the elapsed time from the moment the starting box opens and ending when the first greyhound crosses the finish line.

2.57. "Official schooling races" means trial races that are supervised by the judges which are conducted for qualification purposes. Pari-mutuel wagering is prohibited on these races.

2.58. "Owner" means the person in whose name the greyhound is registered with the National Greyhound Association determined at the time of breeding, whelping, and racing at a meeting in accordance with this rule. An owner may be a sole owner, part owner, or lessee. A beneficial interest in a greyhound, such as an interest in just the winnings of the greyhound does not constitute part ownership of that greyhound.

2.59. "Paddock" means an area that is restricted to the Racing Commission, association and restricted employees. The paddock area includes the lock-out kennel, reviewing stand and offices.

2.60. "Pari-mutuel" means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency. The odds of these wagers are to be reckoned in accordance with the collective amounts wagered upon each greyhound running in a greyhound race relative to the amount wagered on each greyhound in each pool with the total to be apportioned among the first three contestants on the basis of the number of wagers.

2.61. "Pari-mutuel clerk" means any employee of a licensed racing association, who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel ticket and accounting for pari-mutuel funds.

2.62. "Patron" means a member of the public present on the grounds of a pari-mutuel association during a meeting for the purpose of wagering or to observe racing.

2.63. "Performance" means an approved number of races run consecutively as one program.

2.64. "Permit" is the written authorization issued by the Racing Commission to a person allowing occupational participation with dog racing for a purse involving pari-mutuel wagering at a licensee's dog racetrack.

2.65. "Permit holder" means any person holding a permit required by the Racing Commission.

2.66. "Person" means any individual, partnership, firm, association, corporation, or other entity or organization of whatever character or description.

2.67. "Pool" means a combination of interests in a joint wagering enterprise or a stake in the enterprise.

2.68. "Position" means the position at the starting box assigned to a greyhound for the start of the race.

2.69. "Post time" means the time set for the arrival at the starting box for the greyhounds in a race. This information shall be shown at a reasonable time prior to the race on a clock device provided specifically for this purpose, and shall be prominently displayed and clearly readable from the grandstand.

2.70. "Program" means the published listing of all races and greyhounds for a specific performance.

2.71. "Purse" means the total cash amount for which a race is contested.

2.72. "Purse race" means a race for money or other prizes to which the owners of the greyhounds engaged do not contribute.

2.73. "Race" means a contest for purse, stakes, or entry fees on any race course and while in the presence of duly appointed racing officials.

2.74. "Racetrack" means the association grounds, as defined in this rule.

2.75. "Racing association" means any individual, partnership, firm, association, corporation, or other entity or organization of whatever character or description licensed in accordance with W. Va. Code §19-23-1 et seq. to hold a greyhound race meeting.

2.76. "Random testing" means a strategy for testing for alcohol or controlled substances not based on a reasonable belief that an individual has drugs and/or alcohol in his or her system that assures that all affected individuals have an equal probability of being selected for testing.

2.77. "Reasonable cause/reasonable suspicion testing" means a strategy for testing for alcohol or controlled substances based on an official's having good reason to believe that an occupational permit holder has alcohol or controlled substance in his or her system.

2.78. "Recognized meeting" means:

2.78.a. A meeting held under license of the Racing Commission;

2.78.b. A meeting held in this or any other country under the sanction of a Commission or authority whose jurisdiction over racing is recognized by the Racing Commission and which recognizes, accepts, and gives effect to sentences imposed by the Racing Commission upon those guilty of improper practices.

2.79. “Registered Greyhound Owner” means an owner of a greyhound that is registered with the National Greyhound Association.

2.80. "Restricted area" means an area of association's grounds that is designated by the Racing Commission to which access is limited to certain persons only. Restricted areas may include, but are not necessarily limited to, the kennel compound, the paddock, the mutuel department, etc.

2.81. "Result" means that part of the official order of finish used to determine the pari-mutuel payout of pools to patrons for each individual contest.

2.82. "Ruled-off" means the act of disallowing a person to enter or remain upon the premises of any or all licensed racetracks and/or simulcast facilities.

2.83. "Rules" means the rules of the Racing Commission.

2.84. "Scratch" means the act of removing an entered greyhound from a race after the selection for the post positions in a race has been completed.

2.85. "Secretary" means the Secretary of the West Virginia Department of Revenue, or his or her designee.

2.86. "Simulcast" means the transmission and/or reception for pari-mutuel wagering purposes of greyhound racing conducted at a licensed racetrack other than where the pari-mutuel wager is placed.

2.87. "Stakes race" means a race publicly declared open to all complying with its conditions to be fulfilled wholly or in part subsequent to its closing and involved which may required a fee to be paid for each greyhound.

2.88. A "Starter" means a greyhound is a starter for a race when the doors of the starting box open.

2.89. "Tote" or "tote board" means the totalizator system used for recording, calculating and disseminating information about pari-mutuel ticket sales, wagers, odds and payoff prices to patrons at a licensed racetrack.

2.90. "Touting" means soliciting or providing unauthorized wagering tips on animals for a profit in races under the jurisdiction of the Racing Commission.

2.91. "Trainer" means a person who conditions or prepares greyhounds for racing.

2.92. "Weighing in" means the weight of the greyhound taken at first weighing in as provided for in this rule.

2.93. "Weighing out" means the weight of the greyhound prior to post time or time of the race in which it is entered.

2.94. "Weight loser" means a greyhound recognized by the officials known to be a consistent weight loser while in the lockout kennel.

2.95. "Whelped" means the time of a greyhound's birth.

2.96. "Withdrawal" means the act of withdrawing an entered greyhound from a race before the time for the posting of starting box positions for the race in which the greyhound is entered.

2.97. "Year" means a calendar year.

PART 2. GENERAL AUTHORITY OF

THE RACING COMMISSION

W. Va. Code R. § 178-2-3 General Authority

3.1. The West Virginia Racing Commission shall regulate each greyhound race meeting in the State of West Virginia and the conduct of all persons who participate in each greyhound race meeting.

3.2. This rule applies to all individuals, firms, associations, partnerships, or corporations holding, conducting, participating in or observing a meeting.

3.3. Pursuant to the authority granted in West Virginia Code § 19-23-1 et seq., the Commission may delegate to its executive director, the judges or its representatives all powers and duties necessary to fully implement and enforce these rules.

3.4. The laws of the State of West Virginia and this rule supersede the conditions of a race or the regulations of a racing association.

3.5. The jurisdiction of the Racing Commission over matters related to subjects covered by this rule is continuous throughout the year.

W. Va. Code R. § 178-2-4 Racing Commission Personnel

The following provisions apply to the employment of certain personnel by the Racing Commission to assist it, the judges, the Racing Commission Veterinarian and other Racing Commission employees and representatives in fulfilling their regulatory duties and obligations:

4.1. Security Officer. The Racing Commission shall employ a security officer at each licensed racetrack. The security officer’s duties shall include:

4.1.a. Working with and/or at the direction of the judges and/or the Racing Commission Veterinarian(s) and/or the Racing Commission to investigate and inquire into any alleged violations of this rule or the laws of this state governing racing;

4.1.b. Working with and/or at the direction of the judges and/or the Racing Commission to review and evaluate applications for occupational permits or licenses, and any information submitted or gathered in connection with such applications;

4.1.c. Determining, or assisting the Racing Commission and/or the judges in determining, that all persons participating in racing that are required to hold an occupational permit have such a permit;

4.1.d. Inspecting the association’s restricted areas, including, but not limited to, the kennel compound, test area, the wagering area, the paddock, to determine if proper security measures are in effect, to ensure that the integrity of these areas are preserved and protected, and to ensure that all personnel having access to the restricted areas hold occupational permits or other proper credentials;

4.1.e. Working with and assisting all Racing Commission employees and representatives in the performance of their duties to ensure the enforcement of this rule and the laws of this state governing racing, and to ensure that the integrity of racing is preserved and protected; and

4.1.f. Any other duties that may be assigned by the Racing Commission.

4.2. Investigator(s). In addition to the Security Officer, the Racing Commission may employ one (1) or more persons as investigators at each licensed racetrack. The duties and responsibilities of the investigator(s) shall be fixed by the Racing Commission, but may include working in connection with the Racing Commission security officer in the performance of his or her duties.

4.3. License Clerks. The Racing Commission shall employ an adequate number of persons as license clerks at each licensed racetrack. The license clerks’ duties shall include:

4.3.a. Distributing applications for occupational permits;

4.3.b. Assisting in the review of applications for occupational permits;

4.3.c. Maintaining records and data on each individual who applies for and/or is issued an occupational permit;

4.3.d. Collecting fees and fines imposed by the judges and/or the Racing Commission and reporting to the Racing Commission the amount of such fines and fees collected;

4.3.e. Depositing fines and fees collected in accordance with Racing Commission policy and procedure;

4.3.f. Assisting the judges in the performance of their duties and responsibilities; and

4.3.g. Any other duties that may be assigned by the Racing Commission.

4.4. Director of Audits and Auditors of Pari-Mutuel Wagering. The Racing Commission shall employ a director of audits in accordance with West Virginia Code § 19-23-5(b) and a minimum of one (1) auditor of pari-mutuel wagering to be stationed at each licensed racetrack. The director of audits and the auditors of pari-mutuel wagering shall be certified public accountants or experienced accountants. The duties and responsibilities of the director of audits and the auditors of pari-mutuel wagering shall be fixed by the Racing Commission. The following provisions apply to the director of audits and the auditors of pari-mutuel wagering:

4.4.a. The director of audits and the auditors of pari-mutuel wagering shall have free access to the space or enclosure where the pari-mutuel system of wagering is conducted or calculated at any greyhound race meeting for the purpose of ascertaining whether or not the licensee is deducting and retaining only a pari-mutuel commission as provided in the West Virginia Code, and is otherwise complying with the other provisions of the West Virginia Code relating to the pari-mutuel system.

4.4.b. The director of audits and the auditors of pari-mutuel wagering shall have full and free access to all records and papers maintained or generated pertaining to the pari-mutuel system of wagering at licensed racetracks and shall make a written report to the Racing Commission as to whether or not the licensee has deducted and retained any pari-mutuel commission in excess of that permitted under the West Virginia Code or has otherwise failed to comply with the provisions of those sections of the Code pertaining to the pari-mutuel system.

4.4.c. Copies of all pari-mutuel work sheets are to be turned over by the association to the auditor of pari-mutuel wagering immediately after each race.

4.4.d. At the end of each race day, the association shall produce a consolidated report showing detailed figures of the pari-mutuel handle, pari-mutuel commission and breakage to the auditor of pari-mutuel wagering. The association shall also provide the auditor of pari-mutuel wagering a report of pari-mutuel tickets paid at the end of each race day.

4.4.e. At the end of each race day, every signed complaint made by any patron, with reference to transactions with the association’s pari-mutuel clerks, shall be reported by the association on printed complaint forms and furnished to the auditor of pari-mutuel wagering.

4.4.f. A totalisator report shall be maintained by the association that reflects all errors, commonly called shorts or overs, made by the association’s pari-mutuel clerks. The report shall detail the name of the clerk, his or her working place, and the amount involved. At the end of each meet, this report shall be provided to the auditor of pari-mutuel wagering.

4.4.g. In accordance with West Virginia Code § 19-23-13, all moneys held by any licensee for the payment of outstanding and unredeemed pari-mutuel tickets, if not claimed within ninety (90) days after the close of the greyhound race meeting in connection with which the tickets were issued, shall be turned over by the licensee to the director of audits within fifteen (15) days after the expiration of the ninety (90) day period. The licensee shall give any information requested by the Racing Commission and/or the director of audits concerning outstanding and unredeemed tickets including, but not limited to:

4.4.g.1. the “outs” ledger enumerating all outstanding pari-mutuel tickets at the end of the ninety (90) day period;

4.4.g.2. a statement accompanying the “outs” ledger setting forth the dollar amount of the redeemed tickets in the ninety (90) day period;

4.4.g.3. a statement accompanying the “outs” ledger setting forth the quantity and amount of each denomination redeemed during the ninety (90) day period; and

4.4.g.4. a statement verifying that the redeemed amount was subtracted from the “outs” balance which existed at the close of the meeting with the remaining balance to be included in the remittance of the association in settlement of the "outs" account for the meeting.

4.4.h. The association shall provide a work area for the exclusive use of the auditor of pari-mutuel wagering that is subject to the approval of the Racing Commission. This work area shall:

4.4.h.1. be located within or adjacent to the totalisator room with desk and chair facilities;

4.4.h.2. permit direct view or view by closed circuit television of the totalisator facilities within the totalisator room, such as control desk consoles, inside totalisator board or closed circuit television monitors of the outside totalisator board whichever is used, and printers;

4.4.h.3. include space for locking file cabinets within the work area or other proper storage facilities to be supplied by the association;

4.4.h.4. include an audio listening device for the public address system being used by the association so that announcements made on the address system can be heard intelligibly in the work area; and

4.4.h.5. include power outlets to operate electronic equipment.

4.4.i. Purging of pari-mutuel tickets shall be done in the presence of the auditor of pari-mutuel wagering, a totalisator representative, and an association representative and may only be done after the association provides two (2) weeks’ prior notice to the director of audits.

W. Va. Code R. § 178-2-5 Power Of Entry

5.1. Members of the Racing Commission, the judges, and the Racing Commission’s designated employees and representatives have the right of full and complete entry to any and all parts of the grounds of a racing association licensed to conduct greyhound racing.

5.2. Members of the Racing Commission, the judges, and the Racing Commission’s designated employees and representatives may permit and direct any individual to enter in or upon the kennels, rooms, trailers, vehicles or any other places within the grounds of a racing association licensed to conduct greyhound racing.

W. Va. Code R. § 178-2-6 Ejection/Exclusion

6.1. Any person ejected by the judges or the association from the grounds of an association shall be denied admission to the grounds until permission for his or her reentry has been obtained from the association and the Racing Commission. However, all occupational permit holders who are ejected have the right of appeal to the Racing Commission.

6.2. The judges or the association have the power to suspend or exclude from the stands and grounds persons acting improperly or whose behavior is otherwise objectionable. The judges shall enforce the suspension or exclusion.

PART 3. GREYHOUND RACING OFFICIALS

W. Va. Code R. § 178-2-7 General Provisions

7.1. Officials of a race meeting, unless otherwise approved by the Racing Commission, are as follows: Director of Racing, Judges, Racing Secretary, Lure Operator, Chart Writer, Clerk of Scales, Paddock Judge, Patrol Judge, Starter, Racing Commission Veterinarian, Kennel Master, Brakeman and any other person designated by the Commission.

7.2. No racing official may serve in a dual capacity unless otherwise authorized by the Racing Commission. In the event of an emergency which prevents the association from obtaining Commission approval for an official to serve in a dual capacity, the association may seek approval from the judges so that racing may continue. The judges’ shall promptly forward the matter to the Commission for approval.

7.3. Should a vacancy occur among the racing officials other than the judges or Racing Commission Veterinarian, the association’s director of racing shall immediately fill the vacancy. The appointment shall be effective only for the day unless the association fails to fill the vacancy on the following day and has notified the judges of its action less than one hour before post time of the first race of the day. Such appointment shall be reported promptly by the judges to the Commission.

7.4. All racing official appointments, including temporary appointments provided for subsections 7.2 and 7.3, are subject to the approval of the Racing Commission.

7.5. The Racing Commission shall not approve an individual to serve as a racing official unless the individual possesses the following:

7.5.a. Good character and reputation;

7.5.b. Experience in greyhound racing is preferred, but not required;

7.5.c. Familiarity with the duties of the position and with the Commission's rules of racing;

7.5.d. Mental and physical ability to perform the duties of the position; and

7.5.e. Is in good standing and not under suspension or ineligible for a permit in any racing jurisdiction.

7.6. Unless written approval is obtained from the Racing Commission, no person shall be approved as a racing official who is an officer of the association, or who has any financial interest in the association, or who has any financial interest in greyhounds running at the association.

7.7. No racing official may directly or indirectly wager money or any other thing of value on the result of any greyhound race taking place in any jurisdiction. In addition, no racing official may wager money or any other thing of value on the result of a race of any type in any jurisdiction while the official is on the grounds of the association to which he/she is assigned.

7.8. No racing official may consume intoxicating liquor or any controlled substance, or be under the influence of alcohol or any controlled substance, while on duty.

7.9. Racing officials or their assistants shall report all violations of this rule to the judges.

W. Va. Code R. § 178-2-8 Director of Racing

8.1. Subject to the authority of the judges set forth in these rules, the director of racing shall have full supervision over kennel owners, greyhound owners, trainers, kennel helpers, lead-outs and all association officials.

8.2. The director of racing shall ascertain that all persons under his/her supervision are properly trained in the discharge of their duties.

W. Va. Code R. § 178-2-9 Judges

9.1. There shall be three (3) judges for each race meeting, all three (3) of which shall be employees of the Racing Commission. The Commission shall select one of the judges to serve as Presiding Judge.

9.2. In the event a judge is temporarily incapacitated or for some sufficient reason cannot serve as judge, the Racing Commission shall appoint a temporary replacement until the absent judge is able to return to duty and promptly advise the association of such temporary appointment. If, without advance notice to the Commission and the association, one or more judges fail to report for duty, the association shall name qualified persons to serve as a temporary replacement judge(s) for no longer than the day and immediately make a full written report of the absence and the names of the temporary replacement(s) to the Commission. If necessary, the Commission shall appoint a temporary replacement until the absent judge is able to return to duty.

9.3. In matters pertaining to racing, the orders of the judges supercede the order of the officers of the association.

9.4. The judges shall interpret the rules and decide all questions not specifically covered by the rules.

9.5. Should any incident occur which may not be covered by the rules of racing, it shall be determined by the judges in conformity with justice and in the best interest of racing.

9.6. All decisions and/or rulings within the judges' authority shall be determined by a majority of the judges, and in accordance with these rules, may be subject to the review of the Commission.

9.7. The judges shall have general supervision over all occupational permit holders, other racing officials and greyhounds on association grounds.

9.8. Every person participating in and every patron of a licensed race meeting shall abide by the laws and this rule and accept the judges' decisions on any and all questions, subject to the right of appeal to the Racing Commission.

9.9. The judges shall have authority over and free access to all places in use for the purpose of racing.

9.10. All entries and withdrawals are under the supervision of the judges who may refuse the entries of any person or the transfer of any entries for violation of the rules or statutes.

9.11. The judges shall have the authority to resolve all conflicts involving entries and racing.

9.12. Persons entering greyhounds to run at licensed association tracks in this jurisdiction agree in so doing to accept the decision of the judges on any questions relating to a race or racing.

9.13. The judges shall have the authority to sanction any person for violation of the rules or statutes, including but not limited to, suspension or revocation of an occupational permit and/or fine. No racing official other than the judges are authorized to impose disciplinary action on a permit holder.

9.14. The judges may eject or cause to have ejected any person who is currently under suspension or exclusion in any other jurisdiction.

9.15. The judges may order a physical examination by the Racing Commission Veterinarian of any greyhound entered for a race or which has run in a race.

9.16. The judges shall take appropriate action on alleged violations of this rule with or without complaint thereof.

9.17. The judges shall record all objections and complaints, which allege a violation of these rules.

9.18. All complaints must be in writing and signed by the complainant, and shall be filed with the judges. If the complaint involves the judges, it shall be filed directly with the Commission or Commission designee.

9.19. The judges shall investigate or cause to have investigated promptly all objections and/or complaints made to them and make prompt report of their investigation findings and decision and/or recommendation to the Commission.

9.20. The judges shall order the exclusion of persons ruled off from areas under their jurisdiction. They may exclude any person found guilty of any prohibited acts by greyhound racing authorities of any other jurisdictions, or by the judges of any recognized meeting. The names of all persons ordered excluded shall be promptly reported to the Commission.

9.21. At least one judge shall be present on association grounds for the weigh-in process for each performance.

9.22. The judge present at weigh-in may scratch a greyhound, and in addition, at the discretion of the judges, the kennel owner and/or trainer may be fined or suspended if:

9.22.a. The greyhound is in violation of the rules applicable to greyhound weight or weighing;

9.22.b. The greyhound is not present at the weigh-in room promptly at the appointed time; or

9.22.c. The greyhound is in violation of any rule of racing.

9.23. The Presiding Judge shall signal to close the pari-mutuel ticket issuing machines when the lure is called into motion by the Racing Commission judge.

9.24. The judges shall determine the official order of finish of the race.

9.25. The judges shall consider only the relative position of the respective muzzles of the greyhounds in determining the places of the greyhounds at the finish of the race. In the event a greyhound loses its muzzle or finishes with a hanging muzzle, the judges shall consider only the relative position of the nose of said greyhound and the muzzles of the other greyhounds in the race.

9.26. The judges shall promptly display the numbers of the first three or four greyhounds in each race in order of their finish if there is no disagreement among the judges.

9.27. Nothing in these rules shall prevent the judges from correcting an error before the display of the sign "Official" or from recalling the sign "Official" displayed through error.

9.28. The photo and video equipment shall be used as needed by the judges. However, if there is a malfunction of this equipment, the decision of the judges shall prevail.

9.29. Any greyhound may be placed on the schooling list by the judges at any time for cause.

9.30. The judges shall make periodic report in writing to the Commission of all infractions of these rules and of all rulings upon matters coming before the judges during the race meeting.

9.31. The judges may disqualify any greyhound that has been the subject of corrupt practices for no longer period than the duration of the meeting and the judges shall report the circumstances to the Racing Commission for any action it determines proper.

9.32. The judges may cancel or postpone any race that is abandoned in whole or in part.

9.33. After conferring with the association and Racing Commission Veterinarian, the judges may cancel any races determined in the interest of the safety of the public or the greyhounds.

W. Va. Code R. § 178-2-10 Racing Secretary

10.1. The racing secretary shall keep a complete record of all races, receive all stakes, entrance money, arrears and fines, and deposit them with the person(s) responsible for such accounts.

10.2. The association’s racing secretary is responsible for the accuracy of the program.

10.3. In consultation with the Racing Commission license clerk, the racing secretary shall verify that kennel operators, authorized agents, greyhound owners and trainers possess current occupational licenses for their respective positions. He/she shall also examine licenses, pertinent papers and documents dealing with trainers, kennel operators, appointment of authorized agents and any adoption of assumed names in order to satisfy him/herself as to their validity in conformance with these rules.

10.4. All lease agreements for greyhounds which are entered for schooling or racing on the association's grounds shall be filed with the racing secretary.

10.5. The racing secretary shall receive all entries, nominations, withdrawals and scratches.

10.6. The racing secretary may program up to five (5) T races per week. Any additional T races shall have the approval of the Racing Commission.

10.7. The racing secretary may call on any person in whose name a greyhound is entered to produce proof that the greyhound entered is not the property, either wholly or in part, of any person who is disqualified; or to produce proof of the extent of his/her interest in the greyhound; and in default of such proof being given to their satisfaction, shall immediately report the matter to the judges.

10.8. The racing secretary shall determine the grade and distance for each race.

10.9. The racing secretary shall assign the proper grade to each greyhound under the provisions of the approved grading system.

10.10. Upon completion of each day's draw, the racing secretary shall compile and post in a conspicuous place a list of overnight entries, post positions and any left-over list.

W. Va. Code R. § 178-2-11 Lure Operator

11.1. The lure operator shall:

11.1.a. Operate the lure in a smooth, uniform and consistent manner and direct complete attention to the operation of the mechanical lure during each race. This process involves adjustments in speed to maintain a safe distance ahead of the runners while allowing the greyhounds constant visual contact.

11.1.b. Each association shall provide the lure operator with a room as free as possible from any disturbance that may distract the lure operator during the conduct of duties.

11.1.c. Run the lure as consistently as possible at all times in conjunction with the guidelines set forth by the judges. A lure operator shall be held accountable by the judges for all aspects of the mechanism’s operation. The lure operator must immediately report to the judges any circumstance or obstruction that may prevent the running of a consistent lure.

11.1.d. Run the mechanical lure completely around the racing strip at least twice prior to the first post time to determine that the lure is in perfect working condition.

11.1.e. Be at the controls when the greyhounds are placed in the starting box.

11.2. To ensure safety, the lure operator must be provided with a device that enables direct communication capabilities with personnel assigned to the racetrack area. The lure operator must have direct access to a power-shut-off that eliminates electrical supply to the system. The system should only be turned on by the lure operator at the time the lure is to be started for a race or test operation and immediately shut down upon its arrival in the escape area.

11.3. The location on the course and the prevailing weather conditions shall be taken into consideration by the lure operator when calculating the appropriate distance of the lure from the lead greyhound.

W. Va. Code R. § 178-2-12 Chart Writer

12.1. The chart writer shall compile the information necessary for the official program.

W. Va. Code R. § 178-2-13 Clerk of Scales

13.1. The clerk of scales shall:

13.1.a. Weigh greyhounds in and out on a scale sealed by a duly authorized sealer of weights and measures and shall exhibit the accurate weight of each greyhound. The established racing weight, weigh-in and weigh-out weight shall be promptly posted to inform the public;

13.1.b. Record any overweight or variation from the weight appearing on the weight sheet as soon as the weights are exhibited;

13.1.c. Ensure that all greyhounds are weighed in and out in a uniform manner;

13.1.d. Promptly report infraction of the rules as to weight or weighing to the judges;

13.1.e. Report to the judges all late scratches and weights in a place conspicuous to the wagering public;

13.1.f. Keep a list of all greyhounds known as "weight losers" and shall notify the presiding judge as to the weight loss before each race; and

13.1.g. Perform periodic tests to check the accuracy of the official scale or other approved weighing device.

13.2. All greyhounds shall be weighed in and out wearing their muzzles, collars and lead straps.

W. Va. Code R. § 178-2-14 Paddock Judge

14.1. The paddock judge shall review a Bertillon card for each greyhound entered for schooling or for a purse race. No greyhound shall be permitted to start in a schooling or purse race that has not been fully identified and checked against the Bertillon card system of identification maintained by each association.

14.2. The paddock judge shall fully identify and check each entered greyhound against the Bertillon card prior to schooling and purse races. The paddock judge shall report any greyhound which does not conform to the Bertillon card identification to the judges.

14.3. The paddock judge shall supervise the kennel master in the performance of his/her duties

14.4. The paddock judge shall ensure that anyone presenting a greyhound for the weigh-in has in his/her possession a valid permit issued to him/her by the Commission.

14.5. The paddock judge shall ensure the lock-out kennels are cleaned, disinfected, sanitized and in good repair prior to each performance.

14.6. Only the paddock judge, the kennel master, other racing officials, persons approved by the Commission or designated representatives of the Commission shall be allowed in or near the lock-out kennels after the greyhounds are placed inside. No person shall enter the lockout kennel unless accompanied by one other person who is authorized by these rules to enter the lock-out kennel, unless permitted otherwise by the judges.

14.7. The paddock judge shall ensure that each greyhound is properly fitted with an approved muzzle and blanket prior to its leaving for the starting box.

14.8. The paddock judge shall supervise all personnel in the paddock and be primarily responsible for the training and conduct of lead-outs.

W. Va. Code R. § 178-2-15 Patrol Judge

15.1. The patrol judge shall:

15.1.a. Supervise the lead-outs from paddock to post;

15.1.b. Inspect the muzzles and blankets of the greyhounds after they have left the paddock either in view of the judges' stand or the starter; and

15.1.c. Assist the starter in his/her duties upon the arrival of the lead-outs and greyhounds at the starting box.

15.2. At the start of a race, the patrol judge shall rapidly pass in front of the entire starting box to ascertain that no greyhound remains in its hole. Should a greyhound fail to break, the patrol judge shall remove the greyhound from the starting box and promptly secure it behind the starting box until the race is complete.

W. Va. Code R. § 178-2-16 Starter

16.1. The starter shall give such orders and take all such measures, in conjunction with the Rules of Greyhound Racing, as are necessary to ensure a fair start.

16.2. The starter shall report any causes of delay that occur to the judges.

16.3. The starter will be responsible for maintaining the starting box and the starting area during the racing performance. Included in these duties will be meticulous inspection of each starting position and the operative function of all starting box components, and should also ensure a smooth breaking path on the racing surface from the box to the main track.

16.4. The starter will direct an efficient and expedient loading of the greyhounds for a race. The starter, assistant starter and or patrol judge will be responsible for actually loading the greyhounds into the starting box.

W. Va. Code R. § 178-2-17 Racing Commission Veterinarian

17.1. The Racing Commission shall employ a veterinarian licensed by the West Virginia Board of Veterinary Medicine who shall be known as the Racing Commission Veterinarian. The Racing Commission Veterinarian may not during the term of his or her employment treat or prescribe medication for any greyhound on the grounds or registered to race at any association for compensation or otherwise unless an emergency arises. In case of an emergency necessitating treatment, the veterinarian shall make a full and complete report to the judges.

17.2. If, after inspecting a greyhound, the Racing Commission Veterinarian finds that the greyhound is not in condition to race, he or she shall immediately notify the judges, who shall order the greyhound scratched out of the race. The greyhound automatically goes on the veterinarian's list for at least 10 calendar days, which is to be maintained by the Racing Commission Veterinarian. Thereafter the greyhound may not enter until the veterinarian notifies the judges that the greyhound is again able to compete.

17.3. The Racing Commission Veterinarian is authorized to examine any greyhound on association grounds. No owner or trainer may object to the examination.

17.4. The Racing Commission Veterinarian shall approve all personnel utilized in the test area and is responsible to the Racing Commission for the proper operation of the test area and the taking of specimens as directed by him or her.

W. Va. Code R. § 178-2-18 Kennel Master

18.1. Under the supervision of the paddock judge, the kennel master shall unlock the kennels immediately before weigh-in time to assure that the kennels are in perfect condition and that nothing has been placed in any of the kennels for the greyhounds' consumption. He or she shall assure that the kennels are sprayed, disinfected and kept in proper sanitary conditions. He or she or his or her assistant shall receive the greyhounds from the trainer, one at a time, and determine that each greyhound is placed in its crate. The kennel master shall remain on guard from that time until the greyhounds are removed for the last race.

18.2. The kennel master shall ensure that no unauthorized persons are admitted into the lock-out kennels.

W. Va. Code R. § 178-2-19 Brakeman

19.1. The brakeman is responsible for the condition and operation of the lure motor, rail and braking system.

19.2. The brakeman performs a daily inspection of the mechanical lure and entire rail, performs routine maintenance on the lure, stops the lure after each race, replaces the motor and arm for the lure, rakes in front of the brake and immediately reports any mechanical or safety issues to the judges.

W. Va. Code R. § 178-2-20 Lead-Outs

20.1. Lead-outs are not considered racing officials for purposes of these rules. Lead-outs shall be properly trained by the association in the scope and proper performance of their duties before working official races.

20.2. The greyhounds shall be led from the paddock to the starting box by one lead-out per greyhound during official schooling races and official purse races, unless otherwise approved by the judges.

20.3. A licensed lead-out shall lead the greyhounds from the paddock to the starting box. Owners, trainers or attendants shall not be allowed to lead their own greyhounds.

20.4. Lead-outs shall be assigned to post position by the paddock judge before each race and a record thereof shall be maintained.

20.5. Lead-outs shall adhere to the starting box loading procedure and swiftly proceed to occupy the post assigned to him/her during the running of the race.

20.6. Lead-outs are prohibited from holding any conversation with the public or with one another, either in the paddock, en route to the starting post or while returning to the paddock and are prohibited from communicating by or using electronic devices, such as a cell phone, while performing their duties.

20.7. Lead-outs shall be attired in clean uniforms, present a neat appearance and conduct themselves in an orderly manner.

20.8. Lead-outs are prohibited from smoking, drinking beverages, other than water, or eating unless on duly authorized breaks and in a designated area.

20.9. No lead-out shall be permitted to have any interest in the greyhounds racing for the association.

20.10. Lead-outs are prohibited from wagering on the result of any greyhound racing at the association where they assigned.

20.11. Lead-outs shall immediately report any infirmities or physical problems they observe in greyhounds under their care to the nearest racing official for communication to the Racing Commission Veterinarian.

20.12. Lead-outs shall not remove racing blankets until the greyhounds are accepted by licensed kennel representatives at the conclusion of the race.

20.13. Lead-outs shall exercise proper handling and treatment of the greyhounds while in their possession.

20.14. Lead-outs shall at all times conduct themselves in an orderly and professional manner.

W. Va. Code R. § 178-2-21 Any Other Person Designated by the Commission

21.1. The Racing Commission may approve additional racing official positions as needed. Persons appointed under this subsection must comply with the eligibility requirements outlined in these rules.

PART 4. DUTIES AND REQUIREMENTS

OF GREYHOUND ASSOCIATION

W. Va. Code R. § 178-2-22 License Required

22.1. Any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description seeking to obtain a license to conduct a race meeting with pari-mutuel wagering during any calendar year shall file a license application with the Racing Commission on forms prescribed by the Racing Commission.

22.2. Such application shall disclose, but not be limited to, the following:

22.2.a. If the applicant is an individual, the full name and address of the applicant;

22.2.b. If the applicant is a partnership, firm or association, the full name and address of the each partner or member thereof and the name of the partnership, firm or association and its address;

22.2.c. If the applicant is a corporation, its name, the state of its incorporation, its address, the full name and address of each officer and director thereof, and if a foreign corporation, whether it is qualified to do business in the state of West Virginia;

22.2.d. The dates such applicant intends to hold or conduct each race meeting during the calendar year;

22.2.e. The location of the racetrack, place or enclosure where such applicant proposes to hold or conduct such race meeting;

22.2.f. Whether the applicant, any partner, member, officer or director has previously applied for a license under West Virginia Code §§ 19-23-1 et seq. or for a similar license in this or any other state, and if so, whether such license was issued or refused, and, if issued, whether it was ever suspended or revoked;

22.2.g. If the applicant is an individual, his or her fingerprints; if the applicant is a partnership, firm or association, the fingerprints of each partner or each member; if the applicant is a corporation, the fingerprints of each officer and director. Such fingerprints shall be provided for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation and shall be accompanied by a signed authorization for the release of information by those agencies;

22.2.h. Such other information as the Racing Commission may in its discretion reasonably require, including, but not limited to, satisfactory evidence that the applicant has the ability to pay all taxes due the state, purses, salaries of racing officials and other expenses incident to the greyhound race meeting for which a license is sought. If satisfactory evidence of ability to pay such expenses and fees cannot be furnished by the applicant, the Racing Commission may require a bond or other adequate security before the license is issued; and

22.2.i. A signed, notarized verification that the information contained on the application is true and accurate. Such verification shall be signed by the individual seeking the license; or, by a partner or member if the applicant is a partnership, firm or association; or, by an officer or director if the applicant is a corporation. 22.3 Licenses are neither transferrable nor assignable. The sale of the assets of an association requires the buyer to apply for a racing license from the Racing Commission.

W. Va. Code R. § 178-2-23 Auditing, Accounting and Reporting Requirements

23.1. Each licensee shall file audited financial statements on or before the thirtieth (30th) day of April of each year, unless otherwise authorized by the Racing Commission, covering all income and disbursements relating directly and indirectly to greyhound racing activities in the state, including, but not limited to, the following: concessions, programs, parking, pari-mutuel wagering, and breakage. The financial statements shall be prepared in accordance with generally accepted accounting principles and shall be accompanied by the report of an independent certified public accountant. The financial statements shall be prepared in accordance with generally accepted accounting principles and shall be accompanied by the report of an independent certified public accountant. If the association is a corporation, it shall provide the Racing Commission with a copy of its annual audited, consolidated financial statements contained in the corporation’s annual report to its shareholders and, if applicable, as submitted to the United States Securities and Exchange Commission.

23.2. All associations granted a license from the Racing Commission shall annually submit the names of the officers and a complete list of administrative personnel, showing addresses, duties and compensations. At least two (2) weeks after the start of each meet, the association shall submit a complete list of all other employees. With the exception of lead-outs, an association shall notify the Commission of any change in racing official personnel within ten (10) days of the change.

23.3. The president or general manager of the association shall annually provide a list of all stockholders to the Racing Commission.

23.4. Thirty (30) days prior to conducting a meet, each association shall submit to the Racing Commission the conditions for all races it proposes to hold, together with the stake, purse or reward, all of which are subject to the approval of the Racing Commission. All proposed purses are exclusive of any entrance or starting fees that may be charged.

W. Va. Code R. § 178-2-24 Other Requirements

24.1. Each association shall maintain adequate liability insurance for the association grounds and all racing officials employed by the association. Upon request, each association shall provide proof of insurance to the Commission.

24.2. No racing association may employ, in any capacity, an individual less than sixteen (16) years of age.

24.3. Each association shall observe and enforce the rules of racing and orders of the Racing Commission.

W. Va. Code R. § 178-2-25 Wagering

25.1. No racing association shall permit wagering to be made on the grounds of the association on any race run outside of the grounds, except as provided by W. Va. Code §19-23-12c. No foreign book or gambling device of any kind is permitted on the grounds, nor shall the association provide or permit to be provided any conveniences or facilities for the use of bookmakers, betting commissioners, their agents or their employees, except as provided by the W. Va. Code §19-23-6. No facilities shall be provided or permitted for the handling of "Come-Back" money at the track. The maintenance of credit accounts or the granting or extension of credit by the association in any form including markers, the payment of commissions in any form, the providing of telephone or other communication services and any other form of aid to bookmakers, betting commissioners, their agents or their employees are prohibited. This subsection does not prohibit wire service privileges or any other form of communication service privileges to legitimate and approved news outlets, which do not service bookmakers, betting commissioners or their agents or their employees. The Racing Commission shall give approval on other forms of communication service before the beginning of the race meeting for which the license is granted.

25.2. No racing association shall permit the making of handbooks on its grounds.

25.3. No minor shall be sold a pari-mutuel ticket nor be permitted to cash a pari-mutuel ticket at any licensed racetrack.

25.4. No association employee who is employed in any function related to racing may directly or indirectly wager money or anything of value on the results of a live race occurring on the grounds of an association licensed by the Commission.

W. Va. Code R. § 178-2-26 Facilities and Equipment

26.1. Officials’ Facilities.

26.1.a. The association shall maintain a stand for judges in a position commanding an uninterrupted view of the entire racing course. and is subject to approval of the Racing Commission.

26.1.b. Each association shall designate an office and suitable parking spaces for the exclusive use of the Racing Commission and all of its representatives. The association shall offer sufficient office space for private consultation, with office equipment, be equipped with a telephone it must also have sufficient space for the secure locked storage for Racing Commission records and supplies, with the key being available only to the Racing Commission or its representatives. The association shall also provide sufficient office space for the Racing Commission license clerk, auditors and Security Officer as requested by the Racing Commission.

26.2. Kennel Compound.

26.2.a. Each racing association shall provide facilities within the association grounds for a minimum of twenty (20) kennels. Each kennel shall consist of not less than fifty (50) crates. Each contracted kennel shall maintain an active list of not less than thirty-five (35) greyhounds. If a kennel's active list drops below the required number thirty-five (35), the Racing Commission shall direct the kennel to increase its active list to thirty-five (35) as soon as practicable.

26.2.b. Each crate shall be no smaller than the following dimensions: Length: forty-four (44) inches; Width: thirty-two (32) inches; Height: thirty-four (34) inches.

26.3. Audio and Video Equipment.

26.3.a. The association shall provide an approved telephone or intercommunication system to maintain contact between the judges and other designated stations.

26.3.b. The association shall install an automatic film timing device, approved by the Racing Commission, upon which the time of each race is recorded. This time is the official time for the race. In the event of a mechanical failure, the judge shall use a stop watch for the official time. When the stop watch is used as the official time of the race, its use shall be announced to the public.

26.3.c. The association shall install and use an approved type "Film Patrol" with not less than one (1) camera operating from a position designated by the Racing Commission.

26.3.d. The association shall furnish and maintain at its track, at all times during the period of racing, the necessary camera and equipment to produce motion pictures or video tape of each race from start to finish. The Racing Commission shall approve all cameras and camera equipment.

26.3.e. The association shall install a proper camera to record each race to serve as an aid to the judges. The Racing Commission shall approve the type of camera and the operator.

26.3.f. The association shall maintain on file for the duration of the meeting and one (1) month thereafter, all media of each race for reference or reproduction upon request of the Racing Commission.

26.3.g. The association shall prohibit the removal of race video or photo finish pictures from the association grounds unless approved by the judges.

26.4. Race Course.

26.4.a. The National Greyhound Association racetrack standards shall serve as the guide for race course design. The association shall provide an approved race course, subject to periodic inspections by the Commission or it representatives.

26.4.b. The race course shall:

26.4.b.1. Be constructed and elevated in a manner that is safe for greyhounds;

26.4.b.2. Have a surface including the cushion subsurface and base that is constructed of materials and to a depth that adequately provides for the safety of the greyhound; and

26.4.b.3. Have a drainage system.

26.5. Lure.

26.5.a. The association shall provide and maintain, in good working order, the lure to be used on the race course.

26.6. Official Scale.

26.6.a. The association shall provide and maintain, in good working order, an official scale or weighing device. The association shall require periodic certification of the accuracy of the scale or weighing device.

26.7. Starting Boxes.

26.7.a. Each racing association shall provide and maintain two (2) starting boxes on every race day of its meeting and on every day during the racing meeting on which it permits the schooling of greyhounds on its racing course. An additional reserve unit of starting boxes shall be provided and maintained on every race day.

26.8. Lighting.

26.8.a. The association shall provide an maintain, in good working order, lighting for the race course, patron facilities and kennel compound, which is adequate to ensure the safety and security of the patrons, permit holders and greyhounds and to ensure the proper operation of videotape and photofinish equipment.

26.8.b. The association shall provide auxiliary lighting for patron facilities and the kennel compound to serve in an emergency.

26.9. Test Area.

26.9.a. The association shall set aside an enclosed area for the purpose of collecting specimens for any tests required by the Racing Commission. The test area shall be operated under the supervision of the Racing Commission Veterinarian. The Racing Commission shall approve all aspects of the test area, including its location, arrangement, furnishings and facilities with refrigeration and hot and cold running water.

26.10. Modifications.

26.10.a. Any association contemplating a change of any kind pertaining to the race course or the erection of new buildings, stands or other structures, on the grounds of the association which are to be used as a part of the facilities for conducting a race meeting, shall notify the Racing Commission in writing before any changes are made. All modifications must be in compliance with this rule.

W. Va. Code R. § 178-2-27 Operations

27.1. Security.

27.1.a. Each association shall maintain and furnish police or security guard service as may be needed or requested by the Racing Commission. The police or security shall be fully empowered to enforce law and order and cooperate in the enforcement of this rule.

27.1.b. Each racing association shall restrict all unauthorized persons from entering restricted areas in the interest of public safety.

27.1.c. Each racing association shall monitor its grounds at all times in a manner to restrict the admission of persons in and around the kennels to only those occupational permit holders who require access to the kennels.

27.1.d. It is the responsibility of the racing association to assure that all individuals under the age of eighteen (18) years are properly supervised by an adult when admitted to the association grounds. In addition, no individual under the age of eighteen (18) years may be admitted in a restricted area without the written permission of the judges.

27.1.e. No photographer, other than the official photographer holding an occupational permit, is permitted on the racetrack, unless special permission is granted by the judges or the Racing Commission, and then only for those pictures that are specifically requested and in places as are indicated by the judges or the Racing Commission.

27.1.f. Upon request by the judges or the Commission, the racing association shall provide the judges with any incident reports, arrest information or other security related information, with the names and addresses of individuals alleged to have violated the law and any witnesses.

27.1.g. The association’s security staff shall cooperate with and provide assistance to the Racing Commission Security Officer and/or Investigator in the performance of their duties.

27.1.h. The association and all officials and employees thereof shall give every possible assistance to any state or federal government agency which may be investigating or prosecuting any person that they may suspect of being guilty of possessing any drug, narcotic, stimulant, depressant, local anesthetic, any electrical, mechanical or other device which, in the opinion of the judges, violates any provision of these rules.

27.2. Visitor’s Pass.

27.2.a. The association may issue a visitor’s pass to a person to enter restricted areas in accordance with these rules. Association security personnel shall maintain a log showing the date and time of issuance, the name of the visitor, pass number and the name and permit number of the permit holder requesting the pass. The visitor shall display the pass at all times while in the restricted area. However, only the judges may grant a visitor access to the kennel compound.

27.3. Fire Protection.

27.3.a. The association shall develop and implement a program for fire prevention on association grounds and instruct employees of the procedures for fire prevention. The association shall post an evacuation plan conspicuously throughout the association grounds.

27.4. Parasite and Rodent Control.

27.4.a. The association shall ensure effective insect, parasite and rodent control in all areas of the association grounds at all times during a race meeting.

27.5. Performances.

27.5.a. The minimum number of races per performance at all racetracks under supervision of the Racing Commission is ten (10), the maximum number of races per performance is twenty (20) unless otherwise authorized by the Racing Commission.

27.5.b. The association shall submit the post time for the first race at each meeting to the Racing Commission for its approval. And each race thereafter shall be run at intervals to be approved in advance by the Racing Commission. In the case of an emergency requiring adjustment to post times, the judges shall have the final decision after consultation with the association.

26.5.c. Each association shall maintain a sufficient number of lead-outs for each performance. In the event that the association experiences a shortage of lead-outs, it shall promptly appoint substitute lead-outs who shall be able to meet the requirements of this rule.

W. Va. Code R. § 178-2-28 Conflicts of Interest

28.1. No person who is the holder of a racing license, a director, officer, or any employee of a corporation, association, trust or partnership having or holding a license or who has a financial interest in the corporation, association, trust, partnership, or other business entity shall race or permit, or cause to be raced, any greyhound in which he or she has an interest, direct or indirect, at any meeting where racing is conducted under the license.

W. Va. Code R. § 178-2-29 Kennel Contracts

29.1. There shall be a kennel contract between the kennel and the association.

29.2. All ownership interests of the kennel must be disclosed in the kennel contract.

29.3. Any termination of the kennel contract by either party must be in writing and duly served on the other party, with a copy of said termination notice delivered to the Commission.

29.4. No later than October 1st of the current year, the association shall present its kennel contracts for the following year to the Racing Commission for approval. The Commission shall consider whether such contract complies with this rule and the provisions of any other applicable law.

W. Va. Code R. § 178-2-30 Program

30.1. The association shall prepare and print an official program for each racing performance. The program must contain the order of the races, the distance of each race and the track record for each distance.

30.2. The greyhounds' names shall appear in the order of their post positions. The post positions shall be designated by numbers placed at the left and in line with the names of the greyhounds.

30.3. The program shall contain: name; color; sex; date of whelping; breeding; established racing weight; number of starts in official races and number of times finishing first, second or third; name of owner and/or lessee; name of trainer; distance of race; track record; and other information.

30.4. The program must list at least the three most recent past performances for each greyhound scheduled to run An exception would involve a greyhound participating in its first official start where at least two official schooling lines must be displayed.

30.5. All past performance lines shall be in sequential order with the last performance appearing on the top line.

30.6. If the name of a greyhound is changed, the new name and the former name shall be published in the program until after the greyhound has started six times subsequent to the name change.

W. Va. Code R. § 178-2-31 Greyhound Adoption Program

31.1. The association shall provide a program to receive and maintain greyhounds for adoption.

31.2. All facilities used to maintain greyhounds are subject to inspection and approval by the Commission and shall be maintained in a manner to promote the health, safety and welfare of the greyhounds.

31.3. The association shall provide a plan which ensures sufficient personnel, training and funding to operate and maintain an adoption program consistent with the directions and orders of the Commission.

31.4. Crates housing the greyhounds available for adoption shall meet the same specifications as those used for housing greyhounds in the racing kennels.

31.5. Only one greyhound shall be housed per crate at any time.

31.6. A feeding program for all greyhounds in the adoption center shall be established and maintained by the association subject to the review and approval of the Racing Commission Veterinarian. Fresh water shall be available for the greyhounds in the adoption center at all times unless otherwise directed by a veterinarian.

31.7. Greyhounds placed in the adoption program are not to be utilized in any manner that is detrimental to the well being of the greyhounds.

31.8. The association shall ensure the following veterinarian services have been provided to each greyhound which is in the adoption program:

31.8.a. Fecal examination;

31.8.b. Heartworm test;

31.8.c. Vaccination series including DHLPP and rabies; and

31.8.d. Surgical sterilization.

PART 5. DUTIES AND REQUIREMENTS OF OCCUPATIONAL PERMIT HOLDERS

W. Va. Code R. § 178-2-32 General Provisions

32.1. Any person who is involved in or employed by those involved in racing or operating a licensed association or those operating concessions for or under authority from any association, shall have a valid occupational permit issued by the Racing Commission, unless he or she is otherwise specifically exempted by the Commission.

32.2. All applicants for an occupational permit, or renewal thereof, shall file an application with the Racing Commission License Clerk. The application shall be submitted to the judges who may issue the occupational permit, hold the application for further investigation, or refer it to the Racing Commission for final action. All judges shall review and sign all occupational permit applications.

32.3. All applicants for an occupational permit or renewal may be required to furnish their respective fingerprints for examination by the West Virginia Criminal Investigation Division and the Federal Bureau of Investigation. All applicants shall furnish fingerprints and sign an authorization for the release of information by the Criminal Investigation Division and Federal Bureau of Investigation. In addition to the permit fee provided in this rule, the Commission may assess the cost of the background check(s) to the applicant.

32.4. The association shall provide equipment for fingerprinting and photographing all occupational permit holders and shall provide the equipment necessary to include the picture of the permit holder on the permit.

32.5. All applicants for an occupational permit or renewal thereof shall pay the prescribed fee for the specific permit requested. The fees for occupational permits effective for calendar year 2012 and thereafter are listed in Table 32.5 included in this rule.

32.6. The Commission may assess an applicant or permit holder a credit card transaction fee for any required payment by the applicant or permit holder who chooses to pay by credit card.

32.7. Any person who is suspended or revoked, or whose permit has been denied by any racing board or commission in another jurisdiction shall apply to and be reinstated by the board or commission of that jurisdiction in which the original ruling was made before being eligible to hold an occupational permit by the Racing Commission.

32.8. All occupational permit holders shall visibly display identification while in restricted areas. In addition, all permit holders shall have their occupational permit on their person at all times while on association grounds. Permit holders shall be held responsible for the safekeeping of his or her permit. No occupational permit is transferable and no duplicate cards shall be issued except upon payment of a fee of five dollars ($5.00).

32.9. The judges or the Racing Commission may deny or refuse to renew an occupational permit if the applicant does not meet the requirements set forth in this rule for the permit sought, or for any reason that would constitute grounds for discipline under these rules, or if a conflict of interest exists or could exist by the issuance or renewal of the permit. In addition, the Racing Commission may designate categories of permit applications that require a determination of issuance or denial by the Commission and not the judges. The Racing Commission may require, however, that the judges provide a recommendation as to the issuance or denial of any such permit application.

32.10. When the judges or the Racing Commission deny an application for an occupational permit, they shall set forth the reasons for the denial in an Order or Ruling to the applicant and shall further report the matter to the Association of Racing Commissioners International.

32.11. The judges may allow any applicant for an occupational permit permission to pursue his or her vocation pending action on the application by issuance of a conditional permit.

32.12. Each occupational permit is valid for one (1) year, unless approved otherwise by the Commission. Each permit shall be renewed according to the following schedule: Permits issued to persons whose date of birth is January 1 through and including April 30 shall be renewed no later than April 30 of each year; permits issued to persons whose date of birth is May 1 through and including August 31 shall be renewed no later than August 31 of each year; and permits issued to persons whose date of birth is September 1 through and including December 31 shall be renewed no later than December 31 of each year.

32.13. The responsibility for obtaining an occupational permit for an employee rests with the employer. Any permit holder who employs an individual must report that employment to the judges and immediately obtain an occupational permit for the employee.

32.14. No individual under the age of sixteen (16) years shall be granted an occupational permit.

32.15. The judges or the Racing Commission may impose any condition on the issuance or renewal of an occupational permit that they consider necessary to protect the best interest of racing.

32.16. All permit holders shall abide by the laws of the State of West Virginia and these rules and accept the decision of the judges on all questions, subject to the right of appeal to the Racing Commission.

32.17. The Commission is authorized to confirm the immigration status of any applicant or permit holder.

W. Va. Code R. § 178-2-33 Workers’ Compensation

33.1. All occupational permit holders who are employers shall carry workers’ compensation insurance covering their employees, unless exempted by state law. Occupational permit holders shall produce proof of coverage or, if applicable, a letter of exemption from the West Virginia Insurance Commissioner, upon the request of the association or the judges.

W. Va. Code R. § 178-2-34 Consent to Search

34.1. Members of the Racing Commission, the judges, Racing Commission Veterinarian and Racing Commission Security Officer have the right to inspect and search any person on association grounds who has been granted an occupational permit by the Racing Commission, as well as any kennels, rooms, trailers, vehicles or other places or things within the association grounds and to seize any illegal substances or items discovered in such a search. By accepting an occupational permit, all permit holders are deemed to consent to the search and seizure as provided for by this section.

W. Va. Code R. § 178-2-35 Permit Holders

35.1. Kennel Owner.

35.1.a. A kennel owner who desires to race under a kennel name must apply for and obtain an occupational permit from the Racing Commission under the kennel name.

35.1.b. A trainer, who holds an occupational permit as an kennel owner or part owner, may use a kennel name as kennel owner or part owner. However, no trainer may be an occupational permit holder as trainer other than in his or her legal name.

35.1.c. In applying to race under a kennel name, the applicant shall disclose the identity or identities of all persons who have an ownership interest in the kennel.

35.1.d. If a partnership or other entities are involved in or have an interest in a kennel, each of the partners shall hold an occupational permit as kennel owner and each shall comply with the rules governing partnerships set forth herein.

35.1.e. Any changes in the parties involved in or having an interest in a kennel shall be reported immediately to the Racing Commission for approval.

35.1.f. A kennel owner holding an occupational permit cannot have an ownership interest in more than one kennel at the same time at the same association.

35.1.g. Any kennel owner desiring to change the kennel name must notify the Racing Commission and the association. The kennel owner must register the new name with the Racing Commission license clerk and pay the prescribed fee.

35.1.h. No kennel owner may register a kennel name that is already registered by any other kennel owner at the same association.

35.1.i. A kennel name shall be plainly distinguishable from that of another duly registered kennel name.

35.2. Greyhound Owner.

35.2.a. A greyhound owner's occupational permit is required of any person who is designated as an owner or lessee on the greyhound's National Greyhound Association registration papers, and of every person who has a right to receive any share of a purse won by a greyhound in this jurisdiction except kennel operators and their employees who are licensed in this jurisdiction.

35.2.b. The spouse of an owner does not need to be licensed unless the spouse's name appears on the greyhound's National Greyhound Association registration papers.

35.2.c. If a person is suspended or ejected from the association grounds, every greyhound wholly or partly owned by such person may also be suspended or ejected for the duration of such suspension or ejection. Any entry received from any person, or of any greyhound that stands suspended or expelled shall be void unless otherwise approved by the Commission.

35.3. Trainer.

35.3.a. Each trainer shall obtain an occupational permit from the Racing Commission, listing all the names of owners or part owners on the application for the occupational permit of all greyhounds trained by him or her.

35.3.b. All individuals applying for an occupational permit as a trainer shall pass an examination approved by the Racing Commission. Provided, any individual holding an occupational permit as a trainer as of the effective date of this rule shall be exempt from the examination requirement.

35.3.c. There shall be only one individual serving as trainer for any kennel at any given time.

35.3.d. The trainer is the absolute insurer of and is responsible for the condition of the greyhound entered in a race, regardless of the acts of third parties.

35.3.e. All trainers shall file with the Racing Commission and the association a roster displaying the name of the trainer, assistant trainers, authorized agent and other employees. If any kennel owner changes trainer, he or she shall notify the Racing Commission immediately and require the new trainer or any new employee to register in at the Racing Commission office at the association where the kennel is racing.

35.3.f. The trainer is required to be present on association grounds during the weigh-in of his or her greyhound scheduled to participate in a race. The trainer shall report in person to the weigh-in when summoned by a racing official.

35.3.g. If the trainer is to be absent from association grounds during the weigh-in of his/her greyhounds for a period of three (3) consecutive days or less, then the trainer must notify the Racing Commission Veterinarian and the judges in writing prior to the start of his/her absence and provide the name of the permit holder who will be assuming responsibility for the trainer during the trainer’s absence. If the trainer is to be absent from association grounds for more than three (3) consecutive days during which his/her greyhounds are to be weighed-in, then the kennel’s trainer-of-record must be changed and submitted to the Racing Commission Veterinarian and the judges.

35.3.h. A trainer shall have his or her greyhounds in the paddock at the time appointed.

35.3.i. Each trainer shall register all the greyhounds in his or her charge giving the name, age, sex, breeding, and ownership of each greyhound with the association’s racing secretary. The trainer shall not have any unregistered greyhound kenneled on the grounds of the association.

35.3.j. Each trainer shall register with the Racing Commission license clerk and the racing association security department every person he or she employs and every person affiliated with the operation of the kennel who requires access to the kennel compound. The trainer is responsible for the proper permitting of these individuals and shall not harbor, engage or have in his or her charge any person or persons not holding an occupational permit.

35.3.k. No trainer shall have in his or her charge or under his or her supervision any greyhound owned, in whole or in part, by a disqualified person.

35.3.l. No trainer shall move or permit to be moved any greyhound or greyhounds in his or her care from the grounds of an association without permission from the association's racing secretary and the judges.

35.3.m. Each trainer shall report to the association's racing secretary any greyhound under his or her care that is ineligible to be drawn into a race. The racing secretary shall immediately notify the judges. The reported greyhounds are not eligible to enter or to start until approved by the Racing Commission Veterinarian and schooled to the satisfaction of the judges.

35.3.n. Prior to the weigh-in, the trainer shall ensure the identification tag is attached to each greyhound's collar indicating the number of the race in which the greyhound is entered and its post position. This tag shall not be removed until the greyhound has been weighed out and blanketed.

35.4. Assistant Trainer.

35.4.a. The assistant trainer is responsible for assisting the trainer in the conditioning of greyhounds for racing.

35.4.b. All individuals applying for an occupational permit as an assistant trainer shall pass an examination approved by the Racing Commission for trainers. Provided, any individual holding an occupational permit as an assistant trainer as of the effective date of this rule shall be exempt from the examination requirement.

35.4.c. The assistant trainer must be qualified to execute the duties of trainer in the trainer’s absence. While executing the duties of trainer, the assistant trainer shall comply with the duties of the trainer as set forth in these rules.

35.5. Partnership.

35.5.a. Each and every partner, including husband and wife, must obtain an occupational permit as an owner in order for the partnership to operate at any licensed association. All partnerships shall complete all partnership forms as required by the Racing Commission or the association.

35.5.b. Partnership forms shall, at a minimum, set forth the following:

35.5.b.1. The name and address of each and every person having an interest in the greyhound or greyhounds involved;

35.5.b.2. The relative proportions of the interests;

35.5.b.3. To whom the winnings are payable;

35.5.b.4. In whose name the greyhound or greyhounds shall run;

35.5.b.5. With whom the power of entry and withdrawal rests; and

34.5.b.6. The terms of any contingency, lease or any other arrangement.

35.5.c. All partnership forms shall be signed by all parties or by their authorized agent.

35.5.d. To be effective, any changes to the partnership must be signed by all partners and reported in writing to the Racing Commission license clerk.

35.5.e. All partners are jointly and severally liable for all stakes, forfeits, and other obligations.

35.6. Authorized Agent.

35.6.a. Each authorized agent shall file a power of attorney, or other proper written instrument, with the Racing Commission that clearly sets forth the powers delegated to the agent.

35.6.b. Any changes in authorized agency relationship shall be in writing and filed with the Racing Commission license clerk.

35.6.c. The authorized agent’s occupational permit expires December 31 of each year, unless the agent's appointment is sooner revoked by the agent’s principle or by the Racing Commission.

35.6.d. The revocation of the authorized agency relationship shall be in writing, sworn to before a notary public, and filed with the Racing Commission.

35.7. Substance Abuse and Testing.

35.7.a. No occupational permit holder shall appear on the grounds of the association under the influence of alcohol or controlled substance.

35.7.b. Acting with reasonable cause, the judges or designated Racing Commission representative may direct any occupational permit holder to submit to appropriate testing, to which the permit holder is required to submit. If the results of such testing demonstrate that the permit holder is under the influence of alcohol or shows the presence of any controlled substance, the judges shall direct that the permit holder be relieved of his or duties for the day.

35.7.c. A sufficient sample should be collected to insure a quantity necessary for a split sample whenever possible.

35.7.d. Any permit holder who refuses to provide the samples required under this section as directed is in violation of this rule and is subject to discipline by the judges or the Racing Commission.

35.7.e. All testing shall be at the expense of the association.

35.7.f. For a first violation of this section, the permit holder shall not participate in racing until the permit holder has been professionally evaluated and evidences a negative test result. If, after professional evaluation, the permit holder’s condition proves non-addictive and not detrimental to the best interest of racing and evidences a negative test result, the permit holder may resume participation in racing, provided the permit holder agrees to further random testing at the discretion of the judges or designated Racing Commission representative.

35.7.f.1. If the professional evaluation after the first violation demonstrates to the judges that the occupational permit holder's condition is in fact addictive or detrimental to the best interest of racing, the permit holder shall be suspended and not be allowed to participate in racing until such time as he or she can produce a negative test result and show documented proof that he or she has successfully completed a certified alcohol or drug rehabilitation program approved by the judges or the Racing Commission. In addition, the permit holder shall agree to further random testing at the discretion of the judges or Racing Commission representative.

35.7.g. For all subsequent violations of this section, the permit holder shall be suspended until such time as the permit holder completes a certified alcohol or drug rehabilitation program approved by the judges or the Racing Commission. The permit holder may apply for reinstatement of his or her permit upon completion of program.

PART 6. PROHIBITED CONDUCT

W. Va. Code R. § 178-2-36 General Provisions

The Commission or the judges may deny or refuse to renew an occupational permit, or may suspend or revoke a permit, impose a fine, exclude from association grounds, and/or order other disciplinary measures against any person engaging in conduct which violates the provisions of this rule. The Commission may also deny or refuse to renew an association license, or suspend, revoke or otherwise impose discipline on a licensed association for violation of these rules.

W. Va. Code R. § 178-2-37 Prohibited Conduct

The following conduct is grounds for discipline by the judges or the Commission:

37.1. Disturbing the peace, in any manner, at any time, on the grounds of the association;

37.2. The use of profane, indecent or vulgar language to any racing official;

37.3. Refusal to obey an order of a racing official or security personnel of the Commission or the association;

37.4. Submission or knowingly allowing the submission to the Racing Commission, Racing Commission Security Officer/Investigator, judges, racing secretary or the National Greyhound Association any report or document which contains false or misleading information;

37.5. Altering any identification mark on a greyhound;

37.6. Making false or misleading statements to the Commission, its representatives or the judges in the course of an investigation;

37.7. Employing, in any capacity, an individual less than sixteen (16) years of age;

37.8. Harboring on the grounds of an association, engaging, or retaining in his or her employ, any person not holding an occupational permit;

37.9. Appearing on the grounds of the association under the influence of alcohol or drugs.

37.10. The use of any animal or fowl in the training or racing of greyhounds, which are being trained for pari-mutuel racing. Any greyhound that has been trained utilizing an animal or fowl shall be forever banned from participating in pari-mutuel racing.

37.11. Engaging in any dishonest or corrupt practice, fraudulent act, or other conduct detrimental to racing, including but not limited to bookmaking, touting or selling or purchasing mutuel tickets other than through mutuel machines.

37.12. Accepting or offering to accept on his or her own behalf or on behalf of another any gift or gratuity with intent to bribe.

37.13. Willfully entering, or causing to be entered or started in any race, a greyhound that he or she knows or believes to be disqualified.

37.14. Offering or receiving any amount of money or other consideration for the withdrawing of an entry out of any race.

37.15. Subjecting or allowing any animal under his or her control, custody or supervision to any form of cruelty, mistreatment, neglect, abuse, abandon or deprivation of necessary care or sustenance, shelter or veterinary care.

37.16. The use or possession on the grounds of any electrical or mechanical device or other expedient designed or intended to increase or decrease the speed of a greyhound.

37.17. Tampering, attempting to tamper, or aiding and abetting the tampering with any greyhound in such a way as to affect its speed in a race.

37.18. Engaging in any act which creates an unfair advantage in a race, any act which would tend to mislead the betting public, or any act detrimental to the best interest of racing.

37.19. Engaging in any act, or possessing any substance or drug, that is intended to interfere with any specimen testing procedure.

37.20. Making a handbook or foreign book on the grounds of an association.

37.21. Soliciting for or wagering with a handbook or a foreign book on the grounds of an association. A resale of any pari-mutuel ticket from an individual to another is prohibited.

37.22. Except for a veterinarian licensed in the State of West Virginia or except when specifically authorized by the Racing Commission Veterinarian or judges, possession of any illegal drugs, stimulants, hypodermic needle, syringe or injectable of any kind on the association grounds.

37.23. Obtaining food, feed, shelter, drugs, transportation, services for greyhounds, veterinary services or supplies for oneself or others, regardless of whether the other holds an occupational permit, and failing to pay for such services or supplies. This conduct may result in disciplinary action only if there has been a court judgment issued as to the amount of debt. Neither the association nor the Racing Commission are obligated to collect any debt.

37.24. Conviction of a crime in any jurisdiction. In considering the conviction, the judges or the Commission shall examine: (1) the nexus, or relationship, between the crime committed and the qualifications, functions or duties necessary to engage in the racing industry; (2) the nature and seriousness of the conduct; (3) the individual’s conduct since the events leading to the conviction; (4) the individual’s age and maturity at the time of the offense; (5) the amount of time that has elapsed since the conviction; (6) whether the conviction represented an isolated event; and (7) whether the individual demonstrates any consciousness of the wrongfulness of his conduct, i.e., remorse.

37.25. Any misrepresentation in connection with racing, breeding or otherwise;

37.26. Allowing another to use one’s occupational permit or badge for the purpose of transferring any of the benefits pertaining to the occupational permit card or badge.

37.27. Violation of the rules of racing in any other jurisdiction.

37.28. Violation of any judges’ ruling or Racing Commission Order.

37.29. Engaging in other conduct which violates any provision of these rules.

PART 7. GREYHOUND RULES OF THE RACE

W. Va. Code R. § 178-2-38 Registration

38.1. The National Greyhound Association of Abilene, Kansas is recognized as the official breeding registry of all greyhounds.

38.2. Any person wishing to enter a greyhound for racing or schooling at any association shall have it tattooed and registered in the National Greyhound Association, including the last six (6) performance lines, if applicable. The racing history of the greyhound shall be made available to the association's racing secretary.

38.3. All certificates of registration shall be available at all times for inspection by the judges.

38.4. All transfers of any title, leasehold, or other interest in a greyhound that is schooled, entered or racing at any association under the jurisdiction of the Racing Commission shall be registered and recorded with the National Greyhound Association.

W. Va. Code R. § 178-2-39 Schooling

39.1. Greyhounds shall be properly schooled in the presence of the judges, and shall, in the opinion of the judges, be sufficiently experienced before they can be entered or started.

39.2. All schooling races shall be at a distance not less than the distance nearest to 5/16 mile in use at the association.

39.3. Each official schooling race shall consist of at least six (6) greyhounds. However, if this requirement is not feasible, less than six (6) may be schooled with the permission of the judges.

39.4. Hand schooling shall not be considered official schooling.

39.5. Any greyhound that has not been entered for a period of six (6) racing days and/or has not raced for a period of ten (10) racing days or more, shall be schooled at least once at its racing weight before being eligible for entry.

39.6. All greyhounds in official schooling races shall be raced at their established racing weight and started from the starting box wearing their blankets.

39.7. The judges shall order any greyhound on the schooling list to be officially and satisfactorily schooled before entering a race.

39.8. Each association shall provide a photo-finish camera approved by the Racing Commission to be in operation at all official schooling races.

W. Va. Code R. § 178-2-40 Grading

40.1. There shall be six (6) grades for experienced greyhounds. When designating the grades of races, the Grades AA, A, B, C, D, and M will be used. Grade AA is the highest classification, but this grade shall not be in effect unless twenty (20) or more greyhounds are on the premises and capable of being entered in this grade. Grade D is the lowest classification, and grade M refers to maiden classification, which indicates greyhounds that have not won an official race or that have not reached the age of twenty-four (24) months.

40.2. The winner of any graded race shall advance one (1) grade until reaching Grade AA: Provided, however, that any greyhound which wins in a maiden classification has the option of racing in a grade C or grade D event.

40.3. In Grades AA, A, B, any greyhound which fails to finish third or better in three (3) consecutive events shall be dropped one (1) grade. In these grades, any greyhound that fails to finish better than one third position in any four (4) consecutive starts shall also be lowered one (1) grade. In grade C, events any greyhound that fails to finish fourth or better in any four (4) consecutive starts shall be lowered one (1) grade. In grade D events any greyhound that fails to finish fourth or better in any four (4) consecutive starts is ineligible to race for the remainder of the current race meeting.

40.4. T races designate mixed grade races and shall consist of greyhounds within two consecutive grades and shall be at a distance of 3/8 or longer. The greyhound's regular grade shall follow the designation T in the program.

40.5. S (stake races) may be of a mixed grade and may be scheduled by the racing association with the approval of the Racing Commission. The greyhound's regular grade shall follow the designation S in the program.

40.6. Stakes Q shall indicate qualifying races and the regular grade of the greyhound shall also be listed.

W. Va. Code R. § 178-2-41 Entries

41.1. For all races, the association's racing secretary is responsible for and authorized to receive entries and withdrawals.

41.2. Every entry in a race shall be in writing and in the name of the greyhound owner, lessee or his or her kennel name. Entries received by facsimile are acceptable. However, no entries will be accepted over the telephone.

41.3. The complete name of every person having an ownership interest in a greyhound or accepting the payout percentage shall be registered with the association's racing secretary before the draw. Every change in ownership or interest thereafter made during that meeting shall be promptly delivered to the Racing Commission license clerk by the racing secretary of the association where the greyhound is racing.

41.4. If it is determined that any greyhound that has run in a race should have been disqualified from running in that race, then its winnings in that race shall be forfeited and the purse redistributed by the judges. The redistribution shall in no way affect the pari-mutuel pay off for the race.

41.5. The racing secretary or the judges may call on any person in whose name a greyhound is entered to produce proof that the greyhound entered is not owned, either wholly or in part, by any person who is disqualified. If the person fails to produce this proof, the judges may remove the greyhound from the race.

41.6. No greyhound shall be permitted to start that has not been fully identified.

41.7. Any person who fraudulently attempts to establish himself or herself as the owner of a greyhound shall be held responsible as the owner.

41.8. Disqualified greyhounds are not permitted to be entered or started in any race. If the association receives an entry from any person for a greyhound that is disqualified, the entry is void and the entrance fee, if any, shall be refunded.

41.9. No greyhound shall be permitted to enter or to start in any race when owned, in whole or in part, or when under the control of a disqualified person.

41.10. If a greyhound is sold to a disqualified person, the greyhound's racing engagements are void as of the date of sale.

41.11. No greyhound shall be permitted to enter or start a race unless conditioned by a licensed trainer.

41.12. No entry shall be accepted from a spouse while the other spouse is disqualified.

41.13. No greyhound on the schooling list or the veterinarian's list shall be permitted to enter or to start a race.

41.14. No greyhound under the age of fifteen (15) months shall run in any official race other than races conditioned for greyhounds of the same age.

41.15. In purse races, there shall be no less than eight (8) greyhounds scheduled in each race, with at least six (6) greyhounds of completely different ownership. No kennel shall have more than two (2) greyhounds in any race except in stakes races and feature races. The association may schedule less than eight (8) greyhounds per race only if approved in advance by the Commission. Nothing in the section is to be construed as prohibiting the running of a race with less than eight (8) greyhounds if it results from the scratching of one or more greyhound from the race.

41.15.a. Double entries are not allowed until all single interests are used and standard rules of the draw observed.

41.15.b. Double entries shall be uncoupled for wagering purposes.

41.15.c. There shall be no more than two (2) double kennel entries in any race except stakes races and feature races.

41.15.d. Upper grade distance races (AA and A) shall consist of no more than two (2) owners who have a double entry.

41.16. Once closed, all entries shall be compiled without delay and conspicuously displayed by the association's racing secretary.

41.17. Once closed, only the association’s racing secretary may make corrections to any entry.

41.18. All entries are free unless otherwise stipulated in the race conditions. If the conditions require an entrance fee, the fee shall accompany the entry.

41.19. Entries for stake races, the conditions of which have previously been published, shall close at the time advertised in the publication. No entry shall be received after that time, except when races fail to fill, then the judges may grant additional time.

41.20. When the association designates a specific time for the closing of nominations/entries for a stakes race, no entries may be accepted after such time. When the association does not designate a specific time for the closing of nominations/entries for a stakes race, then the nomination/entry must be received no later than 5 p.m. on the day of closing.

41.21. An entry in a stake race is a nomination, which cannot be withdrawn unless the Racing Commission veterinarian approves the withdrawal.

41.22. A greyhound shall not become a starter for a stake race unless there has been paid any stake or entrance fee due in respect to that race.

41.23. Unless otherwise required by this rule, entrance fees are not refundable.

41.24. A person making a wrong entry or nomination is liable for the stake and forfeits under the nomination.

41.25. When a race is not held, for any cause, all stakes or entrance money paid shall be refunded.

W. Va. Code R. § 178-2-42 Withdrawals and Scratches

42.1. The withdrawal of a greyhound from of an engagement is irrevocable.

42.2. Withdrawals from stakes races shall be made in the same manner as making an entry. The association’s racing secretary shall record the day and hour of receipt of the withdrawal and take appropriate action to make the withdrawal known to the public.

42.3. Withdrawals from purse races shall be made by the trainer to the association's racing secretary or his or her assistant at any time before the post positions are assigned.

42.4. To scratch a greyhound entered in a race, sufficient cause shall be given to satisfy the judges.

42.5. Any scratch that is the result of a violation of this rule is grounds for the judges to impose disciplinary action against the offending permit holder(s).

42.6. Notwithstanding the provision of any other rule, the judges may cancel the race if three (3) or more greyhounds are withdrawn or scratched in any one race.

W. Va. Code R. § 178-2-43 Post Positions

43.1. The association’s racing secretary shall assign the post position of greyhounds by method of random selection, supervised by one or more judges, at a time and place properly posted in the paddock, at least one (1) day prior to the running of the races. Any owner, trainer or authorized agent may be present if they desire.

W. Va. Code R. § 178-2-44 Weights and Weighing

44.1. All greyhounds shall be weighed not less than one (1) hour before the time of the first race of the day. All greyhounds shall be weighed wearing an approved leash, muzzle and collar.

44.2. Before a greyhound is allowed to school or race at any association, the trainer shall establish its racing weight with the paddock judge.

44.3. At weighing-in time, if there is a variation of more than one and one-half (11/2) pounds either way from its established weight, the judges shall order the greyhound scratched.

44.4. At weighing-out time, if a greyhound loses weight in excess of one and one-half (11/2) pounds from its weigh-in weight while in the lock-out kennels, the judges shall order the greyhound scratched. However, upon a certificate from the veterinarians that this loss of weight while in the lock-out kennels does not impair the racing condition of the greyhound, the judges may allow the greyhound to race.

44.5. At weighing-in time if there is more than a two (2) pound variation between a greyhound’s weight in the present race and its weight at weighing-in time of its last race, the judges shall order that greyhound scratched.

44.6. The weight requirements provided in this section shall be printed in the daily program.

44.7. Immediately after being weighed in, the greyhounds shall be placed in a lock-out kennels under the supervision of the paddock judge. No owner or other person with the exception of the paddock judge, veterinarian, kennel master, scales clerk, lead-out, judges or Racing Commission's representatives, shall be allowed in or near the lock-out kennels.

44.8. The established racing weight may be changed from time to time on written request of the owner or trainer. The change must be made four (4) calendar days before the greyhound is allowed to race at the new weight.

44.9. A greyhound having an established weight change of more than one (1) pound may be required to be schooled at least once, at the discretion of the judges, at the new established weight before it is eligible for starting.

44.10. Greyhounds that have not raced or schooled officially for a period of three (3) weeks shall be allowed to establish a new racing weight.

44.11. The judges may order a greyhound to be weighed at any period from the time the greyhound is entered in a race until post time.

W. Va. Code R. § 178-2-45 Running of the Race

45.1. The greyhounds shall be started from a starting box, which has been approved by the Racing Commission. There shall be no start until and no recall after, the doors of the starting box have opened.

45.2. The time of the race shall begin from the opening of the doors of the starting box.

45.3. If a greyhound bolts the course of its own volition, runs in the opposite direction, or does not run the entire prescribed distance of the race, the greyhound forfeits all rights in the race and no matter where the greyhound finished, the judges shall declare the finish of the race the same as if the greyhound were not a contender. However, for the purpose of the rule, the greyhound shall be considered a "starter".

45.4. If a greyhound bolts the course of its own volition or runs in the opposite direction during the running of the race, and the greyhound, in the opinion of the judges, interferes with any other greyhound in the race, the judges shall declare a "No Race" and all moneys wagered shall be refunded, except when, in the opinion of the judges, the interference clearly did not affect the outcome of the race.

45.5. If it appears that a greyhound may interfere with the running of the race because of its failure to leave the box, any person under the supervision of the judges stationed around the race course may remove the greyhound from the race course. However, for the purpose of the rule, the greyhound shall be considered a "starter".

45.6. All greyhounds shall wear the regulation association muzzle and blanket when racing. Blinker muzzles may not be used.

45.7. Muzzles and blankets shall be carefully examined in the paddock by the paddock judge before the greyhounds leave the post, and again before the judges at the judges' stand or before the starter at the starting box by the patrol judge.

45.8. All greyhounds shall be exhibited in the show paddock before post time of the race in which they are entered.

45.9. After the greyhounds leave the paddock on their way to the starting box and, until the judges direct the gates to be reopened, all persons except the racing officials and necessary attendants shall be excluded from the race course.

45.10. No race shall be called official unless the lure is in advance of the greyhound at all times during the race. If, at any time during the race, any greyhound catches or passes the lure, the judges shall declare it "No Race" and all moneys shall be refunded.

45.11. If at any time during the race there is a malfunction of the lure, which at the discretion of the judges creates unfairness to any greyhound, the judges may declare a “No Race” and all moneys shall be refunded.

45.12. If less than four (4) greyhounds finish the race, the judges shall declare a “No Race” and all moneys shall be refunded.

W. Va. Code R. § 178-2-46 Dead Heats

46.1. When greyhounds run a dead heat for first place, all moneys and prizes to which the greyhounds would have been entitled shall be divided equally between them. This applies regardless of the number of greyhounds running a dead heat. Each greyhound shall be determined a winner.

46.2. When greyhounds run a dead heat for second place, they shall divide the second and third moneys.

46.3. When greyhounds run a dead heat for third place, they shall divide the third and fourth moneys.

46.4. If the dividing owners cannot agree as to which of them is to receive some other prize which cannot be divided, the recipient of the prize shall be determined by lot in the presence of one (1) or more of the judges.

W. Va. Code R. § 178-2-47 Objections

47.1. All objections must be made to the judges in writing, dated and signed by the permit holder making the objection. The objection must clearly state the grounds for the objection.

47.2. Permission of the judges is necessary before an objection can be withdrawn.

47.3. Objections shall be filed with the judges within forty-eight (48) hours from the conclusion of the race which is the subject of the objection, unless waived by the judges. If not otherwise prohibited by these rules, the judges’ decision resulting from an objection may be appealed to the Commission.

47.4. Objections pertaining to a greyhound engaged in a race may be made by the kennel operator or trainer of some other greyhound engaged in the same race.

47.5. Objections to any decision of the clerk of scales shall be made before the greyhounds leave the paddock for the start of the race.

47.6. Unless the judges declare otherwise, the filing of an objection shall not cause the prize or purse to be held until the objection is ruled upon. If an objection is declared valid, the judges shall determine the new order of finish and the redistribution of all purse monies, if not already distributed. If already distributed, the judges shall take necessary action to enforce their decision on the objection. The judges' decision shall not affect the pari-mutuel payout.

47.7. Objections that the judges determine to be frivolous, without foundation, or made in bad faith may be cause for discipline.

W. Va. Code R. § 178-2-48 Purses

48.1. Unless the Commission approves otherwise, purses shall be paid directly to the owner of a greyhound or, if the greyhound is leased, the purse shall be paid according to the written lease agreement on file with the association.

48.2. The holder of a claim whether it is a mortgage, a bill of sale, or lien of any kind against a greyhound shall file a notarized copy with the association's racing secretary prior to the time the greyhound starts. The holder of a claim who fails to file the claim shall forfeit his or her rights in the winnings of the greyhound previous to the time his or her claim is properly filed.

PART 8. GREYHOUND WELFARE, HEALTH AND MEDICATION

W. Va. Code R. § 178-2-49 Female Greyhound Considerations

49.1. Bitches coming in season during the racing meeting shall not be accepted for entry within thirty (30) days from the date of coming in season. Before being accepted for entry, these bitches shall be examined by the veterinarian and schooled to the satisfaction of the judges.

49.2. Bitches in milk are not eligible to school or to race.

49.3. Owners and trainers shall report bitches in season to the judges and the Racing Commission Veterinarian.

W. Va. Code R. § 178-2-50 General Care of Greyhounds

50.1. Any veterinarian practicing veterinary medicine on a racetrack shall use "one-time disposable type needles" and shall keep them in his or her possession until disposed of by him or her away from the association grounds.

50.2. Any illness or unusual symptoms of illness shown by a greyhound shall be immediately reported by the trainer or attending veterinarian to the judges and Racing Commission Veterinarian.

50.3. When directed by the Racing Commission Veterinarian, every greyhound owner, kennel owner, trainer or authorized agent shall immediately submit any greyhound on association grounds, of which he or she is the owner, lessor, trainer or authorized agent, to any veterinary surgeon for any examination or tests the Racing Commission Veterinarian considers advisable. In addition, the judges may notify the National Greyhound Association of any evidence that a greyhound has been mistreated or neglected, whether or not such mistreatment or neglect occurred on association grounds.

W. Va. Code R. § 178-2-51 Medications and Drugs

51.1. No greyhound participating in a race shall have been given or administered any internal or external substance, narcotic, stimulant, local anesthetic or drug which is foreign to the natural greyhound. Innocuous compounds, such as flea/tick products are permitted under this rule and must be reported to Racing Commission Veterinarian prior to weigh-in and approved by the judges.

51.2. The trainer is the absolute insurer of and is responsible for the condition of the greyhound entered in a race, regardless of the acts of third parties. However, the owner of the greyhound, the foreman in charge of the greyhound, the attendant and any other person shown to have had the care, or attendance, of the greyhound may also be found in violation of this rule by the judges.

51.3. Any moneys and/or prizes won by a greyhound found to have been administered a substance in violation of this section shall be forfeited and redistributed.

51.4. An investigation by the Racing Commission or the association into an alleged violation of this section may result in the judges suspending all greyhounds racing out of the investigated kennel pending the conclusion of the investigation.

51.5. Any portion of the purse, if not already paid, which is to be redistributed in accordance with the provisions of this section, shall be held until the redistribution is approved by the judges. This subsection applies only to the amount payable to the owner or owners of the disqualified greyhound and shall not prevent payment due to other greyhounds in the race pending approval of the judges.

51.6. Urine, blood and other specimens shall be taken and tested from the greyhounds as the judges or the Racing Commission Veterinarian may designate. The Racing Commission Veterinarian or other persons designated by him/her shall collect the specimens. Testing is conducted under the supervision of the Racing Commission.

51.7. Samples collected may be frozen. All samples shall be submitted to a laboratory approved by the Racing Commission, to be known as official laboratory. The racing association shall pay all laboratory expenses for sample analysis.

51.8. The official laboratory selected by the Racing Commission shall be accredited by the Association of Official Racing Chemists. The official laboratory shall make all reports directly to the Racing Commission Veterinarian.

51.9. Each specimen shall be marked and bear any information that may be essential to its proper analysis. The identity of the greyhound from which the specimen was taken or the identity of its owner, trainer or kennel shall not be revealed to the official laboratory or its staff. The container of each specimen shall be sealed as soon as the specimen is placed in it.

51.10. No action shall be taken by the judges on the report of the official laboratory unless and until the substance or drug has been properly identified as well as the greyhound from which the specimen was taken nor until such time as an official report signed by the chemist has been received by the judges.

51.11. The winner and any other greyhounds that the judges may designate shall be taken immediately after the race to the testing area for the taking of specimens of body fluids and eliminations as directed by the Racing Commission Veterinarian.

51.12. The Judges or Racing Commission Veterinarian may also require the taking of specimens from any greyhound kenneled at an association during a race meeting.

51.13. The owner, trainer or authorized representative shall witness the taking of any specimen from his/her greyhound and sign the sample tag on such specimen. If, for any reason, the trainer is not or cannot be present at the time of collection the specimen from his/her greyhound, the person actually in custody of the greyhound is deemed authorized to witness the taking and sealing of the specimen and has the trainer's authority to sign as witness to this action. Provided, the Racing Commission Veterinarian is authorized to take any specimen from the greyhound while in the lock-out kennel without the presence or witness of the owner, trainer or authorized representative.

51.14. No owner, trainer or authorized representative may willfully fail to witness the taking of a specimen, or impede, prevent or otherwise interfere with the taking of any specimen, or refuse to sign the specimen tag to the taking of a specimen. Such conduct shall be reported to the judges, who may subject the person or persons guilty of the interference to immediate suspension from the meeting. However, any owner, trainer, or authorized representative may sign, under protest, the specimen tag as long as the reason for the protest is stated in writing and given to the Racing Commission Veterinarian.

51.15. The Racing Commission Veterinarian, the judges or authorized representatives of the Racing Commission may confiscate any substances or other items suspected of containing improper substances which could affect the racing condition of a greyhound in a race, which may be found in the kennels or elsewhere on the racetracks or in the possession of such tracks or any person connected with racing. These substances or items shall be delivered to the official laboratory for analysis under the same conditions as are prescribed for analysis of saliva and urine. Once returned from the official laboratory, the Racing Commission may, if necessary, maintain custody of the confiscated medicine or items.

W. Va. Code R. § 178-2-52 Euthanasia

52.1. In the event that it becomes necessary for a permit holder to have a greyhound euthanized, the euthanasia may only be done by licensed veterinarian.

52.2. All greyhound euthanasias and deaths must be reported to the Racing Commission Veterinarian.

52.3. The Racing Commission Veterinarian is authorized, but not required, to conduct a post-mortem examination on a greyhound to determine injury or sickness which resulted in the euthanasia or death if a greyhound suffers a breakdown on the track or the dies while kenneled on association grounds.

W. Va. Code R. § 178-2-53 Transportation of Greyhounds

53.1. Any greyhound entering a West Virginia Greyhound track shall be accompanied by a State issued Department of Agriculture Certificate of Veterinary Inspection (health certificate) or a federally issued USDA APHIS Form 7001 Certificate of Health Examination. Such certificates are valid for thirty (30) days from the date of inspection and must be signed by an accredited veterinarian. Current documentation of vaccination status shall be included on the Certificate of Veterinary Inspection or on a separate Vaccination Certificate that has been issued by an accredited veterinarian. All vaccinations shall be administered by a licensed veterinarian within the previous 12 months and shall include: Rabies (indicate type, manufacturer and serial number), Distemper, Hepatitis, Leptospira, Adenovirus, Parvovirus, Parainfluenza (DA2HLPP), Bordatella, and Canine Influenza Virus. Annual vaccination boosters are required while the greyhound is housed in the track kennel compound.

53.1.a. Certificate of Veterinary Inspection Exemption: Any Greyhound traveling directly from one West Virginia Greyhound track to another West Virginia Greyhound track shall be exempt from the Certificate of Veterinary Inspection requirement provided that the Greyhound has officially raced or has engaged in official schooling at the originating West Virginia Greyhound track within the previous thirty (30) days prior to transport. If the Greyhound has not officially raced or officially schooled during the previous thirty (30) days prior to transport, then a Certificate of Veterinary Inspection shall be required.

53.1.b. In lieu of a thirty (30) day Certificate of Veterinary Inspection, the Greyhound must be accompanied by a copy of its most current race lines providing proof of origin from a West Virginia Greyhound track.

53.2. All current vaccination records shall be kept attached to the greyhound registration papers which are on file with the racing secretary.

PART 9. GREYHOUND TRAINING TRACKS

W. Va. Code R. § 178-2-54 Greyhound Training Track Requirements

54.1. Any training track funded pursuant to West Virginia Code §19-23-10(d) must be approved by the Commission in accordance with these rules.

54.2. The state may own, operate and/or lease any training track funded pursuant to West Virginia Code §19-23-10(d). The state may contract operations to a private entity. Any lease or contract for services shall meet the requirements of West Virginia Code § 5A-3-1 et seq. and the purchasing requirements of the Department of Administration.

54.3. The track compound shall have the following:

54.3.a. A minimum area of ten acres for development of the initial facility and an additional ten acres available for future expansion;

54.3.b. An approved sewage disposal system;

54.3.c. Adequate ingress and egress for safety and accessability; and

54.3.d. Adequate parking.

54.4. The track shall be at least 1,320 feet in circumference or 1/4 mile in length.

54.5. The track shall have an approved racing surface, rails, lure, timing equipment, starting box and perimeter fencing.

PART 10. WEST VIRGINIA GREYHOUND

BREEDING DEVELOPMENT FUND

W. Va. Code R. § 178-2-55 West Virginia Greyhound Breeding Development Fund

55.1. The Racing Commission shall serve as the official registering agency and process all affidavits, breeding, whelping and individual registrations to maintain the West Virginia Bred Greyhound Registry and the West Virginia Whelped Registry.

55.2. To be eligible to receive purse money in a stake race where the purse is funded in whole or in part with money from the West Virginia Greyhound Breeding Development Fund as well as or for purse supplements and awards that are funded in whole or in part from the West Virginia Greyhound Breeding Development Fund, all registered owners of the greyhound shall be a bona fide resident of West Virginia as required by West Virginia Code § 19-23-10(d).

55.3. An owner of a greyhound claiming to be a bona fide resident of this State must satisfy all of the following requirements:

55.3.a. The owner of a registered greyhound may not claim residency in any other State, the District of Columbia, a territory or possession of the United States, a foreign country, or any other place outside this State.

55.3.b. When the owners of a registered greyhound are husband and wife, each must be a bona fide resident of this State.

55.3.c. When the owner of a registered greyhound is a corporation, the corporation must have its commercial domicile in this State and each owner of an equity interest in the corporation must be a bona fide resident of this State. As used in the preceding sentence, “corporation” includes any corporation, association, syndicated, publicly traded partnership or other group treated as a corporation for federal income tax purposes.

55.3.d. When the owner of a registered greyhound is a partnership, limited liability company or any other entity treated as a partnership for federal income tax purposes, the entity must have its commercial domicile in this State and each partner, member or other person owning an equity interest in the partnership, limited liability company or other entity treated as a partnership for federal income tax purposes must be a bona fide resident of this State.

55.3.e. When the owner of a registered greyhound is a trust, the trust must be a resident trust, the administrator of the trust, by whatever name called, as well as all of th e beneficiaries of the trust must be bona fide residents of this State.

55.4. Proof of bona fide residency.

The owner of a registered greyhound must prove bona fide residency by providing the Commission with true copies of the following documents:

55.4.a. A true copy of the personal income tax return of the owner filed with the West Virginia Tax Commissioner for the most recently completed tax year and for each of the three tax years prior to the most recently completed tax year: Provided, That once true copies of the owner’s West Virginia personal income tax returns have been filed with the Racing Commission for the four most recent completed consecutive tax years, only a true copy of the owner’s personal income tax return for the most recently completed tax year needs to be filed with the Racing Commission each year thereafter.

Example. The owner first files the papers required by this paragraph on May 1, 2006. The filing will include true copies of personal income tax returns filed with the West Virginia Tax Commissioner for calendar years 2002 through 2005. In May of 2007, the same owner again files with the Racing Commission. That filing will include a true copy of the personal income tax return filed with the West Virginia Tax Commissioner for calendar year 2006. The May 2007 filing will not include copies of the returns filed for calendar years 2003 through 2005 because the Racing Commission already has copies of those returns.

55.4.b. A true copy of the property tax payment receipt issued by the county sheriff showing payment of real or personal property taxes on property located in West Virginia during the most recent property tax year (calendar year) for which tax tickets have been issued by the county sheriff and true copies of receipts showing payment of property taxes on property in this State for each of the three property tax years (calendar years) prior to the most recent property tax year for which property tax tickets have been issued: Provided, That once true copies of property tax receipts showing the owner paid property taxes on property located in this State have been filed with the Racing Commission showing payment of property taxes for four consecutive property tax years, only a true copy of the owner receipt showing payment of property taxes for the most recent property tax year for which property tax tickets have been issued by the county sheriff needs to be filed with the Racing Commission each year thereafter.

55.4.c. If the filing with the Racing Commission occurs after first half property taxes are paid but before second half property taxes are due and the owner did not prepay second half property taxes, the owner only has proof of payment of first half property taxes to file showing payment of property taxes for the most current property tax year for which tax tickets have been issued. Proof of payment of second half property taxes will be filed the next time the owner is required to show proof of residency.

Example. The property tax year is the calendar year. Tax tickets for calendar year 2005 are issued by the county sheriff in July of 2005. The amount of taxes due are payable in two installments. Half is due September 1, 2005 and half is due March 1, 2006. The papers required by this paragraph are filed with the Racing Commission on May 1, 2006. That filing should include property tax receipts showing that the owner paid West Virginia property taxes levied for tax year (calendar year) 2005 and for tax years 2004, 2003 and 2002. For each year the owner must provide a true copy of receipts showing full payment of taxes levied for the tax year. If the owner pays property taxes for the full year in a single payment each year, the owner will file true copies of four receipts showing full payment of property taxes for the years 2001 through 2005. If the owner pays property taxes in two installments each year, the owner will remit true copies of eight property tax receipts for these years. In May of 2007, the same owner again files with the Racing Commission. That filing will include either a true copy of one receipt showing full payment of property taxes levied for property tax year 2006 or true copies of receipts showing payment of first half and second half taxes for the 2006 property tax year. The May 2007 filing will not include copies of property tax receipts showing payment of property taxes levied for calendar years 2003 through 2005 because the Racing Commission already has copies of those returns.

55.4.d. In the event that an owner is unable, because of his or her age, to produce the required tax returns required by these rules, the owner may petition the Racing Commission to prove his or her bona fide residency through other means as determined by the Racing Commission on a case by case basis.

55.4.e. If the owners of a registered greyhound are husband and wife, each must be a bona fide resident of this State for the period required by W. Va. Code §19-23-10. Failure of either one to so qualify results in both the husband and the wife being ineligible to receive any purse in a stakes race funded in whole or in part from the West Virginia Greyhound Breeding Development Fund or any purse supplement or award that is funded from that Fund.

55.4.f. If the owner of a registered greyhound is a corporation or other organization treated as a corporation for federal income tax purposes, or is a partnership, limited liability company or other organization treated as a partnership for federal income tax purposes, all owners of an equity interest in the corporation, or other organization treated as a corporation for federal income tax purposes, or in the partnership, limited liability company or other organization treated as a partnership for federal income tax must be a bona fide resident of this State for the period required by W. Va. Code §19-23-10. Failure of any equity owner to qualify as a bona fide resident of this State results in the corporation, partnership, limited liability company or other organization treated as a corporation or partnership for federal income tax purpose being ineligible to receive any purse in a stakes race funded in whole or in part from the West Virginia Greyhound Breeding Development Fund or to receive any purse supplement or award that is funded from the West Virginia Greyhound Breeding Development Fund.

55.4.g. If the owner of a registered greyhound is a trust, the trust must be a resident trust and its administrator(s) and all of the trusts beneficiaries must be bona fide residents of this State for the period required by W. Va. Code §19-23-10. Failure of the administrator(s) of the trust, by whatever name called, or failure of any beneficiary of the trust to qualify as a bona fide resident of this State for the period required by W. Va. Code §19-23-10 results in the trust and its beneficiaries being ineligible to receive any purse in a stakes race funded in whole or in part from the West Virginia Greyhound Breeding Development Fund or to receive any purse supplement or award that is funded in whole or in part from the West Virginia Greyhound Breeding Development Fund.

55.4.h. If the owner of a registered greyhound is a nonresident trust, the trust is ineligible to receive any purse in a stakes race funded in whole or in part from the West Virginia Greyhound Breeding Development Fund or to receive any purse supplement or award that is funded from the West Virginia Greyhound Breeding Development Fund.

55.5. Eligibility of greyhound.

55.5.a. In order to participate in the West Virginia Greyhound Breeding Development Fund, the greyhound must be from a litter that was whelped in the State of West Virginia and remained domiciled in West Virginia at least until the puppies were twelve (12) months of age.

55.6. Affidavits required.

55.6.a. All registered owners of a greyhound, including any person who owns an interest in the registered greyhound, who enter a greyhound in either a stakes race in this State where the purse is funded in whole or in part by the West Virginia Greyhound Breeding Development Fund or a race for a purse or award that is funded in whole or in part by the West Virginia Greyhound Breeding and Development Fund shall file the appropriate affidavit (see Forms 54.6 (1) and (2) at the end of this rule) with the Racing Commission. This affidavit shall:

55.6.a.1. Affirm that the person making the affidavit is a registered owner of the greyhound or greyhounds listed in the affidavit;

55.6.a.2. Affirm that the person making the affidavit in the case of a registered owner whois a association, corporation, partnership, limited liability company, limited partnership, syndicate or other group or combination acting as a unit, or a trust is duly authorized to make the affidavit stating the relationship between the maker and the registered owner, e.g., president of the corporation, managing partner, managing member of limited liability company, etc.

55.6.a.3. Affirm that the registered owner of the greyhound is and has continuously been a bona fide resident of this State for the period required by W. Va. Code §19-23-10;

55.6.a.4. Affirm that any person who owns an interest in the registered greyhound is and has been a bona fide resident of this State for the period required by W. Va. Code §19-23-10;

55.6.a.5. Affirm that the resident owner of the greyhound is not currently and has not been a resident of any other State or other jurisdiction located outside this State during the period required by W. Va. Code §19-23-10;

55.6.a.6. Affirm that the owner or lessee of the dam at the time of breeding met all of the requirements of this rule;

55.6.a.7. Affirm that the greyhound was whelped in West Virginia and that the greyhound was not removed from West Virginia at any time prior to the completion of twelve (12) consecutive months of being domiciled in West Virginia starting from the date of whelping.

55.6.a.8. Affirm that the owner or lessee further understands that if any West Virginia bred greyhound is removed from West Virginia prior to twelve (12) months of age, it is the owner's or lessee's responsibility to notify the Racing Commission within ten (10) days of the greyhound’s removal and that any West Virginia bred greyhound that is removed to a location outside of West Virginia prior to the completion of twelve (12) consecutive months in West Virginia starting from the date of whelping shall be disqualified by the Racing Commission from participation in the West Virginia Greyhound Breeding Development Fund;

55.6.a.9. Affirm that the address of the individual making the affidavit, as stated in the affidavit, is the physical location of the primary residence of the individual making the affidavit;

55.6.a.10. When the registered owner of the greyhound is not an individual, affirm that the address of the registered owner stated in the affidavit is the physical location of the commercial domicile of the registered owner of the greyhound;

55.6.a.11. When the registered owner of a greyhound is not an individual, affirm that to the personal knowledge of the maker of the affidavit, the registered owner of the greyhound and each person who has an equity interest in the registered owner of a greyhound is a bona fide resident of this State for the period specified in W. Va. Code §19-23-10; and

55.6.a.12. Waive the confidentiality rule in W. Va. Code §11-10-5d for the limited purpose of authorizing the Tax Commissioner to verify, upon written request of the Racing Commission or its designated employee, to the Racing Commission or its designated employee, whether or not resident personal income tax returns were filed with the Tax Commissioner by the maker(s) of the affidavit, for the years required by W. Va. Code §19-23-10.

55.6.b. An affidavit attesting that all requirements imposed by W. Va. Code §19-23-10 and this rule have been met shall be on file at the Racing Commission's office prior to the first day of the month in which the qualified West Virginia bred greyhound runs in a race to qualify for any purse or purse supplement or award funded from the West Virginia Greyhound Breeding Development Fund during the calendar year in which the affidavit is filed with the Racing Commission. The registered owner of a West Virginia bred and whelped greyhound, and each person who owns an equity interest in the registered owner, shall make and file this affidavit annually with the West Virginia Racing Commission, as required by this subsection. A new affidavit shall be made and filed with the Racing Commission during the calendar year, whenever there is a material change in the information provided in or with last affidavit filed with the Racing Commission, within five days after the occurrence of the material change but before the next race in this State in which the greyhound is a contestant. If a material change occurs during the 48 hour period immediately preceding the start of a stakes race, or other race, for a purse or award funded in whole or in part by the West Virginia Greyhound Breeding Development Fund in which the greyhound is a contestant, written notice of the material change shall be hand delivered to the chief judge of the race prior to the start of that race. This notice is in addition to and not in lieu of the requirement to file a new affidavit with the Racing Commission.

Table 32.5. Occupational Permit Fees Kennel Name - $40.00 Corporation - $40.00 Vendor - $40.00 Kennel Owner/Trainer - $60.00 Kennel Owner - $30.00 Greyhound Owner - $30.00 Trainer - $30.00 Assistant Trainer - $30.00 Veterinarian Assistant - $20.00 Mutuel Employee - $20.00 Photographers, Totalizator, Film Patrol - $20.00 Officials Director of Racing - $30.00 Racing Secretary - $30.00 Assistant Racing Secretary - $20.00 Paddock Judge - $30.00 Patrol Judge - $20.00 Starter - $20.00 Clerk of Scales - $20.00 Chart Writer - $20.00 Lead-Out - $20.00 Lure Operator - $20.00 Kennel Helper - $20.00 Kennel Master - $20.00 All other occupational permits not specified - $20.00 FORM 55.6(1)

AFFIDAVIT OF OWNER WHEN OWNER IS AN INDIVIDUAL

A F F I D A V I T

TO THE WEST VIRGINIA RACING COMMISSION

I______________________________________, hereby swear that:

1. That I am the registered owner of the greyhounds listed hereon; [Or That I am the authorized representative of the partnership, limited liability company, corporation, trust, or any other group or combination acting as a unit, that is the registered owner of the greyhounds listed hereon;]

2. The address of my primary residence is: [list below];

3. That the greyhound(s) listed above were whelped in West Virginia and that the greyhound was not removed from West Virginia to a location outside of West Virginia at any time prior to completion of twelve (12) consecutive months of being domiciled in West Virginia from the date of whelping;

4. That no individual or other person who has an ownership interest in a greyhound listed hereon is a resident of any place located outside the State of West Virginia;

5. That each of the greyhounds listed hereon was whelped in West Virginia and was domiciled in West Virginia for at least twelve (12) consecutive months immediately following their whelping;

6. That each of the greyhounds listed hereon meet all other applicable criteria as established by the West Virginia Racing Commission to qualify and be recognized as “West Virginia Whelped;”

7. That I am a bona fide resident of the State of West Virginia as that term is used in W. Va. Code §19-23-10;

8. That I have at all times during this calendar and during each of the preceding four calendar years been a bona fide resident of the State of West Virginia;

9. That I have not at any time claimed to be a resident of any other state during this calendar year and during the preceding four calendar years;

10. That I have owned property located in West Virginia during each of the four calendar years preceding the making of this affidavit and that I have paid property taxes due on that property for the current property tax year and for the preceding four calendar years;

11. That I have filed West Virginia resident personal income tax returns for the four most recent calendar years; and 12. That I hereby waive confidentiality under W. Va. Code §11-10-5d, for the sole and limited purpose of authorize the State Tax Commissioner to, upon written inquiry of the West Virginia Racing Commission, verify whether or not I did file resident personal income tax return, as above stated.

(Your signature must have notaries’ stamp and date)

SIGNED:_________________________________________

Owner of greyhound(s)

Sworn before me this________day of ____________, 19. _____________________________________________________________ Notary Public FORM 55.6(2)

AFFIDAVIT WHEN REGISTERED OWNER IS NOT AN INDIVIDUAL

A F F I D A V I T

TO THE WEST VIRGINIA RACING COMMISSION

I______________________________________, hereby swear that:

1. That I am the authorized representative of the partnership, limited liability company, corporation, trust, or any other group or combination acting as a unit, that is the registered owner of the greyhounds listed hereon;]

2. The address of the commercial domicile is: [list below];

3. That the greyhound(s) listed above were whelped in West Virginia and that the greyhound was not removed from West Virginia to a location outside of West Virginia at any time prior to completion of twelve (12) consecutive months of being domiciled in West Virginia from the date of whelping;

4. That no individual or other person who has an ownership interest in a greyhound listed hereon is a resident of any place located outside the State of West Virginia;

5. That each of the greyhounds listed hereon was whelped in West Virginia and was domiciled in West Virginia for at least twelve (12) consecutive months immediately following their whelping;

6. That each of the greyhounds listed hereon meet all other applicable criteria as established by the West Virginia Racing Commission to qualify and be recognized as “West Virginia Whelped;”

7. That I am a bona fide resident of the State of West Virginia as that term is used in W. Va. Code §19-23-10;

8. That I have at all times during this calendar and during each of the preceding four calendar years been a bona fide resident of the State of West Virginia;

9. That I have not at any time claimed to be a resident of any other state during this calendar year and during the preceding four calendar years;

10. That I have owned property located in West Virginia during each of the four calendar years preceding the making of this affidavit and that I have paid property taxes due on that property for the current property tax year and for the preceding four calendar years;

11. That I have filed West Virginia resident personal income tax returns for the four most recent calendar years;

12. That I hereby waive confidentiality under W. Va. Code §11-10-5d, for the sole and limited purpose of authorize the State Tax Commissioner to, upon written inquiry of the West Virginia Racing Commission, verify whether or not I did file resident personal income tax return, as above stated;

(Your signature must have notaries’ stamp and date)

SIGNED:_________________________________________

Owner of greyhound(s)

Sworn before me this________day of ____________, 19. _____________________________________________________________ Notary Public

Series 03 Organization and Meeting Notices

W. Va. Code R. § 178-3-1 General

1.1. Scope. -- This rule governs the procedure for meetings held by the West Virginia Racing Commission.

1.2. Authority. -- W. Va. Code §§ 6-9A-3 and § 19-23-6(3)

1.3. Filing Date. -- June 22, 2016

1.4. Effective Date. -- July 22, 2016

1.5. Amendment – This rule amends W. Va. 178 CSR 3, Racing Commission, Organization and Meeting Notices, filed December 20, 1982 and effective December 20, 1982.

W. Va. Code R. § 178-3-2 Meetings

2.1. As required by West Virginia Code § 19-23-4(d), the West Virginia Racing Commission shall hold an annual meeting at its principal office at the seat of government in the month of January at which time it shall elect from its membership a chairman. In addition, regular meetings of the Commission may be held on the third Tuesday of each month at a time and location determined by the chairman and identified in the notice for the meeting. Provided, however, that the chairman may, upon due notice to the public, change the time, date and location of the Commission’s regular meetings.

2.2. Special meetings may be held at such other times as may be necessary, as determined by the Commission and/or its chairman.

2.3. Emergency meetings, as that term is defined by West Virginia Code § 6-9A-2(2), may be held, as determined by the Commission and/or its chairman.

2.4. The chairman shall preside at all meetings at which he or she is present. If the chairman is absent from a meeting, another member may be designated to act as chairman pro tem and preside over the meeting.

2.5. The chairman or the chairman pro tem may make and second motions and may vote on all matters before the Commission at a meeting.

2.6. A majority of the Commission shall constitute a quorum at any meeting for the transaction of business.

2.7. The Executive Director of the Racing Commission shall electronically file a notice of each of the Commission’s annual, regular and special meetings with the Secretary of State for publication on the Secretary of State’s website and shall place each notice on the Commission’s website. Each notice shall contain the date, time, place and purpose of the meeting and shall be filed or placed in a manner to allow each notice to appear on the Secretary of State’s website and the Commission’s website at least five business days prior to the date of the meeting.

2.8. The Executive Director of the Racing Commission shall electronically file a notice of an emergency meeting with the Secretary of State and place a notice on the Commission’s website as soon as practicable prior to the meeting. The emergency meeting notice shall state the date, time, place and purpose of the meeting and the facts and circumstances of the emergency.

2.9. All meetings of the Commission are open to the public except as otherwise provided in West Virginia Code § 6-9A-4.

2.10. Upon a majority vote of the members present at any meeting, the Commission may go into executive session and exclude the public to discuss any agenda item that fits within the exceptions provided in West Virginia Code § 6-9A-4. Any action taken as a result of a discussion in executive session must be taken in open session except that the Commission may vote in executive session to give its attorney settlement authority for threatened or pending claims against the Commission. Provided that, pursuant to West Virginia Code § 6-9A-4(b)(11), if a settlement is reached, then the terms of the settlement agreement shall be reported by the Commission at an open meeting and entered into its meeting minutes within a reasonable time after the settlement is concluded.

2.11. Open meetings of the Commission shall be recorded using audio recording equipment. Copies of such audio recordings shall be available to the public within a reasonable time after the meetings.

2.12. A member of the public who disrupts a Commission meeting to the extent that the orderly conduct of the meeting is compromised, may be removed from a meeting in the discretion of the chairman.

W. Va. Code R. § 178-3-3 Agendas

3.1. At least three business days prior to the date of the meeting, an agenda for each annual, regular and special meeting shall be made available in the Commission’s office and on the Commission’s website. An agenda which has been issued at least three days in advance of a meeting may be amended up to two days before the meeting. In calculating business days, the day of the meeting, as well as Saturdays, Sundays and legal holidays are excluded.

3.2. The agenda for an emergency meeting shall be made available in the Commission’s office and on the Commission’s website as soon as practicable prior to the meeting.

3.3. Items listed on a meeting agenda shall be stated in a specific manner so as to make the public aware of the particular matters to be dealt with at the meeting.

3.4. Any discussion of an item of Commission business that may ultimately lead to or result in official action at that meeting, or at some future meeting, shall be on the agenda of the meeting at which the discussion is held.

3.5. In the discretion of the chairman, the order of items contained on a meeting agenda may be changed in the course of a meeting as circumstances require.

3.6. Any member of the public may request that an item be put on the agenda of a Commission meeting. Provided that, it shall be within the discretion of the chairman whether a requested agenda item is placed upon a Commission agenda.

W. Va. Code R. § 178-3-4 Participation in Meetings Using Technology

4.1. Members of the Commission may participate in meetings by telephone or other electronic conferencing except when the Commission is acting as a hearing body. A speaker phone or other audio and/or video device shall be used at the meeting site to enable those present, including the public, to hear and/or see the members who are attending and participating by telephone or other electronic conferencing.

4.2. The Commission may allow members of the public to listen to or participate in open meetings by telephone or other electronic conferencing. A telephone call-in number or other information allowing members of the public to participate in the meeting may be posted on the Racing Commission’s website in advance of the meeting.

4.3. A member of the public who listens to or participates in open meetings by telephone or other electronic conferencing shall mute the microphone on his or her telephone or other device so that background or ambient noise does not interfere with the conducting of the Commission’s meeting. Provided that, if a member of the public is called upon by the chairman to speak at the meeting, he or she may enable the microphone on their telephone or other device to speak.

4.4. If members of the public listening to or participating in an open meeting by telephone or other electronic conferencing interfere with the orderly operation of a Commission meeting by failing to mute their microphones or by other actions that hinder the Commission’s meeting, the chairman may require that the offending member or members be disconnected from participation or require that the telephone or other electronic conferencing be disabled entirely.

W. Va. Code R. § 178-3-5 Meeting Materials

5.1. The Racing Commission’s Executive Director shall prepare a compilation of informational materials pertaining to items on each Commission’s meeting agenda to be distributed to the Commission in advance of each meeting. Such materials shall be distributed to the Commission in a manner so as to allow sufficient time for each Commission member to review the information prior to a scheduled meeting.

5.2. A member of the public may submit informational materials pertaining to an item on a Commission meeting agenda to the Commission’s Executive Director for distribution to and consideration by the Commission. The Commission and/or the Executive Director may establish a deadline for submission of such informational materials prior to a meeting. Any informational materials received after a deadline established by the Commission and/or the Executive Director may not be considered by the Commission.

W. Va. Code R. § 178-3-6 Public comments

6.1. In the discretion of the chairman, the Commission may have a public comment period to allow members of the public to address the Commission during a meeting. Provided that, the chairman may choose to allow a member of the public to speak to coincide with a topic on the agenda, if the speaker’s comments pertain to an agenda item.

6.2. The Commission may provide a sign-in sheet in advance of a meeting to allow members of the public to sign up to speak during a public comment period.

6.3. The chairman may reasonably limit the amount of time that each member of the public has to provide public comment during a Commission meeting.

6.4. The Commission shall not deliberate and/or take action on any topic addressed by a member of the public that is not on the meeting agenda. Provided that, the Commission may, in its discretion, direct that any topic raised by a member of the public during a meeting be placed on the agenda for a future meeting to allow the Commission to deliberate and/or take action on it.

W. Va. Code R. § 178-3-7 Media

7.1. Pursuant to West Virginia Code § 6-9A-9, any radio or television station is entitled to broadcast all or any part of an open Commission meeting. Provided that, the Commission may regulate the placement of equipment necessary for broadcasting, photographing, filming or recording a meeting so as to prevent undue interference with the meeting. Provided further that, if the Commission determines in good faith that the size of the meeting room is such that all of the members of the public present and the equipment and personnel necessary for broadcasting, photographing, filming and tape-recording the meeting cannot be accommodated in the meeting room without unduly interfering with the meeting and an adequate alternative meeting room is not readily available, then it may require pooling of equipment and the personnel operating it.

W. Va. Code R. § 178-3-8 Committees and Subcommittees

8.1. Any committee, subcommittee or other subunit formed or appointed by the Commission to make decisions for or recommendations to the Commission shall be subject to the requirements of the Open Governmental Proceedings Act, West Virginia Code §§ 6-9A-1 et seq., and this procedural rule.

W. Va. Code R. § 178-3-9 Minutes

9.1. The Commission shall prepare written minutes of all Commission open meetings.

9.2. A copy of the minutes of open meetings shall be available to the public within a reasonable time after the meetings and shall include the following information:

9.2.a. The date, time, and place of the meeting;

9.2.b. The name of each Commission member present or absent;

9.2.c. All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same and their disposition; and,

9.2.d. The results of all votes and, upon the request of a member, the vote of each member, by name.

Series 05 Pari-Mutuel Wagering

W. Va. Code R. § 178-5-1 General

1.1. Scope. -- This rule regulates all pari-mutuel wagering occurring in West Virginia.

1.2. Authority. -- W. Va. Code §19-23-6.

1.3. Filing Date. – May 27, 2022.

1.4. Effective Date. – July 31, 2022.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 178-5-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Association" or “racing association” means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description licensed by the Racing Commission to conduct horse racing or dog racing and pari-mutuel wagering.

2.2. "Betting interest" means one or more horses or dogs in a pari-mutuel wagering contest which are identified by a single program number for wagering purposes.

2.3. "Breakage" means the net pool minus payout.

2.4. "Commission" means the West Virginia Racing Commission.

2.5. "Contest" means a competitive racing event on which pari-mutuel wagering is conducted.

2.6. "Contestant" means an individual participant in a contest.

2.7. “Coupled Entry” means two or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes.

2.8. “Dead heat” means the finish of a race in which the noses of two or more contestants reach the finish line at the same time.

2.9. “Entry” means:

2.9.a. a contestant eligible for and entered in a race; or

2.9.b. two (2) or more contestants entered in the same race, which have common ties of ownership, lease or training.

2.10. "Expired Ticket" means an outstanding ticket or voucher, which was not presented for redemption within the required time period for which it was issued.

2.11. "Guest Association" means an association, which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same jurisdiction or another jurisdiction.

2.12. "Handle" means the total amount of all pari-mutuel wagering sales less refunds and cancellations.

2.13. "Host Association" means the association conducting a licensed pari-mutuel meeting from which authorized contests or entire performances are simulcast.

2.14. “Judge” means a duly appointed racing official with powers and duties specified by W. Va. Code §19-23-1 et seq. and/or 178CSR2, Greyhound Racing.

2.15. "License" means an authorization by the Racing Commission to an association to conduct horse or dog racing with pari-mutuel wagering at a specified location.

2.16. “Licensee” means any racing association holding a license required by the provisions of W. Va. Code §19-23-1 et seq. and/or 178CSR1, Thoroughbred Racing or 178CSR2, Greyhound Racing.

2.17. “Meet” means the specified periods and dates within a racing meeting during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.18. "Meeting" means the specified periods and dates each year during which an association is authorized to conduct racing and/or pari-mutuel wagering by approval of the Racing Commission.

2.19. "Minus Pool" means the amount of gross ticket sales less refundable wagers and statutory commissions.

2.20. “Multiple Wager” means a wager made on the official finishing positions of more than one (1) betting interest in a specified race or the official finishing positions of one (1) or more betting interests in more than one (1) specified race.

2.21. “ Mutuel Field” means a single betting interest involving more than one (1) contestant which is formed when the number of contestants starting a race exceeds the numbering capacity of the totalisator and where all contestants of a higher number are grouped in the mutuel field.

2.22. “No contest” means a race canceled for any reason by the stewards or judges.

2.23. “Official order of finish” means the order of finish of the horses or dogs in a contest as declared official by the stewards or judges.

2.24. "Outstanding Ticket or Voucher" means a winning or refundable pari-mutuel ticket or voucher, which was not cashed during the performance for which it was issued; also known as "outs".

2.25. "Pari-Mutuel System" means the manual, electro-mechanical, or computerized system and all software (including the totalisator, amount betting system and off-site betting equipment) that is used to record bets and transmit wagering data.

2.26. "Pari-Mutuel Wagering" means a form of wagering on the outcome of an event in which all wagers are pooled and held by an association for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning horses or dogs.

2.27. "Patron" means a member of the public present on the grounds of a pari-mutuel association during a meeting for the purpose of wagering or to observe racing.

2.28. "Payout" means the amount of money payable to winning wagers.

2.29. “Pool” means a combination of interests in a joint wagering enterprise or a stake in the enterprise.

2.30. "Profit" means the net pool after deduction of the amount bet on the winners.

2.31. "Profit Split" means a division of profit amongst separate winning betting interests or winning betting combinations resulting in two (2) or more payout prices.

2.32. “Purse” means the total cash amount for which a race is contested.

2.33. "Result" means that part of the official order of finish used to determine the pari-mutuel payout of pools for each individual contest.

2.34. “Scratch” means the act of withdrawing an entered horse or dog from a contest after the closing of entries.

2.35. "Simulcast" means the live audio and/or visual transmission of a contest and pari-mutuel information for the purpose of pari-mutuel wagering at locations other than a licensed association where the contest is run.

2.36. "Single Price Pool" means an equal distribution of profit to winning betting interests or winning betting combinations through a single payout price.

2.37. “Steward” means a duly appointed racing official with powers and duties specified by W. Va. Code §19-23-1 et seq. and/or 178CSR1, Thoroughbred Racing.

2.38. “Straight Wager” means a wager made on the official finishing position of a single specified betting interest in a single specified race. For purposes of these rules, all win, place and show wagers shall be considered straight wagers.

2.39. "Takeout" means the total amount of money, excluding breakage, withheld from each pari-mutuel pool, as authorized by statute or rule.

2.40. “Totalisator" means the system used by the association to maintain the odds, amounts wagered and winnings per race.

2.41. “Winner” means the horse or dog whose nose reaches the finish line first or is placed first through disqualification by the stewards or judges.

W. Va. Code R. § 178-5-3 Pari-Mutuel Wagering

3.1. General.

3.1.a. Each association shall conduct wagering in accordance with applicable laws and this rule. The wagering shall employ a pari-mutuel system approved by the Racing Commission. The totalisator shall be tested prior to and during the meeting as required by the Racing Commission.

3.2. Records.

3.2.a. The association shall maintain records of all wagering so the Racing Commission may review the records for any contest including the opening line, subsequent odds fluctuation, the amount and at which window wagers were placed on any betting interest and such other information as may be required. The wagering records shall be retained by each association and safeguarded for a period of one year. The Racing Commission may require that certain of these records be made available to the wagering public at the completion of each contest.

3.2.b. The association shall provide the Racing Commission with a list of the licensed individuals afforded access to pari-mutuel records and equipment at the wagering facility.

3.3. Pari-Mutuel Tickets.

3.3.a. A pari-mutuel ticket is evidence of a contribution to the pari-mutuel pool operated by the association and is evidence of the obligation of the association to pay to the holder of the ticket such portion of the distributable amount of the pari-mutuel pool as is represented by the valid pari-mutuel ticket. The association shall cash all valid winning tickets when they are presented for payment during the course of the meeting where sold, and for a specified period after the last day of the meeting.

3.3.b. To be considered a valid pari-mutuel ticket, the ticket shall have been issued by a pari-mutuel ticket machine operated by the association and recorded as a ticket entitled to a share of the pari-mutuel pool, and contain imprinted information setting forth:

3.3.b.1. the name of the association operating the meeting;

3.3.b.2. a unique identifying number or code;

3.3.b.3. identification of the terminal at which the ticket was issued;

3.3.b.4. a designation of the performance for which the wagering transaction was issued;

3.3.b.5. the contest number for which the pool is conducted;

3.3.b.6. the type or types of wagers represented;

3.3.b.7. the number or numbers representing the betting interests for which the wager is recorded; and

3.3.b.8. the amount or amounts of the contributions to the pari-mutuel pool or pools for which the ticket is evidence.

3.3.c. No pari-mutuel ticket recorded or reported as previously paid, canceled, or non-existent shall be considered a valid pari-mutuel ticket by the association. The association may withhold payment and refuse to cash any pari-mutuel ticket considered not valid, except as provided in subdivision 3.4.e. of this section.

3.4. Pari-Mutuel Ticket Sales.

3.4.a. Pari-mutuel tickets shall not be sold by anyone other than an association licensed to conduct pari-mutuel wagering.

3.4.b. No pari-mutuel ticket may be sold on a contest for which wagering has already been closed and no association is responsible for ticket sales entered into but not completed by issuance of a ticket before the totalisator is closed for wagering on the contest.

3.4.c. A bettor shall make a claim pertaining to a mistake on an issued ticket at the point of sale or prior to leaving the seller's window. Cancellation or exchange of tickets issued shall not be permitted after a patron has left a seller’s window except in accordance with paragraph 4.1.h.2. of section 4 of this rule.

3.4.d. Payment on winning pari-mutuel wagers shall be made on the basis of the order of finish as purposely posted and declared "official". Any subsequent change in the order of finish or award of purse money as may result from a subsequent ruling by the stewards, judges, or Racing Commission shall in no way affect the pari-mutuel payout. If an error in the posted order of finish or payout figures is discovered, the official order of finish or payout prices may be corrected and an announcement concerning the change shall be made to the public.

3.4.e. The association shall not satisfy claims on lost, mutilated, or altered pari-mutuel tickets without authorization of the Racing Commission.

3.4.f. The association has no obligation to enter a wager into a betting pool if unable to do so due to equipment failure.

3.5. Claims for Payment from Pari-Mutuel Pool.

3.5.a. At a designated location, a written, verified claim for payment from a pari-mutuel pool shall be accepted by the association in any case where the association has withheld payment or has refused to cash a pari-mutuel wager. The claim shall be made on a form approved by the Racing Commission, and the claimant shall make the claim under penalty of perjury. The original of the claim shall be forwarded to the Racing Commission within forty-eight (48) hours.

3.5.a.1. In the case of a claim made for payment of a mutilated pari-mutuel ticket, which does not contain the total imprinted elements required in subdivision 3.3.b. of this section, the association shall make a recommendation to accompany the claim forwarded to the Racing Commission as to whether or not the mutilated ticket has sufficient elements to be positively identified as a winning ticket.

3.5.a.2. In the case of a claim made for payment on a pari-mutuel wager, the Racing Commission shall adjudicate the claim and may order payment on the claim from the pari-mutuel pool or by the association, or may deny the claim, or may make such other order as it may consider proper.

3.6. Payment for Errors.

3.6.a. If an error occurs in the payment amounts for pari-mutuel wagers which are cashed or entitled to be cashed; and as a result of the error the pari-mutuel pool involved in the error is not correctly distributed among winning ticket holders, the following applies:

3.6.a.1. Verification is required to show that the amount of the commission, the amount in breakage, and the amount in payouts is equal to the total gross pool. If the amount of the pool is more than the amount used to calculate the payout, the underpayment shall be added to the corresponding pool of the next contest. If underpayments are discovered after the close of the meeting, the underpayment shall be held in an interest-bearing account approved by the Racing Commission until being added, together with accrued interest, to the corresponding pool of the next meet.

3.6.b. Any claim not filed with the association within thirty (30) days, inclusive of the date on which the underpayment was publicly announced, shall be considered waived; and the association has no further liability for the claim.

3.6.c. In the event the error results in an overpayment to winning wagers, the association is responsible for the payment.

3.7. Betting Explanation.

3.7.a. A summary explanation of pari-mutuel wagering and each type of betting pool offered shall be published in the program for every wagering performance. The rules of racing relative to each type of pari-mutuel pool offered shall be prominently displayed on association grounds and available upon request through association representatives.

3.8. Display of Betting Information.

3.8.a. Approximate odds for Win pool betting shall be posted on display devices within view of the wagering public and updated at intervals of not more than ninety (90) seconds.

3.8.b. The probable payout or amounts wagered, in total and on each betting interest, for other pools may be displayed to the wagering public at intervals and in a manner approved by the Racing Commission.

3.8.c. Official results and payouts shall be displayed upon each contest being declared official.

3.9. Canceled Contests.

3.9.a. If a contest is canceled or declared "no contest", refunds shall be granted on valid wagers in accordance with this rule.

3.10. Refunds.

3.10.a. Notwithstanding other provisions of this rule, refunds of the entire pool shall be made on:

3.10.a.1. Win pools, Exacta pools, and first-half Double pools offered in contests in which the number of betting interests has been reduced to fewer than two (2);

3.10.a.2. Place pools, Quinella pools, Trifecta pools, first-half Quinella Double pools, first-half Twin Quinella pools, first-half Twin Trifecta pools, and first-half Tri-Superfecta pools offered in contests in which the number of betting interests has been reduced to fewer than three (3); and

3.10.a.3. Show pools, Superfecta pools, and first-half Twin Superfecta pools offered in contests in which the number of betting interests has been reduced to less than four (4). Authorized refunds shall be paid upon presentation and surrender of the affected pari-mutuel ticket.

3.11. Coupled Entries and Mutuel Fields.

3.11.a. Contestants coupled in wagering as a coupled entry or mutuel field shall be considered part of a single betting interest for the purpose of price calculations and distribution of pools. If any contestant in a coupled entry or mutuel field is officially withdrawn or scratched, the remaining contestants in that coupled entry or mutuel field remain valid betting interests and no refunds may be granted. If all contestants within a coupled entry or mutuel field are scratched, then tickets on the betting interests shall be refunded, notwithstanding other provisions of this rule.

3.11.b. For the purpose of price calculations only, coupled entries and mutuel fields shall be calculated as a single finisher, using the finishing position of the leading contestant in that coupled entry or mutuel field to determine order of placing. This rule applies to all circumstances, including situations involving a dead heat, except as otherwise provided by this rule.

3.12. Pools Dependent upon Betting Interests.

3.12.a. Unless the Racing Commission otherwise provides, at the time the pools are opened for wagering, the association:

3.12.a.1. may offer win wagering on all contests with two (2) or more betting interests;

3.12.a.2. may offer place wagering on any contest with four (4) or more betting interests;

3.12.a.3. may offer show wagering on any contest with five (5) or more betting interests;

3.12.a.4. may offer Quinella wagering on any contest with three (3) or more betting interests;

3.12.a.5. may offer Quinella Double wagering on any contest with three (3) or more betting interests;

3.12.a.6. may offer Exacta wagering on any contest with three (3) or more betting interests;

3.12.a.7. may offer Trifecta wagering on any contest with four (4) or more betting interests;

3.12.a.8. may offer Superfecta wagering on any contest with four (4) or more betting interests;

3.12.a.9. may offer Twin Quinella wagering on any contest with three (3) or more betting interests; and

3.12.a.10. shall not offer Twin Trifecta or Tri-Superfecta wagering on any contest with six (6) or fewer betting interests.

3.13. Prior Approval Required For Betting Pools.

3.13.a. An association that desires to offer new forms of wagering shall apply in writing to the Racing Commission and receive written approval prior to implementing the new betting pool.

3.13.b. The association may suspend previously approved forms of wagering with the prior approval of the Racing Commission. Any carryover shall be held until the suspended form of wagering is reinstated. An association may request approval of a form of wagering or separate wagering pool for specific performances.

3.14. Closing of Wagering in a Contest.

3.14.a. A Racing Commission representative shall close wagering for each contest after which time no pari-mutuel tickets shall be sold for that contest.

3.14.b. The association shall maintain, in good order, a system approved by the Racing Commission for closing wagering.

3.15. Complaints Pertaining to Pari-Mutuel Operations.

3.15.a. When a patron makes a complaint regarding the pari-mutuel department to an association, the association shall immediately issue a complaint report, setting out:

3.15.a.1. the name of the complainant;

3.15.a.2. the nature of the complaint;

3.15.a.3. the name of the persons, if any, against whom the complaint was made;

3.15.a.4. the date of the complaint; and

3.15.a.5. the action taken or proposed to be taken, if any, by the association.

3.15.b. The association shall submit every complaint report to the Racing Commission within forty-eight (48) hours after the complaint was made.

3.16. Licensed Employees.

3.16.a. All licensees shall report any known irregularities or wrongdoings by any person involving pari-mutuel wagering immediately to the Racing Commission and cooperate in subsequent investigations.

3.17. Unrestricted Access.

3.17.a. The association shall permit the Racing Commission unrestricted access at all times to its facilities and equipment and to all books, ledgers, accounts, documents and records of the association that relate to pari-mutuel wagering.

3.18. Emergency Situations.

3.18.a. In the event of an emergency in connection with the pari-mutuel department not covered in this rule, the pari-mutuel manager representing the association shall report the problem to the stewards and the association and the stewards shall render a full report to the Racing Commission within forty-eight (48) hours.

W. Va. Code R. § 178-5-4 Totalisator System

4.1. The West Virginia Racing Commission shall license an association to hold a race meet only after a totalisator system and personnel approved by the Racing Commission, have been installed and employed to process the pari-mutuel wagering. The totalisator board’s data shall cycle at least once every sixty (60) seconds.

4.1.a. All totalisator operators shall inform the Racing Commission of planned totalisator program modifications by completing the formal modification form which is supplied by the Racing Commission and sending the form to the Racing Commission at least two (2) weeks in advance of performing a software modification or change. In emergency situations, where programs are modified in response to operational problems, the form shall be prepared and forwarded to the Racing Commission immediately after the modification has been made. This form, too, is applicable when an association plans or makes hardware or peripheral equipment changes.

4.1.b. Totalisator operators shall undertake appropriate procedures in the presence of Racing Commission and association personnel to test software modifications and make available to the Racing Commission, upon request, documentation of testing procedures and results including production of all affected reports. The Racing Commission reserves the right to review the test procedures and results prior to installation of a new version of a totalisator system within the State, upon the modification of existing systems or at any other time or under any other circumstances desired.

4.1.c. All totalisator operators shall provide the Racing Commission with a list of representatives authorized to have access to the totalisator room.

4.1.d. All totalisator operators shall maintain, in conjunction with the association, a control log of keys and access cards to the totalisator room and detail to whom the keys or access cards are assigned. When a person possessing a key or access card to the totalisator room is no longer employed, the key or access card shall be surrendered. All keys and access cards providing entry to the totalisator room shall be non-duplicable.

4.1.e. The associations shall submit to the Racing Commission for prior approval a list of all persons and their duties who are to have access to the totalisator room. Racing Commission employees shall be included among the authorized persons.

4.1.f. Associations shall maintain appropriate facilities and enforce adequate procedures to insure the security of paper stock used for producing mutuel tickets. Specifically, locked storage facilities shall be maintained for all ticket paper storage.

4.1.g. All totalisator systems shall maintain at least two (2) independent sets of pool totals for comparison. In the event that a difference in final pool totals is encountered and it cannot be ascertained which pool is correct, the higher pool total shall be used in all calculations, including pay-out, commissions, etc. Any waiver provided to this subdivision shall be considered only after a written request is made by the totalisator company to the Racing Commission detailing all the facts and circumstances for exemption of this subdivision. In any event, final approval or disapproval rests with the Racing Commission in granting or not granting a waiver.

4.1.h. The sell/cash totalisator system shall have the capability to produce, upon request of the Racing Commission, a listing of the daily cashed tickets and "outs" tickets cashed by a seller-cashier, sorted by unique ticket number or time of cashing for each performance.

4.1.h.1. The association, upon request of the Racing Commission, shall produce by the unique ticket number:

4.1.h.1.A. the corresponding daily cashed ticket requested by the Racing Commission; and

4.1.h.1.B. the corresponding cashed "outs" ticket requested by the Racing Commission.

4.1.h.2. issued tickets may be canceled only under the following conditions:

4.1.h.2.A. Where there was an error on the part of the seller or when a patron claims that a ticket issued was not the one requested and the claim is made before the patron leaves the seller's window or subsequently when the claim is approved by the association mutuel manager or his or her designee;

4.1.h.2.B. The ticket issuing machine has not been locked by issue of the "stop betting" command; and

4.1.h.2.C. The race for which the ticket was purchased has not officially started.

4.1.i. The seller-cashier shall retain and account for all cashed, refunded and cancelled tickets. These cashed, refunded and cancelled tickets shall be retained by the association for a period of one (1) year from the date of filing of the outs ledger at the end of the ninety (90) days outs period with the Racing Commission or until all audit tests have been completed and a letter from the Racing Commission has been issued allowing for their disposal, whichever occurs first. The retention period for cashed, refunded and cancelled tickets is also applicable to used computer printouts as well as all other hard copy information described in this rule as well as any other data generated by the computers and terminals that are related directly or indirectly to the pari-mutuel process.

4.1.i.1. In the event a cashed ticket cannot be produced by the association prior to the date when disposal of the ticket is allowed, then the association shall pay to the Racing Commission the money equal to the amount of the ticket's winnings. The Racing Commission shall treat the payment as if it were money represented by the unclaimed, uncashed or abandoned ticket pursuant to W. Va. Code §19-23-13.

4.1.i.2. The association must present to the Racing Commission’s auditor of pari-mutuel wagering all manually cashed and manually cancelled pari-mutuel tickets for inspection upon request. The association’s failure to produce a manually cashed and manually cancelled pari-mutuel ticket shall result in the association providing the monetary value of the pari-mutuel ticket to the Racing Commission.

4.1.j. Usage and storage of modem:

4.1.j.1. The modem shall be secured in a locked cabinet under the dual control of representatives of the totalisator company and the association.

4.1.j.2. An unpublished telephone line shall also be obtained for the exclusive use of modem sessions and the number shall be changed on a periodic basis. The timing, frequency and changing of the numbers are at the sole discretion and direction of the Racing Commission.

4.1.k. Physical security of the computer room:

4.1.k.1. A fire extinguisher specifically designed for electronic data processing equipment shall be installed at various key locations;

4.1.k.2. Glass windows permitting public viewing of computer room operations shall be composed of shatterproof glass; and

4.1.k.3. Backup tapes for production data and program files shall be stored in a protected area that is fireproof and secure.

4.1.l. Maintenance of emergency electrical generator:

4.1.l.1. The association shall start and test weekly the back-up electrical generator to ascertain its reliability in the event of a power failure.

4.1.l.2. The testing shall be logged in a record to be maintained by the association and to be made available to the Racing Commission upon request.

4.2. Each racing association shall in all cases of a pari-mutuel pool distribute not less than one dollars and ten cents ($1.10) on each winning one dollar ($1.00) wager.

4.2.a. The minimum straight wager shall be one dollar ($1.00). For multiple wagers, the association may accept wagers in multiples of ten cents (10¢) or twenty-five cents (25¢), upon approval of the Commission’s executive director, provided that the total amount wagered is not less than one dollar ($1.00).

4.3. An immediate distribution by the association of all pari-mutuel pools shall be made upon the posting of the “official sign” for each race. Any subsequent change in the order of finish after the posting of the “official sign” shall not affect the association’s posted pay-off prices.

4.4. Two or more contestants entered in a race that are owned or leased in whole or in part by the same owner or are trained by a trainer who owns or leases any interest in any of the other contestants in a race, shall be coupled as an "entry,” except that such entries may be uncoupled in stakes races, futurities or other special events. A pari-mutuel wager on any one of the contestants in the coupled entry is considered wagering on the entire coupled entry. There shall be no refunds when at least one contestant in a coupled entry remains entered in a race, although others in the coupled entry are scratched or excused from the race.

4.5. The association shall make refunds to the patrons when contestants are scratched prior to being locked in the gate. If the scratched number of contestants results in an insufficient number of required contestants for show or place betting, then entire refunds shall be made of the show or place pools.

4.6. If any contestant is excused by the stewards or the judges after the contestants have left the paddock for the post, the money bet on any excused contestants shall be deducted from the pool and refunded to the purchaser or purchasers of tickets on the excused contestants: Provided, That after the start, there shall be no refund, except for non-starters declared by the stewards or judges when the gate fails to open.

4.7. All payments to holders of tickets entitled to share in the distribution of the respective pools shall be in proportion to their investment in the contestants sharing in the distribution from these pools; reference to payments out of pools, meaning the distributable portion thereof; but refunds, when made, include all the money in the pool or pools to which they apply.

4.8. The association shall add any underpayment to the patrons when there is an error in calculation to the comparable pool in a succeeding race. The association’s share shall be charged for any overpayment when there is an error in a calculation.

4.9. No association shall recognize either during the course of a race meeting or thereafter, any claim on pari-mutuel tickets unless a valid pari-mutuel ticket is presented. To be considered a valid pari-mutuel ticket the ticket should have been issued by a pari-mutuel ticket machine operated by the association and recorded as a ticket entitled to a share of the pari-mutuel pool and contain imprinted information as to:

4.9.a. The name of the association operating the meeting;

4.9.b. The date of the wagering transaction;

4.9.c. A unique identifying number or code;

4.9.d. The race number for which the pool is conducted;

4.9.e. The type or types of wager represented;

4.9.f. The number or numbers representing the wagering interests for which the wager is recorded; and

4.9.g. The amount or amounts of the contributions to the pari-mutuel pool for which the ticket is evidence.

4.10. The association may pay no mutilated ticket if the unique identifying number or code is missing. No pari-mutuel ticket recorded or reported as previously paid, canceled or non-existent shall be considered a valid pari-mutuel ticket by the association.

4.11. The stewards or the judges shall close and lock all mutuel machines at the scheduled post time as shown on the field mutuel board.

4.12. Each association shall maintain a suitable electric apparatus for locking the totalisator windows. It shall be operated from the stewards’ or judges’ stand by one (1) of the stewards or judges designated for this duty.

4.13. While the betting is in progress, there shall be frequent posting of the approximate odds on the contestants taking part in the race, "entries" being listed on the odds board as one (1) contestant, and, likewise, the "field" when either or both are a part of the race.

4.14. A suitable apparatus shall be provided whereby notice is given to the mutuel department: (1) that the contestants that are to run are on the track after leaving the paddock; (2) that they are parading; (3) that the lead contestant has just reached the starting gate; and (4) that the contestants are off.

4.15. Totalisator adjustments shall be summarized at the close of each meeting, and, if the net result is a credit to the company operating the totalisator, then the auditor of pari-mutuel wagering shall obtain a check from the company for the amount of the net credit, made payable to the West Virginia Racing Commission, which the Racing Commission shall deposit with the State Treasurer.

4.16. No association holding a race meeting under a license issued by the West Virginia Racing Commission shall permit bets to be made on the grounds of the association on any race run outside of the grounds and no foreign book or gambling device of any kind is be permitted on the grounds.

W. Va. Code R. § 178-5-5 Account Wagering

5.1. General.

The association may offer a system of account wagering to patrons whereby wagers are debited and payouts credited to a sum of money, deposited in an account by the patron, that is held by the association. The association shall notify the patron, at the time of opening the account, of any rules the association has made concerning deposits, withdrawals, average daily balance, user fees, interest payments and any other aspect of the operation of the account. The association shall notify the patron whenever the rules governing the account are changed, the notification occurring before the new rules are applied to the account and including the opportunity for the patron to close or cash-in the account. The patron shall be considered to have accepted the rules of account operation upon opening or not closing the account. The association shall request authorization from the Racing Commission before a system of account wagering is offered.

5.2. Account Opening.

5.2.a. The association may offer to open for patrons:

5.2.a.1. Short-term accounts that are operational only for the performance during which they were opened and only at the site where they were opened, whereby wagers are placed by the account holder at a self-service terminal;

5.2.a.2. Long-term accounts that are operational for any performance offered by the association, whereby wagers are placed by the account holder at a self-service terminal, by telephone, or by internet; and

5.2.a.3. Voucher accounts that are operational for any performance offered by the association, whereby wagers are placed by the account holder at any ticket issuing terminal. The patron may choose to credit winning payouts in cash and may choose to close or cash-in the account at any time.

5.3. Refusals.

5.3.a. The association may reserve the right at any time to refuse to open an account, to accept a wager, or to accept a deposit.

5.4. Patron Information.

5.4.a. Each short-term or long-term account holder shall provide any personal information required by the association and the Racing Commission, including an address to which communications are to be delivered. The association shall provide, for each short-term or long-term account holder, a confidential account number and password to be used by the patron to confirm validity of every account transaction.

5.5. Deposits.

5.5.a. Deposits may be made in cash or by check. If the deposit is by check, the proceeds of the check may first need banker's clearance. Holding periods shall be determined by the association and advised to the account holder. A receipt for the deposit shall be issued to the account holder, but does not need to reflect the current account balance.

5.6. Sufficient Account Balance.

5.6.a. Each account holder shall be considered to be aware of the status of that account at all times. Wagers shall not be accepted which would exceed the available balance of that account. Any account not updated when a transaction is completed shall be inoperable until the transaction is posted and the account balance updated.

5.7. Account Credits.

5.7.a. When an account is entitled to a payout or refund, the monies shall be credited to the respective accounts, thus increasing the credit balance. It is the responsibility of the account holder to verify proper credits and, if in doubt, notify the association within the agreed upon time frame for consideration. Unresolved disputes may be forwarded to the Racing Commission by the association or the account holder. The Racing Commission shall consider no claim unless it is submitted in writing and accompanied by supporting evidence.

5.8. Account Operation.

5.8.a. The association shall maintain complete records of every deposit, withdrawal, wager and winning payout for each short- and long-term account. Voucher accounts shall be recorded in a manner similar to a ticket. These records shall be made available to the Racing Commission upon request.

5.8.b. For wagers made for an account by telephone, the association shall make a voice recording of the entire transaction and shall not accept any wager if the voice recording system is inoperable.

5.8.c. Any account wagering system shall provide for the account holder's review and finalization of a wager before the association accepts it. Neither the account holder nor the association shall change a wager after the account holder has reviewed and finalized the wager. In the case of a wager made by telephone, the voice recording of the transaction shall be considered to be the actual wager, regardless of what was recorded by the pari-mutuel system.

5.9. Account Closure.

5.9.a. The association may close any account when the holder of the account attempts to operate with an insufficient balance or when the account is dormant for a period approved by the Racing Commission. In either case, the association shall refund the remaining balance of the account.

W. Va. Code R. § 178-5-6 Simulcast Wagering

6.1. Duties of Simulcast Host.

6.1.a. Every host association simulcasting its performance, if requested, may contract with an authorized receiver for the purpose of providing authorized users its simulcast.

6.1.b. A host association is responsible for the content of the simulcast and shall use all reasonable effort to present a simulcast which offers the viewers an exemplary depiction of each performance.

6.1.c. Unless otherwise permitted by the Racing Commission, every simulcast shall contain in its video content a digital display of actual time of day, the name of the host facility from where it emanates, the number of the contest being displayed, and any other relevant information available to patrons at the host facility.

6.1.d. The host association shall maintain those security controls, including encryption over its uplink, and communications systems directed or approved by the Racing Commission.

6.2. Duties of Authorized Receiver.

6.2.a. An authorized receiver conducts and operates a pari-mutuel wagering system on the results of contests being held or conducted and simulcast from the enclosures of one or more host associations and with the approval of the Racing Commission.

6.2.b. An authorized receiver shall provide:

6.2.b.1. Adequate transmitting and receiving equipment of acceptable broadcast quality, which shall not interfere with the closed circuit TV system of the host association for providing any host facility patron information;

6.2.b.2. Pari-mutuel terminals, pari-mutuel odds displays, modems and switching units enabling pari-mutuel data transmissions, and data communications between the host and guest associations; and

6.2.b.3. A voice communication system between each guest association and the host association that provides timely voice contact among the Commission designees, placing judges and pari-mutuel departments.

6.2.c. The guest association and all authorized receivers shall conduct pari-mutuel wagering pursuant to the applicable Commission rules.

6.2.d. The Racing Commission may appoint at least one designee to supervise all approved simulcast facilities and may require additional designees as is reasonably necessary for the protection of the public interest.

6.2.e. Not less than thirty (30) minutes prior to the commencement of transmission of the performance of pari-mutuel contests for each day or night, the guest association shall initiate a test program of its transmitter, encryption and decoding, and data communication to assure proper operation of the system.

6.2.f. The guest association shall, in conjunction with the host association or associations for which it operates pari-mutuel wagering, provide the Racing Commission with a certified report of its pari-mutuel operations as directed by the Racing Commission.

6.2.g. Every authorized receiver shall file with the Racing Commission an annual report of its simulcast operations and an audited financial statement.

W. Va. Code R. § 178-5-7 Interstate Common Pool Wagering

7.1. General.

7.1.a. The Racing Commission shall approve all contracts pertaining to participation when pools are commingled intrastate and interstate.

7.1.b. Individual wagering transactions are made at the point of sale in the state where placed. Pari-mutuel pools are combined for computing odds and calculating payouts and breakage, but shall be held separate for auditing and all other purposes.

7.1.c. Any surcharges or withholdings in addition to the takeout shall only be applied in the jurisdiction otherwise imposing the surcharges or withholdings.

7.1.d. In determining whether to approve an interstate common pool which does not include the host track or which includes contests from more than one association, the Racing Commission shall consider and may approve use of a bet type which is not utilized at the host track, application of a takeout rate not in effect at the host track, or other factors which are presented to the Racing Commission.

7.1.e. The content and format of the visual display of racing and wagering information at facilities in other jurisdictions where wagering is permitted in the interstate common pool need not be identical to the similar information permitted or required to be displayed under this rule.

7.2. Guest State Participation in Interstate Common Pools.

7.2.a. With the prior approval of the Racing Commission, pari-mutuel wagering pools may be combined with corresponding wagering pools in the host state, or with corresponding pools established by one or more other jurisdictions.

7.2.b. The Racing Commission may permit adjustment of the takeout from the pari-mutuel pool so that the takeout rate in this jurisdiction is identical to that at the host track, or identical to that of other jurisdictions participating in a merged pool.

7.2.c. Where takeout rates in the merged pool are not identical, the net price calculation shall be the method by which the differing takeout rates are applied.

7.2.d. Rules established in the state of the host association designated for a pari-mutuel pool apply.

7.2.e. The Racing Commission shall approve agreements made between the association and other participants in interstate common pools governing the distribution of breakage between the jurisdictions.

7.2.f. If, for any reason, it becomes impossible to successfully merge the bets placed into the interstate common pool, the association shall make payouts in accordance with payout prices that would have been in effect if prices for the pool of bets were calculated without regard to wagers placed elsewhere. However, with permission of the Racing Commission, the association may alternatively determine to either pay winning tickets at the payout prices at the host track, or declare the accepted bets void and make refunds in accordance with the applicable rules.

7.3. Host State Participation in Merged Pools.

7.3.a. With the prior approval of the Racing Commission, an association licensed to conduct pari-mutuel wagering may determine that one or more of its contests may be utilized for pari-mutuel wagering at guest facilities in other states, and may also determine that pari-mutuel pools in guest states be combined with corresponding wagering pools established by it as the host track or comparable wagering pools established by two or more states.

7.3.b. Where takeout rates in the merged pool are not identical, the net price calculation shall be the method by which the differing takeout rates are applied.

7.3.c. Unless the Racing Commission has specifically determined that the rules of racing established for races held in this state also apply to interstate common pools.

7.3.d. The Racing Commission shall approve agreements made between the association and other participants in interstate common pools governing the distribution of breakage between the jurisdictions.

7.3.e. Any contract for interstate common pools entered into by the association shall contain a provision to the effect that if, for any reason, it becomes impossible to successfully merge the bets placed in another state into the interstate common pool formed by the association, or if, for any reason, the Racing Commission's or the association's representative determines that attempting to effect transfer of pool data from the guest state may endanger the association's wagering pool, the association has no liability for any measures taken which may result in the guest's wagers not being accepted into the pool.

7.4. Takeout Rates in Interstate Common Pools.

7.4.a. With the prior approval of the Racing Commission, an association wishing to participate in an interstate common pool may change its takeout rate (within the limits permitted by state law) so as to achieve a common takeout rate with all other participants in the interstate common pool.

7.4.b. An association wishing to participate in an interstate common pool may request that the Racing Commission approve a methodology whereby host and guest states with different takeout rates for corresponding pari-mutuel pools may effectively and equitably combine wagers from the different states into an interstate common pool.

W. Va. Code R. § 178-5-8 Calculation of Payoffs

8.1. General.

8.1.a. All permitted pari-mutuel wagering pools shall be separately and independently calculated and distributed. Takeout shall be deducted from each gross pool as stipulated by law. The remainder of the monies in the pool constitutes the net pool for distribution as payout on winning wagers.

8.1.b. Either the standard or net price calculation procedure may be used to calculate single commission pools, while the net price calculation procedure shall be used to calculate multi-commission pools.

8.1.b.1. Standard Price Calculation Procedure. The Standard Price Calculation shall be found in Table 178-5A at the end of this rule.

8.1.b.2. Net Price Calculation Procedure. The Net Price Calculation Procedure shall be found in Table 178-5B at the end of this rule.

8.1.c. If a profit split results in only one covered winning betting interest or combinations it shall be calculated the same as a single price pool.

8.1.d. The Racing Commission shall establish minimum payouts and the method used for calculating breakage.

8.1.e. The individual pools outlined in this rule may be given alternative names by each association, provided prior approval is obtained from the Racing Commission.

8.2. Win Pools.

8.2.a. The amount wagered on the betting interest, which finishes first, is deducted from the net pool and the balance remaining is the profit. The profit is divided by the amount wagered on the betting interest finishing first, and the quotient is the profit per dollar wagered to Win on that betting interest.

8.2.b. The net Win pool shall be distributed as a single price pool to winning wagers in the following precedence, based upon the official order of finish:

8.2.b.1. To those whose selection finished first; but if there are no such wagers, then

8.2.b.2. To those whose selection finished second; but if there are no such wagers, then

8.2.b.3. To those whose selection finished third; but if there are no such wagers, then

8.2.b.4. The entire pool shall be refunded on Win wagers for that contest.

8.2.c. If there is a dead heat for first involving:

8.2.c.1. Contestants representing the same betting interest, the Win pool shall be distributed as if no dead heat occurred; or

8.2.c.2. Contestants representing two or more betting interests, the Win pool shall be distributed as a profit split.

8.2.d. An example of a Win pool, standard price calculation, shall be found in Table 178-5C at the end of this rule.

8.3. Place Pools.

8.3.a. The amounts wagered to Place on the first two betting interests to finish shall be deducted from the net pool and the balance remaining is the profit. The profit is divided into two equal portions, with one assigned to each winning betting interest and divided by the amount wagered to Place on that betting interest. The resulting quotient is the profit per dollar wagered to Place on that betting interest.

8.3.b. The net Place pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.3.b.1. If contestants of a coupled entry or mutuel field finished in the first two places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise

8.3.b.2. As a profit split to those whose selection is included within the first two finishers; but if there are no such wagers on one of those two finishers, then

8.3.b.3. As a single price pool to those who selected the one covered betting interest included within the first two finishers; but if there are no such wagers, then

8.3.b.4. As a single price pool to those who selected the third-place finisher; but if there are no such wagers, then

8.3.b.5. The entire pool shall be refunded on Place wagers for that contest.

8.3.c. If there is a dead heat for first involving:

8.3.c.1. Contestants representing the same betting interest, the Place pool shall be distributed as a single price pool; or

8.3.c.2. Contestants representing two or more betting interests, the Place pool shall be distributed as a profit split.

8.3.d. If there is a dead heat for second involving:

8.3.d.1. Contestants representing the same betting interest, the Place pool shall be distributed as if no dead heat occurred; or

8.3.d.2. Contestants representing two or more betting interests, the Place pool shall be divided with one half (1/2) of the profit distributed to Place wagers on the betting interest finishing first and the remainder shall be distributed equally amongst Place wagers on those betting interests involved in the dead heat for second.

8.3.e. An example of a Place pool, standard price calculation, shall be found in Table 178-5D at the end of this rule.

8.4. Show Pools.

8.4.a. The amounts wagered to Show on the first three betting interests to finish shall be deducted from the net pool and the balance remaining is the profit. The profit is divided into three equal portions, with one assigned to each winning betting interest and divided by the amount wagered to Show on that betting interest. The resulting quotient is the profit per dollar wagered to Show on that betting interest.

8.4.b. The net Show pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.4.b.1. If contestants of a coupled entry or mutuel field finished in the first three places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise

8.4.b.2. If contestants of a coupled entry or mutuel field finished as two of the first three finishers, the profit shall be divided with two-thirds (2/3) distributed to those who selected the coupled entry or mutuel field and one-third (1/3) distributed to those who selected the other betting interest included within the first three finishers; otherwise

8.4.b.3. As a profit split to those whose selection is included within the first three finishers; but if there are no such wagers on one of those three finishers, then

8.4.b.4. As a profit split to those who selected one of the two covered betting interests included within the first three finishers; but if there are no such wagers on two of those three finishers, then

8.4.b.5. As a single price pool to those who selected the one covered betting interest included within the first three finishers; but if there are no such wagers, then

8.4.b.6. As a single price pool to those who selected the fourth-place finisher; but if there are no such wagers, then

8.4.b.7. The entire pool shall be refunded on Show wagers for that contest.

8.4.c. If there is a dead heat for first involving:

8.4.c.1. Two contestants representing the same betting interest, the profit shall be divided with two-thirds (2/3) distributed to those who selected the first-place finishers and one-third (1/3) distributed to those who selected the betting interest finishing third;

8.4.c.2. Three contestants representing a single betting interest, the Show pool shall be distributed as a single price pool; or

8.4.c.3. Contestants representing two or more betting interests, the Show pool shall be distributed as a profit split.

8.4.d. If there is a dead heat for second involving:

8.4.d.1. Contestants representing the same betting interest, the profit shall be divided with one-third (1/3) distributed to those who selected the betting interest finishing first and two-thirds (2/3) distributed to those who selected the second-place finishers;

8.4.d.2. Contestants representing two betting interests, the Show pool shall be distributed as a profit split; or

8.4.d.3. Contestants representing three betting interests, the Show pool shall be divided with one-third (1/3) of the profit distributed to Show wagers on the betting interest finishing first and the remainder shall be distributed equally amongst Show wagers on those betting interests involved in the dead heat for second.

8.4.e. If there is a dead heat for third involving:

8.4.e.1. Contestants representing the same betting interest, the Show pool shall be distributed as if no dead heat occurred; or

8.4.e.2. Contestants representing two or more betting interests, the Show pool shall be divided with two-thirds (2/3) of the profit distributed to Show wagers on the betting interests finishing first and second and the remainder shall be distributed equally amongst Show wagers on those betting interests involved in the dead heat for third.

8.4.f. An example of a Show pool, standard price calculation, shall be found in Table 178-5E at the end of this rule.

8.4.g. An example of a Show pool, net price calculation, shall be found in Table 178-5F at the end of this rule.

8.5. Double Pools.

8.5.a. The Double requires selection of the first-place finisher in each of two specified contests.

8.5.b. The net Double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.5.b.1. As a single price pool to those whose selection finished first in each of the two contests; but if there are no such wagers, then

8.5.b.2. As a profit split to those who selected the first-place finisher in either of the two contests; but if there are no such wagers, then

8.5.b.3. As a single price pool to those who selected the one covered first-place finisher in either contest; but if there are no such wagers, then

8.5.b.4. As a single price pool to those whose selection finished second in each of the two contests; but if there are no such wagers, then

8.5.b.5. The entire pool shall be refunded on Double wagers for those contests.

8.5.c. If there is a dead heat for first in either of the two contests involving:

8.5.c.1. Contestants representing the same betting interest, the Double pool shall be distributed as if no dead heat occurred; or

8.5.c.2. Contestants representing two or more betting interests, the Double pool shall be distributed as a profit split if there is more than one covered winning combination.

8.5.d. If a betting interest in the first-half of the Double is scratched prior to the first Double contest being declared official, all money wagered on combinations including the scratched betting interest shall be deducted from the Double pool and refunded.

8.5.e. If a betting interest in the second-half of the Double is scratched prior to the close of wagering on the first Double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the Double pool and refunded.

8.5.f. If a betting interest in the second-half of the Double is scratched after the close of wagering on the first Double contest, all wagers combining the winner of the first contest with the scratched betting interest in the second contest shall be allocated a consolation payout. In calculating the consolation payout the net Double pool shall be divided by the total amount wagered on the winner of the first contest and an unbroken consolation price obtained. The broken consolation price shall be multiplied by the dollar value of wagers on the winner of the first contest combined with the scratched betting interest to obtain the consolation payout. Breakage shall not be declared in this calculation. The consolation payout shall be deducted from the net Double pool before calculation and distribution of the winning Double payout. Dead heats including separate betting interests in the first contest shall result in a consolation payout calculated as a profit split.

8.5.g. If either of the Double contests are canceled prior to the first Double contest, or the first Double contest is declared "no contest", the entire Double pool shall be refunded on Double wagers for those contests.

8.5.h. If the second Double contest is canceled or declared "no contest" after the conclusion of the first Double contest, the net Double pool shall be distributed as a single price pool to wagers selecting the winner of the first Double contest. In the event of a dead heat involving separate betting interests, the net Double pool shall be distributed as a profit split.

8.5.i. An example of a Double pool, standard price calculation, shall be found in Table 178-5G at the end of this rule.

8.5.j. An example of a Double pool, consolation pricing calculation, shall be found in Table 178-5H at the end of this rule.

8.6. Pick Three Pools.

8.6.a. The Pick Three requires selection of the first-place finisher in each of three specified contests.

8.6.b. The net Pick Three pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.6.b.1. As a single price pool to those whose selection finished first in each of the three contests; but if there are no such wagers, then

8.6.b.2. As a single price pool to those who selected the first-place finisher in any two of the three contests; but if there are no such wagers, then

8.6.b.3. As a single price pool to those who selected the first-place finisher in any one of the three contests; but if there are no such wagers, then

8.6.b.4. The entire pool shall be refunded on Pick Three wagers for those contests.

8.6.c. If there is a dead heat for first in any of the three contests involving:

8.6.c.1. Contestants representing the same betting interest, the Pick Three pool shall be distributed as if no dead heat occurred; or

8.6.c.2. Contestants representing two or more betting interests, the Pick Three pool shall be distributed as follows:

8.6.c.2.A. As a profit split to those whose selections finished first in each of the three contests; but if there are no such wagers, then

8.6.c.2.B. As a single price pool to those who selected the first place finisher in any two of the three contests; but if there are no such wagers, then

8.6.c.2.C. As a single price pool to those who selected the first place finisher in any one of the three contests, but if there are no such wagers, then

8.6.c.2.D. the entire Pick Three pool shall be refunded.

8.6.d. If a betting interest in any of the three (3) Pick Three contests is scratched, all bets with the scratched betting interest shall be handled as follows:

8.6.d.1. If the scratch (which hereinafter includes being declared a non-starter or a non-betting starter) was made prior to the start of the first contest, all bets containing such scratched betting interest shall be refunded to determine the gross pool and removed from further consideration in the pool.

8.6.d.2. If the scratch was made in the second contest after the start of the first contest, a consolation payoff shall be computed for those bets combining the winners of the first and third contests with the scratched betting interest as follows: from the gross pool shall be deducted the statutory take-out and then the amount represented by the bets on combinations involving betting interests scratched from the third contest (reduced by the take-out thereon). The resulting remainder shall be divided by the amounts bet on the combination of such first and third contest winners with all betting interests (less breaks) to determine the consolation price per dollar payable to those bets combining winners of the first and third contests with the betting interest scratched in the second leg. The break shall not be deducted from the pool.

8.6.d.3. If a betting interest is scratched in the third contest after the start of the first contest, a consolation payoff shall be computed as for those bets combining the winners of the first and second contests with such scratched betting interest as follows: from the gross pool shall be deducted the statutory take-out and then the amount represented by bets on combinations involving betting interests scratched from the second contest (reduced by the rate of the take-out thereon). The resulting remainder shall be divided by the amount bet on the combination of such first and second contest winners with all betting interests in the third contest (less breaks) to determine the consolation price per dollar payable to those bets combining winners of the first and second contests with a betting interest scratched in the third contest. The breaks shall not be deducted from the pool.

8.6.d.4. If betting interests are scratched in both the second and third contests after the start of the first contest, a consolation payoff shall be computed for those bets combining the winner of the first contest with the betting interests scratched in both the second and third contests as follows: from the gross pool shall be deducted the takeout and the remainder shall be divided by the amount bet on the winner of the first contest combined with all other betting interests (less breaks) to determine the consolation price per dollar payable to those tickets combining the winner of the first leg with the scratch betting interests from both the second and third contests.

8.6.e. If all three Pick Three contests are canceled or declared "no contest", the entire pool shall be refunded on Pick Three wagers for those contests.

8.6.f. If one or two of the Pick Three contests are canceled or declared "no contest", the Pick Three pool shall remain valid and shall be distributed in accordance with subdivision 8.6.b. of this subsection.

8.7. Pick (n) Pools.

8.7.a. The Pick (n) requires selection of the first-place finisher in each of a designated number of contests, which shall be no fewer than four (4). The association shall obtain written approval from the Racing Commission concerning the scheduling of Pick (n) contests, the designation of one of the methods prescribed in subdivision 8.7.b. of this subsection and the amount of any cap to be set on the carryover. Any changes to the approved Pick (n) format require prior approval from the Racing Commission.

8.7.b. The Pick (n) pool shall be apportioned under one of the following methods:

8.7.b.1. 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, then 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.

8.7.b.2. Method 2, Pick (n) with Minor Pool 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.

8.7.b.3. Method 3, 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 shall be refunded.

8.7.b.4. Method 4, 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 a 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 (1), the major and minor shares are combined for distribution as a single price pool. If there are no winning wagers, the pool shall be refunded.

8.7.b.5. 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 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 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 a 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 shall be refunded.

8.7.b.6. Method 6, Pick (n) with “Unique Winning Ticket”: The major share of 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. In the event of a unique winning ticket, 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 is no unique winning 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 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. “Unique winning ticket,” as used in this paragraph, shall be defined as having occurred when there is one and only one winning ticket that correctly selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish, to be verified by the unique serial number assigned by the tote company that issued the winning ticket. In the event that there is more than one winning ticket that correctly selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish, the unique winning ticket shall be deemed to not have occurred.

8.7.c. If there is a dead heat for first in any of the Pick (n) contests involving:

8.7.c.1. Contestants representing the same betting interest, the Pick (n) pool shall be distributed as if no dead heat occurred; or

8.7.c.2. Contestants representing two or more betting interests, the Pick (n) pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

8.7.d. If a betting interest in any of the Pick (n) contests is scratched, the actual favorite, as evidenced by total amounts wagered in the Win Pool at the host association for the contest at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests, which became winners as a result of the substitution, in addition to the normal wining combinations.

8.7.e. The Pick (n) pool shall be canceled and all Pick (n) wagers for the individual performance shall be refunded if:

8.7.e.1. At least three (3) contests included as part of a Pick 4, Pick 5 or Pick 6 are canceled or declared "no contest";

8.7.e.2. At least four (4) contests included as part of a Pick 7, Pick 8 or Pick 9 are canceled or declared "no contest"; or

8.7.e.3. At least five (5) contests included as part of a Pick 10 are canceled or declared "no contest".

8.7.f. If at least one (1) contest included as part of a Pick (n) is canceled or declared "no contest", but not more than the number specified in subdivision 8.7.e. of this subsection, the net pool shall be distributed as a single price pool to those whose selection 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.

8.7.g. The Pick (n) carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Pick (n) carryover equals or exceeds the designated cap, the Pick (n) carryover shall be frozen until it is won or distributed under other provisions of this rule. After the Pick (n) carryover is frozen, one hundred percent (100%) of the net pool, part of which ordinarily would be added to the Pick (n) carryover, shall be distributed to those whose selection finished first in the greatest number of Pick (n) contests for that performance.

8.7.h. A written request for permission to distribute the Pick (n) carryover on a specific performance may be submitted to the Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for distribution.

8.7.i. If the Pick (n) carryover is designated for distribution on a specified date and performance in which there are no wagers selecting the first-place finisher in each of the Pick (n) contests, the entire pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests. The Pick (n) carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

8.7.i.1. Upon written approval from the Racing Commission as provided in subdivision 8.7.h. of this subsection;

8.7.i.2. Upon written approval from the Racing Commission when there is a change in the carryover cap, a change from one type of Pick (n) wagering to another, or when the Pick (n) is discontinued; or

8.7.i.3. On the closing performance of the meet or split meet.

8.7.j. If, for any reason, the Pick (n) carryover must be held over to the corresponding Pick (n) pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Pick (n) carryover plus accrued interest shall then be added to the net Pick (n) pool of the following meet on a date and performance designated by the Racing Commission.

8.7.k. With the written approval of the Racing Commission, the association may contribute to the Pick (n) carryover a sum of money up to the amount of any designated cap.

8.7.l. No one shall receive information pertaining to covered combinations, amounts wagered on combinations, the number of tickets sold, or the number of live tickets remaining. This subdivision does not preclude access to any and all necessary information needed by totalisator employees, pari-mutuel department employees, or Racing Commission employees in order to discharge their proscribed duties.

8.7.m. The association may suspend previously approved Pick (n) wagering with the prior approval of the Racing 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.

8.7.n. An example of a Pick (n) pool, net price calculation, shall be found in Table 178-5I at the end of this rule.

8.7.o. Place Pick (n) Pools.

8.7.o.1. The Place Pick (n) requires selection of the first or second-place finisher in each of a designated number of contests. The association shall obtain written approval from the Racing Commission concerning the scheduling of a Place Pick (n) contest, the designation of one of the methods prescribed in paragraph 8.7.o.2. of this subdivision, the distinctive name identifying the pool and the amount of any cap to be set on the carryover. Any changes to the approved Place Pick (n) format require prior approval from the Racing Commission.

8.7.o.2. The Place Pick (n) pool shall be apportioned under one of the following methods:

8.7.o.2.A. Method 1, Place Pick (n) with Carryover: The net Place Pick (n) pool and carryover, if any, shall be distributed as a single price pool to those who selected the first or second-place finisher in each of the Place Pick (n) contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool shall be distributed as a single price pool to those who selected the first or second-place finisher in the greatest number of Place Pick (n) contests; and the remainder shall be added to the carryover;

8.7.o.2.B. Method 2, Place Pick (n) with Minor Pool and Carryover: The major share of the net Place Pick (n) pool and the carryover, if any, shall be distributed to those who selected the first or second-place finisher in each of the Place Pick (n) contests, based upon the official order of finish. The minor share of the net Place Pick (n) pool shall be distributed to those who selected the first or second-place finisher in the second greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first or second-place finisher of all Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be distributed as a single price pool to those who selected the first or second-place finisher in the greatest number of Place Pick (n) contests; and the major share shall be added to the carryover;

8.7.o.2.C. Method 3, Place Pick (n) with No Minor Pool and No Carryover: The net Place Pick (n) pool shall be distributed as a single price pool to those who selected the first or second-place finisher in the greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no winning wagers, the pool shall be refunded;

8.7.o.2.D. Method 4, Place Pick (n) with Minor Pool and No Carryover: The major share of the net Place Pick (n) pool shall be distributed to those who selected the first or second-place finisher in the greatest number of Place Pick (n) contests, based upon the official order of finish. The minor share of the net Place Pick (n) pool shall be distributed to those who selected the first or second-place finisher in the second greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first or second-place finisher in a second greatest number of Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first or second-place finisher in the greatest number of Place Pick (n) contests. If the greatest number of first or second-place finishers selected is one (1), the major and minor shares are combined for distribution as a single price pool. If there are no winning wagers, the pool shall be refunded; or

8.7.o.2.E. Method 5, Place Pick (n) with Minor Pool and No Carryover: The major share of net Place Pick (n) pool shall be distributed to those who selected the first or second-place finisher in each of the Place Pick (n) contests, based upon the official order of finish. The minor share of the net Place Pick (n) pool shall be distributed to those who selected the first or second-place finisher in the second greatest number of Place Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first or second-place finisher in all Place Pick (n) contests, the entire net Place Pick (n) pool shall be distributed as a single price pool to those who selected the first or second-place finisher in the greatest number of Place Pick (n) contests. If there are no wagers selecting the first or second-place finisher in a second greatest number of Place Pick (n) contests, the minor share of the net Place Pick (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first or second-place finisher in each of the Place Pick (n) contests. If there are no winning wagers, the pool shall be refunded.

8.7.o.3. If there is a dead heat for first in any of the Place Pick (n) contests involving:

8.7.o.3.A. Contestants representing the same betting interest, the Place Pick (n) pool shall be distributed as if no dead heat occurred; or

8.7.o.3.B. Contestants representing two or more betting interests, the Place Pick (n) pool shall be distributed as a single price pool with a winning wager including each betting interest participating in the dead heat.

8.7.o.4. If there is a dead heat for second in any of the Place Pick (n) contests involving:

8.7.o.4.A. Contestants representing the same betting interest, the Place Pick (n) pool shall be distributed as if no dead heat occurred; or

8.7.o.4.B. Contestants representing two or more betting interests, the Place Pick (n) pool shall be distributed as a single price pool with a winning wager including the betting interest which finished first or any betting interest involved in the dead heat for second.

8.7.o.5. If a betting interest in any of the Place Pick (n) contests is scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the host association for the contest at the close of wagering on that contest, shall be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

8.7.o.6. The Place Pick (n) pool shall be canceled and all Place Pick (n) wagers for the individual performance shall be refunded if:

8.7.o.6.A. At least three contests included as part of a Place Pick 4, Place Pick 5 or Place Pick 6 are canceled or declared "no contest";

8.7.o.6.B. At least four contests included as part of a Place Pick 7, Place Pick 8 or Place Pick 9 are canceled or declared "no contest"; or

8.7.o.6.C. At least five contests included as part of a Place Pick 10 are canceled or declared "no contest".

8.7.o.7. If at least one contest included as part of a Place Pick (n) is canceled or declared "no contest", but not more than the number specified in paragraph 8.7.o.6. of this subdivision, the net pool shall be distributed as a single price pool to those whose selection finished first or second in the greatest number of Place Pick (n) contests for that performance. The distribution shall include the portion ordinarily retained for the Place Pick (n) carryover but not the carryover from previous performances.

8.7.o.8. The Place Pick (n) carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Place Pick (n) carryover equals or exceeds the designated cap, the Place Pick (n) carryover shall be frozen until it is won or distributed under this rule. After the Place Pick (n) carryover is frozen, one hundred percent (100%) of the net pool, part of which ordinarily would be added to the Place Pick (n) carryover, shall be distributed to those whose selection finished first or second in the greatest number of Place Pick (n) contests for that performance.

8.7.o.9. A written request for permission to distribute the Place Pick (n) carryover on a specific performance may be submitted to the Racing Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

8.7.o.10. If the Place Pick (n) carryover is designated for distribution on a specified date and performance in which there are no wagers selecting the first or second-place finisher in each of the Place Pick (n) contests, the entire pool shall be distributed as a single price pool to those whose selection finished first or second in the greatest number of Place Pick (n) contests. The Place Pick (n) carryover shall be designated for distribution on a specified date and performance under any of the following circumstances:

8.7.o.10.A. Upon written approval from the Racing Commission as provided in paragraph 8.7.o.9. of this subdivision;

8.7.o.10.B. Upon written approval from the Racing Commission when there is a change in the carryover cap, a change from one type of Place Pick (n) wagering to another, or when the Place Pick (n) is discontinued; or

8.7.o.10.C. On the closing performance of the meet or split meet.

8.7.o.11. If, for any reason, the Place Pick (n) carryover must be held over to the corresponding Place Pick (n) pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Place Pick (n) carryover plus accrued interest shall then be added to the net Place Pick (n) pool of the following meet on a date and performance designated by the Racing Commission.

8.7.o.12. With the written approval of the Racing Commission, the association may contribute to the Place Pick (n) carryover a sum of money up to the amount of any designated cap.

8.7.o.13. No one shall receive information pertaining to covered combinations, amounts wagered on combinations, the number of tickets sold, or the number of live tickets remaining. This paragraph does not preclude access to any and all necessary information needed by totalisator employees, pari-mutuel department employees, or Racing Commission employees in order to discharge their proscribed duties.

8.7.o.14. The association may suspend previously approved Place Pick (n) wagering with the prior approval of the Racing Commission. Any carryover shall be held until the suspended Place Pick (n) wagering is reinstated. An association may request approval of a Place Pick (n) wager or separate wagering pool for specific performances.

8.8. Quinella Pools.

8.8.a. The Quinella requires selection of the first two finishers, irrespective of order, for a single contest.

8.8.b. The net Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.8.b.1. If contestants of a coupled entry or mutuel field finish as the first two finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

8.8.b.2. As a single price pool to those whose combination finished as the first two betting interests; but if there are no such wagers; then

8.8.b.3. As a profit split to those whose combination included either the first- or second-place finisher; but if there are no such wagers on one of the those two finishers, then

8.8.b.4. As a single price pool to those whose combination included the one covered betting interest included within the first two finishers; but if there are no such wagers, then

8.8.b.5. The entire pool shall be refunded on Quinella wagers for that contest.

8.8.c. If there is a dead heat for first involving:

8.8.c.1. Contestants representing the same betting interest, the Quinella pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish;

8.8.c.2. Contestants representing two betting interests, the Quinella pool shall be distributed as if no dead heat occurred; or

8.8.c.3. Contestants representing three or more betting interests, the Quinella pool shall be distributed as a profit split.

8.8.d. If there is a dead heat for second involving contestants representing the same betting interest, the Quinella pool shall be distributed as if no dead heat occurred.

8.8.e. If there is a dead heat for second involving contestants representing two or more betting interests, the Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

8.8.e.1. As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only one covered combination, then

8.8.e.2. As a single price pool to those combining the winner with the one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

8.8.e.3. As a profit split to those combining the betting interests involved in the dead heat for second; but if there are no such wagers, then

8.8.e.4. As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second; but if there are no such wagers, then

8.8.e.5. The entire pool shall be refunded on Quinella wagers for that contest.

8.9. Quinella Double Pools.

8.9.a. The Quinella Double requires selection of the first two finishers, irrespective of order, in each of two specified contests.

8.9.b. The net Quinella Double pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.9.b.1. If a coupled entry or mutuel field finishes as the first two contestants in either contest, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest, as well as the first two finishers in the alternate Quinella Double contest; otherwise

8.9.b.2. As a single price pool to those who selected the first two finishers in each of the two Quinella Double contests; but if there are no such wagers, then

8.9.b.3. As a profit split to those who selected the first two finishers in either of the two Quinella Double contests; but if there are no such wagers on one of those contests, then

8.9.b.4. As a single price pool to those who selected the first two finishers in the one covered Quinella Double contest; but if there were no such wagers, then

8.9.b.5. The entire pool shall be refunded on Quinella Double wagers for those contests.

8.9.c. If there is a dead heat for first in either of the two Quinella Double contests involving:

8.9.c.1. Contestants representing the same betting interest, the Quinella Double pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest;

8.9.c.2. Contestants representing two betting interests, the Quinella Double pool shall be distributed as if no dead heat occurred; or

8.9.c.3. Contestants representing three or more betting interests, the Quinella Double pool shall be distributed as a profit split.

8.9.d. If there is a dead heat for second in either of the Quinella Double contests involving contestants representing the same betting interest, the Quinella Double pool shall be distributed as if no dead heat occurred.

8.9.e. If there is a dead heat for second in either of the Quinella Double contests involving contestants representing two or more betting interests, the Quinella Double pool shall be distributed as profit split.

8.9.f. If a betting interest in the first-half of the Quinella Double is scratched prior to the first Quinella Double contest being declared official, all money wagered on combinations including the scratched betting interest shall be deducted from the Quinella Double pool and refunded.

8.9.g. If a betting interest in the second-half of the Quinella Double is scratched prior to the close of wagering on the first Quinella Double contest, all money wagered on combinations including the scratched betting interest shall be deducted from the Quinella Double pool and refunded.

8.9.h. If a betting interest in the second-half of the Quinella Double is scratched after the close of wagering on the first Quinella Double contest, all wagers combining the winning combination in the first contest with a combination including the scratched betting interest in the second contest shall be allocated a consolation payout. In calculating the consolation payout the net Quinella Double pool shall be divided by the total amount wagered on the winning combination in the first contest and an unbroken consolation price obtained. The unbroken consolation price shall be multiplied by the dollar value of wagers on the winning combination in the first contest combined with a combination including the scratched betting interest in the second contest to obtain the consolation payout. Breakage shall not be utilized in this calculation. The consolation payout shall be deducted from the net Quinella Double pool before calculation and distribution of the winning Quinella Double payout. In the event of a dead heat involving separate betting interests, the net Quinella Double pool shall be distributed as a profit split.

8.9.i. If either of the Quinella Double contests is canceled prior to the first Quinella Double contest, or the first Quinella Double contest is declared "no contest", the entire Quinella Double pool shall be refunded on Quinella Double wagers for those contests.

8.9.j. If the second Quinella Double contest is canceled or declared "no contest" after the conclusion of the first Quinella Double contest, the net Quinella Double pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Quinella Double contest. If there are no wagers selecting the winning combination in the first Quinella Double contest, the entire Quinella Double pool shall be refunded on Quinella Double wagers for those contests.

8.10. Show Quinella Pools.

8.10.a. The Show Quinella requires selection of two (2) of the first three (3) finishers, irrespective of order, for a single contest.

8.10.b. The Show Quinella pool shall be apportioned under one of the following methods:

8.10.b.1. Method 1, Single Price and Refund: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.10.b.1.A. As a single price pool to those whose combinations finished as the first two betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

8.10.b.1.B. The entire pool shall be refunded on Show Quinella wagers for that contest.

8.10.b.2. Method 2, Single Price and Carryover: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.10.b.2.A. As a single price pool to those whose combinations finished as the first two betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

8.10.b.2.B. The net pool shall be carried forward and added to the next Show Quinella pool.

8.10.b.3. Method 3, Profit Split and Refund: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.10.b.3.A. As a profit split to those whose combinations finished as the first two betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

8.10.b.3.B. The entire pool shall be refunded on Show Quinella wagers for that contest.

8.10.b.4. Method 4, Profit Split and Carryover: The net Show Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.10.b.4.A. As a profit split to those whose combinations finished as the first two betting interests, the first and third betting interests and/or the second and third betting interests; but if there are no such wagers, then

8.10.b.4.B. The net pool shall be carried forward and added to the next Show Quinella pool.

8.10.c. If there is a dead heat for first involving:

8.10.c.1. Contestants representing two or three betting interests, the Show Quinella pool shall be distributed as if no dead heat occurred.

8.10.c.2. Contestants representing four or more betting interests, the Show Quinella pool shall be distributed between all possible winning combinations based upon the method selected in subdivision 8.10.b. of this subsection.

8.10.d. If there is a dead heat for second involving:

8.10.d.1. Contestants representing two betting interests, the Show Quinella pool shall be distributed as if no dead heat occurred.

8.10.d.2. Contestants representing three or more betting interests, the Show Quinella pool shall be distributed between all possible winning combinations based upon the method selected in subdivision 8.10.b. of this subsection.

8.10.e. If there is a dead heat for third involving contestants representing two or more betting interests, the Show Quinella pool shall be distributed between all possible winning combinations, including those betting interests in the dead heat, based upon the method selected in subdivision 8.10.b. of this subsection.

8.10.f. Should any betting interest entered in the Show Quinella pool be scratched or excused from the contest, wagers including such betting interest shall be deducted from the Show Quinella pool and money refunded.

8.10.g. If, for any reason, the Show Quinella carryover must be held over to the corresponding Show Quinella pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Show Quinella carryover plus accrued interest shall be added to the net Show Quinella pool of the following meet on a date and performance so designated by the Commission.

8.11. Exacta Pools.

8.11.a. The Exacta, also commonly known as the Perfecta, requires selection of the first two finishers, in their exact order, for a single contest.

8.11.b. The net Exacta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.11.b.1. If contestants of a coupled entry or mutuel field finish as the first two finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

8.11.b.2. As a single price pool to those whose combination finished in correct sequence as the first two betting interests; but if there are no such wagers, then

8.11.b.3. As a profit split to those whose combination included either the first-place betting interest to finish first or the second-place betting interest to finish second; but if there are no such wagers on one of those two finishers, then

8.11.b.4. As a single price pool to those whose combination included the one covered betting interest to finish first or second in the correct sequence; but if there are no such wagers, then

8.11.b.5. The entire pool shall be refunded on Exacta wagers for that contest.

8.11.c. If there is a dead heat for first involving:

8.11.c.1. Contestants representing the same betting interest, the Exacta pool shall be distributed as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; or

8.11.c.2. Contestants representing two or more betting interests, the Exacta pool shall be distributed as a profit split.

8.11.d. If there is a dead heat for second involving contestants representing the same betting interest, the Exacta pool shall be distributed as if no dead heat occurred.

8.11.e. If there is a dead heat for second involving contestants representing two or more betting interests, the Exacta pool shall be distributed to ticket holders in the following precedence, based upon the official order of finish:

8.11.e.1. As a profit split to those combining the first-place betting interest with any of the betting interests involved in the dead heat for second; but if there is only one covered combination, then

8.11.e.2. As a single price pool to those combining the first-place betting interest with one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

8.11.e.3. As a profit split to those wagers correctly selecting the winner for first-place and those wagers selecting any of the dead-heated betting interests for second-place; but if there are no such wagers, then

8.11.e.4. The entire pool shall be refunded on Exacta wagers for that contest.

8.12. Trifecta Pools.

8.12.a. The Trifecta requires selection of the first three finishers, in their exact order, for a single contest.

8.12.b. The net Trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.12.b.1. As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

8.12.b.2. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.12.b.3. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.12.b.4. The entire pool shall be refunded on Trifecta Wagers for that contest.

8.12.c. If less than three betting interests finish and the contest is declared official, payouts will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest shall be ignored.

8.12.d. If there is a dead heat for first involving:

8.12.d.1. Contestants representing three or more betting interests, all of the wagering combinations selecting three betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split; or

8.12.d.2. Contestants representing two betting interests, both of the wagering combinations selecting the two dead-heated betting interests, irrespective of order, along with the third-place betting interest shall share in a profit split.

8.12.e. If there is a dead heat for second, all of the combinations correctly selecting the winner combined with any of the betting interests involved in the dead heat for second shall share in a profit split.

8.12.f. If there is a dead heat for third, all wagering combinations correctly selecting the first two finishers, in correct sequence, along with any of the betting interests involved in the dead heat for third shall share in a profit split.

8.12.g. Coupled entries and mutuel fields are prohibited in Trifecta contests except in Grade I races (as determined by the North American Graded Stakes Committee) with written approval of the host Racing Commission.

8.13. Superfecta Pools.

8.13.a. The Superfecta requires selection of the first four finishers, in their exact order, for a single contest.

8.13.b. Distribution of Winnings – Option #1.

8.13.b.1. The net Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.13.b.1.A. As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

8.13.b.1.B. As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

8.13.b.1.C. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.13.b.1.D. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.13.b.1.E. The entire pool shall be refunded on Superfecta wagers for that contest.

8.13.c. Distribution of Winnings – Option #2.

8.13.c.1. The net Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.13.c.1.A. As a single price pool, including any applicable carry-over, to those whose combination finished in correct sequence as the first four betting interests, but if there are no such wagers, then 8.13.c.1.B The net pool will be divided into two separate pools. The major pool of the net pool shall be retained and added to a corresponding carryover pool into the next designated Superfecta race. The remaining minor pool shall be paid as a Superfecta consolation pool, which will be equally divided among those ticket holders who correctly select the first three betting interests, but if there are no such wagers, then

8.13.c.1.C. The Superfecta consolation pool will be divided among those ticket holders who correctly select the first two finishers, but if there are no such wagers, then

8.13.c.1.D. The Superfecta consolation pool will be divided among those ticket holders who correctly select the first betting interests, but if there are no such wagers, then

8.13.c.1.E. The entire pool shall become a carryover pool to be retained and added to the next designated Superfecta race.

8.13.c.2. On the last Superfecta race on the final day of the meeting, the net pool, including any applicable carryover, shall be distributed using the method described in subdivision 8.13.b.

8.13.c.3. Where a net pool is divided into two separate pools in accordance with this subdivision any odd cents remaining shall be retained and added to the part of the net pool that will be added to the corresponding carryover pool.

8.13.d. Distribution of Winnings – Option #3.

8.13.d.1. The net Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.13.d.1.A. As a single price pool to those whose combination finished in correct sequence as the first four betting interests, but if there are no such wagers, then

8.13.d.1.B. The entire net pool shall be retained and added to a corresponding carryover pool into the next designated Superfacta race.

8.13.d.2. On the last Superfecta race on the final day of the meeting, the net pool, and include any applicable carryover shall be distributed using the method described in subdivision 8.13.b.

8.13.e. If, for any reason, the Superfecta carryover must be held over to the corresponding Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Commission. The Superfecta carryover plus accrued interest shall then be added to the net Superfecta pool of the following meet on a date and performance designated by the Commission.

8.13.f. If fewer than four betting interests finish and the contest is declared official, payouts will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection on any ticket beyond the number of betting interests completing the contest shall be ignored. If the pools are being distributed under paragraph 8.3.c.1 or paragraph 8.3.d.1., any previous Superfecta contest’s carryover will not be included in the payoff and will be retained for the next contest’s carryover, and this contest’s net Superfecta pool will be distributed using the method described in subdivision 8.13.b.

8.13.g. If there is a dead heat for first involving:

8.13.g.1. Contestants representing four or more betting interests, all of the wagering combinations selecting the four betting interests, irrespective of order shall share in a profit split;

8.13.g.2. Contestants representing three betting interests, all of the wagering combinations selecting the three dead-heated betting interests, irrespective of order, along with the fourth-place betting interest shall share in a profit split;

8.13.g.3. Contestants representing two betting interests, both of the wagering combinations selecting the two dead-heated betting interests, irrespective of order, along with the third-place and fourth-place betting interests shall share in a profit split.

8.13.h. If there is a dead heat for second involving:

8.13.h.1. Contestants representing three or more betting interests, all of the wagering combinations correctly selecting the winner combined with all of the three betting interests, irrespective of order, shall share in a profit split;

8.13.h.2. Contestants representing two betting interests, all of the wagering combinations correctly selecting the winner, the two dead-heated betting interests, irrespective of order, and the fourth-place betting interest shall share in a profit split.

8.13.i. If there is a dead heat for third, all wagering combinations correctly selecting the first two finishers, in correct sequence, along with any two of the betting interests involved in the dead heat for third, irrespective of order, shall share in a profit split.

8.13.j. If there is a dead heat for fourth, all wagering combinations correctly selecting the first three finishers, in correct sequence, along with any of the betting interests involved in the dead heat for fourth shall share in a profit split.

8.13.k. In the event that more than one component of a coupled entry or mutuel field finishes within the first four positions, the first member of the coupled entry or mutuel field to finish shall determine the position of the single betting interest. The net pool shall be distributed to those whose selection included the coupled entry or mutuel field and each of the other three betting interests.

8.14. Twin Quinella Pools.

8.14.a. The Twin Quinella requires selection of the first two finishers, irrespective of order, in each of two designated contests. Each winning ticket for the first Twin Quinella contest must be exchanged for a ticket on the second Twin Quinella contest in order to remain eligible for the second-half Twin Quinella pool. The tickets shall be exchanged prior to the second Twin Quinella contest. There shall be no monetary reward for winning the first Twin Quinella contest. Both of the designated Twin Quinella contests shall be included in only one Twin Quinella pool.

8.14.b. In the first Twin Quinella contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Quinella contest:

8.14.b.1. If a coupled entry or mutuel field finishes as the first two finishers, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners;

8.14.b.2. Those whose combination finished as the first two betting interests shall be winners; but if there are no such wagers, then

8.14.b.3. Those whose combination included either the first- or second-place finisher shall be winners; but if there are no such wagers on one of those two finishers, then

8.14.b.4. Those whose combination included the one covered betting interest included within the first two finishers shall be winners; but if there are no such wagers, then

8.14.b.5. The entire pool shall be refunded on Twin Quinella wagers for that contest.

8.14.c. In the first Twin Quinella contest only, if there is a dead heat for first involving:

8.14.c.1. Contestants representing the same betting interest, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish shall be winners;

8.14.c.2. Contestants representing two betting interests, the winning Twin Quinella wagers shall be determined as if no dead heat occurred; or

8.14.c.3. Contestants representing three or more betting interests, those whose combination included any two of the betting interests finishing in the dead heat shall be winners.

8.14.d. In the first Twin Quinella contest only, if there is a dead heat for second involving contestants representing two or more betting interests, the Twin Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

8.14.d.1. As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only one covered combination, then

8.14.d.2. As a single price pool to those combining the winner with the one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

8.14.d.3. As a profit split to those combining the betting interests involved in the dead heat for second; but it there are no such wagers, then

8.14.d.4. As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second; but if there are no such wagers, then

8.14.d.5. The entire pool shall be refunded on Twin Quinella wagers for that contest.

8.14.e. In the second Twin Quinella contest only, the entire net Twin Quinella pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Quinella contest:

8.14.e.1. If a coupled entry or mutuel field finishes as the first two finishers, as a single price pool to those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish; otherwise

8.14.e.2. As a single price pool to those whose combination finished as the first two betting interests; but if there are no such wagers, then

8.14.e.3. As a profit split to those whose combination included either the first- or second-place finisher; but if there are no such wagers on one of those two finishers, then

8.14.e.4. As a single price pool to those whose combination included the one covered betting interest included within the first two finishers; but if there are no such wagers, then

8.14.e.5. As a single price pool to all the exchange ticket holders for that contest; but if there are no such tickets, then

8.14.e.6. In accordance with subdivision 8.14.b. of this subsection.

8.14.f. In the second Twin Quinella contest only, if there is a dead heat for first involving:

8.14.f.1. Contestants representing the same betting interest, the net Twin Quinella pool shall be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

8.14.f.2. Contestants representing two betting interests, the net Twin Quinella pool shall be distributed as if no dead heat occurred; or

8.14.f.3. Contestants representing three or more betting interests, the net Twin Quinella pool shall be distributed as a profit split to those whose combination included any two of the betting interests finishing in the dead heat.

8.14.g. In the second Twin Quinella contest only, if there is a dead heat for second involving contestants representing two or more betting interests, the Twin Quinella pool shall be distributed to wagers in the following precedence, based upon the official order of finish:

8.14.g.1. As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only one covered combination, then

8.14.g.2. As a single price pool to those combining the winner with the one covered betting interest involved in the dead heat for second; but if there are no such wagers, then

8.14.g.3. As a profit split to those combining the betting interests involved in the dead heat for second; but it there are no such wagers, then

8.14.g.4. As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second, then

8.14.g.5. As a single price pool to all the exchange ticket holders for that contest; but if there are no such tickets, then

8.14.g.6. In accordance with subdivision 8.14.b. of this subsection.

8.14.h. If a winning ticket for the first-half of the Twin Quinella is not presented for exchange prior to the close of betting on the second-half Twin Quinella contest, the ticket holder forfeits all rights to any distribution of the Twin Quinella pool resulting from the outcome of the second contest.

8.14.i. If a betting interest in the first-half of the Twin Quinella is scratched, those Twin Quinella wagers including the scratched betting interest shall be refunded.

8.14.j. If a betting interest in the second-half of the Twin Quinella is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Quinella contest, the ticket holder forfeits all rights to the Twin Quinella pool.

8.14.k. If either of the Twin Quinella contests is canceled prior to the first Twin Quinella contest, or the first Twin Quinella contest is declared "no contest", the entire Twin Quinella pool shall be refunded on Twin Quinella wagers for that contest.

8.14.l. If the second-half Twin Quinella contest is canceled or declared "no contest" after the conclusion of the first Twin Quinella contest, the net Twin Quinella pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Twin Quinella contest and all valid exchange tickets. If there are no such wagers, the net Twin Quinella pool shall be distributed as described in subdivision 8.14.b. of this subsection.

8.15. Twin Trifecta Pools.

8.15.a. The Twin Trifecta requires selection of the first three finishers, in their exact order, in each of two designated contests. Each winning ticket for the first Twin Trifecta contest must be exchanged for a ticket on the second Twin Trifecta contest in order to remain eligible for the second-half Twin Trifecta pool. The tickets shall be exchanged prior to the second Twin Trifecta contest. Winning first-half Twin Trifecta wagers shall receive both an exchange and a monetary payout. Both of the designated Twin Trifecta contests shall be included in only one Twin Trifecta pool.

8.15.b. After wagering closes for the first-half of the Twin Trifecta and commissions have been deducted from the pool, the net pool shall then be divided into separate pools: the first-half Twin Trifecta pool and the second-half Twin Trifecta pool.

8.15.c. In the first Twin Trifecta contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Trifecta contest:

8.15.c.1. As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

8.15.c.2. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.15.c.3. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.15.c.4. The entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contest and the second-half shall be canceled.

8.15.d. If no first-half Twin Trifecta ticket selects the first three finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second-half Twin Trifecta pool. In that case, the second-half Twin Trifecta pool shall be retained and added to any existing Twin Trifecta carryover pool.

8.15.e. Winning tickets from the first-half of the Twin Trifecta shall be exchanged for tickets selecting the first three finishers of the second-half of the Twin Trifecta. The second-half Twin Trifecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Trifecta contest:

8.15.e.1. As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first three betting interests; but if there are no such tickets, then

8.15.e.2. The entire second-half Twin Trifecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second-half Twin Trifecta pool of the next consecutive performance.

8.15.f. If a winning first-half Twin Trifecta ticket is not presented for cashing and exchange prior to the second-half Twin Trifecta contest, the ticket holder may still collect the monetary value associated with the first-half Twin Trifecta pool but forfeits all rights to any distribution of the second-half Twin Trifecta pool.

8.15.g. Coupled entries and mutuel fields are prohibited in Twin Trifecta contests.

8.15.h. If a betting interest in the first-half of the Twin Trifecta is scratched, those Twin Trifecta wagers including the scratched betting interest shall be refunded.

8.15.i. If a betting interest in the second-half of the Twin Trifecta is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Trifecta contest, the ticket holder forfeits all rights to the second-half Twin Trifecta pool.

8.15.j. If, due to a late scratch, the number of betting interests in the second-half of the Twin Trifecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets are entitled to the second-half Twin Trifecta pool for that contest as a single price pool, but not the Twin Trifecta carryover.

8.15.k. If there is a dead heat or multiple dead heats in either the first or second-half of the Twin Trifecta, all Twin Trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, are winners. In the case of a dead heat occurring in:

8.15.k.1. The first-half of the Twin Trifecta, the payout shall be calculated as a profit split.

8.15.k.2. The second-half of the Twin Trifecta, the payout shall be calculated as a single price pool.

8.15.l. If either of the Twin Trifecta contests are canceled prior to the first Twin Trifecta contest, or the first Twin Trifecta contest is declared "no contest", the entire Twin Trifecta pool shall be refunded on Twin Trifecta wagers for that contest and the second-half shall be canceled.

8.15.m. If the second-half Twin Trifecta contest is canceled or declared "no contest", all exchange tickets and outstanding first-half winning Twin Trifecta tickets are entitled to the net Twin Trifecta pool for that contest as a single price pool, but not Twin Trifecta carryover. If there are no such tickets, the net Twin Trifecta pool shall be distributed as described in subdivision 8.15.c. of this subsection.

8.15.n. The Twin Trifecta carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Twin Trifecta carryover equals or exceeds the designated cap, the Twin Trifecta carryover will be frozen until it is won or distributed under this rule. After the Twin Trifecta carryover is frozen, one hundred percent (100%) of the net Twin Trifecta pool for each individual contest shall be distributed to winners of the first-half of the Twin Trifecta pool.

8.15.o. A written request for permission to distribute the Twin Trifecta carryover on a specific performance may be submitted to the Racing Commission. The request shall contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

8.15.p. Twin Trifecta carryover – Option # 1.

8.15.p.1. If the Twin Trifecta carryover is designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Trifecta after completion of the first-half of the Twin Trifecta:

8.15.p.1.A. As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

8.15.p.2.B. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.15.p.2.C. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.15.p.2.D. As a single price pool to holders of valid exchange tickets, then

8.15.p.2.E. As a single price pool to holders of outstanding first-half winning tickets.

8.15.q. Twin Trifecta carryover – Option # 2.

8.15.q.1. If the Twin Trifecta carryover is designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Trifecta after completion of the first-half of the Twin Trifecta:

8.15.q.1.A. As a single price pool to those whose combination finished in correct sequence as the first three betting interests in the second-half Twin Trifecta, if the winning combination is not covered; but if there are no such wagers, then

8.15.q.1.B. As a single price pool to holders of valid exchange tickets from the first-half of the Twin Trifecta.

8.15.r. Contrary to subdivision 8.14.d. of this subsection, during a performance designated to distribute the Twin Trifecta carryover, exchange tickets shall be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Twin Trifecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Twin Trifecta, all first-half tickets shall become winners and shall receive one hundred percent (100%) of that performance’s net Twin Trifecta pool and any existing Twin Trifecta carryover.

8.15.s. The Twin Trifecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

8.15.s.1. Upon written approval from the Racing Commission as provided in subdivision 8.15.o. of this subsection;

8.15.s.2. Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Twin Trifecta is discontinued; or

8.15.s.3. On the closing performance of the meet or split meet.

8.15.t. If, for any reason, the Twin-Trifecta carryover must be carried over to the corresponding Twin Trifecta pool of a subsequent meet, the carryover shall be deposited in an interest-earning account approved by the Racing Commission. The Twin Trifecta carryover plus accrued interest shall then be added to the second-half Twin Trifecta pool of the following meet on a date and performance designated by the Racing Commission.

8.15.u. No one shall receive information pertaining to covered combinations, amounts wagered on combinations, the number of tickets sold, or the number of valid exchange tickets. This subdivision does not preclude access to any and all necessary information needed by totalisator employees, pari-mutuel department employees, or Racing Commission employees in order to discharge their proscribed duties.

8.15.v. The association shall obtain written approval from the Racing Commission concerning the scheduling of Twin Trifecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Trifecta format require prior approval from the Racing Commission.

8.16. Tri-Superfecta Pools.

8.16.a. The Tri-Superfecta requires selection of the first three finishers, in their exact order, in the first of two designated contests and the first four finishers, in exact order, in the second of the two designated contests. Each winning ticket for the first Tri-Superfecta contest must be exchanged for a ticket on the second Tri-Superfecta contest in order to remain eligible for the second-half Tri-Superfecta pool. The tickets shall be exchanged prior to the second Tri-Superfecta contest. Winning first-half Tri-Superfecta tickets shall receive both an exchange and a monetary payout. Both of the designated Tri-superfecta contests shall be included in only one Tri-Superfecta pool.

8.16.b. After wagering closes for the first-half of the Tri-Superfecta and commissions have been deducted from the pool, the net pool shall then be divided into two separate pools: the first-half Tri-Superfecta pool and the second-half Tri-Superfecta pool.

8.16.c. In the first Tri-Superfecta contest only, winning tickets shall be determined using the following precedence, based upon the official order of finish for the first Tri-Superfecta contest:

18.16.c.1. As a single price pool to those whose combination finished in correct sequence as the first three betting interests; but if there are no such wagers, then

8.16.c.2. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.16.c.3. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

18.16.c.4. The entire Tri-Superfecta pool shall be refunded on Tri-Superfecta wagers for that contest and the second-half shall be canceled.

8.16.d. If no first-half Tri-Superfecta ticket selects the first three finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second-half Tri-Superfecta pool. In that case, the second-half Tri-superfecta pool shall be retained and added to any existing Tri-Superfecta carryover pool.

8.16.e. Winning tickets from the first-half of the Tri-Superfecta shall be exchanged for tickets selecting the first four finishers of the second-half of the Tri-Superfecta. The second-half Tri-Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Tri-Superfecta contest:

8.16.e.1. As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first four betting interests; but if there are no such tickets, then

8.16.e.2. The entire second-half Tri-Superfecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second-half Tri-Superfecta pool of the next performance.

8.16.f. If a winning first-half Tri-Superfecta ticket is not presented for cashing and exchange prior to the second-half Tri-Superfecta contest, the ticket holder may still collect the monetary value associated with the first-half Tri-Superfecta pool, but forfeits all rights to any distribution of the second-half Tri-Superfecta pool.

8.16.g. Coupled entries and mutuel fields are prohibited in Tri-Superfecta contests.

8.16.h. If a betting interest in the first-half of the Tri-Superfecta is scratched, those Tri-Superfecta tickets including the scratched betting interest shall be refunded.

8.16.i. If a betting interest in the second-half of the Tri-Superfecta is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Tri-Superfecta contest, the ticket holder forfeits all rights to the second-half Tri-Superfecta pool.

8.16.j. If, due to a late scratch, the number of betting interests in the second-half of the Tri-Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets are entitled to the second-half Tri-Superfecta pool for that contest as a single price pool, but not the Tri-Superfecta carryover.

8.16.k. If there is a dead heat or multiple dead heats in either the first- or second-half of the Tri-Superfecta, all Tri-Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, are winners. In the case of a dead heat occurring in:

8.16.k.1. The first-half of the Tri-Superfecta, the payout shall be calculated as a profit split, then

8.16.k.2. The second-half of the Tri-Superfecta, the payout shall be calculated as a single price pool.

8.16.l. If either of the Tri-Superfecta contests are canceled prior to the first Tri-Superfecta contest, or the first Tri-Superfecta contest is declared "no contest", the entire Tri-Superfecta pool shall be refunded on Tri-Superfecta wagers for that contest and the second-half shall be canceled.

8.16.m. If the second-half Tri-Superfecta contest is canceled or declared "no contest", all exchange tickets and outstanding first-half winning Tri-Superfecta tickets are entitled to the net Tri-Superfecta pool for that contest as a single price pool, but not the Tri-Superfecta carryover. If there are no such tickets, the net Tri-Superfecta pool shall be distributed as described in subdivision 8.16.c. of this subsection.

8.16.n. The Tri-Superfecta carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Tri-Superfecta carryover equals or exceeds the designated cap, the Tri-Superfecta carryover will be frozen until it is won or distributed under this rule. After the second-half Tri-Superfecta carryover is frozen, one hundred percent (100%) of the net Tri-Superfecta pool for each individual contest shall be distributed to winners of the first-half of the Tri-Superfecta pool.

8.16.o. A written request for permission to distribute the Tri-Superfecta carryover on a specific performance may be submitted to the Racing Commission. The request shall contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

8.16.p. Tri-Superfecta carryover – Option # 1.

8.16.p.1. If the Tri-Superfecta carryover is designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Tri-Superfecta after completion of the first-half of the Tri-Superfecta: 8.16.p.1.A As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

8.16.p.1.B. As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

8.16.p.1.C. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.16.p.1.D. As a single price pool to those whose combination included, in correct sequence, the first-place betting interest only; but if there are no such wagers, then

8.16.p.1.E. As a single price pool to holders of valid exchange tickets, then

8.16.p.1.F. As a single price pool to holders of outstanding first-half winning tickets.

8.16.q. Tri-Superfecta – Option # 2.

8.16.q.1. If the Tri-Superfecta carryover is designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Tri-Superfecta after completion of the first-half of the Tri-Superfecta:

8.16.q.1.A. As a single price pool to those whose combination finished in correct sequence as the first four betting interests in the second-half Tri-Superfecta, if the winning combination is not covered; but if there are no such wagers, then

8.16.q.1.B. As a single price pool to all holders of valid exchange tickets from the first-half of the Twin Trifecta.

8.16.r. Contrary to subdivision 8.16.f. of this subsection, during a performance designated to distribute the Tri-Superfecta carryover, exchange tickets shall be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Tri-Superfecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Tri-Superfecta, all first-half tickets become winners and shall receive one hundred percent (100%) of that performance’s net Tri-Superfecta pool and any existing Tri-Superfecta carryover as a single price pool.

8.16.s. The Tri-Superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

8.16.s.1. Upon written approval from the Racing Commission as provided in subdivision 8.16.o. of this subsection;

8.16.s.2. Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Tri-Superfecta is discontinued; or

8.16.s.3. On the closing performance of the meet or split meet.

8.16.t. If, for any reason, the Tri-Superfecta carryover must be carried over to the corresponding Tri-Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Tri-Superfecta carryover plus accrued interest shall then be added to the second-half Tri-superfecta pool of the following meet on a date and performance designated by the Racing Commission.

8.16.u. No one shall receive information pertaining to covered combinations, amounts wagered on combinations, the number of tickets sold, or the number of valid exchange tickets. This subdivision does not preclude access to any and all necessary information needed by totalisator employees, pari-mutuel department employees, or Racing Commission employees in order to discharge their proscribed duties.

8.16.v. The association shall obtain written approval from the Racing Commission concerning the scheduling of Tri-Superfecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Tri-Superfecta format require prior approval from the Racing Commission.

8.17. Twin Superfecta Pools.

8.17.a. The Twin Superfecta requires selection of the first four finishers, in their exact order, in each of two designated contests. Each winning ticket for the first Twin Superfecta contest must be exchanged for a ticket on the second Twin Superfecta contest in order to remain eligible for the second-half Twin Superfecta pool. The tickets shall be exchanged prior to the second Twin Superfecta contest. Winning first-half Twin Superfecta tickets shall receive both an exchange and a monetary payout. Both of the designated Twin Superfecta contests shall be included in only one Twin Superfecta pool.

8.17.b. After wagering closes for the first-half of the Twin Superfecta and commissions have been deducted from the pool, the net pool shall then be divided into two separate pools: the first-half Twin Superfecta pool and the second-half Twin Superfecta pool.

8.17.c. In the first Twin Superfecta contest only, winning wagers shall be determined using the following precedence, based upon the official order of finish for the first Twin Superfecta contest:

8.17.c.1. As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

8.17.c.2. As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

8.17.c.3. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.17.c.4. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.17.c.5. The entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the second-half shall be canceled.

8.17.d. If no first-half Twin Superfecta ticket selects the first four finishers of that contest in exact order, winning ticket holders shall not receive any exchange tickets for the second-half Twin Superfecta pool. In that case, the second-half Twin Superfecta pool shall be retained and added to any existing Twin Superfecta carryover pool.

8.17.e. Winning tickets from the first-half of the Twin Superfecta shall be exchanged for tickets selecting the first four finishers of the second-half of the Twin Superfecta. The second-half Twin Superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Superfecta contest:

8.17.e.1. As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first four betting interests; but if there are no such tickets, then

8.17.e.2. The entire second-half Twin Trifecta pool for that contest shall be added to any existing carryover monies and retained for the corresponding second-half Twin Superfecta pool of the next performance.

8.17.f. If a winning first-half Twin Superfecta ticket is not presented for cashing and exchange prior to the second-half Twin Superfecta contest, the ticket holder may still collect the monetary value associated with the first-half Twin Superfecta pool but forfeits all rights to any distribution of the second-half Twin Trifecta pool.

8.17.g. Coupled entries and mutuel fields are prohibited in Twin Superfecta contests.

8.17.h. If a betting interest in the first-half of the Twin Superfecta is scratched, those Twin Superfecta tickets including the scratched betting interest shall be refunded.

8.17.i. If a betting interest in the second-half of the Twin Superfecta is scratched, an announcement concerning the scratch shall be made and a reasonable amount of time shall be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Superfecta contest, the ticket holder forfeits all rights to the second-half Twin Superfecta pool.

8.17.j. If, due to a late scratch, the number of betting interests in the second-half of the Twin Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets are entitled to the second-half Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover.

8.17.k. If there is a dead heat or multiple dead heats in either the first- or second-half of the Twin Superfecta, all Twin Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, are winners. In the case of a dead heat occurring in:

8.17.k.1. The first-half of the Twin Superfecta, the payout shall be calculated as a profit split; and

8.17.k.2. The second-half of the Twin Superfecta, the payout shall be calculated as a single price pool.

8.17.l. If either of the Twin Superfecta contests are canceled prior to the first Twin Superfecta contest, or the first Twin Superfecta contest is declared "no contest", the entire Twin Superfecta pool shall be refunded on Twin Superfecta wagers for that contest and the second-half shall be canceled.

8.17.m. If the second-half Twin Superfecta contest is canceled or declared "no contest", all exchange tickets and outstanding first-half winning Twin Superfecta tickets are entitled to the net Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover. If there are no such tickets, the net Twin Superfecta pool shall be distributed as described in subdivision 8.17.b. of this subsection.

8.17.n. The Twin-Superfecta carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Twin-Superfecta carryover equals or exceeds the designated cap, the Twin-Superfecta carryover shall be frozen until it is won or distributed under other provisions of this rule. After the second-half Twin Superfecta carryover is frozen, one hundred percent (100%) of the net Twin Superfecta pool for each individual contest shall be distributed to winners of the first-half of the Twin Superfecta pool.

8.17.o. A written request for permission to distribute the Twin Superfecta carryover on a specific performance may be submitted to the Racing Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

8.17.p. If the Twin Superfecta carryover is designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Superfecta after completion of the first-half of the Twin Superfecta:

8.17.p.1. As a single price pool to those whose combination finished in correct sequence as the first four betting interests; but if there are no such wagers, then

8.17.p.2. As a single price pool to those whose combination included, in correct sequence, the first three betting interests; but if there are no such wagers, then

8.17.p.3. As a single price pool to those whose combination included, in correct sequence, the first two betting interests; but if there are no such wagers, then

8.17.p.4. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.17.p.5. As a single price pool to holders of valid exchange tickets.

8.17.p.6. As a single price pool to holders of outstanding first-half winning tickets.

8.17.q. Contrary to subdivision 8.17.d. of this subsection, during a performance designated to distribute the Twin Superfecta carryover, exchange tickets shall be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Twin Superfecta. If there are no wagers correctly selecting the first-, second-, third- and fourth-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-, second- and third-place betting interests. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets shall be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Twin Superfecta, all first-half tickets shall become winners and shall receive one hundred percent (100%) of that performance’s net Twin Superfecta pool and any existing Twin Superfecta carryover as a single price pool.

8.17.r. The Twin Superfecta carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

8.17.r.1. Upon written approval from the Racing Commission as provided in subdivision 8.17.o. of this subsection;

8.17.r.2. Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Twin Superfecta is discontinued; or

8.17.r.3. On the closing performance of the meet or split meet.

8.17.s. If, for any reason, the Twin Superfecta carryover must be held over to the corresponding Twin Superfecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Twin Superfecta carryover plus accrued interest shall then be added to the second-half Twin Superfecta pool of the following meet on a date and performance designated by the Racing Commission.

8.17.t. No one shall receive information pertaining to covered combinations, amounts wagered on combinations, the number of tickets sold, or the number of valid exchange tickets. This subdivision does not preclude access to any and all necessary information needed by totalisator employees, pari-mutuel department employees, or Racing Commission employees in order to discharge their proscribed duties.

8.17.u. The association shall obtain written approval from the Racing Commission concerning the scheduling of Twin Superfecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the Twin Superfecta format require prior approval from the Racing Commission.

8.18. Exacta (n).

8.18.a. The Exacta (n) requires selection of the first two finishers, in their exact order, in each of a designated number of contests. The association must obtain written approval from the Racing Commission concerning the scheduling of Exacta (n) contests, the designation of one of the methods prescribed in subdivision 18.18.b. of this subsection, and the amount of any cap to be set on the carryover. Any changes to the approved Exacta (n) format require prior approval from the Racing Commission.

8.18.b. The Exacta (n) pool shall be apportioned under one of the following methods:

8.18.b.1. Method 1, Exacta (n) With No Minor Pool and No Carryover: The net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. If there are no wagers selecting the first and second place finishers, in exact order, in each of the Exacta (n) contests, the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in the greatest number of Exacta (n) contests. If there are no winning wagers, the entire pool shall be refunded on Exacta (n) wagers for those contests.

8.18.b.2. Method 2, Exacta (n) With No Minor Pool and Carryover Instead of a Refund: The net Exacta (n) pool and the carryover, if any, shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. If there are no wagers selecting the first and second place finishers, in exact order, in each of the Exacta (n) contests, the net Exacta (n) pool and the carryover shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in the greatest number of Exacta (n) contests. If there are no winning wagers, the net Exacta (n) pool shall be added to the carryover.

8.18.b.3. Method 3, Exacta (n) With No Minor Pool and Carryover: The net Exacta (n) pool and the carryover, if any, shall be distributed as a single price pool to those who selected the first and second place finishers, in the exact order, in each of the Exacta (n) contests, based upon the official order of finish. If there are no winning wagers, the net Exacta (n) pool shall be added to the carryover.

8.18.b.4. Method 4, Exacta (n) With Minor Pool and No Carryover: The major share of the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in the second greatest number of Exacta (n) contests, based upon the official order of finish If there are no wagers selecting the first and second place finishers, in exact order, in each of the Exacta (n) contests, the major share of the net Exacta (n) pool shall be combined with the minor share for distribution as a single price pool to those who selected the first and second place finishers, in exact order, in the greatest number of Exacta (n) contests. If there are no wagers selecting the first and second place finishers, in exact order, in a second greatest number of Exacta (n) contests, the minor share of the net Exacta (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests. If there are no winning wagers, the pool shall be refunded on Exacta (n) wagers for those contests.

8.18.b.5. Method 5, Exacta (n) With Minor Pool and Carryover: The major share of the net Exacta (n) pool and the carryover, if any, shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in the second greatest number of Exacta (n) contests, based on the official order of finish. If that are no wagers selecting the first and second place finishers, in exact order, in each of the Exacta (n) contests, the minor share of the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in the greatest number of Exacta (n) contests, and the major share shall be added to the carryover. If there are no wagers selecting the first and second place finishers, in exact order, in a second greatest number of Exacta (n) contests, the minor share of the net Exacta (n) pool shall be combined with the major share for distribution as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, or if there are no such winning wagers, added to the carryover.

8.18.b.6. Method 6, Exacta (n) With Minor Pool Based Upon Any One Exacta, and No Carryover: The major share of the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those (including recipients of the major share of the net Exacta (n) pool) who selected the first and second place finishers, in exact order, in at least one of the Exacta (n) contests, based upon the official order of finish. If there are no wagers selecting the first and second place finishers, in exact order, in each of the Exacta (n) contests, the major share of the net Exacta (n) pool shall be combined with the minor share for distribution as a single price pool to those who selected the first and second place finishers, in exact order, in at least one of the Exacta (n) contests. If there are no winning wagers, the pool is refunded.

8.18.b.7. Method 7, Exacta (n) With Minor Pool Based Upon Any One Exacta, and Carryover: The major share of the net Exacta (n) pool and the carryover, if any, shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those (including recipients of the major share of the net Exacta (n) pool) who selected the first and second place finishers, in exact order, in at least one of the Exacta (n) contests, based upon the official order of finish. If there are no wagers selecting the first and second place finishers, in exact order, in each of the Exacta (n) contests, the major share shall be added to the carryover. If there are no wagers selecting the first and second place finishers, in exact order, in any of the Exacta (n) contests, the minor share of the net Exacta (n) pool shall also be added to the carryover.

8.18.b.8. Method 8, Exacta (n) With Minor Pool Based Upon Individual Exactas, and No Carryover:

8.18.b.8.A. The major share of the net Exacta (n) pool shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool based upon the sum of the dollar value of wagers for each of the Exacta (n) contests considered separately, in which the first and second place finishers, in exact order, were correctly selected, based on the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those (including recipients of the major share of the net Exacta (n) pool) who selected the first and second place finishers, in exact order, in one or more of the Exacta (n) contests. Each recipient of a minor share shall receive an amount equal to the single price times the number of Exacta (n) contests in which the recipient correctly selected the winning combination.

8.18.b.8.B. If there are no wagers selecting the first and second place finishers, in exact order, in all Exacta (n) contests, the major share shall be combined with the minor share and the entire net Exacta (n) pool shall be distributed in accordance with the rules in the preceding subparagraph for distributing the minor share of the net Exacta (n) pool. If there are no winning wagers, the pool shall be refunded.

8.18.b.9. Method 9, Exacta (n) With Minor Pool Based Upon Individual Exactas, and Carryover:

8.18.b.9.A. The major share of the net Exacta (n) pool and the carryover, if any, shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool based upon the sum of the dollar value of wagers, for each of the Exacta (n) contests considered separately, in which the first and second place finishers, in exact order, were correctly selected, based on the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those (including recipients of the major share of the net Exacta (n) pool) who selected the first and second place finishers, in exact order, in one or more of the Exacta (n) contests. Each recipient of a minor share shall receive an amount equal to the single price times the number of Exacta (n) contests in which the recipient correctly selected the winning combination.

8.18.b.9.B. If there are no wagers selecting the first and second place finishers, in exact order, in all Exacta (n) contests, the minor share shall be distributed in accordance with the rules in the preceding subparagraph for distributing the minor share of the net Exacta (n) pool, and the major share shall be added to the carryover; except that if there are no winning wagers in either the major or the minor pool, top performance's pool shall be refunded and the carryover shall be carried over.

8.18.b.10. Method 10, Exacta (n) With Minor Pool Based Upon Individual Exactas, and Carryover; One Hundred Percent (100%) Carryover if no Winning Wagers:

8.18.b.10.A. The major share of the net Exacta (n) pool and the carryover, if any, shall be distributed as a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool based upon the sum of the dollar value of wagers, for each of the Exacta (n) contests considered separately, in which the first and second place finishers, in exact order, were correctly selected, based upon the official order of finish. The minor share of the net Exacta (n) pool shall be distributed as a single price pool to those (including recipients of the major share of the net Exacta (n) pool) who selected the first and second place finishers, in exact order, in one or more of the Exacta (n) contests. Each recipient of a minor share shall receive an amount equal to the single price times the number of Exacta (n) contests in which the recipient correctly selected the winning combination.

8.18.b.10.B. If there are no wagers selecting the first and second place finishers, in exact order, in all Exacta (n) contests, the minor share shall be distributed in accordance with the rules in the preceding subparagraph for distributing the minor share of the net Exacta (n) pool, and the major share shall be added to the carryover. If there are no winning wagers, the minor share shall also be added to the carryover.

8.18.c. Dead Heats. In the event of a dead heat in any of the Exacta (n) contests, the net Exacta (n) shall be distributed to winning wagers in the following precedence, based upon the official order of finish, for each exacta contest within the Exacta (n) wager:

8.18.c.1. If there is a dead heat for first in any of the Exacta (n) contests involving contestants representing the same betting interest, the Exacta (n) pool shall be distributed as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest.

8.18.c.2. If there is a dead heat for first in any of the Exacta (n) contests involving contestants representing two or more betting interests, the Exacta (n) pool shall be distributed as a single price pool with a winning wager including each betting interest involved in the dead heat.

8.18.c.3. If there is a dead heat for second in any of the Exacta (n) contests involving contestants representing the same betting interest, the Exacta (n) pool shall be distributed as if no dead heat occurred.

8.18.c.4. If there is a dead heat for second in any of the Exacta (n) contests involving contestants representing two or more betting interests, the Exacta (n) pool shall be distributed as a single price pool with a winning wager including the betting interest which finished first together with any betting interest involved in the dead heat for second.

8.18.d. Scratches.

8.18.d.1. Should a betting interest in any contest of the Exacta (n) be scratched or excused from the contest prior to the first Exacta (n) contest being declared official, all money wagered on combinations including the scratched betting interest shall be deducted from the Exacta (n) pool and refunded.

8.18.d.2. Should a betting interest in any contest of the Exacta (n) be scratched or excused from the contest after the first Exacta (n) contest has been declared official, all money wagered on combinations including this betting interest shall remain in the Exacta (n) pool and the ticket holder may still collect the monetary value of any distribution evidenced by the ticket containing the scratched betting interest.

8.18.d.3. If, due to a late scratch, the number of betting interests in a contest of the Exacta (n) is reduced to fewer than two, for purposes of the Exacta (n) such contest shall be declared "no contest" and the Exacta (n) pool shall be subject to the rules set forth in subdivision 8.18.e. of this subsection.

8.18.e. Cancelled Contests.

8.18.e.1. If any of the Exacta (n) contests are cancelled or declared "no contest" prior to the first Exacta (n) contest being declared official, the entire Exacta (n) pool shall be refunded on Exacta (n) wagers for those contests.

8.18.e.2. If all remaining Exacta (n) contests are cancelled or declared "no contest" after the first Exacta (n) contest is declared official, the net Exacta (n) pool shall be distributed as a single price pool to wagers selecting the winning combination in the first Exacta (n) contest, but not the Exacta (n) carryover. However, if there are no wagers selecting the winning combination in the first Exacta (n) contest, the entire Exacta (n) pool shall be refunded on Exacta (n) wagers for those contests.

8.18.e.3. If any of the remaining Exacta (n) contests are cancelled or declared "no contest" after the first Exacta (n) is declared official, the net Exacta (n) pool shall be distributed in accordance with this rule governing distribution of the minor share where there is no winner of the major share.

8.18.f. Mandatory Distribution.

8.18.f.1. A written request for permission to distribute the Exacta (n) carryover on a specific performance may be submitted to the Racing Commission. The request shall contain justification for the mandatory distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution. The association must notify the Racing Commission at least ten (10) days prior to implementation. If the Exacta (n) pool cannot be distributed during a designated performance, the mandatory distribution shall resume on the next scheduled mandatory distribution performance.

8.18.f.2. If the Exacta (n) carryover is designated for distribution on a specified date and performance, the following precedence shall be followed in determining winning tickets for the net Exacta (n) pool and the carryover pool:

8.18.f.2.A. As a single price pool to those who selected the first and second place finishers, in exact order, in each of the Exacta (n) contests, based upon the official order of finish. If there are no wagers selecting the first and second place finishers, in exact order, in all Exacta (n) contests, then

8.18.f.2.B. As a single price pool to those who selected the first and second place finishers, in exact order, in at least one of the Exacta (n) contests, based upon the official order of finish.

8.18.f.2.C. If there are no wagers which correctly selected the first and second place finishers, in exact order, in at least one of the Exacta (n) contests, based upon the official order of finish, then all Exacta (n) tickets shall become winners and receive one hundred percent (100%) of that performance’s net Exacta (n) pool and the Exacta (n) carryover pool as a single price pool.

8.18.g. If, for any reason, the Exacta (n) carryover must be held over to the corresponding Exacta (n) pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Exacta (n) carryover plus accrued interest shall then be added to the net Exacta (n) pool of the following meet on a date and performance so designated by the Racing Commission.

8.19. Pick (n) Position (x) Pools.

8.19.a. The Pick (n) Position (x) Pool requires selection of the first (x) finishers, in their exact positions, in each of a designated number of (n) contests. For example, in a Four Position Pool (x = 4), the bettor chooses four (4) finishers in each contest. If the bettor has chosen "1, 2, 3 and 4", and the actual finishers are “4, 2, 3 and 1”, the bettor has correctly chosen two (2) positions [the second and third place finishers.]

8.19.b. The association must obtain written approval from the Racing Commission concerning the scheduling of Pick (n) Position (x) contests, the designation of one of the methods prescribed in subdivisions 8.19.d. and 8.19.e of this subsection, the percentages of the net pool apportioned between the major share of the Position (x) pool and the minor share(s) of the Position (x) pool, and the amount of any cap to be set on the carryover. Any changes to the approved Pick (n) Position (x) format require prior approval from the Racing Commission.

8.19.c. Unless otherwise stated, the major share of the net Pick (n) Position (x) Pool [hereafter, “Position (x) Pool”] shall be distributed as a single price pool to those who selected all (x) finishers, in exact position, in a minimum specified number of positions in the (n) contests (considered as a whole) that comprise the Position (x) Pool, based upon the official order of finish. The minimum specified number of positions may be all (x) positions in all (n) contests (for instance, four (4) positions in each of six (6) contests, for a total of twenty-four (24) positions) or a lesser specified number (for instance, twenty-two (22) or more accurate positions within the six (6) contests taken as a whole.)

8.19.d. The Pick (n) Position (x) pool shall be apportioned under one of the following methods:

8.19.d.1. Method 1, Position (x) With No Minor Pool and No Carryover:

8.19.d.1.A. The net Position (x) pool shall be distributed in accordance with the method for distributing the major share as described in subdivision 8.19.c. of this subsection.

8.19.d.1.B. If there are no wagers qualifying for the major share, the net Position (x) pool shall be distributed as a single price pool to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests.

8.19.d.1.C. If there are no winning wagers, the entire pool shall be refunded on Position (x) wagers for those contests.

8.19.d.2. Method 2, Position (x) With No Minor Pool and Carryover Instead of a Refund:

8.19.d.2.A. The net Position (x) pool shall be distributed in accordance with the method for distributing the major share as described in subdivision 8.19.c. of this subsection.

8.19.d.2.B. If there are no wagers qualifying for the major share, the net Position (x) pool and the carryover shall be distributed as a single price pool to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests.

8.19.d.2.C. If there are no winning wagers, the net Position (x) pool shall be added to the carryover.

8.19.d.3. Method 3, Position (x) With No Minor Pool and Carryover:

8.19.d.3.A. The net Position (x) pool shall be distributed in accordance with the method for distributing the major share as described in subdivision 8.19.c. of this subsection.

8.19.d.3.B. If there are no wagers qualifying for the major share, the net Position (x) pool shall be added to the carryover.

8.19.d.4. Method 4, Position (x) With Minor Pool and No Carryover:

8.19.d.4.A. The major share of the net Position (x) pool shall be distributed in accordance with the method for distributing the major share as described in subdivision 8.19.c. of this subsection.

8.19.d.4.B. The minor share of the net Position (x) pool shall be distributed as a single price pool to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests (but less than the number of positions qualifying for the major share), based upon the official order of finish.

8.19.d.4.C. If there are no wagers qualifying for the major share, the major share of the net Position (x) pool shall be combined with the minor share for distribution as a single price pool to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests.

8.19.d.4.D. If there are no wagers correctly selecting any finishers, in exact position, in Position (x) contests, other than winners of the major share of the net Position (x) pool, the minor share of the net Position (x) pool shall be combined with the major share for distribution as a single price pool to those who qualified for the major share.

8.19.d.4.E. If there are no winning wagers, the pool shall be refunded on Position (x) wagers for those contests.

8.19.d.5. Method 5, Position (x) With Minor Pool and Carryover:

8.19.d.5.A. The major share of the net Position (x) pool shall be distributed in accordance with the method for distributing the major share as described in subdivision 8.19.c. of this subsection.

8.19.d.5.B. The minor share of the net Position (x) pool shall be distributed as a single price pool to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests (but less than the number of positions qualifying for the major share), based upon the official order of finish.

8.19.d.5.C. If there are no wagers qualifying for the major share, the minor share of the net Position (x) pool shall be distributed as a single price pool to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests, and the major share shall be added to the carryover.

8.19.d.5.D. If there are no wagers correctly selecting any finishers, in exact position, other than winners of the major share of the net Position (x) pool, the minor share of the net Position (x) pool shall be combined with the major share for distribution as a single price pool to those who qualified for the major share, or if there are no such winning wagers, added to the carryover.

8.19.d.6. Method 6, Position (x) With Minor Pool(s) and Carryover:

8.19.d.6.A. The major share of the net Position (x) pool shall be distributed in accordance with the method for distributing the major share as described in subdivision 8.19.c. of this subsection.

8.19.d.6.B. A principal minor share of the net Position (x) pool may be designated, and distributed as a single price pool, to those who correctly selected finishers, in exact position, in the greatest number of positions in Position (x) contests (but less than the number of positions qualifying for the major share), based upon the official order of finish.

8.19.d.6.C. Additional minor shares of the net Position (x) pool may be designated, and distributed as single price pools, to those who correctly selected the designated number, or range, of finishers, in exact position, in Position (x) contests (but less than the number of positions qualifying for the major share), based upon the official order of finish.

8.19.d.6.D. Those qualifying for the principal minor share may also qualify for one of the additional minor shares. When this occurs, the two unbroken prices shall be summed before surcharging or rounding the prices for breakage. For example:

8.19.d.6.D.1. Assume that there are five dollars ($5.00) of wagers correctly selecting twelve (12) positions, three dollars ($3.00) of wagers selecting thirteen (13) positions, and two dollars ($2.00) of wagers selecting fourteen (14) positions, and fourteen (14) is the greatest number of positions correctly selected.

8.19.d.6.D.2. Assume that the principal minor share of the net pool is twenty thousand dollars and sixteen cents ($20,000.16). Further, one of the other minor shares is designated for a range of twelve (12) to fifteen (15) positions, and this share of the net pool is ten thousand dollars and eighty cents ($10,000.80).

8.19.d.6.D.3. Then the principal minor share is divided among those selecting fourteen (14) positions, and the other minor share is divided among all the wagers selecting twelve (12), thirteen (13), and fourteen (14) positions, so the fourteen (14) - position winners receives the sum of two (2) winning prices.

8.19.d.6.D.4. The principal minor share of twenty thousand dollars and sixteen cents ($20,000.16) divided among the two dollars ($2.00) of fourteen (14) - position winners yields an unbroken price of ten thousand dollars and eight cents ($10,000.08) per dollar, and the other minor share of ten thousand dollars and eighty cents ($10,000.80) divided among the ten dollars ($10.00) of twelve (12), thirteen (13), and fourteen (14) - position winners yields an unbroken price of one thousand dollars and eight cents ($1,000.08) per dollar.

8.19.d.6.D.5. The sum ten thousand dollars and eight cents ($10,000.08) plus one thousand dollars and eight cents ($1,000.08) equals eleven thousand dollars and sixteen cents ($11,000.16) is the combined unbroken price for choosing fourteen (14) finishers.

8.19.d.6.D.6. If the rounding for breakage is to the next lower ten cents (10¢), the final broken prices are eleven thousand dollars and ten cents ($11,000.10) for fourteen (14) finishers, and one thousand dollars ($1,000.00) for twelve (12) or thirteen (13) finishers.

8.19.d.6.E. The Racing Commission shall approve the number of minor shares, and the designated number, or range, of finishers, in exact position, in Position (x) contests qualifying as the winning selection in any such minor share.

8.19.d.6.F. If there are no wagers qualifying for the major share, the major share shall be added to the carryover. If there are no wagers qualifying for a designated minor share, the minor share of the net Position (x) pool shall be combined with the major share for distribution as a single price pool to those who qualified for the major share, or if there are no such winning wagers, added to the carryover.

8.19.d.7. Method 7, Position (x) With Minor Pool(s) Based Upon Any One Contest, and No Carryover:

8.19.d.7.A. The major share of the net Position (x) pool shall be distributed as a single price pool to those who selected all (x) finishers, in exact position, in each (or a specified minimum number) of the Position (x) contests, based upon the official order of finish.

8.19.d.7.B. The minor shares of the net Position (x) pool shall be distributed as single price pools to those (including recipients of the major share of the net Position (n) pool) who selected all (x) finishers, in exact position, in at least one of the Position (x) contests, based upon the official order of finish, as follows:

8.19.d.7.C. There may be separate minor pools for those who selected all (x) finishers, in exact positions of finish, in the most Position (x) contests, those who selected all (x) finishers, in exact positions of finish, in the second most position (x) contests, and so forth down to those who selected all (x) finishers, in exact positions of finish, in one position (x) contest. Not all such minor shares need to be designated for the wager.

8.19.d.7.D. If there are no wagers qualifying for the major share, the major share of the net Position (x) pool shall be combined with the highest level minor share for distribution as a single price pool. If there are no wagers qualifying for a designated minor share of the net Position (x) pool, that minor share shall be combined with the next (lower) minor share for distribution as a single price pool.

8.19.d.7.E. If there are no winning wagers, the pool is refunded.

8.19.d.8. Method 8, Position (x) With Minor Pool(s) Based Upon Any One Contest, and Carryover:

8.19.d.8.A. The major share of the net Position (x) pool and the carryover, if any, shall be distributed as a single price pool to those who selected all (x) finishers, in exact position, in each (or a specified minimum number) of the Position (x) contests, based upon the official order of finish.

8.19.d.8.B. The minor shares of the net Position (x) pool shall be distributed as single price pools to those (including recipients of the major share of the net Position (x) pool) who selected all (x) finishers, in exact position, in at least one of the Position (x) contests, based upon the official order of finish, as follows:

8.19.d.8.C. There may be separate minor pools for those who selected all (x) finishers, in exact positions of finish, in the most position (x) contests, those who selected all (n) finishers, in exact positions of finish, in the second most position (x) contests, and so forth down to those who selected all (x) finishers, in exact positions of finish, in one position (x) contest. Not all such minor shares need to be designated for the wager.

8.19.d.8.D. If there are no wagers qualifying for the major share, the major share shall be added to the carryover.

8.19.d.8.E. If there are no wagers selecting all finishers, in exact position, in a number of the Position (x) contests that qualify for a designated minor share, that minor share of the net Position (n) pool shall also be added to the carryover.

8.19.d.9. Method 9, Position (x) With Minor Pool(s) Based Upon Any One Contest, and Carryover:

8.19.d.9.A. The major share of the net Position (x) pool and the carryover, if any, shall be distributed as a single price pool to those who selected all (x) finishers, in exact position, in each (or a specified minimum number) of the Position (x) contests, based upon the official order of finish.

8.19.d.9.B. The minor shares of the net Position (x) pool shall be distributed as single price pools to those (including recipients of the major share of the net Position (x) pool) who selected all (x) finishers, in exact position, in at least one of the Position (x) contests, based upon the official order of finish, as follows:

8.19.d.9.C. There may be separate minor pools for those who selected all (x) finishers, in exact positions of finish, in the most position (x) contests, those who selected all (x) finishers, in exact positions of finish, in the second most position (x) contests, and so forth down to those who selected all (x) finishers, in exact positions of finish, in one position (x) contest. Not all such minor shares need to be designated for the wager.

8.19.d.9.D. If there are no wagers qualifying for the major share, the major share shall be added to the carryover.

8.19.d.9.E. If there are no wagers selecting all finishers, in exact position, in a number of the position (x) contests that qualify for a designated minor share, that minor share of the position (x) pool shall be added to the next (lower) minor share of the position (x) pool. If there is no lower designated minor share of the position (x) pool, the minor share shall also be added to the carryover.

8.19.d.10. Method 10, Position (x) With Minor Pool Based Upon Any One Contest, and Carryover; One Hundred Percent (100%) Carryover if no Winning Wagers:

8.19.d.10.A. The major share of the net Position (x) pool and the carryover, if any, shall be distributed as a single price pool to those who selected all (x) finishers, in exact position, in each (or a specified minimum number) of the Position (x) contests, based upon the official order of finish.

8.19.d.10.B. The minor share of the net Position (x) pool shall be distributed as a single price pool based upon the sum of the dollar value of wagers, for each of the Position (x) contests considered separately, in which all (x) finishers, in exact position, were correctly selected, based upon the official order of finish. The minor share of the net Position (x) pool shall be distributed as a single price pool to those (including recipients of the major share of the net Position (x) pool) who selected all (x) finishers, in exact position, in one or more of the Position (x) contests. Each recipient of a minor share shall receive an amount equal to the single price times the number of Position (x) contests in which the recipient correctly selected the winning combination.

8.19.d.10.C. If there are no wagers qualifying for the major share, the major share shall be added to the carryover. If there are no winning wagers, the minor share shall also be added to the carryover.

8.19.e. Apportionment of Net Position (x) Pool Between Major and Minor Pool(s). The Racing Commission shall approve the method of apportioning the net Position (x) pool between winners of the Major share of the Position (x) pool and winners of the Minor share(s) of the Position (x) pool. Example (utilizing Method 8): A Four Position Pool (x = 4) consisting of five (5) contests (n = 5.) The major share goes to those who correctly choose all twenty (20) positions. Assume the Racing Commission has approved three minor shares: The highest minor share goes to those who have picked all positions, in exact order, in four (4) of the contests. The next minor share goes to those who have picked all positions, in exact order, in three (3) of the contests. The final minor share goes to those who have picked all positions, in exact order, in one (1) or two (2) of the contests. One apportionment of payouts could be forty percent (40%) of the net Position (x) pool for the major share, and twenty (20%) of the net Position (x) pool for each of the three (3) minor shares. Another apportionment of payouts could be fifty percent (50%) of the net Position (x) pool for the major share, twenty-five percent (25%) for the highest minor share, fifteen percent (15%) to the next minor share, and ten percent (10%) to the final minor share.

8.19.f. Dead Heats. In the event of a dead heat in any of the Position (x) contests, based upon the official order of finish:

8.19.f.1. For purposes of determining whether a wager correctly selected the finishers, in exact position, contestants in a dead heat are deemed to jointly occupy both (or all) positions in the dead heat. For example, if five (5) and six (6) finish in a dead heat for first, then a selection of five (5) for either first or second is correct, and a selection of six (6) for either first or second is also correct.

8.19.f.2. Each share of the net Position (x) pool shall be distributed as a single price pool regardless of dead heats.

8.19.g. Scratches.

8.19.g.1. If, due to a late scratch, the number of betting interests in a contest of the Position (x) pool is reduced to fewer than (x), for purposes of the Position (x) pool only, such contest shall be declared “no contest” and the Position (x) pool shall be subject to the rules set forth in subdivision 8.19.h. of this subsection.

8.19.g.2. Should a betting interest in any contest of the Position (x) pool be scratched or excused from the contest, no more wagers shall be accepted selecting that scratched contestant.

8.19.g.3. Existing wagers that select a scratched betting interest shall be handled under one of the following methods. The Racing Commission shall make its determination of which of these alternatives shall apply at the time of approving the wagering pool, which alternative shall remain in effect until and unless changed by the Racing Commission.

8.19.g.3.A. Method 1, Substitute a higher contestant number:

8.19.g.3.A.1. The next higher live contestant number that is not already part of the wager shall be substituted for the scratched contestant number. If no higher contestant number is eligible, the search shall then proceed upward from contestant number one (1).

8.19.g.3.A.2. If a wager selects more than one scratched contestant for a contest, the substitutions shall begin with the lowest scratched contestant number in the wager and proceed in order to the highest.

8.19.g.3.A.3. Substitution shall be performed on the basis of single wagers, regardless of whether a wager was placed as part of any type of multiple wager format such as “box” or “wheel”.

8.19.g.3.A.4. The totalisator shall produce reports showing each of the wagering combinations with substituted contestants which became winners as a result of the substitution, in addition to the normal winning combination.

8.19.g.3.B. Method 2, Substitute favorite contestant number:

8.19.g.3.B.1. The actual favorite, as evidenced by total amounts wagered in the Win pool at the close of wagering on that contest, shall be substituted for the scratched contestant for all purposes, including pool calculations.

8.19.g.3.B.2. If the Win pool total for two or more favorites is identical, the substitute selection shall be the contestant with the lowest contestant number not already selected in the wager as part of the contest.

8.19.g.3.B.3. If such favorite has already been selected in the wager as part of the contest, the next favorite(s) shall be used, as evidenced by the total amounts wagered in the Win pool, ordered from the highest amount to the lowest.

8.19.g.3.B.4. If a wager selects more than one scratched contestant for a contest, the substitutions shall begin with the lowest scratched contestant number in the wager and proceed in order to the highest.

8.19.g.3.B.5. Substitution shall be performed on the basis of single wagers, regardless of whether a wager was placed as part of any type of multiple wager format such as “box” or “wheel”.

8.19.g.3.B.6. The totalisator shall produce reports showing each of the wagering combinations with substituted contestants which became winners as a result of the substitution, in addition to the normal winning combination.

8.19.g.3.C. Method 3, Scratched contestant wins:

8.19.g.3.C.1. The scratched contestant is deemed to be a correct selection of a winning finisher, for purposes of the Position (x) pool only.

8.19.g.3.C.2. The totalisator shall produce reports showing each of the wagering combinations which became winners as a result of the scratched contestants, in addition to the normal winning combination.

8.19.g.3.D. Method 4, Scratched contestant loses:

8.19.g.3.D.1. The scratched contestant is deemed to be a loser, for purposes of the Position (x) pool only.

8.19.g.3.D.2. Other correctly selected finishers in a wager shall continue to count toward winning, as usual.

8.19.h. Cancelled Contests.

8.19.h.1. If any of the Position (x) contests are cancelled or declared ”no contest” prior to the first Position (x) contest being declared official, the entire Position (x) pool shall be refunded on Position (x) wagers for those contests.

8.19.h.2. If all remaining Position (x) contests are cancelled or declared ”no contest” after the first Position (x) contest is declared official, the entire net Position (x) pool, but not the Position (x) carryover, shall be distributed as a single price pool to wagers selecting the winning combination in the first Position (x) contest. However, if there are no wagers selecting the winning combination in the first Position (x) contest, the entire Position (x) pool shall be refunded on Position (x) wagers for those contests.

8.19.h.3. If any of the remaining Position (x) contests are cancelled or declared ”no contest” after the first Position (x) is declared official, the net Position (x) pool shall be distributed in accordance with this rule governing distribution of the minor share(s) where there is no winner of the major share. If there is more than one minor share, the entire net Position (x) pool, but not the Position (x) carryover, shall be divided amongst the minor share(s), in accordance with subdivision 8.19.d. of this subsection, in proportion to the designated percentages, or by some other method approved by the Racing Commission.

8.19.h.4. If any of the remaining Position (x) contests are cancelled or declared “no contest” after the first Position (x) is declared official, and the net Position (x) pool has been designated for distribution in accordance with subdivision 8.19.j. of this subsection, the provisions of this rule governing mandatory distribution shall apply.

8.19.i. Carryover Cap. The Position (x) carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Position (x) carryover equals or exceeds the designated cap, the Position (x) carryover will be frozen until it is won or distributed under other provisions of these Position (x) rules. After the Position (x) carryover is frozen, the part of the net pool that ordinarily would be added to the Position (x) carryover shall be distributed to those whose selection finished in the highest level of the minor share(s) of the Position (x) for that performance.

8.19.j. Mandatory Distribution.

8.19.j.1. A written request for permission to distribute the Position (x) carryover on a specific performance may be submitted to the Racing Commission. The request shall contain justification for the mandatory distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution. The association must notify the Racing Commission at least ten (10) days prior to implementation. If the Position (x) pool cannot be distributed during a designated performance, the mandatory distribution shall resume on the next approved mandatory distribution performance.

8.19.j.2. If the Position (x) carryover is designated for distribution on a specified date and performance, and if there are no wagers qualifying for the major share, then the following precedence shall be followed in determining winning wagers for the net Position (x) pool and the carryover pool:

8.19.j.2.A. If the method chosen pursuant to subdivision 8.19.d. of this subsection is method 7, 8, 9, or 10, then:

8.19.j.2.B. The major share and the Position (x) carryover shall be distributed as a single price pool to those who selected all (x) finishers, in exact position, in the most individual Position (n) contests, based upon the official order of finish. Designated minor shares may still be awarded;

8.19.j.2.C. If the method chosen pursuant to subdivision 8.19.d. of this subsection is 1, 2, 3, 4, 5, or 6, then:

8.19.j.2.D. The major share and the Position (x) carryover shall be distributed as a single price pool to those who correctly selected the most finishers, in their exact positions, in the Position (n) contests, based upon the official order of finish. Designated minor shares may still be awarded.

8.19.j.2.E. If there are no wagers which qualified for distribution of the major share, then all Position (x) tickets shall become winners and share one hundred percent (100%) of that performance’s net Position (x) pool and the Position (x) carryover pool as a single price pool.

8.19.j.3. The Position (x) carryover shall be designated for distribution on a specified date and performance only under the following circumstances:

8.19.j.3.A. Upon written approval from the Racing Commission as provided in paragraph 8.19.j.1. of this subdivision.

8.19.j.3.B. Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Position (x) wager is discontinued.

8.19.j.3.C. On the closing performance of the meet.

8.19.j.4. If, for any reason, the Position (x) carryover must be held over to the corresponding Position (x) pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Racing Commission. The Position (x) carryover plus accrued interest shall then be added to the net Position (x) pool of the following meet on a date and performance so designated by the Racing Commission.

8.19.k. Coupled entries and mutuel fields.

8.19.k.1. Coupled entries and mutuel fields may be permitted in Position (x) contests with the written approval of the Racing Commission.

8.19.k.2. Contestants coupled in wagering as a coupled entry or mutuel field shall be considered part of a single betting interest for the purpose of price calculations and distribution of Position (x) pools. Should any contestant in a coupled entry or mutuel field be officially withdrawn or scratched, the remaining contestants in that coupled entry or mutuel field shall remain valid betting interests and no refunds will be granted. If all contestants within a coupled entry or mutuel field are scratched, then subdivision 8.19.g. of this subsection applies.

8.19.k.3. For the purpose of Position (x) price calculations only, coupled entries and mutuel fields shall be calculated as a single finishing contestant, using the finishing position of the leading contestant in that coupled entry or mutuel field to determine order of placing. This rule shall apply to all circumstances, including situations involving a dead heat. For example, if the actual order of finish in a contest is 1 / 2 / 1A / 3 / 4, then the finishers used for that contest of the Position (x) would be 1 / 2 / 3 / 4.

8.19.l. With the written approval of the Racing Commission, the association may contribute to the Position (x) carryover, or to the major or minor share(s) of the Position (x) pool, a sum of money up to the amount of any designated cap.

8.20. The Team Wager Pool.

8.20.a. The Team Wager Pool requires selection of a designated “team” in each of a designated number of contests. Winning bets shall be determined based upon the official order of finish in each contest and the standing of each team with respect to the official order of finish. For purposes of the Team Wager, finishers from the same team shall be bracketed together to determine a single betting interest, as set forth in subdivision 8.20.c. of this subsection.

8.20.b. Prior to the start of the contests that comprise the Team Wager, all participants in each of the contests shall be divided by the association between or among each of the Team Wager teams, and the roster of each team made public, as well as the number of points to be awarded to the team whose member is the first finisher in a designated contest, the second finisher, and so forth until no more points are awarded in that contest.

8.20.c. At the conclusion of all contests that comprise the Team Wager, the number of points for each team shall be compiled, and the team with the most points shall be declared the “winning team.”

8.20.d. The Team Wager pool shall be apportioned under either of the following methods:

8.20.d.1. Winning Margins Team Wager:

8.20.d.1.A. In the “Winning Margins Team Wager”, the total number of points awarded in the Team Wager shall be divided by the association into a series of brackets comprised of a series of point ranges (“winning margin”) by which one team (Team A) might defeat the other team (Team B); a series of point ranges by which Team B might defeat Team A; and a tie between the teams. Each bracket shall constitute a separate betting interest in the Winning Margins Team Wager.

8.20.d.1.B. The net Winning Margins Team Wager pool shall be distributed as a single price pool to those who selected the correct bracket. If there are no wagers selecting the correct bracket, the entire pool shall be refunded.

8.20.d.1.C. Example: Points are assigned to each of the first four finishers in each contest [four points for the first finisher down to one point for the fourth finisher, for a total of ten (10) points awarded in each contest], based upon the official order of finish, with a total of six (6) contests in the Team Wager, resulting in a total of sixty (60) points in all. The brackets could be designated as:

8.20.d.1.C.1. Team A’s winning margin is 1-10 points: 11-20 points 21-30 points 31-40 points 41-50 points 51-60 points

8.20.d.1.C.2. Team B’s winning margin is 1-10 points: 11-20 points 21-30 points 31-40 points 41-50 points 51-60 points

8.20.d.1.C.3. The two teams tie, and the margin is zero (0) Points.

8.20.d.1.C.4. In this example, there are thirteen (13) separate betting interests.

8.20.d.1.C.5. If, in this example, finishers representing Team A come in first and third in one contest, and finishers representing Team B come in second and fourth in that contest, Team A would have 4+2=6 points and Team B would have 3+1=4 points. The current winning margin (after this first contest) would be Team A by two (2) points.)

8.20.d.2. Team Double Wager:

8.20.d.2.A. In the “Team Double Wager”, the Racing Commission shall approve two different methods of determining the winning tickets qualifying for a share of the net pool.

8.20.d.2.B. The Racing Commission shall also approve the manner of apportioning the net Team Double Wager pool, and the conditions under which the pool shall be refunded or otherwise apportioned if there are no winning wagers.

8.20.d.2.C. Example: A “daily-double”-style pool consisting of having to correctly select the bracket of the winning margin, as above, as well as a bracket based upon and including the total points achieved by the winning team.

8.20.e. Brackets.

8.20.e.1. The brackets may be comprised of the margins by which the winning team defeats the team that finishes second; the total number of points achieved by the winning team; or other method of determining the brackets, as approved by the Racing Commission.

8.20.e.2. Such factors as the number of teams in the Team Wager; the method by which teams are designated; the number of points to be awarded in each contest; the number of contests comprising the Team Wager; and the method by which the “brackets” constituting each betting interest in the Team Wager are designated, shall all be subject to approval of the Racing Commission.

8.20.f. Coupled Entries; Fields. With approval of the Racing Commission, coupled entries may be permitted in contests comprising the Team Wager, but may only participate as part of the same Team. With approval of the Racing Commission, fields may be permitted in contests comprising the Team Wager, but may only participate as part of the same Team.

8.20.g. Dead Heat. If there is a dead heat including any finisher(s) for which points are awarded in the Team Wager, the total amount of points in the dead heat positions shall be combined and divided equally amongst the betting interests that have finished in the dead heat.

8.20.h. Scratches.

8.20.h.1. Should an entry in any contest of the Team Wager be scratched or excused from the contest, all money wagered on combinations including this entry shall remain in the Team Wager pool and the ticket holder may still collect the monetary value of any distribution evidenced by the ticket containing the scratched betting interest.

8.20.h.2. If, due to a scratch or excused entry, the number of entries assigned to a team in a contest of the Team Wager is reduced to fewer than the number of positions in the final order of finish for which the team is eligible to receive points, for purposes of the Team Wager pool such contest shall be declared “no contest” and wagers involving any betting interests that are no longer capable of being achieved shall be refunded.

8.21. Future Wager Pool.

8.21.a. The Future Wager requires selection of the first-place finisher in a specified contest.

8.21.b. The association shall apply in writing to the Racing Commission for approval to offer the Future Wager on a specified contest and shall not offer the wager until the Racing Commission approval has been granted. The written application shall include the date and time for the pool to be opened and closed, a description of the system for compiling the pool and calculating odds and payout prices, and the time interval for displaying the odds.

8.21.c. The association, or in the case of inter-jurisdiction common pool wagering the host track, shall name the contestants included in each betting interest on which future wagers may be made and shall assign a program number to each betting interest.

8.21.d. The amount wagered on the betting interest which finishes first in the specified race is deducted from the net pool, the balance remaining being the profit; the profit is divided by the amount wagered on the betting interest finishing first, such quotient being the profit per dollar wagered in the Future Pool on that betting interest.

8.21.e. The net Future Pool shall be distributed as a single price pool to winning wagers in the following precedence, based upon the official order of finish:

8.21.e.1. To those whose selection finished first; but if there are no such wagers, then

8.21.e.2. To those whose selection finished second; but if there are no such wagers, then

8.21.e.3. To those whose selection finished third; but if there are no such wagers, then

8.21.e.4. The entire pool shall be refunded on Future Pool wagers for that contest.

8.21.f. If there is a dead heat for first involving:

8.21.f.1. contestants representing the same betting interest, the Future Pool shall be distributed as if no dead heat occurred.

8.21.f.2. contestants representing two or more betting interests, the Future Pool shall be distributed as a profit split.

8.21.g. No refund shall be issued for Future Wager pool wagers on betting interests that do not start or finish the race. If the association becomes aware or is notified that a betting interest is ineligible or unable to start the race and the pool is still open, the association shall immediately close betting on that betting interest.

8.21.h. The entire Future Wager pool shall be refunded if:

8.21.h.1. the situation described at paragraph 8.21.e.4. of subdivision occurs; or

8.21.h.2. the specified race is declared no contest by the stewards or judges having jurisdiction over the specified race; or

8.21.h.3. the specified race does not occur; or

8.21.h.4. for whatever reason, the Future Wager pool can not be determined and the payout price can not be calculated.

8.22. Match Rival Pools.

8.22.a. The Match Rival requires the selection of the winning contestant in a designated contest or series of contests, in a competition between two (2) or more equally matched betting interests, or based on the sportsmanship and/or skill of the jockeys and/or trainers, regardless of the official placing of the other betting interests in that contest or series of contests.

8.22.b. The choice of which contestants from a contest shall participate in the Match Rival shall be made as follows:

8.22.b.1. The association must obtain written approval from the Racing Commission concerning who shall determine the contestants for each Match Rival contest.

8.22.b.2. The matching of contestants for the Match Rival shall be limited to contestant versus contestant, jockey versus jockey and/or trainer versus trainer.

8.22.b.3. The contestants chosen for the Match Rival wager shall be conspicuously identified in the official program.

8.22.c. The net Match Rival pool shall be distributed to winning wagers in the following precedence, based on the official order of finish:

8.22.c.1. As a single price pool to those whose selection finished first in a single Match Rival contest, or first in the greatest number of a series of Match Rival contests; but if there are no such wagers; then

8.22.c.2. The Match Rival pool shall be refunded.

8.22.d. If there is a dead heat in a contest involving two (2) or more of the contestants in:

8.22.d.1. a single-contest Match Rival pool, then the entire pool shall be refunded.

8.22.d.2. one (1) or more contests of a series, then all the contestants involved in the dead heat shall be considered winners and the net pool shall be distributed as a single price pool, provided that:

8.22.d.3. In a series of contests, if there is a dead heat in half or more of the contests then the Match rival pool for those contests shall be refunded.

8.22.e. If any Match Rival contest is cancelled or declared no contest:

8.22.e.1. In a single-contest Match Rival pool, the pool shall be refunded.

8.22.e.2. In a series of contests, if half or more of the contests are cancelled or declared no contest, then the Match Rival pool for those contests shall be refunded.

8.22.f. If any contestant is scratched or declared a non-starter in any Match Rival contest, then that contest shall be cancelled.

8.22.g. If all contestants fail to finish in a Match Rival contest, then that contest shall be cancelled.

8.23. Super Five/Pentafecta Pools.

8.23.a. The Super Five/Pentafecta requires selection of the first five (5) finishers, in their exact order, for a single contest.

8.23.b. Distribution of Winnings – Option #1.

8.23.b.1. The net Super Five/Pentafecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

8.23.b.1.A. As a single price pool to those whose combination finished in correct sequence as the first five (5) betting interests; but if there are no such wagers, then

8.23.b.1.B. As a single price pool to those whose combination finished in correct sequence, as the first four (4) betting interests; but if there are no such wagers, then

8.23.b.1.C. As a single price pool to those whose combination included, in correct sequence, the first three (3) betting interests; but if there are no such wagers, then

8.23.b.1.D. As a single price pool to those whose combination included, in correct sequence, as the first two (2) betting interests; but if there are no such wagers, then

8.23.b.1.E. As a single price pool to those whose combination correctly selected the first-place betting interest only; but if there are no such wagers, then

8.23.b.1.F. The entire pool shall be refunded on Super Five/Pentafecta wagers for that contest.

8.23.c. Distribution of Winnings – Option #2.

8.23.c.1. The net Super Five/Pentafecta pool shall be distributed to winning wagers in the following precedence, based on the official order of finish:

8.23.c.1.A. As a single price pool and include, any applicable carry-over to those whose combination finished in correct sequence as the first five betting interests, but if there are no such wagers, then

8.23.c.1.B. The net pool will be divided into two separate pools. The major pool of the net pool shall be retained and added to the corresponding carryover pool into the next designated Super Five/Pentafecta race. The remaining minor pool shall be paid as a Super Five/Pentafecta consolation pool, which shall be equally divided among those ticket holders, who correctly select the first four betting interests, but if there are no such wagers, then

8.23.c.1.C. The Super Five/Pentafecta consolation pool will be divided among those ticket holders who correctly select the first three interests, but if there are no such wagers, then

8.23.c.1.D. The Super Five/Pentafecta consolation pool will be divided among those ticket holders who correctly select the first two interests, but if there are no such wagers, then

8.23.c.1.E. The Super Five/Pentafecta consolation pool will be divided among those ticket holders who correctly select the first betting interest, but if there are no such wagers, then

8.23.c.1.F. The entire net pool shall become a carryover pool to be retained and added to the part of the net pool that will be added to the corresponding carryover pool.

8.23.d. Distribution of Winnings – Option # 3.

8.23.d.1. The net Super Five/Pentafecta pools shall be distributed to winning wagers in the following precedence, based on the official order of finish:

8.23.d.1.A. As a single price pool to those whose combination finished in correct sequence as the first five betting interests, but if there are no such wagers, then

8.23.d.1.B. The entire net pool shall be retained and added to a corresponding carryover pool into the next designated Super Five/Pentafecta race.

8.23.d.2. On the last Super Five/Pentafecta race on the final day of the meeting, the net pool, and include any applicable carryover shall be distributed using the method described in subdivision 8.23.b.

8.23.e. If, for any reason, the Super Five/Pentafecta carryover must be held over to the corresponding Super Five/Pentafecta pool of a subsequent meet, the carryover shall be deposited in an interest-bearing account approved by the Commission. The Super Five/Pentafecta carryover plus accrued interest shall then be added to the net Super Five/Pentafecta pool of the following meet on a date and performance so designated by the Commission.

8.23.f. If fewer than five betting interests finish and the contest is declared official, payoffs will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection on any ticket beyond the number of betting interests completing the contest shall be ignored. If the pools being distributed under paragraph 8.23.c.1. or paragraph 8.23.d.1., any previous Super Five/Pentafecta contest’s carryover will not be included in the payoff and will be retained for the next contest’s carryover, and this contest’s net Super Five/Pentafecta pool will be distributed using the method described in subdivision 8.23.b.

8.23.g. Dead Heats.

8.23.g.1. If there is a dead heat for first involving:

8.23.g.1.A. Contestants representing five (5) or more betting interests, all of the wagering combinations, selecting the five (5) betting interests, irrespective of order, shall share in a profit split;

8.23.g.1.B. Contestants representing four (4) betting interests, all of the wagering combinations selecting the four (4) dead heated betting interests, irrespective of order, along with the fifth place betting interest shall share in a profit split;

8.23.g.1.C. Contestants representing three (3) betting interests, all of the wagering combinations selecting the three (3) dead heated betting interests, irrespective of order, along with the fourth place and fifth place betting interests, in correct order, shall share in a profit split.

8.23.g.1.D. Contestants representing two (2) betting interests, both of the wagering combinations selecting the two (2) dead heated betting interests, irrespective of order, along with the third place, fourth place and fifth place betting interests, in correct order, shall share in a profit split.

8.23.g.2. If there is a dead heat for second involving:

8.23.g.2.A. Contestants representing four (4) or more betting interests, all of the wagering combinations correctly selecting the winner along with the four dead heated betting interests shall share in a profit split.

8.23.g.2.B. Contestants representing three (3) betting interests, all of the wagering combinations correctly selecting the winner, along with the three dead heated betting interests, irrespective of order, and the fifth place betting interests shall share in a profit split.

8.23.g.2.C. Contestants representing two (2) betting interests, all of the wagering combinations correctly selecting the winner, along with the two (2) dead heated betting interests, irrespective of order, and the fourth place and fifth place betting interest, in correct order, shall share in a profit split.

8.23.g.3. If there is a dead heat for third involving:

8.23.g.3.A. Contestants representing three (3) or more betting interests, all of the wagering combinations correctly selecting the first two finishers, in correct order, and the three dead heated betting interests, irrespective of order, shall share in a profit split.

8.23.g.3.B. Contestants representing two (2) betting interests, both of the wagering combinations selecting the first two finishers, in correct order, and the (2) two dead heated betting interests, irrespective of order, along with the fifth place betting interest share in a profit split.

8.23.g.4. If there is a dead heat for fourth, all wagering combinations correctly selecting the first three (3) finishers, in correct sequence, along with any two (2) of the betting interests involved in the dead heat for fourth, irrespective or order, shall share in a profit split.

8.23.g.5. If there is a dead heat for fifth, all wagering combinations correctly selecting the first four (4) finishers, in correct sequence, along with any of the betting interests involved in the dead heat for fifth shall share in a profit split.

8.23.h. In the event that more than one component of a coupled entry or mutuel field finishes within the first five positions, the first member of the coupled entry or mutuel field to finish shall determine the position of the single betting interest. The net pool shall be distributed to those whose selection included the coupled entry or mutuel field and each of the other four betting interests.

8.24. Tournament-Style Wager ©.

8.24.a. The Tournament-Style Wager is a separate pari-mutuel pool wager established by the association on a designated number of races. The gross pool consists of the total amount wagered for the multiple race bet. Winning wagers are determined by the highest points totals earned after all rounds have been completed, based on cumulative fantasy win, place, or show wagers, or any combination thereof, on one (1) betting interest per wagering race. It is not a parlay and has no connection with or relation to other pools conducted by the association other than the utilization of live race payouts as a means of calculating players’ fantasy bankrolls.

8.24.b. A valid Tournament-Style Wager ticket shall be evidence of a binding contract between the holder of the ticket and the association, and shall constitute an acceptance of Tournament-Style Wager provisions and rules contained in this subsection.

8.24.c. A Tournament-Style Wager may be given a distinctive name by the association conducting the meeting, subject to Racing Commission approval, and existing licenses, copyrights, and/or patents.

8.24.d. Tournament-Style Wagers shall be conducted as follows:

8.24.d.1. Each player receives a starting fantasy bankroll.

8.24.d.2. The number of races that complete the wager varies depending on the specifics of the “tournament”, as determined by the host racing association, but shall include no less than three (3) races.

8.24.d.3. Each round of the “tournament” consists of a fantasy win, place, or show wagering opportunity, or any combination of the three (3), on only one (1) betting interest per race. Players may also “pass” (not wager) on any or all of the races comprising the tournament.

8.24.d.4. Official program numbers must be used for all wagers. All players are responsible for ensuring each wager is placed correctly.

8.24.d.5. There are no minimum fantasy wagers per race, and the player may risk up to their entire fantasy bankroll on any given race, however, any wager made must be in whole dollar amounts.

8.24.d.6. Live race payouts are used to calculate players’ fantasy point totals.

8.24.d.7. As part of the announced tournament rules, and as approved by the Racing Commission, the host racing association may opt to cap the maximum odds on all fantasy payouts.

8.24.d.8. Each player’s fantasy wins or losses will be reflected in their cumulative fantasy bankroll at the end of each race.

8.24.d.9. Following a race being declared “official,” the actual pari-mutuel pool payout will be added to a player’s cumulative fantasy bankroll, subject to any odds cap imposed under paragraph 8.24.d.7. of this subdivision.

8.24.d.10. A tournament-style “final cut” will be made after the second to last race of the wager. The “final cut” shall be based on the cumulative fantasy bankroll at the end of most recently concluded race, and made so as to identify the tournament’s finalists. The number of finalists shall be no less than five (5), and may include more as determined by the host racing association. Preliminary cuts may be made, as determined by the host racing association, when five (5) or more races constitute the “tournament-style” wager. Each such preliminary cut shall reduce the number of remaining participants by a set percent announced at the beginning of the tournament, excluding the “final cut.”

8.24.d.11. Of the finalists, the player(s) with the highest fantasy bankroll after the last leg is/are the “winner(s).”

8.24.d.12. All subsequent placings after the final cut shall be determined by the final fantasy bankroll for each of the finalists, and shall not be altered by or subjugated to the final fantasy bank of any player not reaching the finals.

8.24.d.13. The net pari-mutuel pool is distributed to the top five percent (5%) of all players in the tournament in accordance with subdivision 8.24.i. of this subsection.

8.24.d.14. The net pari-mutuel pool shall be distributed in accordance with this rule, or as otherwise approved by the Racing Commission, at the request of the host racing association.

8.24.e. A fantasy wager on a coupled entry or field is considered a wager on the remaining part of the coupled entry or field as determined by the rules of the live corresponding race.

8.24.f. If a selection in any race designates a betting interest that was scratched, excused, or determined by the stewards or the judges to be a nonstarter in the race, the fantasy wager will be refunded.

8.24.g. Points for dead heats will be determined by the payouts of the live corresponding race.

8.24.h. The takeout and its distribution for the Tournament-Style Wager shall be set and approved by the Racing Commission, but shall include the distribution of the negotiated proprietary fee.

8.24.i. In accord with the following provisions, the association shall distribute the net pool to the top five percent (5%) of holders of valid tickets that correctly selected the combination of first, second, and/or third place finishers that generated the highest point totals through the designated races/rounds comprising the Tournament-Style Wager as follows:

8.24.i.1. Eighty percent (80%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the players competing in final round which had the highest qualifying point totals after all rounds/races have been completed, based on fantasy win, place, or show wagers, or any combination thereof, on one betting interest per wagering opportunity/race/event, as follows:

8.24.i.1.A. Forty-five percent (45%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed to the holder(s) of the pari-mutuel ticket which had the highest fantasy point total after all races have been completed.

8.24.i.1.B. Twenty percent (20%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among holders of pari-mutuel tickets which had the second highest point total after all races have been completed.

8.24.i.1.C. Eight percent (8%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among holders of pari-mutuel tickets which had the third highest point total after all races have been completed.

8.24.i.1.D. Four percent (4%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among holders of pari-mutuel tickets which had the fourth highest point total after all races have been completed.

8.24.i.1.E. Three percent (3%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among holders of pari-mutuel tickets which had the fifth highest point total after all rounds/races have been completed.

8.24.i.2. After distributions to pari-mutuel ticket holders pursuant to paragraph 8.24.i.1. of this subdivision, twenty percent (20%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed to the balance of the top five percent (5%) of pari-mutuel ticket holders, with those reaching the final round taking priority in ranking, as follows:

8.24.i.2.A. Nine and two-thirds percent (9 2/3%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed equally among the pari-mutuel ticket holders placing in the top twenty percent (20%) of point totals, not including the top five (5) finishers and ties, with each such player receiving no more than two percent (2%) of the net amount in the pari-mutuel pool subject to distribution.

8.24.i.2.B. Four percent (4%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed equally among the pari-mutuel ticket holders placing in the range of greater than twenty percent (20%) up to thirty percent (30%) of the point totals, with each such player receiving no more than eight-tenths of one percent (0.8%) of the net amount in the pari-mutuel pool subject to distribution.

8.24.i.2.C. Two percent (2%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed equally among the pari-mutuel ticket holders placing in the range of greater than thirty percent (30%) up to forty percent (40%) of the point totals, with each such player receiving no more than four-tenths of one percent (0.4%) of the net amount in the pari-mutuel pool subject to distribution.

8.24.i.2.D. One percent (1%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed equally among the pari-mutuel ticket holders placing in the range of greater than forty percent (40%) up to fifty percent (50%) of the point totals, with each such player receiving no more than two-tenths of one percent (0.2%) of the net amount in the pari-mutuel pool subject to distribution.

8.24.i.2.E. Three and a third percent (3 1/3%) of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed equally among the pari-mutuel ticket holders placing in the range of greater than fifty percent (50%) up to one hundred (100%) of point totals, with each such player receiving no more than thirteen one-hundredths of one percent (0.13%) of the net amount in the pari-mutuel pool subject to distribution.

8.24.i.3. In the event the distributions to pari-mutuel ticket holders as set forth in paragraph 8.24.i.2. of this subdivision does not fully distribute the remaining twenty percent (20%) of the net amount in the pari-mutuel pool, then the monies remaining after such distributions shall be distributed equally to all players finishing in the top five percent (5%) of pari-mutuel ticket holders.

8.24.j. In the event of a tie in points, the tie shall be broken by:

8.24.j.1. Awarding the higher place finish to the player that had the highest point total at the conclusion of the immediately preceding race.

8.24.j.2. If the tie remains unbroken, point totals will be compared successively in reverse order through each of the prior races comprising the tournament wager until the player with the highest point total in a round is determined.

8.24.j.3. If the tie remains unbroken after point totals were compared for all prior races then the percentage shares for the two or more players shall be combined and split equally among the players tied for such positions.

8.24.k. All tickets shall be refunded if all races comprising the Tournament-Style Wager are cancelled or declared as no contest. The entire pool shall be refunded if less than three (3) races are completed and if three (3) or more races are completed the net pool shall be distributed pursuant to subdivision 8.24.i. of this subsection.

8.24.l. After wagering closes on the first race comprising the Tournament-Style Wager, the tournament shall be deemed closed and no entry ticket shall be sold, exchanged, or cancelled. No person shall be determined to hold a winning Tournament-Style Wager ticket until the last designated race has been declared official.

TABLE 178-5 A

STANDARD PRICE CALCULATION

SINGLE PRICE POOL (WIN POOL) gross pool = sum of wagers on all betting interests - refunds takeout = gross pool x percent takeout net pool = gross pool - takeout profit = net pool - gross amount bet on winner profit per dollar = profit /gross amount bet on winner $1 unbroken price = profit per dollar + $1 $1 broken price = $1 unbroken price rounded down to the break point total payout = $1 broken price x gross amount bet on winner total breakage = net pool - total payout PROFIT SPLIT (PLACE POOL)

Profit is net pool less gross amount bet on all place finishers. Finishers split the profit 1/2 and 1/2 (place profit), divided by gross amount bet on each place finisher for two unique prices.

PROFIT SPLIT (SHOW POOL)

Profit is net pool less gross amount bet on all show finishers. Finishers split the profit 1/3 and 1/3 and 1/3 show profit), divided by gross amount bet on each show finisher for three unique prices.

TABLE 178-5 B

NET PRICE CALCULATION

SINGLE PRICE POOL (WIN POOL) gross pool = sum of wagers on all betting interests - refunds takeout = gross pool x percent takeout for each source net pool = gross pool - takeout net bet on winner = gross amount bet on winner x (1 - percent takeout) total net pool = sum of all sources net pools total net bet on winner = sum of all sources net bet on winner total profit = total net pool - total net bet on winner profit per dollar = total profit / total net bet on winner $1 unbroken base price = profit per dollar + $1 for each source: $1 unbroken price = $1 unbroken base price x (1 - percent takeout) $1 broken price = $1 unbroken price rounded down to the break point total payout = $1 broken price x gross amount bet on winner total breakage = net pool - total payout PROFIT SPLIT (PLACE POOL)

Total profit is the total net pool less the total net amount bet on all place finishers. Finishers split the total profit 1/2 and 1/2 (place profit), divided by total net amount bet on each place finisher for two unique unbroken base prices.

PROFIT SPLIT (SHOW POOL)

Total profit is the total net pool less the total net amount bet on all show finishers. Finishers split the total profit 1/3 and 1/3 and 1/3 (show profit), divided by total net amount bet on each show finisher for three unique unbroken base prices.

TABLE 178-5 C

EXAMPLE: WIN POOL (Standard Price Calculation)

Sum of Wagers on All Betting Interests - Refunds = $192,913.00 Gross Pool-Takeout = $158,188.66 Gross Amount Bet on Winner = $23,872.00 Net Pool - Gross Amount Bet on Winner = $134,316.66 Profit Per Dollar:

Profit / Gross Amount Bet on Winner = $5.6265357 $1 Unbroken Price:

Profit Per Dollar + $1 = $6.6265357 $1 Unbroken Price for 2nd place:

Profit Per Dollar for 2nd place + $1 = $5.8726664 TABLE 178-5 D EXAMPLE: PLACE POOL (Standard Price Calculation)

Sum of Wagers on All Betting Interests - Refunds = $192,913.00 Gross Pool -Takeout = $158,188.66 Gross Amount Bet on 1st place finisher = $23,872.00 Gross amount Bet on 2nd place finisher = $12,500.00 Net Pool - Gross Amount Bet on 1st place finisher - Gross Amount Bet on 2nd place finisher = $121,816.66 Place Profit:

Profit / 2 = $60,908.33 Profit Per Dollar for 1st place:

Place Profit / Gross Amount Bet on 1st place finisher = $2.5514548 $1 Unbroken Price for 1st place:

Profit Per Dollar for 1st place + $1 = $3.5514548 Profit Per Dollar for 2nd place:

Place Profit / Gross Amount Bet on 2nd place finisher = $4.8726664 TABLE 178-5 E EXAMPLE: SHOW POOL (Standard Price Calculation)

Sum of Wagers on All Betting Interests - Refunds = $192,913.00 Gross Pool - Takeout = $158,188.66 Gross Amount Bet on 1st place finisher = $23,872.00 Gross Amount Bet on 2nd place finisher = $12,500.00 Gross Amount Bet on 3rd place finisher = $4,408.00 Net Pool - Gross Amount Bet on 1st place finisher- Gross Amount Bet on 2nd place finisher - Gross Amount Bet on 3rd place finisher = $117,408.66 Show Profit:

Profit / 3 = $39,136.22 Profit Per Dollar for 1st place:

Show Profit / Gross Amount Bet on 1st place finisher = $1.6394194 $1 Unbroken Price for 1st place:

Profit Per Dollar for 1st place + $1 = $2.6394194 Profit Per Dollar for 2nd place:

Show Profit / Gross Amount Bet on 2nd place finisher = $3.1308976 $1 Unbroken Price for 2nd place:

Profit Per Dollar for 2nd place + $1 = $4.1308976 Profit Per Dollar for 3rd place:

Show Profit / Gross Amount Bet on 3rd place finisher = $8.8784528 $1 Unbroken Price for 3rd place:

Profit Per Dollar for 3rd place + $1 = $9.8784528 TABLE 178-5 F EXAMPLE: SHOW POOL, Single Takeout Rate & Single Betting Source (Net Price Calculation)

Sum of Wagers on All Betting Interests - Refunds = $192,913.00 Total Net Pool:

Gross Pool - Takeout = $158,188.66 Gross Amount Bet on 1st place finisher = $23,872.00 Net Amount Bet on 1st place finisher = $19,575.04 Gross Amount Bet on 2nd place finisher = $12,500.00 Net Amount bet on 2nd place finisher = $10,250.00 Gross Amount Bet on 3rd place finisher = $4,408.00 Net Amount Bet on 3rd place finisher = $3,614.56 Total Net Bet on Winners:

Net Amount Bet on 1st place finisher + Net Amount Bet on 2nd place finisher + Net Amount Bet on 3rd place finisher = $33,439.60 Total Profit:

Total Net Pool - Total Net Bet on Winners = $124,749.06 Show Profit:

Total Profit / 3 = $41,583.02 Profit Per Dollar for 1st place:

Show Profit / Net Amount Bet on 1st place finisher = $2.1242879 $1 Unbroken Base Price for 1st place:

Profit Per Dollar for 1st place + $1 = $3.1242879 TABLE 178-5 F (continued)

EXAMPLE: SHOW POOL, Single Takeout Rate & Single Betting Source (Net Price Calculation) $1 Unbroken Price for 1st place: $1 Unbroken Base Price for 1st place x (1-percent takeout) = $2.5619161 Profit Per Dollar for 2nd place:

Show Profit / Net Amount Bet on 2nd place finisher = $4.0568800 $1 Unbroken Base Price for 2nd place:

Profit Per Dollar for 2nd place + $1 = $5.0568800 $1 Unbroken Price for 2nd place: $1 Unbroken Base Price for 2nd place: x (1-percent takeout) = $4.1466416 Profit Per Dollar for 3rd place:

Show Profit / Net Amount Bet on 3rd place finisher = $11.504310 $1 Unbroken Base Price for 3rd place:

Profit Per Dollar for 3rd place + $1 = $12.504310 $1 Unbroken Price for 3rd place: $1 Unbroken Base Price for 3rd place x (1-percent takeout) = $10.253534 TABLE 178-5 G EXAMPLE: DOUBLE POOL (Standard Price Calculation)

Sum of Wagers on All Betting Interests - Refunds = $192,913.00 Gross Pool - Takeout = $158,188.66 Gross Amount Bet on Winning Combination = $23,872.00 Net Pool-Gross Amount Bet on Winning Combination = $134,316.66 Profit Per Dollar:

Profit / Gross Amount Bet on Winning Combination = $5.6265357 $1 Unbroken Price:

Profit Per Dollar + $1 = $6.6265357 TABLE 178-5 H EXAMPLE: DOUBLE POOL, CONSOLATION PRICING Sum of Wagers on All Betting Interests Refunds = $192,913.00 Gross Pool -Takeout = $158,188.66 Consolation Pool:

Sum Total Amount Bet on winner of the first contest with all second contest betting interests = $43,321.00 $1 Consolation Unbroken Consolation Price:

Net Pool / Consolation Pool = $3.6515468 $1 Consolation Broken Price = 3.65 Amount Bet on winner of the first contest with scratched betting interests: = $1,234.00 Consolation Liability: $1 Consolation Broken Price x (Amount Bet on the winner of the first contest with scratched betting interests) = $4,504.10 Adjusted Net Pool:

Net Pool - Consolation Liability = $153,684.56 Gross Amount Bet on the Winning Combination = $23,872.00 Adjusted Net Pool - Gross Amount Bet on the Winning Combination = $129,812.56 Profit Per Dollar:

Profit / Gross Amount Bet on the Winning Combination = $5.4378586 $1 Unbroken Price:

Profit Per Dollar + $1 = $6.4378586 TABLE 178-5 I EXAMPLE: PICK 7 POOL, Multiple Takeout Rates & Multiple Betting Sources (Net Price Calculation)

Percent Gross Gross Amt. Net Net Amt.

Takeout Pool Bet on Win Pool Bet on Win Source 1: 16% $190,000.00 $44.00 $159,600.00 $36.96 Source 2: 18.5% $10,000.00 $18.00 $8,150.00 $14.67 Source 3: 21% $525,730.00 $124.00 $415,326.70 $97.96 TOTALS: $725,730.00 $186.00 $583,076.70 $149.59 Total Profit:

Total Net Pool - Total Net Bet on the Winning Combination = $582,927.11 Profit Per Dollar:

Total Profit/Total Net Bet on the Winning Combination = $3,896.8321 $1 Unbroken Base Price:

Profit Per Dollar + $1 = $3,897.8321 $1 Unbroken Price for Source 1: $1 Unbroken Base Price x (1 - Percent Takeout) = $3,274.1789 $1 Unbroken Price for Source 2: $1 Unbroken Base Price x (1 - Percent Takeout) = $3,176.7331 $1 Unbroken Price for Source 3: $1 Unbroken Base Price x (1 - Percent Takeout) = $3,079.2873

Series 06 Due Process and Hearings

W. Va. Code R. § 178-6-1 General

1.1. Scope. -- This rule specifies the procedure for hearings conducted before the Boards of Stewards, the Boards of Judges and the West Virginia Racing Commission.

1.2. Authority. -- W. Va. Code §19-23-6(3).

1.3. Filing Date. -- December 22, 2016

1.4. Effective Date. -- January 21, 2017

W. Va. Code R. § 178-6-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. “Appeal” means a request for the Racing Commission or its designee to consider and review any decisions or rulings of the stewards/judges of a meeting or to consider and review the ejection of an occupational permit holder by an association as authorized by 178CSR1, §6.1. and 178CSR2, §6.1.

2.2. “Association” or “racing association” means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description licensed by the Racing Commission to conduct horse or dog racing and pari-mutuel wagering.

2.3. “Clear and convincing evidence” means evidence which results in a reasonable certainty of the truth of the ultimate fact in controversy.

2.4. “Complaint” means a written allegation of a violation of the rules of racing and/or W. Va. Code §19-23-1 et seq.

2.5. “Day” means a calendar day.

2.6. “De novo” means a new hearing or a hearing for a second time conducted in the same or a similar manner in which the matter was originally heard and with a review of the previous hearing.

2.7. “Ejection” or “ejection by an association” and “exclusion” or “exclusion by an association” mean the refusal of an association to admit onto or to allow a permit holder to remain on its grounds, either of which is subject to appeal to the Racing Commission pursuant to 178CSR1, §6.1. and 178CSR2, §6.1.

2.8. “Judge” means a duly appointed greyhound racing official with powers and duties specified by W. Va. Code §19-23-1 et seq. and/or 178CSR2.

2.9. “Licensee” means any racing association holding a license required by W. Va. Code §19-23-1 et seq.

2.10. “Permit holder” means any person holding a permit required by W. Va. Code §19-23-1 et seq.

2.11. “Preponderance of the evidence” means evidence which is of a greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

2.12. “Steward” means a duly appointed thoroughbred racing official with powers and duties specified by W. Va. Code §19-23-1 et seq. and/or 178CSR1.

W. Va. Code R. § 178-6-3 Proceedings by the Stewards/Judges

3.1. Rights of Permit Holder. A permit holder who is the subject of a disciplinary hearing conducted by the stewards/judges is entitled to:

3.1.a. Proper notice of all charges;

3.1.b. Confront the evidence presented;

3.1.c. The right to counsel at the permit holder’s expense;

3.1.d. The right to examine all evidence presented against him/her;

3.1.e. The right to present a defense;

3.1.f. The right to call witnesses;

3.1.g. The right to cross-examine witnesses; and,

3.1.h. The right to waive any of the above rights.

3.2. Complaints.

3.2.a. On their own motion or on receipt of a written complaint regarding the actions of a permit holder, the stewards/judges may conduct an investigation and, if warranted, a disciplinary hearing regarding the permit holder’s actions.

3.3. Summary Suspension.

3.3.a. If the stewards/judges determine that a permit holder’s actions constitute an immediate danger to the public health, safety or welfare, they may summarily suspend a permit pending a hearing.

3.3.b. A permit holder whose permit has been summarily suspended is entitled to a hearing not later than ten (10) days after the permit was summarily suspended. The permit holder may waive his/her right to a hearing on the summary suspension within the ten (10) day limit.

3.3.c. The stewards/judges shall conduct a hearing after imposing a summary suspension in the same manner as other disciplinary hearings.

3.4. Notice.

3.4.a. Except as provided by this rule regarding summary suspensions, the stewards/judges shall provide written notice at least twenty-four (24) hours before the hearing to the permit holder who is the subject of the disciplinary hearing. A permit holder may waive his/her right to such notice by executing a written waiver. In cases involving a disqualification during the running of a greyhound race or a thoroughbred race, or in cases involving a riding infraction during the running of a thoroughbred race, neither notice nor a hearing is required under this rule.

3.4.b. Notice given under this subsection shall include:

3.4.b.1. A statement of the time, place and nature of the hearing;

3.4.b.2. A statement of the legal authority and jurisdiction under which the hearing is to be held;

3.4.b.3. A reference to the particular sections of the statutes or rules involved;

3.4.b.4. A short, plain description of the alleged conduct that has given rise to the disciplinary hearing; and

3.4.b.5. A statement summarizing the rights of the permit holder as outlined in this rule.

3.4.c. If possible, the stewards/judges or their designee shall hand deliver the written notice of disciplinary hearing to the permit holder who is the subject of the hearing. If hand delivery is not possible, the stewards/judges shall mail the notice to the permit holder’s last known address, as found in the Racing Commission’s permit files, by certified mail, return receipt requested. If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of a thoroughbred, the stewards shall provide notice of the hearing to the thoroughbred owner, managing owner, or lessee of the thoroughbred in the manner provided in this subsection. If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of a greyhound, the judges shall provide notice of the hearing to the greyhound owner, greyhound kennel owner, or the trainer of the greyhound in the manner provided in this subsection.

3.4.d. Nonappearance of a summoned permit holder after adequate notice shall be deemed as an admission of the charges set forth in the notice of hearing and a waiver of the right to a hearing before the stewards/judges.

3.5. Continuances.

3.5.a. Upon receipt of a notice, a permit holder may request a continuance of the hearing.

3.5.b. The stewards/judges may grant a continuance of any hearing for good cause shown.

3.5.c. The stewards/judges may at any time order a continuance on their own motion.

3.6. Evidence.

3.6.a. All hearings shall be conducted by no less than a majority of the stewards/judges.

3.6.b. Each witness at a hearing conducted by the stewards/judges shall be sworn by the stewards/judges.

3.6.c. The stewards/judges shall allow a full presentation of evidence and are not bound by the technical rules of evidence. However, they may disallow evidence that is irrelevant or unduly repetitive of other evidence. The stewards/judges shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence and/or testimony. The stewards/judges may admit hearsay evidence if the stewards/judges determine the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by West Virginia law apply in hearings before the stewards/judges.

3.6.d. The burden of proof is on the stewards/judges to show, by a preponderance of the evidence, that the permit holder has violated or is responsible for a violation of a statute or a Racing Commission rule. However, the burden is on the permit holder to prove by a preponderance of the evidence any defense that he or she may present.

3.6.e. All hearings shall be recorded. A copy of the recording or a transcript of the recording shall be provided to the permit holder or any interested person upon request. The cost of providing a copy of the recording or a transcript of the recording may be assessed against the requesting party in the discretion of the stewards/judges.

3.7. Representation.

3.7.a. A permit holder who is the subject of a disciplinary hearing before the stewards/judges may represent himself or herself; may be represented by a lay representative of any racing trade organization to which he or she is a member; or, may be represented by legal counsel licensed to practice law in the State of West Virginia. Attorneys who are not licensed to practice law in the State of West Virginia must comply with Rule 8.0, Admission Pro Hac Vice, of the West Virginia Rules for Admission to the Practice of Law, before representing any permit holder in disciplinary matters pending before the stewards/judges. Representation of a permit holder includes any communication with the stewards/judges on behalf of the permit holder; the filing or making of motions or any other written or oral requests on behalf of a permit holder; and, appearing before the stewards/judges on behalf of a permit holder.

3.8. Rulings.

3.8.a. The issues at a disciplinary hearing shall be decided by a majority vote of the stewards/judges. If the vote is not unanimous, the dissenting steward/judge shall include with the record of the hearing a written statement of the reason(s) for the dissent.

3.8.b. A ruling by the stewards/judges shall, at a minimum, include:

3.8.b.1. The full name, date of birth, last record address, permit type and permit number of the person who is the subject of the hearing;

3.8.b.2. A statement of the substantiated charges against the permit holder, including a reference to the specific section of the statutes or rules that the permit holder is found to have violated;

3.8.b.3. The date of the hearing and the date the ruling was issued;

3.8.b.4. The penalty imposed;

3.8.b.5. Any changes in the order of finish or purse distribution;

3.8.b.6. Information on the permit holder’s right to appeal the ruling to the Racing Commission; and,

3.8.b.7. Other information required by the Racing Commission.

3.8.c. A ruling shall be signed by all three stewards/judges. However, in the event that the ruling is not unanimous, the ruling shall be signed by a majority of the stewards/judges with the dissenting steward/judge noting the reasons for his or her dissent.

3.8.d. If possible, the stewards/judges or their designee shall hand deliver a copy of the ruling to the permit holder who is the subject of the ruling. If hand delivery is not possible, the stewards/judges shall mail the ruling to the permit holder’s last known address, as found in the Racing Commission’s permit files, by certified mail, return receipt requested. A copy of the ruling shall be submitted to the NAPRA or RCI Ruling Database. If the ruling includes the disqualification of a greyhound, the judges shall provide a copy of the ruling to the owner of the greyhound. If the ruling includes a disqualification of a thoroughbred, the stewards shall provide a copy of the ruling to the owner of the horse, the horsemen’s bookkeeper and the appropriate past performance service(s).

3.8.e. All fines imposed by the stewards/judges shall be paid to the Racing Commission within seven (7) calendar days after the ruling is issued, unless otherwise ordered by the stewards/judges.

3.9. Effect of Rulings.

3.9.a. Rulings against a permit holder apply to another person if continued participation in an activity by the other person would circumvent the intent of the ruling by permitting the person to serve, in essence, as a substitute for the ineligible permit holder.

3.9.b. The transfer of a thoroughbred or greyhound to avoid application of a Racing Commission rule or ruling by the stewards/judges is prohibited.

3.10. Appeals.

3.10.a. A permit holder aggrieved by a ruling of the stewards/judges may appeal to the Commission, except as provided in subdivision 3.10.g. of this subsection. A person who fails to file an appeal by the deadline set forth in this rule waives the right to appeal.

3.10.b. An appeal under this subsection must be filed with the Commission’s executive director at the Racing Commission’s principal office no later than twenty (20) days after the stewards’/judges’ ruling is received by the permit holder.

3.10.c. An appeal shall be in writing on a form prescribed by the Racing Commission. The appeal shall include:

3.10.c.1. The name, address, telephone number and signature of the person making the appeal;

3.10.c.2. A statement of the basis of the appeal; and,

3.10.c.3. A sworn, notarized statement that the appealing party has a good faith belief that the appeal is meritorious and is not taken merely to delay the penalty imposed by the stewards/judges.

3.10.d. A permit holder who appeals shall pay security for hearing costs in the amount of five-hundred dollars ($500.00). This security fee shall be paid to the Racing Commission at the same time the appeal is filed. In the event that the Racing Commission determines that the fee is insufficient to cover the anticipated costs of holding the appeal hearing, the appealing permit holder may be required to pay an additional security for costs as specified by the Racing Commission. Such additional security fees shall be deposited with the Racing Commission within ten (10) days after notification. If the permit holder substantially prevails in an appeal hearing before the Racing Commission, the Commission may order a refund of all or part of any security fee paid by the permit holder. If a permit holder does not substantially prevail in an appeal hearing before the Racing Commission, the Commission may assess the costs of the appeal hearing incurred in excess of the security fee.

3.10.e. On notification by the Racing Commission that an appeal has been filed, the stewards/judges shall forward to the Racing Commission the record of the stewards’/judges’ proceeding on which the appeal is based.

3.10.f. If a person against whom a fine has been assessed files an appeal of the ruling that assesses the fine, the person shall pay the fine in accordance with this rule, unless the ruling is stayed in accordance with this rule. If the fine is paid before disposition of the appeal and the appeal is resolved in favor of the permit holder, the Racing Commission shall refund the amount of the fine.

3.10.g. A decision by the judges regarding a disqualification of a greyhound during the running of the race is final and may not be appealed to the Racing Commission. However, any permit holder fined or suspended as a result of circumstances giving rise to a disqualification of a greyhound is entitled to appeal a ruling on the suspension or fine only. The Racing Commission’s decision on such an appeal shall not affect the disqualification.

3.11. Stays.

3.11.a. A person who has been disciplined by a ruling of the stewards/judges may apply for a stay to the Racing Commission or to the member of the Racing Commission designated to rule upon stay requests.

3.11.b. An application for a stay must be filed with the Commission’s executive director at the Racing Commission’s principal office no later than the deadline for filing an appeal.

3.11.c. An application for a stay must be in writing on a form prescribed by the Racing Commission and shall include:

3.11.c.1. The name, address, telephone number and signature of the person requesting the stay;

3.11.c.2. A statement of the justification for the stay; and,

3.11.c.3. A sworn, notarized statement that the party requesting the stay has a good faith belief that the stay request is meritorious and is not taken merely to delay the penalty imposed by the stewards/judges.

3.11.d. The granting of a stay is an extraordinary remedy. The Racing Commission or the member of the Racing Commission designated to rule upon stay requests may grant or deny a stay request after considering and balancing the following factors:

3.11.d.1. The likelihood that the permit holder requesting the stay will prevail upon the merits of his or her appeal.

3.11.d.2. The likelihood of irreparable harm to the permit holder if a stay is denied pending disposition of his or her appeal.

3.11.d.3. The likelihood of irreparable harm to the association if a stay is granted pending disposition of the permit holder’s appeal.

3.11.d.4. The public interest.

3.11.d.5. Any other information deemed relevant by the Commission or the member designated to rule upon stay requests.

3.11.e. Rulings on stay requests shall be issued in writing to the person requesting the stay. The Racing Commission or the member of the Racing Commission designated to rule upon stay requests may rescind a stay granted under this subsection taking into account only a change in circumstances or new information not available at the time of the original grant of stay, and reconsideration and rebalancing the factors set forth in subdivision 3.11.d in light of such change or new information.

3.11.f. The fact that a stay is granted is not a presumption that the ruling issued by the stewards/judges is invalid.

W. Va. Code R. § 178-6-4 Proceedings by the Commission

4.1. Rights of Permit Holder, Licensee or Other Person.

4.1.a. A permit holder who is the subject of a disciplinary hearing who has filed an appeal to the Racing Commission from a stewards’/judges’ ruling; a permit holder who has filed an appeal to the Racing Commission as a result of an ejection by an association and the association that is the respondent in the appeal; or a licensee who is the subject of a disciplinary hearing before the Racing Commission; or, any other person under the jurisdiction of the Racing Commission who seeks relief from the Racing Commission, is entitled to:

4.1.a.1. Proper notice of all charges alleged by the stewards/judges and/or Racing Commission or, in the case of an ejection by an association, notice of the reason for the ejection, as stated by the association;

4.1.a.2. Confront the evidence presented;

4.1.a.3. The right to counsel at the permit holder’s, licensee’s or person’s expense;

4.1.a.4. The right to examine all evidence presented against him/her/it;

4.1.a.5. The right to present a defense;

4.1.a.6. The right to call witnesses;

4.1.a.7. The right to cross-examine witnesses;

4.1.a.8. The right to request subpoenas and subpoenas duces tecum; and,

4.1.a.9. The right to waive any of the above rights.

4.2. Permit Holder Appeal of Ejection by Association.

4.2.a. A permit holder aggrieved by an ejection of an association may appeal to the Commission pursuant to 178CSR1, §6.1. and 178CSR2, §6.1. The Racing Commission may refuse to hear an appeal from an ejected permit holder who has been ejected in connection with his or her suspension or termination from employment with the association.

4.2.b. An appeal under this subsection must be filed with the Commission’s executive director at the Racing Commission’s principal office no later than twenty (20) days after the written ejection notice is received by the permit holder, or no later than thirty (30) days after the association receives the permit holder’s written request to reenter.

4.2.c. The association must provide an ejected permit holder a written statement of all of the reasons for the ejection no later than twenty-four (24) hours after the permit holder is ejected.

4.2.d. An appeal shall be in writing on a form prescribed by the Racing Commission. The appeal shall include:

4.2.d.1. The name, address, telephone number and signature of the permit holder making the appeal;

4.2.d.2. A statement of the basis of the appeal;

4.2.d.3. A sworn, notarized statement that the appealing permit holder has a good faith belief that the appeal is meritorious; and,

4.2.d.4. A copy of the ejection notice received by the permit holder.

4.2.e. A copy of an appeal of an ejection filed by a permit holder shall be provided by the Racing Commission to a person designated by the association to receive the appeal on its behalf.

4.2.f. A permit holder who appeals an ejection shall pay security for the Commission’s hearing costs in the amount of one-hundred dollars ($100.00). This security fee shall be paid to the Racing Commission at the same time the appeal is filed. In the event that the Racing Commission determines that the fee is insufficient to cover the anticipated costs of holding the appeal hearing, the appealing permit holder may be required to pay an additional security for costs as specified by the Racing Commission. Such additional security fees shall be deposited with the Racing Commission within ten (10) days after notification. If the permit holder substantially prevails in an ejection appeal hearing before the Racing Commission, the Commission may order a refund of all or part of any security fee paid by the permit holder.

4.3. Stays of Ejection of Permit Holder by Association.

4.3.a. A permit holder who has been ejected by an association may apply for a stay to the Racing Commission or to the member of the Racing Commission designated to rule upon stay requests.

4.3.b. An application for a stay must be filed with the Commission’s executive director at the Racing Commission’s principal office. An application for stay will not be considered or ruled upon unless and until the permit holder has filed an appeal of the ejection in accordance with subsection 4.2 of this rule.

4.3.c. An application for a stay must be in writing on a form prescribed by the Racing Commission and shall include:

4.3.c.1. The name, address, telephone number and signature of the person requesting the stay;

4.3.c.2. A statement of the justification for the stay; and,

4.3.c.3. A sworn, notarized statement that the permit holder requesting the stay has a good faith belief that the stay request is meritorious and is not taken merely to delay the effect of the ejection imposed by the association.

4.3.d. A copy of a stay request filed by an ejected permit holder shall be provided by the Racing Commission to a person designated by the association to receive the stay request on its behalf.

4.3.e. The association may respond in writing to a stay request filed by an ejected permit holder. Such response shall be filed with the Commission’s executive director by a deadline established by the Commission or the member of the Racing Commission designated to rule upon stay requests. A copy of such response shall be served upon the permit holder by the association.

4.3.f. The granting of a stay is an extraordinary remedy. The Racing Commission or the member of the Racing Commission designated to rule upon stay requests may grant or deny a stay request after considering and balancing the following factors:

4.3.f.1. The likelihood that the permit holder requesting the stay will prevail upon the merits of his or her ejection appeal.

4.3.f.2. The likelihood of irreparable harm to the permit holder if a stay is denied pending disposition of his or her ejection appeal.

4.3.f.3. The likelihood of irreparable harm to the association if a stay is granted pending disposition of the permit holder’s ejection appeal.

4.3.f.4. The public interest.

4.3.f.5. Any other information deemed relevant by the Commission or the member designated to rule upon stay requests.

4.3.g. Rulings on stay requests shall be issued in writing to the parties. The Racing Commission or the member of the Racing Commission designated to rule upon stay requests may rescind a stay granted under this subsection taking into account only a change in circumstances or new information not available at the time of the original grant of stay, and reconsideration and rebalancing the factors set forth in subdivision 4.3.f. in light of such change or new information.

4.3.h. The fact that a stay is granted is not a presumption that the ejection imposed by the association is invalid.

4.4. Notice.

4.4.a. Upon receipt of a written appeal by a permit holder from a stewards’/judges’ ruling or an ejection by an association, the Racing Commission shall set a time and place for the appeal hearing not less than ten (10) nor more than thirty (30) days after receipt of the appeal. The permit holder may waive his/her right to a hearing within the above-referenced time frame by executing a written waiver. The Commission or a hearing examiner appointed by the Racing Commission may grant an extension of the above-referenced time frame for hearing for good cause shown.

4.4.b. In any matter instituted by the Racing Commission against a licensee or upon a permit holder’s appeal from an ejection by an association, the Racing Commission shall provide no less than (10) days notice of the hearing.

4.4.c. The Racing Commission shall serve a notice of hearing by certified mail, return receipt requested, to the parties’ last known address, as found in the Commission’s permit or licensing files, or by personal service.

4.4.d. A notice of hearing shall include:

4.4.d.1. Statement of time, place and nature of the hearing;

4.4.d.2. Statement of the legal authority and jurisdiction under which the hearing is to be held;

4.4.d.3. Reference to the particular sections of the statutes and rules involved;

4.4.d.4. Short, plain statement of the matters asserted; and,

4.4.d.5. Any other statement required by law.

4.4.e. A party to the proceeding may move to postpone the hearing. The motion must be in writing; must set forth the specific grounds on which it is sought; and, must be filed with the Racing Commission before the date set for the hearing. If the Racing Commission, or a hearing examiner appointed by the Racing Commission, grants the motion for postponement, the Racing Commission shall cause new notice to be issued.

4.4.f. After a hearing has begun, the Racing Commission, or a hearing examiner appointed by the Racing Commission, may grant a continuance on oral or written motion, without issuing new notice, by announcing the date, time and place for reconvening the hearing before recessing the hearing.

4.4.g. If a party to a proceeding before the Racing Commission fails to appear after adequate notice, the Racing Commission may deem the charges alleged by the stewards/judges and/or Racing Commission set forth in the notice of hearing as admitted by the non-appearing party and may dismiss the proceedings before the Racing Commission. If a party to a proceeding before the Racing Commission pertaining to an association ejection fails to appear after adequate notice, the Racing Commission may grant a default ruling against the non-appearing party and may dismiss the proceedings before the Racing Commission.

4.5. Subpoenas, Subpoenas Duces Tecum and Oaths or Affirmations.

4.5.a. Any member of the Racing Commission, or a hearing examiner appointed by the Racing Commission, may issue subpoenas to compel the testimony of witnesses and subpoenas duces tecum to compel the production of documents, books, records, papers and other items.

4.5.b. Any party requesting the issuance of subpoenas or subpoenas duces tecum shall be responsible for proper service and payment of fees for the attendance and travel of witnesses in accordance with the requirements of W. Va. Code §29A-5-1(b).

4.5.c. Any member of the Racing Commission, or a hearing examiner appointed by the Racing Commission, may administer oaths or affirmations to witnesses appearing before the Racing Commission.

4.6. Reporters and Transcripts.

4.6.a. The Racing Commission shall engage a court reporter to make a record of the hearing. The Racing Commission may allocate the costs of the reporter and any transcript produced among the parties.

4.6.b. If a person requests a transcript of the record, the Racing Commission may assess the costs of preparing the transcript to the person.

4.7. Nature of Hearings.

4.7.a. A hearing on an appeal by a permit holder from a decision of the stewards/judges shall be de novo. The Racing Commission shall have the burden of proving by a preponderance of the evidence that the permit holder has violated or is responsible for a violation of a statute or a Racing Commission rule. However, upon appeal by a permit holder of a decision of the stewards regarding a disqualification of a thoroughbred during the running of the race, the appeal hearing before the Racing Commission shall not be de novo and the burden shall be on the permit holder to prove by clear and convincing evidence that the stewards committed plain error in their decision. In the event that a permit holder appeals a stewards’ decision regarding a disqualification during the running of the race and does not prevail, he or she shall be assessed interest on any purse which may be held during the pendency of the appeal. Such assessment shall be collected by the Racing Commission and paid to the owner of the horse who moves up in the finish of the race as a result of the stewards’ disqualification decision. The rate of interest shall be three (3) percentage points above the Fifth Federal Reserve District secondary discount rate in effect on the second day of January of the year in which the assessment is entered. Provided, that the rate of interest shall not exceed eleven (11) percent per annum or be less than seven (7) percent per annum. In addition, pursuant to the provisions of subdivision 3.10.d of this rule, the Commission may assess the costs of the hearing incurred in excess of the one hundred dollar ($100.00) security fee against the appealing permit holder.

4.7.b. The Racing Commission may reject, affirm, or modify any penalty or disciplinary action imposed by the stewards/judges.

4.7.c. In any hearing on a matter instituted by the Racing Commission against a licensee, the Commission shall have the burden of proving by a preponderance of the evidence that the licensee has violated or is responsible for a violation of a statute or a Commission rule.

4.7.d. In any hearing on an appeal by a permit holder of an ejection by an association, the association shall have the burden of proving by a preponderance of the evidence that the permit holder acted improperly or engaged in behavior that is otherwise objectionable pursuant to 178CSR1, §6.2. or 178CSR2, §6.2.

4.7.e. The Racing Commission may reject, affirm, or modify any ejection imposed by the association on a permit holder, and the association and the permit holder shall abide by any orders, restrictions or conditions issued by the Commission in connection with its decision on the ejection appeal.

4.7.f. All hearings before the Racing Commission are open to the public. However, witnesses may be excluded or sequestered.

4.8. Conducting of Hearings.

4.8.a. A quorum of the Racing Commission and/or a hearing examiner appointed by the Racing Commission who is licensed to practice law in the State of West Virginia shall conduct and preside over Commission hearings.

4.8.b. The Racing Commission or its appointed hearing examiner may:

4.8.b.1. Issue subpoenas and subpoenas duces tecum;

4.8.b.2. Administer oaths or affirmations;

4.8.b.3. Receive evidence;

4.8.b.4. Rule on the admissibility of evidence;

4.8.b.5. Examine witnesses;

4.8.b.6. Set reasonable times within which a party may present evidence and within which a witness may testify;

4.8.b.7. Permit and limit oral argument;

4.8.b.8. Issue orders and findings of fact and conclusions of law;

4.8.b.9. Require written arguments to be filed by the parties;

4.8.b.10. Take notice of any and all judicially cognizable facts;

4.8.b.11. Regulate the course of the hearing; and,

4.8.b.12. Perform other duties necessary to a fair and proper hearing.

4.9. Evidence.

4.9.a. All testimony of witnesses before the Racing Commission must be given under oath or affirmation. The Racing Commission or its appointed hearing examiner may limit the number of witnesses and may exclude all irrelevant, immaterial or unduly repetitious evidence.

4.9.b. The Racing Commission and/or its appointed hearing examiner shall allow a full presentation of evidence and are not bound by the technical rules of evidence. The Racing Commission and/or its appointed hearing examiner shall have the authority to determine, in their sole discretion, the weight and credibility of any evidence and/or testimony. The Racing Commission and/or its appointed hearing examiner may admit hearsay evidence if it is determined that the evidence is of a type that is commonly relied on by reasonably prudent people. The rules of privilege recognized by West Virginia law apply in hearings before the Racing Commission.

4.10. Representation.

4.10.a. A person who is the subject of a hearing before the Racing Commission may represent himself or herself or may be represented by legal counsel licensed to practice law in the State of West Virginia. Attorneys who are not licensed to practice law in the State of West Virginia must comply with Rule 8.0, Admission Pro Hac Vice, of the West Virginia Rules for Admission to the Practice of Law, before representing any party involved in a matter before the Racing Commission. Representation of a party includes any communication with the Racing Commission or its agents on behalf of the party, the filing or making of motions or any other written or oral requests on behalf of a party, and, appearing before the Racing Commission or its appointed hearing examiner on behalf of a party.

4.11. Decisions.

4.11.a. If a hearing is conducted by a hearing examiner appointed by the Racing Commission, he/she shall issue a written recommended decision containing proposed findings of fact and conclusions of law to the Racing Commission. The hearing examiner shall mail a copy of his recommended decision to all parties to the proceeding.

4.11.b. Upon receipt of a recommended decision from an appointed hearing examiner, the Racing Commission shall consider the recommendation in a meeting noticed in accordance with the West Virginia Open Governmental Proceedings Act, W. Va. Code §6-9A-1 et seq. The Racing Commission may:

4.11.b.1. Adopt or modify the recommended decision, in whole or in part;

4.11.b.2. Decline to adopt the recommended decision, in whole or in part;

4.11.b.3. Remand the proceeding for further examination by the hearing examiner; or,

4.11.b.4. Direct the hearing examiner to give further consideration to the proceeding with or without reopening the hearing.

4.11.c. If the Racing Commission modifies or declines to adopt a recommended decision of an appointed hearing examiner, either in whole or in part, it shall issue a reasoned, articulate explanation and a recitation of the underlying evidence or other matters upon which it bases its decision and particularized findings of fact and conclusions of law that support its decision.

4.11.d. If a hearing is conducted by a quorum of the Racing Commission it shall issue a written decision containing findings of fact and conclusions of law.

4.12. Orders.

4.12.a. The Racing Commission shall issue a final order in all matters heard before it. The Racing Commission’s order shall be in writing and shall be signed by the Chairman.

4.12.b. The Racing Commission shall serve a copy of a final order upon all parties to the proceeding by certified mail, return receipt requested, or by personal service.

4.12.c. A final order of the Racing Commission takes effect on the date the order is entered, unless otherwise stated in the order.

4.12.d. The Racing Commission shall submit copies of all final orders to the NAPRA or RCI Ruling Database.

W. Va. Code R. § 178-6-5 Rulings In Other Jurisdictions

5.1. Reciprocity.

5.1.a. The Racing Commission and the stewards/judges shall honor rulings, decisions and final orders from other racing jurisdictions regarding permit or license suspensions, revocations, and eligibility.

5.2. Appeals of Reciprocal Rulings.

5.2.a. Persons subject to rulings, decisions and final orders in other racing jurisdictions shall have the right to request a hearing before the Racing Commission or a hearing examiner appointed by the Racing Commission to show cause why such ruling should not be enforced in West Virginia.

5.2.b. Any request for such hearing must clearly set forth in writing the reasons for the appeal.

Series 07 Simulcast Pari-Mutuel Wagering At Authorized Gaming Facility In Historic Resort Hotel

W. Va. Code R. § 178-7-1 General

1.1. Scope. -- This rule regulates the conducting of simulcast pari-mutuel wagering on horse and dog races at an authorized gaming facility in the historic resort hotel in this state.

1.2. Authority. -- W. Va. Code §19-23-12d.

1.3. Filing Date. -- April 16, 2012.

1.4. Effective Date. -- April 16, 2012.

W. Va. Code R. § 178-7-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Applicant" means any gaming licensee who is licensed under article twenty-five, chapter twenty-nine of this code, applying for a license under W. Va. Code §19-23-12d to conduct pari-mutuel wagering on televised horse and dog races.

2.2. “Commission” or “Racing Commission” means the West Virginia Racing Commission created in W. Va. Code §19-23.

2.3. "Designated pari-mutuel wagering area" means one or more specific areas of an existing historic resort hotel within which the Racing Commission has authorized the gaming licensee to offer pari-mutuel wagering to patrons of the hotel.

2.4. "Gaming facility" means a designated area on the premises of an existing historic resort hotel in which pari-mutuel wagering is conducted by a gaming licensee.

2.5. “Gaming licensee" means the licensed operator of a gaming facility under W. Va. Code §29-25, who is also licensed under W. Va. Code §19-23, to offer pari-mutuel wagering on simulcast horse or dog races or on both types of races.

2.6. “Handle” means the total amount of all pari-mutuel wagering sales less refunds and cancellations.

2.7. "Historic resort hotel" means a historic resort hotel as defined in W. Va. Code §29-25-2.

2.8. “In-state host track” means a racetrack within this state licensed to conduct horse or dog race meetings at which pari-mutuel wagering is conducted and which is an in-state sending track.

2.9. “In-state sending track” means a racetrack in this state licensed under this article to conduct horse or dog race meetings at which pari-mutuel wagering is conducted and which is equipped to conduct simulcasting of those races and intertrack pari-mutuel wagering on those races.

2.10. "In-state track" means an in-state host track or an in-state sending track.

2.11. "Interstate common pool" means a pari-mutuel pool established within this state or in another state or foreign nation within which is combined comparable pari-mutuel pools of one or more receiving legal wagering entities located in one or more states or foreign nations upon a race at a sending track located within or outside of this state for the purpose of establishing payoff prices in the various jurisdictions.

2.12. "Intertrack wagering" means parimutuel wagering on simulcast horse or dog races held at an in-state sending track by patrons at a gaming facility licensed under W. Va. Code §19-23-12d and this rule and the electronic transmission of the wagers to the in-state sending track.

2.13. "License" means a license issued by the Racing Commission pursuant to W. Va. Code §19-23-12d and this rule, including:

2.13.a. A license to operate a gaming facility in which pari-mutuel wagering on simulcast races will be available to patrons;

2.13.b. A license to be employed in connection with the operation of a gaming facility at which pari-mutuel wagering is offered on simulcast races; or

2.13.c. A license to provide management services under a contract to a gaming facility licensed under W. Va. Code §19-23 and this rule.

2.14. "Licensed gaming facility employee" means any individual licensed or registered to be employed by a gaming licensee in connection with the operation of a pari-mutuel wagering pursuant to W. Va. Code §19-23-12d and this rule.

2.15. "Out-of-state host track" means a racetrack in a jurisdiction other than this state, the operator of which is lawfully permitted to conduct a horse or dog race meeting and which conducts horse or dog races upon which pari-mutuel wagers may be placed.

2.16. "Out-of-state track" means an out-of-state host track or an out-of-state sending track.

2.17. "Out-of-state sending track" means a racetrack in a jurisdiction other than the State of West Virginia which is lawfully permitted to conduct a horse or dog race meeting and to provide simulcast horse or dog races to a racetrack in this state.

2.18. "Participation agreement" means the written contract that provides for the establishment or implementation of simulcasting of horse or dog races and pari-mutuel wagering. Each contract shall set forth the manner in which the pari-mutuel wagering system shall be managed, operated and capitalized, as well as how expenses and revenues shall be allocated and distributed by and among the licensed gaming facility under W. Va. Code §19-23-12d and this rule and the other eligible participants in the contract.

2.19. "Premises of an existing historic resort hotel" means the historic resort hotel, attachments of the historic resort hotel, and the traditional, immediate grounds of the historic resort hotel.

2.20. "Receiving gaming facility" means a licensed racetrack or authorized gaming facility within this state licensed under W. Va. Code §19-23 which is equipped to receive simulcast horse and dog races and to conduct intertrack or interstate wagering on those races.

2.21. "Simulcast horse or dog races" means horse or dog races conducted at an in-state sending track or an out-of-state sending track, as the case may be, and transmitted simultaneously by picture to the authorized gaming facility licensed under W. Va. Code §19-23-12d and this rule or other legal wagering facility.

2.22. "Simulcasting" means the simultaneous audio or visual transmission of horse or dog races conducted at in-state and out-of-state racetracks to the gaming facility licensee under W. Va. Code §19-23-12d and this rule and pari-mutuel wagering on the results of those races.

W. Va. Code R. § 178-7-3 License Required

3.1. An applicant may apply to the Racing Commission for a license to conduct at the historic resort hotel pari-mutuel wagering on simulcast horse and dog races held at a licensed racetrack in this state, or in another jurisdiction, where pari-mutuel wagering is permitted and conducted.

3.2. The application shall be submitted in the form prescribed by the Commission and must provide the information required by the Commission under this rule.

3.3. No applicant may conduct pari-mutuel wagering on simulcast horse and dog races under W. Va. Code §19-23-12d without first obtaining a license from the Commission.

3.4. Licenses issued under this rule are not transferrable or assignable. The sale of the assets of a gaming licensee requires the buyer to apply for a license from the Commission.

3.5. Licenses shall be issued for the period of January 1 through December 31 of each year, unless approved otherwise by the Commission.

3.6. Licenses shall be renewed, suspended or revoked on the same basis as licenses issued to racing associations under W. Va. Code §19-23.

3.7. An application for a license must include the following:

3.7.a. The full name and address of each partner, member, officer or director of the applicant;

3.7.b. The dates on which the applicant intends to offer simulcast pari-mutuel wagering on horse and dog races and the racetracks from which it intends to receive simulcast transmissions;

3.7.c. Copies of the participation agreements that the applicant has entered into or intends to enter into;

3.7.d. The location of the gaming facility in which the applicant intends to offer simulcast pari-mutuel wagering on horse and dog races;

3.7.e. Whether the applicant, any partner, member, officer or director has previously applied for a license or similar authority in another state to offer simulcast pari-mutuel wagering on horse and dog races, and if so, whether such license was issued or refused, and if issued, whether it was ever suspended or revoked.

3.7.f. A verification that the applicant shall comply with the requirements of the federal Interstate Horseracing Act of 1978, P. L. 95-515, 15 U.S.C. §§ 3001-3007.

3.7.g. Such other information as the Racing Commission may require, including, but not limited to, satisfactory evidence that the applicant has the ability to pay all taxes due the state, salaries of employees necessary for the conducting of simulcast pari-mutuel wagering, and other expenses incident to the activity for which the license is sought. If satisfactory evidence of ability to pay such expenses cannot be produced by the applicant, the Commission may require a bond or other adequate security before the license is issued; and

3.7.h. A signed, notarized verification that the information contained on the application is true and accurate. Such verification shall be signed by a partner, member, officer or director of the applicant.

3.8. Applicants for licenses may be required to have their partners, members, officers or directors provide fingerprints for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If fingerprints are required to be provided by an applicant’s partners, members, officers or directors, such persons shall provide a signed authorization for the release of information by those agencies.

3.9. The filing of an application for a license shall authorize the Racing Commission to investigate criminal and employment records, to engage in interviews to determine the applicant’s character and qualifications and to verify information provided by the applicant.

3.10. The Racing Commission shall have the discretion to impose conditions upon any license necessary to effectuate the purposes of the Commission’s rules and the W. Va. Code pertaining to a Gaming Licensee’s operations.

W. Va. Code R. § 178-7-4 Permitting and registration of persons conducting wagering-related activities

4.1. All persons engaged in simulcast wagering-related activities at the gaming facility authorized by W. Va. Code §19-23-12d shall apply for and obtain an occupational permit from the Racing Commission. Provided, that employees of the gaming licensee who hold licenses issued by the West Virginia Lottery Commission need not obtain an occupational permit from the Racing Commission, but must register with the Racing Commission.

4.2. The Racing Commission shall not grant an occupational permit or registration to anyone under the age of eighteen (18) years. An applicant/registrant may be required to submit a certified copy of his or her birth certificate in connection with his or her application for a permit/registration.

4.3. An occupational permit/registration is neither transferable nor assignable to any other person.

4.4. Applicants for occupational permits/registrations may be required to provide fingerprints for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If fingerprints are required to be provided by an applicant, the applicant shall provide a signed authorization for the release of information by those agencies.

4.5. The filing of an application for a permit/registration shall authorize the Racing Commission to investigate criminal and employment records, to engage in interviews to determine the applicant’s character and qualifications and to verify information provided by the applicant.

4.6. An occupational permit holder/registrant shall be knowledgeable of the rules of the Racing Commission; and by acceptance of a permit/registration agrees to abide by such rules.

4.7. An occupational permit holder/registrant shall report to the Racing Commission any knowledge he or she has that a violation of the Commission’s rules or the laws of this State pertaining to the gaming facility’s operations has occurred or may occur.

4.8. The occupational permit and registration required under this rule shall be renewed according to the schedule set forth in W. Va. Code §19-23-8.

4.9. Persons seeking an occupational permit or registration shall pay an annual fee in the amount of twenty-dollars ($20.00).

4.10. All applications for an occupational permit or registration, and for renewal thereof, shall be on forms prescribed by the Racing Commission. The application for a permit or registration shall include the following information:

4.10.a. The name, address and date of birth of the person seeking to obtain or renew an occupational permit or registration;

4.10.b. The name and address of the gaming licensee at which the individual is intending to be engaged in wagering-related activities;

4.10.c. Whether the person seeking to obtain a permit or registration has ever been convicted of a crime. If so, the person shall include a written narrative and court records explaining the circumstances of the conviction;

4.10.d. Whether the person has had a permit, or similar authority, suspended, revoked or denied by the Racing Commission or by a racing board or commission in another jurisdiction. If so, the person shall include a written narrative and records explaining the circumstances of the suspension, revocation or denial; and

4.10.e. A signed, notarized verification that the information contained on the application is true and accurate.

4.11. The Racing Commission may deny, suspend or revoke an occupational permit or registration required under this rule for any reason sufficient to the cause the denial, suspension or revocation of an occupational permit issued pursuant to 178CSR1, governing thoroughbred racing in this state, or 178CSR2, governing greyhound racing in this state.

4.12. The Racing Commission shall comply with its Procedural Rule on Due Process and Hearings, 178CSR6, with regard to the denial, suspension or revocation of a permit or registration issued under this rule.

W. Va. Code R. § 178-7-5 Duties of Gaming Licensees

5.1. A Gaming Licensee shall be responsible for compliance with all rules relating to associations licensed by the Commission as they apply to pari-mutuel wagering contained in 178CSR5.

5.2. A Gaming Licensee shall file audited financial statements on or before the 30th of April of each year, unless otherwise authorized by the Racing Commission. These financial statements shall cover all income and disbursements relating directly and indirectly to the conducting of simulcast pari-mutuel wagering. The financial statements shall be prepared in accordance with generally accepted accounting principles and shall be accompanied by the report of an independent certified public accountant. If the Gaming Licensee is a corporation, it shall provide the Racing Commission with a copy of its annual audited, consolidated financial statements contained in the corporation’s annual report to its shareholders and, if applicable, as submitted to the United States Securities and Exchange Commission.

5.3. A Gaming Licensee is obligated to ensure the amounts retained from the pari-mutuel handles are distributed according to the W. Va. Code and Racing Commission rules.

5.4. A Gaming Licensee shall provide proof of liability insurance coverage upon the request of the Racing Commission.

5.5. A Gaming Licensee shall ensure that its gaming facility is designed and maintained for the safety of the patrons and occupational permit holders/registrants and is accessible to persons with disabilities as required by state and federal law.

5.6. A Gaming Licensee shall cooperate in all respects with the Racing Commission, its employees and representatives in the performance of their regulatory duties.

5.7. A Gaming Licensee shall provide members of the Racing Commission, its employees, its representatives and its designated agents the right of full and complete entry to any and all parts of the Gaming Licensee’s gaming facility.

5.8. A Gaming Licensee shall provide suitable office and parking space at its gaming facility for the use of the Racing Commission, its employees, its representatives and its designated agents for private consultation and the performance of any on-site work associated with the Commission’s regulation of the Gaming Licensee.

5.9. A Gaming Licensee contemplating a change of any kind pertaining to its gaming facility shall notify the Racing Commission in writing and obtain the Racing Commission’s permission before any changes are made.

5.10. A Gaming Licensee shall maintain security controls over its gaming facility.

5.11. A Gaming Licensee shall establish a system or method of issuing credentials or passes to restrict access to its restricted areas in its gaming facility.

5.12. A Gaming Licensee shall ensure that all persons engaged in simulcast wagering-related activities at its gaming facility, including its employees who are so engaged, hold occupational permits or are registered as required by the W. Va. Code and this rule.

5.13. A Gaming Licensee shall prevent access to and shall remove or cause to be removed from its restricted areas any person who does not have an occupational permit or registration issued by the Racing Commission, or who has not been issued a visitor’s pass or other indentifying credential that authorizes him or her to have access to the restricted areas.

5.14. Upon the request of the Racing Commission, a Gaming Licensee shall make a report to the Racing Commission which details any and all occurrences or incidents at the gaming facility. The report shall include the name of all persons involved in the occurrences or incidents and the circumstances of the occurrences or incidents.

5.15. It is the responsibility of a Gaming Licensee to ensure that all persons under the age of sixteen (16) years are properly supervised by an adult when admitted to the gaming facility. Persons under the age of eighteen (18) years may not be admitted in the restricted areas of the gaming facility without the written permission of the Commission’s Executive Director, except in case of an emergency.

5.16. A Gaming Licensee shall not permit or allow any individual under the age of eighteen (18) years to wager at its gaming facility, knowing or having reason to believe that the individual is under the age of eighteen (18) years.

5.17. A Gaming Licensee shall issue a badge or credential to all occupational permit holders/registrants and shall ensure that those persons who are issued a badge or credential visibly display the same at all times while on duty.

5.18. A Gaming Licensee, its employees or agents shall report to the Racing Commission any knowledge they have that a violation of the Commission’s rules or the laws of this State pertaining to the gaming facility’s operations has occurred or may occur.

178CSR7

178CSR7

Series 08 Racing Interpretive Rule

W. Va. Code R. § 178-8-1 General

1.1. Scope and Purpose. -- The purpose of this interpretive rule is to disclose how the Racing Commission will interpret, clarify and explain provisions of Horse and Dog Racing, codified in W. Va. Code §19-23-1, et seq

1.2. Authority. -- W. Va. Code §§19-23-1, et seq;29A-3-4.

1.3. Filing Date. -- August 6, 2013.

1.4. Effective Date. -- September 5, 2013.

W. Va. Code R. § 178-8-2 Bona Fide Residency

2.1. For the purpose of distributing quarterly supplemental purse awards pursuant to W. Va. Code §19-23-13(c)(1)(A), the Racing Commission must first verify West Virginia residency. The Commission has interpreted the required documentation to show bona fide residency to include the following terms for consistency in application:

2.1.1. All claimants must provide a signed authorization for release of tax information and if applicable, a copy of a filed federal tax extension, and proof of payment of real or personal property taxes by April 30 of each year.

2.1.2. Failure to submit the statutorily required documentation will result in denial of any quarterly claims until the items required by subsection 2.1.1 are provided to the Racing Commission.

2.2. For the purpose of participating in the West Virginia Greyhound Development Fund pursuant to W. Va. Code §19-23-10(d), the Racing Commission must verify West Virginia residency of prospective participants. The Commission has interpreted the required documentation to show bona fide residency to include the following terms for consistency in application:

2.2.1. All participants must provide a signed authorization for release of tax information, and if applicable, a copy of a filed federal tax extension, and proof of payment of real or personal property taxes, and the affidavit required by W. Va. Code §19-23-10(d) by April 30 of each year.

2.2.2. Failure to submit the statutorily required documentation will result in denial of distributions until the items required by subsection 2.2.1 are provided to the Racing Commission.

2.2.3. Upon receipt of the required documentation, the owner will be deemed eligible to earn points for the month in which documentation is approved, and shall remain eligible until such time as the documentation is required to be updated pursuant to W. Va. Code §19-23-10(d) and this rule.

178CSR8

Series 09 Reimbursement of Capital Reinvestment Projects

W. Va. Code R. § 178-9-1 General

1.1. Scope. -- This rule specifies the procedures for the disbursement of funds by the Racing Commission to thoroughbred and greyhound racetracks for expenditure upon capital improvements as authorized in West Virginia Code §§19-23-13c(b)(3)(A), (B) and (C) and 19-23-13c(c).

1.2. Authority. -- W. Va. Code §19-23-6(3).

1.3. Filing Date. -- June 11, 2014.

1.4. Effective Date. -- July 11, 2014.

W. Va. Code R. § 178-9-2 Definitions

2.1. “Capital improvement” means amounts paid or incurred to add to the value, or substantially prolong the useful life, of property owned by a racetrack or to adapt such property to a new or different use, as defined by the Internal Revenue Code, 26 U.S.C. §263.

2.2. “Commission” means the West Virginia Racing Commission.

2.3. “Director of Audit” means the person employed by the West Virginia Racing Commission in accordance with West Virginia Code §19-23-5(b), 178 W. Va. C.S.R. 1, §5.4., and 178 W. Va. C.S.R. 2, §4.4.

2.4. “Executive Director” means the person employed by the West Virginia Racing Commission in accordance with West Virginia Code §19-23-5(a).

2.5. “Racetrack” means a thoroughbred or greyhound racetrack licensed by the West Virginia Racing Commission to conduct horse or dog racing for a purse where the pari-mutuel system of wagering is permitted.

W. Va. Code R. § 178-9-3 Segregation of Funds

3.1. The Racing Commission shall maintain a segregated accounting of the funds available to each racetrack for capital improvements.

3.2. The balance of each segregated fund shall be reported to the Commission and to each of the racetracks by the Director of Audit at least once per calendar quarter.

W. Va. Code R. § 178-9-4 Request for Reimbursement of Funds

4.1. A racetrack seeking reimbursement for funds expended upon a capital improvement shall make a written request to the Director of Audit which shall contain:

4.1.a. a detailed description of the capital improvement and its purpose;

4.1.b. a detailed description of how the capital improvement provides for the betterment of racing;

4.1.c. a detailed description of how the capital improvement benefits those engaged in racing activities;

4.1.d. an estimate of the capital improvement cost;

4.1.e. copies of the bids solicited by the racetrack from potential vendors; and,

4.1.f. a deduction for the salvage value received from any old asset.

4.2. Upon receipt of a written request from a racetrack seeking reimbursement for funds expended upon a capital improvement, the Director of Audit shall:

4.2.a. Include the reimbursement request information in the reports provided for in subsection

3.2. of this rule.

4.2.b. Submit the application to the Commission for approval, denial, or other action deemed appropriate by the Commission.

4.2.c. Provide notice to the racetrack that the request has been approved, denied, or otherwise acted upon by the Commission.

4.3. Any increase in the anticipated cost of a capital improvement project shall be submitted to and approved by the Commission.

W. Va. Code R. § 178-9-5 Use of Funds

5.1. A racetrack may submit invoices for partial reimbursements as a capital improvement project progresses or may submit invoices for full reimbursement at the conclusion of a project.

5.2. Invoices, cancelled checks and other supporting documentation submitted in connection with a partial or full reimbursement request shall be provided by the racetrack for review by the Director of Audit. The Director of Audit shall instruct an employee of the Commission stationed at the racetrack to perform a site visit to ensure that the status of the capital improvement project supports the request.

5.3. Thereafter, the Director of Audit shall perform a site visit or desk review, whichever is appropriate, to ensure that the request submitted for reimbursement has been completed and that it is in conformance with the request approved by the Commission.

5.4. Thereafter, the Director of Audit shall obtain the approval of the Executive Director to process the request for payment out of the racetrack’s segregated capital improvement account.

5.5. A request for partial or full reimbursement that includes the final ten percent of the amount of funds approved by the Commission shall not be reimbursed to the racetrack until a project-end audit has been completed. The audit shall be performed by an employee of the Commission, or an entity or person selected by the Commission.

5.6. Upon completion of a capital improvement project, the racetrack shall submit a letter certifying completion to the Director of Audit.

Series 10 Advance Deposit Account Wagering

W. Va. Code R. § 178-10-1 General

1.1. Scope. -- This rule regulates the conduct of advance deposit wagering in this state.

1.2. Authority. -- W. Va. Code §19-23-12e(l).

1.3. Filing Date. – June 9, 2026

1.4. Effective Date. -- July 31, 2026

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

PART 1. DEFINITIONS.

W. Va. Code R. § 178-10-2 Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed in this section.

2.1. “Account” means an advance deposit wagering (ADW) account owned by an account holder and managed by an ADW licensee that the Racing Commission has determined will maintain a specific identifiable record of account deposits, wagers, credits, debits, and withdrawals, and protect the account holder’s confidential information.

2.2. “Account holder” means a resident individual, at least 18 years of age who applies for and successfully opens an account with an ADW licensee.

2.3. “Advance deposit account wagering” means a method of pari-mutuel wagering that is permissible under the Interstate Horseracing Act, 15 U.S.C. §3001 et seq., in which an individual may establish an account with a person or entity, licensed by the Racing Commission, to place pari-mutual wagers on horse or greyhound racing with the ADW licensee via electronic media or by telephone, but not account wagering conducted through a licensee under §19-23-9(a) of the West Virginia code, and the Racing Commission’s rules thereunder with respect to wagering conducted pursuant to Racing Commission Rule §178-5-5.

2.4. “Advance deposit account wagering licensee” means an entity licensed by the Racing Commission to conduct advance deposit account wagering that accepts deposits and wagers, issues a receipt or other confirmation to the account holder evidencing the deposits and wagers, and transfers credits and debits to and from an account.

2.5. “ADW” means advance deposit account wagering.

2.6. “Confidential information” means (A) The amount of money credited to, debited from, withdrawn from, or present in an account; (B) the amount of money wagered by an account holder on any race or series of races, or the identities of racing associations on which the account holder is wagering or has wagered; (C) the account number and secure personal identification information of an account holder; and (D) unless authorized by the account holder, the name, address, or other information that would identify the account holder to any person or entity other than the Racing Commission or the ADW licensee that manages the account.

2.7. “Electronic media” means any electronic communication device or combination of devices, including, but not limited to, personal computers, the Internet, private networks, interactive televisions, and wireless communication technologies or other technologies approved by the Racing Commission.

2.8. “Licensee” means any racing association holding a license as defined by §19-23-3 of the West Virginia code.

2.9. “Located” means, in regard to a resident account holder, where his or her principal residence is located.

2.10. “Principal residence” means the street address identified by a resident account holder as that individual’s residential address, as the address may be verified by the ADW licensee to the satisfaction of the Racing Commission.

2.11. “Resident” is an individual who: (A) is domiciled in West Virginia; (B) maintains a place of abode and spends at least 183 days within a calendar year in West Virginia; or (C) lists an address in West Virginia as his or her principal residence when opening an account.

2.12. “Source market fee” means a fee paid by the ADW licensee which shall be four percent of the total amount wagered through the ADW licensee by residents under § 19-23-12e of the West Virginia code, excluding refunds and cancellations, payable on a monthly basis to the Racing Commission and distributed as set forth in §19-23-12e(b) of the West Virginia code.

2.13. “Total handle” means the total annual dollar sales amount of all pari-mutuel wagering on horse and greyhound races conducted at, or generated from, imports or exports of simulcast horse and greyhound races to or from a licensee, including all moneys from wagering conducted under §19-23-9, §19-23-12a, §19-23-12b, and §19-23-12c of the West Virginia code, but excluding refunds, cancellations, and advance deposit account wagering under §19-23-12e of the West Virginia code.

PART 2. ISSUANCE OF ADW LICENSES.

W. Va. Code R. § 178-10-3 Authorization to conduct advance deposit account wagering

3.1. No person or entity shall conduct advance deposit account wagering (ADW) in the state of West Virginia unless the person or entity has applied for and has been granted an ADW license by the Racing Commission. No ADW license shall be granted by the Commission unless the applicant meets all requirements specified in §19-23-12e of the West Virginia code and this rule.

3.2. An ADW license shall be valid for the calendar year in which it is issued. Provided that, those initial ADW licenses issued by the Racing Commission on or after the July 1, 2020 effective date of West Virginia §§ 19-23-12e et seq., and the effective date of this rule, shall be valid from the date of issuance until December 31, 2020.

3.3. An application shall include, on a form prescribed by the Racing Commission and located on its website at https://racing.wv.gov, the names, addresses and telephone numbers of all officers and directors. The following information shall be required to be provided by an applicant to the Commission:

3.3.a. An application shall include an affidavit from the chief executive officer or a major financial participant in the applicant setting forth:

3.3.a.1. That the application is made for a license to conduct ADW in the state of West Virginia;

3.3.a.2. That the 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 shall be attached;

3.3.a.3. That the applicant seeks a grant of a privilege from the state of West Virginia, and the burden of proving the applicant’s qualifications rests at all times with the applicant;

3.3.a.4. That the applicant consents to inquiries by the state of West Virginia, its employees, the Racing Commission, its staff and agents, into the financial, character, and other qualifications of the applicant by contacting individuals and organizations;

3.3.a.5. 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 West Virginia, its employees, the Racing Commission, staff, or agents;

3.3.a.6. That the affiant has read the application and knows the contents; the contents are true to affiant’s own knowledge, except matters therein stated as information and belief; as to those matters, affiant believes them to be true;

3.3.a.7. 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, suspension or conditioning of a license or imposition of a fine, or any or all of the foregoing;

3.3.a.8. That the applicant will comply with all applicable state and federal statutes and rules, all rules of the Racing Commission and all other local ordinances;

3.3.a.9. The affiant’s signature, name, organization, position, address, and telephone number; and

3.3.a.10. The date.

3.3.b. An applicant must disclose the following ownership and control information:

3.3.b.1. The type of organizational structure of the applicant, whether individual, business corporation, nonprofit corporation, partnership, joint venture, trust, association, or other;

3.3.b.2. If the applicant is an individual, the applicant’s legal name, whether the applicant is a United States citizen, any aliases and business or trade names currently or previously used by the applicant, and copies of all state and federal tax returns for the past five years;

3.3.b.3. If the applicant is a corporation:

3.3.b.3.A. The applicant’s full corporate name and any trade names currently or previously used by the applicant;

3.3.b.3.B. The jurisdiction and date of incorporation;

3.3.b.3.C. The date the applicant began doing business in West Virginia and a copy of the applicant’s certificate of authority to do business in West Virginia;

3.3.b.3.D. Copies of the applicant’s articles of incorporation, bylaws, and all state and federal corporate tax returns for the past five years;

3.3.b.3.E. The general nature of the applicant’s business;

3.3.b.3.F. Whether the applicant is publicly held as defined by the rules and regulations of the Securities and Exchange Commission;

3.3.b.3.G. The classes of stock of the applicant. As to each class, the number of shares authorized, number of shares subscribed to, number issued, number outstanding, par value per share, issue price, current market price, number of shareholders, terms, position, rights, and privileges must be disclosed;

3.3.b.3.H. Whether the applicant has any other obligations or securities authorized or outstanding which bear voting rights either absolutely or upon any contingency, the nature thereof, face or par value, number of units authorized, number outstanding, and conditions under which they may be voted;

3.3.b.3.I. The names, in alphabetical order, and addresses of the directors and, in a separate list, officers of the applicant. The number of shares held of record directly or indirectly by each director and officer as of the application date of each class of stock, including stock options and subscriptions, and units held of record or beneficially of other obligations or securities which bear voting rights must be disclosed;

3.3.b.3.J. The names, in alphabetical order, and addresses of each recordholder as of the date of application or beneficial owner of shares, including stock options and subscriptions, of the applicant or units of other obligations or securities which bear voting rights. As to each holder of shares or units, the number and class or type of shares or units shall be disclosed;

3.3.b.3.K. Whether the requirements of the Securities Act of 1933 and Securities and Exchange Act of 1934, as amended, and Securities and Exchange Commission rules and regulations have been met in connection with issuance of applicant’s securities, and copies of the most recent registration statement and annual report filed with the Securities and Exchange Commission;

3.3.b.3.L. Whether the securities registration and filing requirements of the applicant’s jurisdiction of incorporation have been met, and a copy of the most recent registration statement filed with the securities regulator in that jurisdiction; and

3.3.b.3.M. Whether the securities registration and filing requirements of the state of West Virginia have been met. If they have not, the applicant must disclose the reasons why. The applicant must provide copies of all securities filings with the West Virginia Securities Commission during the past five years.

3.3.b.4. If the applicant is an organization other than a corporation:

3.3.b.4.A. The applicant’s full name and any aliases, business, or trade names currently or previously used by the applicant;

3.3.b.4.B. The jurisdiction of organization of the applicant;

3.3.b.4.C. The date the applicant began doing business in West Virginia;

3.3.b.4.D. Copies of any agreements creating or governing the applicant’s organization and all of the applicant’s state and federal tax returns for the past five years;

3.3.b.4.E. The general nature of the applicant’s business;

3.3.b.4.F. The names, in alphabetical order, and addresses of any partners and officers of the applicant and other persons who have or share policy-making authority. As to each, the applicant must disclose the nature and extent of any ownership interest, direct or indirect, including options, or other voting interest, whether absolute or contingent, in the applicant; and

3.3.b.4.G. The names, in alphabetical order, and addresses of any individual or other entity holding a record or beneficial ownership interest, direct or indirect, including options, as of the date of the application, or other voting interest, whether absolute or contingent, in the applicant. As to each, the applicant must disclose the nature and extent of the interest.

3.3.b.5. If a non-individual record or beneficial holder of an ownership or other voting interest of 5.0% or more in the applicant is identified pursuant to subparagraph 3.3.b.3.I. or subparagraph 3.3.b.3.J. or subparagraphs 3.3.b.4.F. and 3.3.b.4.G., the applicant must disclose the information required by those subparagraphs as to record or beneficial holders of an ownership or other voting interest of 5.0% or more in that non-individual holder. The disclosure required by those subparagraphs must be repeated, in turn, until all other voting interests of 5.0% or more in the applicant or any non-individual holder are identified. When an applicant is unable to provide the information required, it shall explain fully and document its inability to do so;

3.3.b.6. 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;

3.3.b.7. Any agreements or understandings which the applicant or any individual or entity identified pursuant to this rule has entered into regarding ownership or operation of applicant’s proposed ADW business, and copies of any such agreements in writing;

3.3.b.8. Any agreements or understandings which the applicant has entered into for the payment of fees, rents, salaries, or other compensation concerning the proposed ADW business by the applicant, and copies of any such agreements in writing; and

3.3.b.9. 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 5.0% or more has held or holds a license or permit issued by a governmental authority to own or operate a horse or greyhound racing facility, pari-mutuel wagering facility or any other form of gambling entity, or has a financial interest in such an enterprise or conducts any aspect of horse or greyhound 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.

3.3.c. An applicant for an ADW license must disclose and furnish character information as to whether the applicant or any individual or other entity identified pursuant to this rule has:

3.3.c.1. Been charged in any criminal proceeding other than a traffic violation. If so, the applicant must disclose nature of the charge, the date charged, court and disposition;

3.3.c.2. Had a horse or greyhound racing, gambling, ADW, business, professional, or occupational 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 and disposition;

3.3.c.3. Been accused in an administrative or judicial proceeding of violating a statute or regulation relating to horse or greyhound racing, or gambling, or ADW operations;

3.3.c.4. Been charged in an administrative or judicial proceeding of violating a statute or regulation relating to unfair labor practices or discrimination;

3.3.c.5. Initiated an administrative or judicial action against a governmental regulator of horse or greyhound racing, or gambling, or ADW operations. If so, the applicant must disclose the date of commencement, forum, circumstances and disposition;

3.3.c.6. Been a party in any administrative or judicial action involving ADW. If so, the applicant must disclose the nature of the action, the forum of the action, the circumstances and disposition;

3.3.c.7. 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 disposition;

3.3.c.8. Failed to satisfy any judgment, decree or order of an administrative or judicial tribunal. If so, the applicant must disclose the date and circumstances; and

3.3.c.9. Been delinquent in filing a tax return required or remitting a tax imposed by any government. If so, the applicant must disclose the date and circumstances.

3.3.d. The disclosure of character information that is required by subdivision 3.3.c. of this rule must be made if the applicant, any individual or entity that owns a 5.0% or greater equity interest in the applicant, or any person or entity that will exercise any degree of management or control of the applicant, has committed any of the acts or otherwise meets any of the criteria listed in subdivision 3.3.c.

3.3.e. An applicant for an ADW license must provide the following with regard to financial resources:

3.3.e.1. The most recent independently audited financial statement showing:

3.3.e.1.A. The applicant’s current assets, including investments in affiliated entities, loans and accounts receivable;

3.3.e.1.B. Fixed assets;

3.3.e.1.C. Current liabilities, including loans and accounts payable;

3.3.e.1.D. Long-term debt and equity; and

3.3.e.1.E. Statement of income and expenses, and statement of cash flow.

3.3.f. As part of the application process, the ADW license applicant shall submit a detailed plan, including a detailed budget of the cost of implementation, how its proposed ADW system will operate, and internal controls procedures. The Racing Commission may require changes in a proposed plan of operations as a condition of granting an ADW license. No subsequent material changes in the system’s operation may occur unless ordered by the Racing Commission or until approval is obtained from the Racing Commission after it receives a written request.

3.4. The Racing Commission may conduct investigations or inspections or request additional information from the applicant for a license and its officers, directors, managers and equity holders, as applicable, holding 5.0% or more of the applicant’s equity interest, as it deems appropriate in determining if the applicant has the financial resources to conduct ADW, and whether to allow the applicant to conduct ADW.

3.5. Before being granted its original ADW license, and every six months thereafter, an ADW licensee shall furnish the Racing Commission with proof that the account holders will be guaranteed the full value of their accounts regardless of the acts of the ADW licensee or any other entity. If the proof offered to the Racing Commission is not satisfactory to the Commission, the Commission may require the ADW licensee to purchase a bond or other form of insurance guaranteeing that the account holders receive the full value of their accounts.

3.6. An application to renew an ADW license for each succeeding calendar year is due in the offices of the Racing Commission by 5:00 p.m. on December 1 on a form prescribed by the Racing Commission and located on its website at https://racing.wv.gov. If December 1 falls on a Saturday, Sunday or designated state holiday, then the renewal application shall be submitted to the Racing Commission by 5:00 p.m. on the next business day.

PART 3. ADW LICENSEE OPERATIONS, REQUIREMENTS AND FEES.

W. Va. Code R. § 178-10-4 Operations by advance deposit account wagering licensees

4.1. Before beginning operations in the state of West Virginia, an ADW licensee must be qualified to do business in West Virginia.

4.2. Any action that suspends or otherwise prohibits an ADW licensee of the Racing Commission from operating in another state may be used as grounds for a suspension of its ADW license in West Virginia. An ADW licensee whose ADW license has been suspended, revoked or otherwise rendered inoperable in another state has a duty to immediately notify the Racing Commission.

4.3. Only individuals who have established accounts with an ADW entity licensed by the Racing Commission may wager through an account and that account must be with an ADW entity licensed in West Virginia.

4.4. The following provisions apply to opening an ADW account:.

4.4.a. An ADW licensee shall require from an applicant the following information including, but not limited to:

4.4.a.1. Name;

4.4.a.2. Principal residence address;

4.4.a.3. Telephone number;

4.4.a.4. The entire or last four digits of the applicant’s Social Security number, or the equivalent for a foreign applicant such as a passport or taxpayer identification number;

4.4.a.5. Age; and

4.4.a.6. Other information necessary for account administration.

4.4.b. The information obtained from the applicant shall be verified by the ADW licensee using means acceptable to the Racing Commission.

4.5. The following provisions apply to administration of an ADW account:

4.5.a. Each account holder’s ADW account shall be administered in accordance with the terms of agreement, which have been approved by the Racing Commission, including but not limited to:

4.5.a.1. Deposits;

4.5.a.2. Credits to accounts;

4.5.a.3. Debits to accounts;

4.5.a.4. Withdrawals;

4.5.a.5. Minimum deposit; and

4.5.a.6. Fees, if any, per wager.

4.6. Only the holder of an ADW account shall place an account wager. Unless otherwise approved by the Commission, no person, corporation or other entity shall directly or indirectly act as an intermediary, transmitter or agent in the placing of wagers for a holder of an ADW account. Provided, however, that the use of credit or debit cards specifically approved by the ADW licensee or the use of checks, money orders or negotiable orders of withdrawal or the use of telephonic, computer or electronic means by the account holder to place such wagers shall not be prohibited.

4.7. An ADW licensee shall maintain for at least three years all records of the opening and closing of accounts, wagers, earnings and withdrawals.

4.8. An ADW licensee may close accounts for violation of its terms of agreement or other appropriate reasons;

4.9. An ADW licensee may close wagering on any particular race or racetrack;

4.10. An ADW licensee shall provide the account holder with appropriate identification materials and the terms of agreement.

4.11. The principal residence address provided in writing by the account holder at the time of application is deemed to be the proper address for the purposes of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence. The mailing of checks or other correspondence to the address given by the account holder shall be at the sole risk of the account holder.

W. Va. Code R. § 178-10-5 ADW licensee requirements

5.1. An ADW licensee shall conduct its operations with account holders in accordance with the terms of agreement, previously approved by the Racing Commission.

5.2. No employee or agent of the ADW licensee shall divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the ADW licensee except:

5.2.a. To the account holder as required by this rule;

5.2.b. To the Racing Commission;

5.2.c. To the ADW licensee; and

5.2.d. As otherwise required by state or federal law.

5.3. All wagering conversations, transactions or other wagering communications through the ADW system, verbal or electronic, shall be recorded by means of the appropriate electronic media, and the tapes or other records of such communications shall be kept by the ADW licensee for a period of three years. These tapes and other records shall be made available to Racing Commission, its employees and designees upon request.

5.4. The recording of the confirmation of the transaction, as reflected in the voice or data recording records, shall be deemed to be the actual wager, regardless of what was recorded by the pari-mutuel system.

5.5. An ADW licensee shall not accept wagers if its transcribing system is not operable.

5.6. An ADW license shall be administered in accordance with its terms of licensure and the previously approved terms of agreement.

5.7. The Racing Commission, its employees and designees may audit, review and monitor the equipment, staff and records of an ADW licensee and any of the transactions conducted by the ADW licensee in regards to wagers made by account holders; the calculation and determination of the source market fee set forth in West Virginia Code §19-23-12e(b); the total amount wagered through the ADW licensee by residents; the calculation and determination of the regulatory fee set forth in West Virginia Code §19-23-12e(h); and, the calculation and determination of the additional fee set forth in West Virginia Code §19-2312e(i) to be deposited in the special revenue “Advance Deposit Wagering Account.”

W. Va. Code R. § 178-10-6 ADW licensee fees

6.1. An initial or renewal application for an ADW license shall be accompanied by a nonrefundable application fee of $5,000.00 payable to the Racing Commission. Provided that an initial application for an ADW license submitted on or after the July 1, 2020 effective date of West Virginia §§ 19-23-12e et seq., and the effective date of this rule, for the period ending on December 31, 2020, shall be accompanied by a nonrefundable application fee of $2,500.00 payable to the Racing Commission.

6.2. An applicant for an initial or renewal ADW license shall be billed and shall be responsible for any costs involved in the background checks and review conducted by the Racing Commission in connection with the application. Payment for such costs shall be due within fifteen days of receipt of the bill issued by the Racing Commission.

6.3. The source market fee set forth in West Virginia Code §19-23-12e(b) shall be paid by an ADW licensee to the Racing Commission on the tenth day of each month for the previous month. Thereafter, the Racing Commission shall distribute the source market fee in the manner required by West Virginia Code §19-23-12e(b) by no later than the twentieth day of each month.

6.4. The regulatory fee set forth in West Virginia Code §19-23-12e(h) shall be paid by an ADW licensee to the Racing Commission on the tenth day of each month for the previous month.

6.5. The additional fee set forth in West Virginia Code §19-23-12e(i) to be deposited in the special revenue “Advance Deposit Wagering Account” shall be paid by an ADW licensee to the Racing Commission on the tenth day of each month for the previous month.

6.6. For purposes of this subsection, if a fee is required to be paid or a distribution is required to be made on a day that is a Saturday, Sunday or designated state holiday, then the fee shall be paid or the distribution shall be made on the next business day.

PART 4. DENIAL AND DISCIPLINE OF A LICENSE AND ENFORCEMENT AND PENALTIES.

W. Va. Code R. § 178-10-7 Grounds for Denial and Discipline of a License. 7.1 The Racing Commission may, in its discretion, refuse to issue or renew an ADW license to an applicant, or may in its discretion, suspend, revoke, or impose other disciplinary measures upon an ADW license issued in this state if the applicant or any individual or other entity identified pursuant to this rule in connection with the application, or the ADW licensee has:

7.1.a. has been convicted of a crime in any jurisdiction, other than a traffic violation, that bears a rational nexus to the qualifications, functions or duties necessary to engage in ADW operations;

7.1.b. has demonstrated financial irresponsibility or financial instability in such a manner that it bears on the ability of the applicant or the licensee to engage in ADW operations;

7.1.c. has had a horse or greyhound racing, gambling, ADW, business, professional, or occupational license or permit revoked, denied, suspended or otherwise disciplined, or been a party in a proceeding to do so;

7.1.d. has violated, attempted to violate, or knowingly aided and abetted the violation of any law, rule, ruling or order with respect to ADW or racing in West Virginia or any other jurisdiction;

7.1.e. has failed to disclose or has falsely stated any information required in the application for an ADW license;

7.1.f. has violated any provision of this rule and/or the provisions of § 19-23-12e et seq. of the West Virginia code;

7.1.g. has failed to pay a required fee, fine or cost;

7.1.h. has failed to cooperate with the Racing Commission, its Executive Director, its employees, agents and designees in any inquiry, audit, investigation, review or proceeding.

W. Va. Code R. § 178-10-8 Denial of ADW license application

8.1. Whenever the Racing Commission shall deny an application for an ADW license it shall make and enter an order to that effect and serve a copy thereof on the applicant in any manner in which a summons may be served in a civil action or by certified mail, return receipt requested. Such order shall state the grounds for the action taken.

8.2. An ADW license applicant adversely affected by any such order shall be entitled to a hearing thereon if, within twenty days after service, the applicant files with the Racing Commission a written demand for such hearing. The Racing Commission may require the applicant demanding a hearing to give reasonable security for the costs of the hearing and if the applicant does not substantially prevail at the hearing, such costs, less the security, and the Commission’s attorney fees shall be assessed against such person and may be collected by an action at law or other proper remedy.

8.3. Upon receipt of a written demand for such hearing, the Racing Commission shall set a time and place therefor not less than ten and not more than thirty days thereafter. Any hearing may be continued by the Racing Commission or its appointed hearing examiner for good cause shown.

8.4. All of the pertinent provisions of §29A-5-1 et seq. of the West Virginia code and the pertinent provisions of 178 CSR 6, the Racing Commission’s Due Process and Hearings procedural rule, apply to and govern the hearing and the administrative procedures in connection with such hearing.

8.5. Any such hearing shall be conducted by a quorum of the Racing Commission or by a hearing examiner appointed by the Racing Commission who is licensed to practice law in the State of West Virginia. For the purpose of conducting any such hearing, any member of the Racing Commission or its appointed hearing examiner has the power and authority to issue subpoenas and subpoenas duces tecum as provided in §19-23-6 of the West Virginia code. Any such subpoenas and subpoenas duces tecum shall governed by the provisions of §29A-5-1 of the West Virginia code.

8.6. At any such hearing the applicant who demanded it may be represented by an attorney-at-law admitted to practice in West Virginia. The Racing Commission shall be represented at any such hearing by the Attorney General or his or her assistants. The Racing Commission, with the written approval of the Attorney General, may employ special counsel to represent the Racing Commission at any such hearing.

8.7. After any such hearing and consideration of all of the testimony, evidence and record in the case, the Racing Commission shall render its decision in writing. The written decision of the Racing Commission shall be accompanied by findings of fact and conclusions of law as specified in §29A-5-3 of the West Virginia code, and a copy of such decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the applicant demanding such hearing, and his or her attorney of record, if any. If a hearing is conducted by a hearing examiner appointed by the Racing Commission, he or she shall prepare a written recommended decision for the Commission’s consideration. The Racing Commission, in its discretion, may accept the recommendation in its entirety, modify it, or reject it. If the Racing Commission modifies or rejects a recommended decision of an appointed hearing examiner, either in whole or in part, it shall issue a reasoned, articulate explanation and a recitation of the underlying evidence or other matters upon which it bases its decision, including findings of fact and conclusions of law.

8.8. The decision of the Racing Commission shall be final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of §29A-5-4 of the West Virginia code.

W. Va. Code R. § 178-10-9 Discipline of ADW Licensees and Penalties

9.1. After notice and an opportunity to be heard, the Racing Commission may impose one of the following penalties or any combination of two or more of the following penalties on an ADW licensee who has been found to have engaged in conduct constituting grounds for disciplinary action:

9.1.a. issue a reprimand;

9.1.b. assess a fine not to exceed one hundred thousand dollars ($100,000.00) per violation, which may be deposited in the Racing Commission’s general administrative account;

9.1.c. place an ADW licensee on probation;

9.1.d. place conditions on an ADW license;

9.1.e. suspend an ADW license for an indefinite or fixed period; or

9.1.f. revoke an ADW license.

9.2. Disciplinary proceedings initiated by the Racing Commission against an ADW licensee and any hearings scheduled in connection with those disciplinary proceedings shall be governed by the pertinent provisions of §29A-5-1 et seq. of the West Virginia code, the pertinent provisions of 178 CSR 6, the Racing Commission’s Due Process and Hearings procedural rule, and subsections 8.5., 8.6., 8.7. and 8.8. of this rule.

9.3. If the Racing Commission substantially prevails in a disciplinary proceeding against an ADW licensee, it may assess the cost of the proceeding and the Commission’s attorney fees against the licensee. The Racing Commission may collect such costs and fees by an action at law or other proper remedy, if necessary.

9.4. The Racing Commission may summarily suspend an ADW license for a period not to exceed ninety days pending a hearing and final determination by the Commission if the Commission determines that emergency action is required to protect the public health, safety and welfare including, but not limited to, revenues due the state of West Virginia, the Racing Commission, its horse and greyhound racing licensees, its racing licensees’ purse accounts, the West Virginia Thoroughbred Development Fund and the Greyhound Breeding Development Fund. The Racing Commission shall schedule a hearing within fourteen business days after the license is summarily suspended and notify the licensee not less than five business days before the hearing of the date, time, and place of the hearing.

W. Va. Code R. § 178-10-10 Enforcement

10.1. The Racing Commission shall have all of the rights, powers and remedies provided for in §§19-23-1 et seq. and 19-23-12e et seq. of the West Virginia code to ensure compliance with this rule and applicable statutes, including, but not limited to, injunctive relief.

10.2. Additionally, with respect to any person or entity that engages in ADW in West Virginia without a license issued by the Racing Commission, the Commission may take such measures as it deems necessary, including, but not limited to, seeking injunctive relief in a court of competent jurisdiction and/or referral to the appropriate prosecutorial and law-enforcement authorities for criminal prosecution.